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7,563 | David Chevan | Southern Connecticut State University | [
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] | {"7563_101.pdf": "Sep 13, 2013 protest centers on sexual misconduct claim >> About 100 students protested Tuesday outside the office of a Southern Connecticut State University music professor accused of sexual misconduct against a former student. Wendy Wyler, who graduated in 2012, recently settled her lawsuit against professor David Chevan, but still has litigation pending against in the 2011 incident. She claims that Chevan lured her into a storage room, closed the door and made unwanted sexual advances toward her. Subscribe Sign in 2/16/25, 10:31 protest centers on sexual misconduct claim 1/7 Chevan denies the accusation subsequent university investigation concluded Chevan violated the school\u2019s sexual harassment policies, and suspended him for two weeks without pay. \u201cThe professor\u2019s office is right over there and he\u2019s inside,\u201d Wyler said, pointing to a window at SCSU\u2019s Earl Hall prior to the protest. \u201cThe main goal today is to have him removed from campus. This man should not be around students. He\u2019s clearly a predator.\u201d More News (Photo by Peter Hvizdak \u2014 Register)Wendy Wyler, speaks during a protest on her behalf at Southern Connecticut State University Tuesday, September 10, 2013 , about her sexual misconduct lawsuit against music professor David Chevan and decrying the lack of strong action by the administration towards sexual misconduct by staff at the university. New Haven Register 2/16/25, 10:31 protest centers on sexual misconduct claim 2/7 Seal found on New Haven road near city's Long Wharf section, police say Two dead, including 2-year-old, in West Haven stabbing, police say Snow removal vendors doing poor job at New Haven schools, students and staff say Hamden schools' transportation and salaries drive proposed budget increase Whalley Avenue in New Haven losing another drug store as Walgreen's to close Rally organizers had several demands, in addition to having Chevan fired. They said they want to see the university make a public apology in the matter, reform its policies on how to handle sexual misconduct, require that all complaints be reported to the school\u2019s Title official, and ensure there are no academic reprisals against students who file sexual misconduct claims. \u201cThis is an epidemic,\u201d said Heidi Howkins Lockwood, an associate professor of philosophy at SCSU. She emphasized she was speaking as an individual, not on behalf of the faculty or administration. \u201cEach and every one of us knows someone who is suffering this fate,\u201d Lockwood said. She noted that she herself is a survivor of a sexual misconduct incident 20 2/16/25, 10:31 protest centers on sexual misconduct claim 3/7 years ago had no comment on the protest, but did release a statement from President Mary Papazian. \u201cSouthern Connecticut State University does not tolerate sexual harassment in any form,\u201d the statement said. \u201cIt is critical that our students, staff and faculty work in an environment that celebrates their unique talents and supports their individual contributions.\u201d Chevan\u2019s legal counsel, David R. Schaefer of New Haven, confirmed his client settled with Wyler for an undisclosed amount of money. \u201cBut she has obviously not stopped trying to harm my client,\u201d Schaefer said. \u201cWe find it offensive that she continues to tell these falsehoods.\u201d Schaefer called Wyler\u2019s version of the incident \u201cnonsensical\u201d in a statement released at the protest. \u201cDevoid of all the innuendo and lies Wyler has added to embellish her story over the last two years, this case comes down to her being offended by one conversation with David Chevan that lasted less than two minutes,\u201d Schaefer said. \u201cAfter that conversation Wendy Wyler walked with David Chevan to buy coffee and then walked with him to his office to sit and talk \u2011 with the door open and no attempt to avoid observation by anybody. There was never any claim of physical contact. Any claim that this less than two-minute conversation is in the same class as sexual violence is offensive and absurd and an insult to real victims.\u201d Wyler now works at a local grocery store. 2/16/25, 10:31 protest centers on sexual misconduct claim 4/7 Sep 13, 2013 She claimed that officials \u201creduced me to insignificance,\u201d and told her repeatedly that what happened to her was typical of male behavior. She also alluded to the lingering effects of the incident, saying she often feels alone even in a room full of people. \u201cTo be honest, I\u2019m still afraid to be in an enclosed space with a man,\u201d she said. Call Jim Shelton at 203-789-5664. Don't Miss Borges ballot: Was win at Creighton enough for UConn men? 2/16/25, 10:31 protest centers on sexual misconduct claim 5/7 Do Huskies deserve to still be ranked? And what about Creighton UConn men's, women's basketball experience lows and highs this weekend UConn women's basketball win at South Carolina could change the season UConn women's basketball stuns reigning national champs South Carolina What Paige Bueckers said at half of UConn vs. South Carolina Let's Play Pile-Up Poker Really Bad Chess Flipart SpellTower About Contact Services Top 2/16/25, 10:31 protest centers on sexual misconduct claim 6/7 Account \u00a9 2025 Hearst Media Services Connecticut Terms of Use Privacy Notice Industry Opt Out Your Privacy Choices (Opt Out of Sale/Targeted Ads) 2/16/25, 10:31 protest centers on sexual misconduct claim 7/7", "7563_102.pdf": "Become HuffPost Member Today \u2014 And Go Ad Free! See More Students Demand Professor Accused Of Sexual Harassment Be Removed From Campus (VIDEO) Professor Accused Of Sexual Harassment Remains On Campus After 1-Week Punishment By Tyler Kingkade Sep 17, 2013, 05:43 Southern Connecticut State University students demanded at a rally last week that the school remove a professor accused of sexual harassment from the campus in New Haven. Go Ad-Free 2/16/25, 10:31 Students Demand Professor Accused Of Sexual Harassment Be Removed From Campus (VIDEO) | HuffPost College 1/5 Wendy Wyler, a 2012 graduate of SCSU, claimed in a lawsuit that music professor David Chevan called her \"sexy\" and attempted to have sex with her in a windowless storage room while blocking her only exit. Wyler recently settled the lawsuit against Chevan for an undisclosed amount, according to the New Haven Register. Her federal lawsuit against the university for its handling of the case is pending. Around 100 people attended the Sept. 10 rally, calling on the university to remove Chevan from the classroom, Wyler said in an email to The Huffington Post. The demonstration was organized by Southern Speaks, a student group that has collected more than 2,100 signatures on an online petition against Chevan. Wyler said at the rally that when she complained to the university about Chevan in 2011, she was repeatedly asked by an official whether she wanted to file a sexual harassment report. She said she took the questions as an attempt to discourage her from making a report found Chevan violated its sexual harassment policies. He was suspended for one week, spokesman Patrick Dilger told HuffPost. Chevan remains in the classroom. He also is on the faculty honor roll. \"The faculty and staff honor roll recognizes staff members who donate to the annual faculty-staff fundraising campaign,\" Dilger said. Chevan did not immediately return a request for comment from HuffPost. David R. Schaefer, Chevan's attorney, told the Register that Wyler's version of the event involving his client is \"nonsensical.\" 2/16/25, 10:31 Students Demand Professor Accused Of Sexual Harassment Be Removed From Campus (VIDEO) | HuffPost College 2/5 Go Ad-Free \u2014 And Protect The Free Press The next four years will change America forever. But HuffPost won't back down when it comes to providing free and impartial journalism. For the first time, we're offering an ad-free experience to qualifying contributors who support our fearless newsroom. We hope you'll join us Already contributed? Log in to hide these messages. \"This case comes down to her being offended by one conversation with David Chevan that lasted less than two minutes,\" Schaefer said. Wyler said at the rally that she told President Marian Papazian at a school social event that she was disappointed Chevan was allowed to remain on campus. Papazian was dismissive, Wyler said, responding, \"But you graduated. And you are fine now.\" \"There are other young women who were and may still be afraid to speak out about a professor who has a history of harassing, intimidating, and traumatizing female students at SCSU,\" Wyler said at the rally. She later added: \"It is incredibly important that we break the silence and let other victims know that they should not blame themselves Suggest a correction | Submit a tip 2/16/25, 10:31 Students Demand Professor Accused Of Sexual Harassment Be Removed From Campus (VIDEO) | HuffPost College 3/5 \u2018Full Bush In Bikini\u2019 Is Trending On TikTok. Here's Why It's Thing. People Are Confessing Their Worst Valentine's Day Stories Of All Time, Proving The Holiday Isn't Always About Romance And Roses Americans' Hot Sauce Preferences, Broken Down By State New Study Reveals Parents Do Have Favorite Child. Here's Who It Is 2/16/25, 10:31 Students Demand Professor Accused Of Sexual Harassment Be Removed From Campus (VIDEO) | HuffPost College 4/5 Part of HuffPost News. \u00a92025 BuzzFeed, Inc. All rights reserved. The Huffington Post 2/16/25, 10:31 Students Demand Professor Accused Of Sexual Harassment Be Removed From Campus (VIDEO) | HuffPost College 5/5", "7563_103.pdf": "Student Claims Professor Sexually Harassed Her Wendy Wyler fi\ufb01led a lawsuit on Friday. By \u2022 Published January 23, 2012 student at Southern Connecticut State University claims in a federal lawsuit that her music professor sexually harassed her, and that the college failed to fire him after substantiating her claims. Wendy Wyler alleges in the lawsuit filed on Friday that David Chevan engaged in harassment that began with comments, such as calling her \"sexy,\" and escalated to him leading her into a small storage room and propositioning her. She said she became fearful, anxious and depressed, dropping classes and her participation in bands. The lawsuit says the university's office of diversity and equity programs concluded that Chevan violated the sexual harassment policy. It cites a university report that said Chevan told an investigator he wasn't trying to become emotionally intimate with Wyler and was only acting as her therapist. The university and Chevan declined to comment to the Associated Press. Watch News 24/7 Weather Blog Trump Administration Live Face the Facts Taste O\u2026 2/16/25, 10:31 Student Claims Professor Sexually Harassed Her Connecticut 1/2 Weather Forecast 33\u00b0 Partly Cloudy 1.11% Precip 22 29 Public Inspection File Accessibility Employment Information Applications Privacy Policy Cookie Notice Terms of Service Advertise with us Send Feedback Notice Ad Choices Copyright \u00a9 2025 NBCUniversal Media, LLC. All rights reserved 2/16/25, 10:31 Student Claims Professor Sexually Harassed Her Connecticut 2/2", "7563_104.pdf": "By The Associated Press Jan 23, 2012 Southern Connecticut State University student claims in lawsuit that professor sexually harassed her HAVEN, Conn student at Southern Connecticut State University alleges in a federal lawsuit that her music professor sexually harassed her, and that the college failed to fire him after substantiating her claims. Wendy Wyler alleges in the lawsuit filed Friday that David Chevan engaged in harassment that began with him calling her \"sexy\" and making other comments, and escalated to him leading her into a small storage room and propositioning her. She said she became fearful, anxious and depressed, dropping classes and her participation in bands. The university's office of diversity and equity programs concluded Chevan violated the sexual harassment policy, according to the lawsuit, which attached a copy of the report. Subscribe Sign in 2/16/25, 10:31 Southern Connecticut State University student claims in lawsuit that professor sexually harassed her 1/6 \"His conduct was persistent and pervasive and was reasonably perceived as offensive or hostile to constitute the type of sexual harassment referred to as 'hostile environment,\"' the report stated. More News Seal found on New Haven road near city's Long Wharf section, police say Two dead, including 2-year-old, in West Haven stabbing, police say Snow removal vendors doing poor job at New Haven schools, students and staff say Hamden schools' transportation and salaries drive proposed budget increase Whalley Avenue in New Haven losing another drug store as Walgreen's to close Chevan's attorney, William Dow III, noted that anyone can make allegations in a lawsuit, and that they have to be proven in court. \"He continues to be a significant contributor to the music department at Southern,\" Dow said, declining to comment further. The university and the attorney general's office declined to comment. 2/16/25, 10:31 Southern Connecticut State University student claims in lawsuit that professor sexually harassed her 2/6 Chevan told the university investigator he was not trying to become emotionally intimate with Wyler and was acting only as her therapist, but acknowledged he crossed boundaries he should not have, according to the report. He refused to explain why he chose the closet instead of his office for a private conversation, according to the report. Another student provided a written statement during the investigation saying Chevan made suggestive remarks, inappropriately touched her, offered to smoke pot with her and invited her to his home, saying his wife was not there, according to the lawsuit. When Wyler expressed concern that Chevan would return in the fall despite the investigation's finding, a university official said, \"Welcome to the world of academia,\" according to the lawsuit. \"He remains free to continue to do what he has been doing, unabated,\" Stephan Seeger, Wyler's attorney, said Monday think it's been totally mishandled.\" As part of the harassment, Chevan told Wyler that he had had an affair with another student and that he could see himself \"engaging in similar behaviors\" with her, asked her to hug him after a performance, and told other students he had dedicated a song to her, according to the lawsuit. The song was \"While my guitar gently weeps,\" by the Beatles. Chevan led Wyler into the storage room with no windows and only one door, insisted she go inside after she refused, closed the door, spread his legs, blocked the door and proposed they engage in intimate or sexual relations, the lawsuit states. The lawsuit, which names the university and Chevan as defendants, alleges false imprisonment and violation of civil rights and accuses the university of negligent 2/16/25, 10:31 Southern Connecticut State University student claims in lawsuit that professor sexually harassed her 3/6 Jan 23, 2012 The Associated Press hiring and supervision and failing to discipline Chevan \"in a meaningful or appropriate manner.\" It seeks unspecified damages and that Chevan be fired. Don't Miss Borges ballot: Was win at Creighton enough for UConn men? Do Huskies deserve to still be ranked? And what about Creighton 2/16/25, 10:31 Southern Connecticut State University student claims in lawsuit that professor sexually harassed her 4/6 UConn men's, women's basketball experience lows and highs this weekend UConn women's basketball win at South Carolina could change the season UConn women's basketball stuns reigning national champs South Carolina What Paige Bueckers said at half of UConn vs. South Carolina Let's Play Pile-Up Poker Really Bad Chess Flipart SpellTower About Contact Services Account \u00a9 2025 Hearst Media Services Connecticut Terms of Use Privacy Notice Industry Opt Out Top 2/16/25, 10:31 Southern Connecticut State University student claims in lawsuit that professor sexually harassed her 5/6 Your Privacy Choices (Opt Out of Sale/Targeted Ads) 2/16/25, 10:31 Southern Connecticut State University student claims in lawsuit that professor sexually harassed her 6/6", "7563_105.pdf": "WYLER, : : Plaintiff No. 3:12-cv-0097 UNIV. SYS., : et al., : : Defendants Plaintiff Wendy Wyler, a former student at Southern Connecticut State University, brings this action against the Connecticut State University System, Southern Connecticut State University, former President of the University Stanley Battle and Chair of the Music Department Jonathan Irving, alleging violations of Title and, pursuant to 28 U.S.C. \u00a7 1983, violations of the Equal Protection Clause of the Fourteenth Amendment. The claims relate to sexual harassment by music professor David Chevan, formerly a defendant in this action.1 Specifically, plaintiff alleges: (1) Connecticut State University System and Southern Connecticut State University (the \u201cUniversity Defendants\u201d) violated Title by failing to take immediate, effective remedial steps to address sexual harassment by Chevan; and (2) defendants Battle and Irving (the \u201cSupervising 1 Plaintiff and Chevan filed a stipulation of dismissal of the claims against him on August 30, 2013. See No. 86. 1 Defendants\u201d) violated her rights under the Equal Protection Clause by exhibiting deliberate indifference to the sexual harassment and failing to adequately remedy the hostile educational environment it created. Defendants have moved for summary judgment. They contend that the Title claim fails because the University Defendants had no notice of sexual harassment before plaintiff\u2019s complaint, conducted a prompt investigation, issued an investigation report and conveyed the results in a timely fashion, and took appropriate remedial action. Defendants further argue that the Equal Protection Clause claims fail because the Supervising Defendants were not personally involved in the sexual harassment, their conduct did not violate the Fourteenth Amendment and they are shielded by the doctrine of qualified immunity. For reasons that follow, the motion for summary judgment No. 105] is granted and the case is dismissed. I. Background The parties\u2019 Local 56(a) statements and supporting materials, viewed most favorably to the plaintiff, would permit a jury to find the following.2 In 2011, plaintiff Wendy Wyler was a student at Southern Connecticut State University, which is a state educational institution established by statute as part of 2 Unless cited otherwise, all statements of fact come from the parties\u2019 Rule 56 Statements. See Defs.\u2019 Rule 56(a)(1) Statement No. 108); Pl.\u2019s Rule 56(a)(2) Statement No. 118-4). 2 the Connecticut State College and University System. Chevan was a professor in the University\u2019s music department, Irving was Chair of the music department and Battle was Interim President of the University. Plaintiff began attending classes taught by Chevan in 2009. She made no complaints to University officials about his comments or conduct at any time prior to the spring of 2011. She registered for two classes with him for the spring 2011 semester. That semester, Chevan made numerous inappropriate comments of a sexual nature to plaintiff. During one incident, he propositioned her in a music storage room while blocking her exit. On or around March 16, 2011, plaintiff brought Chevan\u2019s conduct to the attention of University officials. She was discouraged from filing a complaint by one of the University\u2019s Title directors and the director of the University\u2019s Women\u2019s Center. At some point thereafter, plaintiff and her mother left several voicemail messages for Battle and messages with his secretary, none of which were returned. Dep. of Wendy Wyler, Pl.\u2019s Ex. 7 at 176, 262-263 No. 118-1 at 35, 37).3 On April 4, plaintiff reported to Irving and Professor Craig Hlavac that 3 Sometime later, after the University investigation had been initiated, plaintiff attempted to send Battle an email through Patrick Dilger, whom she mistakenly thought was Battle\u2019s secretary. Dep. of Wendy Wyler, Pl.\u2019s Ex. 7 at 262-263 No. 118-1 at 37). Dilger forwarded the email to Jaye Bailey, then Associate Vice President of Human Relations and Labor Resources Director, who did not share it with Battle. 3 Chevan had sexually harassed her. The next day, Irving notified the University\u2019s Human Resources Office and the Dean of Arts and Sciences about plaintiff\u2019s complaint and left word that he would commit it to writing and forward it to Human Resources (\u201cHR\u201d) or the Office of Diversity and Equity (\u201cODE\u201d). Hlavac and Irving took written statements from plaintiff. Irving brought the statements to HR, which forwarded them to ODE. Irving had no further involvement with plaintiff\u2019s complaint after that, although he continued to email back and forth with her. On March 29, plaintiff withdrew from Chevan\u2019s classes. Documentation of Wyler\u2019s Statement, Pl.\u2019s Ex. 14 at 3 118-2 at 39); Letter from Selase W. Williams to Ernest Marquez, Pl.\u2019s Ex. 20 at 1 No. 118-3 at 22). She had no contact with him after April 4 other than through litigation. She requested and the University granted a tuition reimbursement for the two dropped courses. The courses and withdrawals were removed from her academic transcript. Following plaintiff\u2019s complaint, Ernest Marquez of conducted an investigation. Per University procedures and practice, then-President Battle did not appoint the investigator, monitor the investigation or exercise any oversight over it. Marquez stated in his deposition that he did not take any steps to investigate whether there had been prior complaints by students against Chevan. Dep. of Ernest Marquez, Pl.\u2019s Ex. 12 at 4 23 No. 118-2 at 25). Nor did provide Marquez with any file documents to review about Chevan. Id. at 24 No. 118-2 at 25). Marquez interviewed Chevan, who admitted to some but not all of the allegations. Marquez also interviewed plaintiff. Another student, Megan Coyne, accompanied plaintiff to her interview and handed Marquez a typed statement recounting an incident in which Chevan made suggestive remarks to her, touched her knee and held her hand. She made no oral statement to Marquez, explaining that she did not want to file a complaint of her own and that she was only there to support the plaintiff. Marquez completed his investigation on April 26. He issued a written report concluding that Chevan had violated the University\u2019s discrimination and sexual harassment prevention policy. That same day, Marquez sent plaintiff a letter informing her of his conclusions, his recommendation that take appropriate personnel action, and her right to obtain a copy of his investigation report from Diane Mazza, Labor Relations Specialist. He also sent copies to to aid in the determination of whether and to what degree disciplinary action would be taken, and to the Provost of the University, who was responsible for considering the proper academic remedy. Irving, who was not a member of ODE, was also informed of the findings. On April 27, plaintiff sent an email to Irving and Hlavac thanking them for their help and support. Later, in response to 5 her question about what it meant that Chevan would be penalized, Irving wrote: \u201cYes heard. Welcome to the world of academia! Penalize can mean anything from a slap on the wrist, to losing a week or a month of salary, to a suspension or even dismissal. Obviously the last two were not in the final decision. What you did took courage. In the end, this was what you must hold onto for your life will move well beyond the hallways of Southern.\u201d Email from Jonathan Irving to Wendy Wyler, Defs.\u2019 Ex. F-3 at 3 No. 107 at 98). Plaintiff replied that she was offended by the \u201cwelcome to the world of academia\u201d comment, to which Irving responded that she had misunderstood him, explaining could not agree with you more that if a teacher behaves irresponsibly or in a threatening way, then he or she should be handed a \u2018sentence\u2019 that reflects the severity of his or her behavior and actions.\u201d Id. at 1 No. 107 at 96). On April 28, Mazza provided plaintiff with the complete written investigation report. Mazza conducted a further investigation for the purpose of determining whether and what disciplinary action against Chevan would be appropriate in light of Marquez\u2019s findings. The investigation included interviews with plaintiff, Chevan, Irving and two music students, a call to the dean of arts and sciences, a review of Chevan\u2019s personnel files and ODE\u2019s past complaint files, and a meeting with the representatives of the professors\u2019 union. On the basis of her 6 investigation, Mazza determined that Chevan had no prior record of sexual harassment or discipline for any misconduct at SCSU, a finding that plaintiff disputes. Mazza made a recommendation to Bailey that Chevan be disciplined for his conduct. Mazza and Bailey discussed the possible appropriate disciplinary actions and began negotiations with union representatives of Chevan\u2019s collective bargaining unit, who were advocating for Chevan. Ultimately, Mazza recommended a settlement with the union that the union would not oppose or grieve: a one-week suspension without pay. The settlement also provided that the agreement would remain in Chevan\u2019s personnel file and would be removed after 24 months only if he did not engage in further conduct violating the University\u2019s discrimination and sexual harassment policy. Bailey approved the settlement, and the parties executed the settlement agreement on June 6, 2011, at which time Bailey advised Battle of the settlement. Irving, not a member of HR, played no part in deciding Chevan\u2019s discipline. Plaintiff continued her studies and graduated from in the spring of 2012.4 4 As the result of her graduation, any requests for declaratory or injunctive relief are moot. See Hayut v. State Univ. of New York, 127 F. Supp. 2d 333, 336 n.4 (2d Cir. 2000) (request for injunctive relief moot because plaintiff no longer a student at university); Alexander v. Yale Univ., 631 F.2d 178, 184 (2d Cir. 1980) (graduation renders moot plaintiffs\u2019 request for an order directing university to institute effective procedures for 7 II. Legal Standard Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment may be granted \u201cif the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact.\u201d The burden is on the moving party to establish that there are no genuine issues of material fact in dispute and that it is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Marvel Characters, Inc. v. Simon, 310 F.3d 280, 286 (2d Cir.2002 defendant's motion for summary judgment may be granted when the evidence in the record would not permit a jury to return a verdict in favor of the plaintiff. See Celotex Corp. v. Catrett, 477 U.S. 317, 322\u201323 (1986). In determining whether this standard is met, the court gives credence to any evidence favorable to the plaintiff. Evidence favorable to the defendant, on the other hand, is disregarded unless it is undisputed or comes from a neutral source and is uncontradicted and unimpeached. See Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 150\u201351 (2000) (discussing identical standard under Fed. R. Civ. P. 50). The party opposing summary receiving and adjudicating complaints of sexual harassment); Mennone v. Gordon, 889 F.Supp. 53, 60 (D. Conn. 1995) (plaintiff\u2019s request for declaratory judgment on Title and Fourteenth Amendment claim moot upon her graduation). 8 judgment, however, \u201cmay not rest upon mere conclusory allegations or denials, but must bring forward some affirmative indication that his version of relevant events is not fanciful.\u201d Podell v. Citicorp Diners Club, 112 F.3d 98, 101 (2d Cir. 1997). \u201cIf little or no evidence supports the non-moving party's case, there is no genuine issue of material fact and summary judgment may be appropriate.\u201d Gallo v. Prudential Residential Servs., Ltd. P'ship, 22 F.3d 1219, 1223\u201324 (2d Cir.1994). III. Discussion A. Title Claims - University Defendants Plaintiff asserts that the University Defendants violated Title by failing to address prior sexual harassment by Chevan and by demonstrating deliberate indifference to the sexual harassment she experienced. The University Defendants seek summary judgment on the ground that, as far as the evidence shows, no one at the University vested with the requisite authority to address the alleged harassment had actual knowledge of Chevan\u2019s conduct before plaintiff complained. They further argue that a jury would have to find that the University responded promptly and reasonably to plaintiff\u2019s complaint, precluding a finding of deliberate indifference agree. Title of the Education Amendments of 1972 provides, with certain exceptions not relevant here, that \u201c[n]o person in the United States shall, on the basis of sex, be excluded from 9 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 statute was enacted \u201cwith two principal objectives in mind: To avoid the use of federal resources to support discriminatory practices and to provide individual citizens effective protection against those practices.\u201d Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274, 286 (1998) (internal quotations omitted). To violate Title IX, discrimination must be \u201cso severe, pervasive, and objectively offensive that it can be said to deprive the victims of access to the educational opportunities or benefits provided by the school.\u201d Davis Next Friend LaShonda D. v. Monroe Cnty. Bd. of Educ., 526 U.S. 629, 650 (1999). Teacher-on-student hostile educational environment sexual harassment has been found to meet this standard. Hayut v. State University of New York, 352 F.3d 733, 750 (2d Cir. 2003). When, as here, a plaintiff does not challenge an official policy of the University, she cannot recover damages unless an official with authority to address the alleged harassment and institute corrective measures (1) had actual knowledge of harassment and (2) failed adequately to respond. Gebser, 524 U.S. at 290. Demonstrating failure to adequately respond requires evidence that the University either rendered no response at all or acted with deliberate indifference. Davis, 526 U.S. at 643 (explaining that Title 10 unquestionably places on schools a duty to not permit teacher- student harassment in its schools \u201cand recipients violate Title IX's plain terms when they remain deliberately indifferent to this form of misconduct\u201d). Deliberate indifference may be found if the response was \u201cclearly unreasonable in light of the known circumstances\u201d or \u201cremedial action only follow[ed] after a lengthy and unjustified delay.\u201d Hayut, 352 F.3d at 751. Because the University Defendants did not have actual knowledge of harassment by Chevan prior to his alleged harassment of plaintiff and did not demonstrate deliberate indifference in responding to her complaint, the motion for summary judgment is granted as to the Title claim. 1. Actual Knowledge of Prior Harassment Plaintiff asserts that the University Defendants are liable for damages under Title because University officials had prior knowledge of sexual harassment by Chevan, before his alleged harassment of her, and did nothing to address or remedy it. The Supreme Court in Gebser held that \u201ca damages remedy will not lie under Title unless an official who at a minimum has authority to address the alleged discrimination and to institute corrective measures on the recipient's behalf has actual knowledge of discrimination in the recipient's programs and fails adequately to respond.\u201d 524 U.S. at 290. Under this standard, the University must have had actual knowledge, which imposes a higher 11 evidentiary burden than constructive knowledge. Hayut, 352 F.3d at 750; see also Tyrrell v. Seaford Union Free Sch. Dist., 792 F. Supp. 2d 601, 624 (E.D.N.Y. 2011) (\u201cPlaintiff's argument that \u2018[t]he nature and pervasiveness of [the] harassment of [her] may be evidence from which actual notice could be inferred,\u2019 in essence, asks this Court to find that defendants had constructive notice of the harassment, which is insufficient to establish liability under Title IX.\u201d). Further, the prior harassment about which the University had knowledge must have been sufficiently similar to the harassment about which plaintiff complains. See, e.g., Bliss v. Putnam Valley Cent. School Dist., No. 7:06-cv- 15509(WWE), 2011 1079944, at *6 (S.D.N.Y. Mar. 24, 2011) (\u201c[T]he conduct that allegedly put the administration on notice and the conduct ultimately at issue in the litigation must be sufficiently similar to find liability.\u201d). Courts in this Circuit require that a school official \u201cpossessed enough knowledge of the harassment that he reasonably could have responded with remedial measures to address the kind of harassment upon which plaintiff\u2019s legal claim is based.\u201d Carabello v. New York City Dep\u2019t of Educ., 928 F. Supp. 2d 627, 638 (S.D.N.Y. 2013) (citing cases). The knowledge must be possessed by someone with authority to address the alleged discrimination and to take corrective measures. See Gebser, 524 U.S. at 290 (\u201cAn \u2018appropriate person\u2019 . . . is, at a minimum, an 12 official of the recipient entity with authority to take corrective action to end the discrimination.\u201d); Davis, 526 U.S. at 642-43 (\u201cThe high standard imposed in Gebser sought to eliminate any \u2018risk that the recipient would be liable in damages not for its own official decision but instead for its employees' independent actions.\u2019\u201d). None of the admissible evidence offered in support of plaintiff\u2019s claim would permit a jury to find that the University Defendants had actual knowledge of prior harassment by Chevan as required by this standard. Plaintiff relies on deposition testimony of Tilden Russell, former Chair of the Music Department. During his deposition, Russell explained that he was not surprised by plaintiff\u2019s allegations because, while Chair, he had \u201cintimations and secondhand reports . . . all secondhand or worse\u201d about sexual harassment by Chevan. Dep. of Tilden Russell, Pl.\u2019s Ex. 1 at 34 No. 118-1 at 4). He described a conversation he had in 1999 with a former student, Hillary Arcovitch Brentson, who told him \u201cabout [Chevan\u2019s] involvement with think \u2013 that he had sexually harassed two students think she also suggested that he had made advances to her at some point.\u201d Id. at 35 No. 118-1 at 4). About Brentson\u2019s own allegation, he stated: \u201c[w]ell, that got me thinking guess, that was the intimation followed it up tried \u2013 Hillary was not going to say anything to anybody.\u201d Id. at 36 No. 118-1 at 4). He did 13 not remember the names of the other two alleged victims, but remembered that he tried to talk to one of them about the alleged harassment remember speaking to her, speaking with her privately said tried to persuade her that if she had been involved in any sexual harassment, that she needed to talk to somebody in the university and make a complaint. She refused.\u201d Id. at 37 No. 118-1 at 5). Russell testified that this student did not tell him what happened and that neither he nor she mentioned Chevan\u2019s name. Id. As for the third alleged victim, Russell testified have no recollection of who that person was.\u201d Id. at 38 No. 118-1 at 5). In addition, Russell stated that \u201ca colleague, a teacher in a different department did ask me once if had heard of any cases of David being involved with sexual harassment. From which gathered that a student had made a complaint to her.\u201d Id. at 40 No. 118-1 at 5). This testimony, which describes unconfirmed rumors, intimations and Russell\u2019s own suspicions, is insufficient to permit a reasonable jury to find actual knowledge under the Gebser standard. See Romero v. City of New York, 839 F. Supp. 2d 588, 605 (E.D.N.Y. 2012) (testimony about rumors, without identifying those involved, absent supporting evidence in the record, and contrary to other testimony, is insufficient for a 14 reasonable jury to return a verdict for the plaintiff on the issue of actual knowledge).5 Brentson\u2019s own affidavit contradicts Russell\u2019s testimony about her complaint to him. Brentson avers that in 1999 she informed Russell and his wife \u201cthat David Chevan had hit on me after spending time in a recording studio located in a barn.\u201d Pl.\u2019s Ex. 4 at 1 No. 118-1 at 14). It is not clear from her affidavit whether she reported the incident to the Russells in the same detail with which she describes it in her affidavit, which states that Chevan followed her to a cemetery, kissed her against her will, described a past affair, and asked her for a letter recommending him for promotion. Id. She further alleges that Chevan \u201chit on her\u201d on a few other occasions and once asked her to have a child with him. Id. The affidavit is not explicit about whether the alleged harassment occurred while Brentson, who graduated in 1997, was still a student, or while she was babysitting for Chevan\u2019s children, which she did \u201cfor years.\u201d Id. at 2 No. 118-1 at 15). Brentson\u2019s affidavit includes a comment she wrote in September 2013 that \u201cChevan did it to me, too, about 17 years ago,\u201d id. at 1 No. 118-1 at 5 It is at best disputed that Russell and Irving, as chairs of the music department, had authority to take corrective action as required by Gebser. Even assuming the requisite authority, however, the evidence is insufficient to permit a reasonable juror to find that either had actual knowledge of harassment by Chevan prior to Wyler\u2019s complaint. 15 14), but that she \u201creported it to the chair at the time,\u201d presumably to Russell in 1999, id. at 2 No. 118-1 at 15). Regardless of whether Brentson was a student at the time of the harassment, however, she told Russell and his wife about the harassment two years after she graduated and in the context of her relationship with them as their babysitter, rather than as a student making an official complaint to the department chair. See id. at 1 No. 118-1 at 14 was a babysitter for Tilden and Dominique Russell when he was chairman of the music department informed Tilden and Dominique during a visit that David Chevan had hit on me . . . .\u201d); Dep. of Tilden Russell, Pl.\u2019s Ex. 1 at 38 No. 118-1 at 5) (\u201cMight have happened she had been babysitting one day, we came back, and she decided to gossip for a while; hang around and gossip.\u201d). Russell testified at his deposition that after his conversation with Brentson he attempted to follow up with another alleged victim to encourage her to file an official complaint; neither she nor Brentson did. On this record, a reasonable jury could not find that the University possessed sufficient knowledge such that it \u201creasonably could have responded with remedial measures to address the kind of harassment upon which plaintiff\u2019s legal claim is based.\u201d Carabello, 928 F. Supp. 2d at 638. Nor can the University be charged with actual notice of a substantial risk of serious harm to current students based on a complaint made 16 informally by a former student and unsubstantiated rumors of other instances of harassment. Id. at 638 (\u201cThe actual notice standard may be satisfied by knowledge of a \u2018substantial risk of serious harm\u2019 where there have been multiple prior allegations of the same or similar conduct that is at issue.\u201d). To prove the University had actual knowledge, plaintiff points to Brentson\u2019s statement that know at least one other person reported it to the University, but don\u2019t know her name.\u201d Pl.\u2019s Ex. 4 at 2 No. 118-1 at 15). This statement is in the nature of a rumor lacking specific or identifying information, which does not provide a basis for finding actual knowledge under Gebser. E.g., Romero, 839 F. Supp. 2d at 605-06 (\u201cMs. Doe has no personal knowledge regarding what, when, and under what circumstances an unidentified classmate told Ms. Mottola about the relationship. Rather, Ms. Doe only recounted rumors that she heard from other unidentified students. Accordingly, plaintiff has thus failed to present admissible evidence sufficient to establish a genuine dispute of fact as to . . . actual knowledge.\u201d). In the same category is a January 25, 2012 email from professor Heidi Lockwood, on which plaintiff relies. The email states that \u201c[t]hree colleagues have independently and unequivocally informed me that the faculty member named in the news reports (Chevan) is not the only person on campus who is known to be a \u2018serial\u2019 sexual harasser \u2013 i.e., not the only 17 person for whom there are multiple substantiated reports of sexual harassment violations by \u2018known and nameable\u2019 harassers, involving multiple members of the community.\u201d Pl.\u2019s Ex. 6 at 2 No. 118-1 at 21).6 Plaintiff further points to an \u201cIndex of Recommendations\u201d showing that in 1998 and 1999 Russell did not recommend Chevan for a promotion. Pl\u2019s Ex. 2 at 1 No. 118-1 at 10). This document, which nowhere mentions sexual harassment, does not permit a reasonable jury to find that Russell or any other University official had actual knowledge of harassment; indeed, Russell himself does not purport to have been aware of rumors of harassment by Chevan until 1999, after he first opted not to recommend a promotion. Dep. of Tilden Russell, Pl.\u2019s Ex. 1 at 35 No. 118-1 at 4 summary of student evaluations of Chevan from 1997, describing feedback that Chevan made \u201cinappropriate sexual remarks\u201d during class, Pl.\u2019s Ex. 11 at 1 No. 118-2 at 20), is similarly insufficient. Complaints of inappropriate sexual remarks made to the entire class are not sufficiently similar to the sexual harassment about which plaintiff complained 6 The deposition testimony of Professor Jason Smith that his ex- wife had been propositioned by Chevan is similarly insufficient to permit a reasonable jury to find actual knowledge; Smith does not allege that his ex-wife ever reported the incident to anyone at the University. Pl.\u2019s Ex. 21 at 12 No. 118-3 at 25 don\u2019t remember if she said anything don\u2019t believe honestly don\u2019t remember if she reported it officially to anyone . . . .\u201d). 18 for a reasonable jury to find actual knowledge of past harassment. E.g., Gebser, 524 U.S. at 291 (complaints about inappropriate comments during class \u201cplainly insufficient\u201d to alert principal to possibility that teacher was involved in a sexual relationship with a student). Finally, for reasons described in more detail in Part B, infra, plaintiff\u2019s reliance on evidence that Irving had knowledge of past harassment is unavailing. First, plaintiff points to Russell\u2019s testimony that Irving told him that he was aware of Chevan\u2019s history of sexual harassment and not surprised by it. Dep. of Tilden Russell, Pl.\u2019s Ex. 1 at 66-67 No. 118-1 at 7). The conversation described in Russell\u2019s deposition took place after plaintiff had already complained about Chevan\u2019s harassment of her and after an investigation had been initiated; thus, it is insufficient to permit a reasonable jury to find that Irving had knowledge of past incidents of harassment prior to plaintiff\u2019s own complaint.7 Plaintiff also offers Mazza\u2019s notes of a 2011 interview with Irving describing in Chevan a \u201cneed to share intimacy that is not appropriate,\u201d Diane Mazza\u2019s 7 Indeed Russell admitted this later in his deposition: Q: Jonathan Irving didn\u2019t tell you he knew about this before Wendy [Wyler] came forward, did he? [Objection don\u2019t believe so. Dep. of Tilden Russell, Defs.\u2019 Ex at 87 No. 122-1 at 26). 19 Investigation Notes, Pl.\u2019s Ex. 3 at 1 No. 118-1 at 12), as well as Irving\u2019s own contemporaneous notes of a January 2012 conversation with Chevan that contain strong language about Chevan. Pl.\u2019s Ex. 5 at 2 No. 118-1 at 18). These notes, however, describe inappropriate behavior by Chevan and Irving\u2019s own feelings of discomfort in vague terms, and would not permit a reasonable jury to find actual knowledge of prior sexual harassment sufficiently similar to that experienced by plaintiff. Cf. Carabello, 928 F. Supp. 2d at 639 (\u201cAlthough Knight\u2019s October 10, 2008 report mentions that B.P. \u2018has harassed certain female students in ways that are inappropriate, as well as discussing his \u2018virility\u2019 with women,\u2019 this statement does not indicate whether the prior harassment was physical or sexual in nature and, therefore, does not provide actual knowledge of behavior \u2018the kind in which plaintiff\u2019s legal claim is based.\u2019\u201d) (internal citation omitted). In the absence of evidence sufficient to establish that an official with authority at the University had actual knowledge of prior, sufficiently similar sexual harassment, the University cannot be liable under Title for its alleged failure to take appropriate action prior to the date of plaintiff\u2019s complaint. E.g., Tyrrell, 792 F. Supp. 2d at 624 (\u201cAbsent any evidence sufficient to establish that defendants had actual knowledge of 20 any such harassment, they cannot be liable under Title for their alleged deliberate indifference in responding to it.\u201d). 2. Deliberate Indifference to Plaintiff\u2019s Complaint Plaintiff alleges that the University demonstrated deliberate indifference to her own complaint of harassment by Chevan. In support of her assertion, she cites the discouragement she received when she initially tried to file a complaint and phone calls made to Battle\u2019s office that were never returned. She further asserts that the investigation into her complaint was \u201ccareless\u201d and that the discipline Chevan received - limited to a five-day retroactive pay suspension and lacking individual counseling about sexual harassment laws - was inadequate. As described above, plaintiff must show that the University\u2019s response to her complaint was \u201cclearly unreasonable in light of the known circumstances\u201d or that \u201cremedial action only follow[ed] after a lengthy and unjustified delay.\u201d Hayut, 352 F.3d at 751. \u201cTo show that a defendant was deliberately indifferent, a plaintiff must provide something more than a proffer indicating the ultimate inadequacy of preventative and curative measures. Rather, the measures taken must be so inadequate that a degree of discriminatory intent may be inferred.\u201d Carabello, 928 F. Supp. 2d at 641. Further, the deliberate indifference must subject plaintiff to harassment or 21 make her more vulnerable to it. Tyrrell, 792 F. Supp. 2d at 628.8 Viewing the record fully and most favorably to the plaintiff, a reasonable jury could not find that the University acted with deliberate indifference to her complaint. Plaintiff argues that a jury could find that the University demonstrated deliberate indifference because she was initially dissuaded by Paula Rice and Cathy Christy \u2013 a Title director at the University and the director of the University\u2019s Women\u2019s Center, respectively \u2013 from pursuing her complaint against Chevan. She testified during her deposition that when she approached Rice and Christy,9 she was told that there was \u201cnobody to take on [her] case,\u201d and that they later tried to discourage her from filing a complaint, telling her that there was nothing they could do and that \u201cit might be better if [she] just let it go.\u201d Dep. of Wendy Wyler, Pl.\u2019s Ex. 7 at 175-178 No. 118-1 at 35-36). Apparently, a staffing change at the time plaintiff sought to make her complaint contributed to a delay in initiating the investigation. Documentation of Wyler\u2019s Statement, Pl.\u2019s Ex. 8 Although plaintiff urges that the question of deliberate indifference is necessarily a jury question, the Supreme Court has made clear that \u201cin an appropriate case, there is no reason why courts, on a motion to dismiss, for summary judgment, or for a directed verdict, could not identify a response as not clearly unreasonable as a matter of law.\u201d Davis, 526 U.S. at 649. 9 On or around March 16, 2011, according to the documentation of her complaint to Irving. Pl.\u2019s Ex. 14 at 3 No. 118-2 at 39). 22 14 at 4 No. 118-2 at 40) (explaining that because Ms. Rice was moving to a different office, plaintiff would have to wait an extra one to two weeks for Marquez to handle her complaint). After plaintiff\u2019s therapist called Rice, a meeting with Marquez was scheduled for April 5. Id. On April 4, plaintiff complained directly to Irving; he called to confirm the meeting with Marquez and was told that it would be rescheduled for April 7. Id. Around this time, plaintiff and her mother also made calls to Battle\u2019s office, leaving voicemail messages and messages with his secretary that he never returned. Dep. of Wendy Wyler, Pl.\u2019s Ex. 7 at 176 No. 118-1 at 35). The discouragement and delay shown by the evidence is not sufficiently severe or pervasive in and of itself to constitute harassment or a hostile environment. Nor does plaintiff allege that any inaction by Christy, Rice or Battle subjected her to additional sexual harassment by Chevan. Instead, once plaintiff met with Irving and Hlavac, an official complaint was promptly filed, an investigation was initiated, action was taken to remediate any negative effects on plaintiff\u2019s transcript of her withdrawal from Chevan\u2019s classes, and, ultimately, Chevan was disciplined \u2013 albeit discipline that plaintiff challenges. In light of this, no reasonable jury could find based on plaintiff\u2019s allegations about Rice, Christy and Battle that the University Defendants acted with deliberate indifference in responding to 23 her complaint. Gebser, 524 U.S. at 290; see also Hayut, 352 F.3d at 752 (no deliberate indifference where the University, through the actions of its officials, acted expeditiously and reasonably in response to plaintiff\u2019s allegations). Plaintiff asserts that the investigation into her complaint was \u201ccareless;\u201d specifically, she appears to challenge Marquez\u2019s failure to take steps to investigate whether there had been earlier complaints from other students about harassment by Chevan. See Pl.\u2019s Rule 56(a)(2) Statement \u00b6 45 No. 118-4 at 10). As described above, however, plaintiff has not presented admissible evidence sufficient to charge the University with actual knowledge of harassment pre-dating her complaint. Marquez\u2019s investigation report acknowledges Coyne\u2019s statement describing a \u201csimilar pattern of behavior by Dr. Chevan.\u201d Pl.\u2019s Ex. 16 at 4 No. 118-3 at 5). Moreover, Mazza\u2019s follow-up investigation to determine disciplinary action included questions to Irving and two students about prior incidents of sexual harassment by Chevan. Aff. of Diane Mazza, Defs.\u2019 Ex \u00b6 9 No. 107 at 196). Further, Mazza avers in her affidavit that she attempted to follow up with Megan Coyne, but that Coyne did not answer or return her calls and thus Mazza was unable to confirm her allegations of harassment. Id. \u00b6 14 No. 107 at 196). Finally, plaintiff does not allege that any insufficiencies in the investigation led to further harassment by Chevan. No 24 reasonable jury could find deliberate indifference based on plaintiff\u2019s speculative assertion that additional investigatory steps might have changed the outcome of the investigation or disciplinary process in some way. See, e.g v. Somers Cent. Sch. Dist., 588 F. Supp. 2d 485, 497 (S.D.N.Y. 2008) aff'd, 348 F. App'x 697 (2d Cir. 2009) (\u201cGiven the undisputed facts that defendants engaged in some forms of investigation into the Cafeteria Incident, even though plaintiffs may have been dissatisfied with the outcome, and the fact that was never again subjected to harassment by or L, this Court finds that defendants' response was not so deliberately indifferent as to be clearly unreasonable.\u201d). Finally, plaintiff contends that a jury could find that the discipline Chevan received \u2013 a one-week pay suspension, imposed retroactively \u2013 was clearly unreasonable, particularly because Chevan has not been required to undergo additional sexual harassment counseling or training. See Dep. of David Chevan, Pl.\u2019s Ex. 10 at 52-53 No. 118-2 at 17).10 The deliberate indifference standard, however, is not an invitation for courts to second-guess disciplinary decisions. Plaintiff has no right to a particular remedy; instead, the University is entitled to 10 Plaintiff does not allege that this failure to provide additional training or counseling to Chevan subjected her to further harassment or made her more vulnerable to it; he was directed to have no further contact with her and, except as related to this litigation, no such contact has occurred. 25 latitude in determining what constitutes a reasonable response. See Davis, 526 U.S. at 648-49 (\u201cWe stress that our conclusion here\u2014that recipients may be liable for their deliberate indifference to known acts of peer sexual harassment\u2014does not mean that recipients can avoid liability only by purging their schools of actionable peer harassment or that administrators must engage in particular disciplinary action . . . . School administrators will continue to enjoy the flexibility they require. . . .\u201d). Here, the University promptly undertook to investigate what it believed to be the first official complaint of sexual harassment regarding Chevan. As a result of the investigation, Chevan was found to have violated the sexual harassment policy and discipline followed. No reasonable jury could find that the University\u2019s response to plaintiff\u2019s complaint was clearly unreasonable, and jurors should not be permitted to second-guess the disciplinary decision made in this case even though it falls well-short of plaintiff\u2019s desired outcome (termination of Chevan\u2019s employment). E.g., Brodsky ex rel. S.B. v. Trumbull Bd. of Educ., CIV. 3:06CV1947PCD, 2009 230708, at *8 (D. Conn. Jan. 30, 2009) (\u201cThe fact that Plaintiffs were not satisfied with the outcome of the investigation, which found the allegations of bullying unsubstantiated, or that the students who allegedly bullied S.B. were not punished as severely as Plaintiffs might have wished is not itself indicative of the 26 Board's deliberate indifference. . . . An aggrieved party is not entitled to the precise remedy that he or she would prefer.\u201d) (internal citation omitted); Soriano ex rel. Garcia v. Bd. of Educ. of City of New York, 01 4961(JG), 2004 2397610, at *4 (E.D.N.Y. Oct. 27, 2004) (\u201cWhile plaintiffs may have preferred a different response from the school administrators, the standard is not whether the administrators responded in a particular manner, but whether their response was clearly unreasonable in light of all the known circumstances.\u201d). B. Section 1983 Claims - Supervising Defendants Plaintiff claims that Supervising Defendants Battle and Irving violated the Equal Protection Clause of the Fourteenth Amendment because they failed to adequately address or remedy sexual harassment by Chevan, effectively condoning it, which led to a hostile educational environment for her. Battle and Irving respond that they cannot be held liable because they lacked notice, personal involvement, and authority to remedy the sexual harassment, because there was no intent to discriminate, and because they are entitled to qualified immunity agree. To survive a motion for summary judgment on her \u00a7 1983 claim for sexual harassment, plaintiff must proffer evidence that the defendants were acting \u201cunder color of state law\u201d at the time they committed the conduct complained of, and that their conduct deprived her of \u201crights, privileges or immunities secured by the 27 Constitution or laws of the United States.\u201d Hayut, 352 F.3d at 743-44. It is undisputed that Battle and Irving, as employees at a state university, were acting under color of state law at all times relevant to this action. As to the second requirement, plaintiff does not claim that Battle or Irving directly participated in any of Chevan\u2019s sexual harassment of her but rather that they are liable because of their inaction as supervisors. Under \u00a7 1983, a supervisor is not liable for a subordinate\u2019s wrongful conduct in violation of another\u2019s rights in the absence of personbal involvement on the part of the supervisor. Id. at 753. \u201cPersonal involvement is not limited to direct participation by the supervisor in the challenged conduct, but may also be established by evidence of an official\u2019s (1) failure to take corrective action after learning of a subordinate\u2019s unlawful conduct; (2) creation of a policy or custom fostering the unlawful conduct; (3) gross negligence in supervising subordinates who commit unlawful acts; or (4) deliberate indifference to the rights of others by failing to act on information regarding the unlawful conduct of subordinates.\u201d Id. Moreover, plaintiff must show an affirmative causal link between inaction by the supervisory defendant and her injury. Poe v. Leonard, 282 F.3d 123, 140 (2d Cir. 2002). The ultimate inquiry in establishing an Equal Protection Clause violation based on an administrator\u2019s response to harassment \u201cis one of 28 discriminatory purpose on the part of the defendant himself,\u201d which may be established by a showing \u201cthat the defendant\u2019s indifference was such that [he] intended the discrimination to occur.\u201d Gant ex rel. Gant v. Wallingford Bd. of Educ., 195 F.3d 134, 141 (2d Cir. 1999). The requisite deliberate indifference may be found \u201cwhen the defendant\u2019s response to known discrimination is clearly unreasonable in light of the known circumstances.\u201d Id. In this case, no reasonable jury could find that the Supervising Defendants are liable under this standard; accordingly, they are entitled to summary judgment. 1. Irving The crux of plaintiff\u2019s claim against Irving appears to be that he \u201cknew of prior instances of harassment by Chevan, but did nothing to prevent him from remaining [in] a position of authority[,] which allowed him to harass Wyler repeatedly in the Spring of 2011 and earlier.\u201d Pl.\u2019s Opp\u2019n to Mot. for Summary Judgment No. 118) at 26. Based on the summary judgment record, however, no reasonable jury could find that Irving had prior knowledge of past harassing conduct by Chevan. \u201cWhile the court must view the inferences to be drawn from the facts in the light most favorable to the party opposing the motion, a party may not rely on mere speculation or conjecture as to the true nature of the facts to overcome a motion for summary judgment.\u201d Lipton v. The Nature Company, 71 F.3d 464, 469 (2d 29 Cir. 1995). Instead, plaintiff must offer \u201cconcrete evidence from which a reasonable juror could return a verdict in [her] favor.\u201d Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256 (1986). To establish that Irving should have acted to prevent Chevan from harassing her before she complained to him on April 4, 2011, plaintiff must offer evidence permitting a reasonable inference that Irving had knowledge of sexual harassment by Chevan prior to that date. E.g., Gant, 195 F.3d at 143-44 (\u201cmere speculation\u201d about the timing of a statement made by a supervisor insufficient to support a reasonable finding of deliberate indifference; \u201c[i]f plaintiff sought to rely on the timing of the \u201cwe don't tell\u201d statement, he would be required to produce, in response to defendants' summary judgment motion, evidence sufficient for a jury to find that the statement was made after [defendant] learned of the February 26 . . . incident\u201d). Plaintiff does not have evidence from which a reasonable jury could infer that Irving had such knowledge. Plaintiff offers three pieces of evidence to support her claim. First, she cites Irving\u2019s contemporaneous notes of a January 2012 conversation he had with Chevan. In the notes, Irving refers to the \u201ccurrent\u201d situation, states that \u201cChevan exhibited same issue of power and control,\u201d and questions whether 30 Chevan is \u201cpathological.\u201d11 These comments, written nine months after plaintiff\u2019s complaint to Irving, are insufficiently concrete to permit a jury to infer that Irving had prior knowledge of harassment by Chevan, much less that he acquired such knowledge before April 2011. Plaintiff points to notes that Mazza took during the investigation in 2011, reflecting that Irving said that Chevan had a \u201cneed to share intimacy that is not appropriate.\u201d Diane Mazza\u2019s Investigation Notes, Pl.\u2019s Ex. 3 at 1 No. 118-1 at 12). The quoted comment does not support a reasonable inference that Irving knew about harassment by Chevan before plaintiff\u2019s complaint earlier that month. Finally, plaintiff cites the deposition of Tilden Russell, in which he testified that Irving indicated at some point after plaintiff\u2019s complaint that he was aware that Chevan had a history or reputation for harassing 11 The excerpt from Irving\u2019s notes on which plaintiff relies, in its entirety, is as follows: \u201cTrying to rope me in as being equally complicit in the current situation, as if we\u2019re equally responsible, equally guilty. Misery wants company (Jaye Bailey). Frightening feeling of being manipulated. Feeling of satisfaction of pushing back. Chevan exhibited same issue of power and control. Subtle and manipulative. Scary that he seemed to actually believe that even though a sentence was handed down resulting in a guilty verdict, he still feels that somehow his words had been twisted, and he did not do anything wrong. Scary. Delusional? Pathological?\u201d Jonathan Irving\u2019s Internal Notation of Incident with David Chevan, Pl.\u2019s Ex. 5 at 2 No. 118-1 at 18). 31 students.12 Even if this testimony, which appears to be speculation by Russell, were sufficient to reach a jury as to whether Irving had knowledge of Chevan\u2019s history of harassment at some point after plaintiff complained to him,13 it is 12 The relevant testimony is as follows: [In the context of \u201cconversations you had with Professor Irving that involved allegations against Chevan sexually harassing students\u201d]: Q: Did Professor Irving tell you that he was aware that Chevan had a history or reputation for harassing students? A: Yes. Q: When did he say that? A: Well, probably in one of these phone calls don\u2019t think was the first person to tell him that. When he \u2013 when we spoke on the phone this past year or so, you know told him what knew, which is more or less what I\u2019m telling you don\u2019t think any of that was news to him at the time. Q: He wasn\u2019t surprised when you conveyed that information? A: No wasn\u2019t surprised when he told me. He wasn\u2019t surprised when told him. Dep. of Tilden Russell, Pl.\u2019s Ex. 1 at 66-67 No. 118-1 at 7). [Later, on cross-examination]: Q: And you testified that David \u2013 I\u2019m sorry \u2013 that Jonathan Irving mentioned the name of another student who he believed to have been sexual harassed, Megan [Coyne], correct? A: Yes. Q: Jonathan Irving didn\u2019t tell you he knew about this before Wendy [Wyler] came forward, did he? [Objection don\u2019t believe so. Dep. of Tilden Russell, Defs.\u2019 Ex at 87 No. 122-1 at 26). 13 Indeed Irving\u2019s awareness of other incidents of alleged harassment based on plaintiff\u2019s complaint to him would appear to be undisputed. The written document that Irving submitted to indicates: \u201cMs. Wyler also stated that a recent encounter with another friend and Southern student . . . revealed that Ms had also incurred similar inappropriate behavior. . . . Ms. C. related that she knew of another Southern student who had also incurred similar inappropriate behavior from Dr. Chevan.\u201d Documentation of Wyler\u2019s Statement, Pl.\u2019s Ex. 14 at 3 118-2 at 39). 32 insufficient to support a reasonable inference that Irving had knowledge of sexual harassment by Chevan prior to his harassment of plaintiff. See Gant, 195 F.3d at 143-44. To the extent plaintiff also bases her claim against Irving on any alleged failure to take adequate action in response to her complaint, the claim is unavailing. It is undisputed that one day after plaintiff complained to Irving about Chevan\u2019s harassment, he notified the University\u2019s Human Resources Office and the Dean of Arts and Sciences and left word that he would commit the complaint to writing and forward it to or ODE. He and Hlavac took written statements from plaintiff and brought them to HR, which forwarded them to ODE. Irving, who is not a member of or ODE, had no further involvement with the investigation or Chevan\u2019s discipline. On April 27, 2011, plaintiff sent an email to Irving and Hlavac, thanking them for their help and support. Nowhere in her opposition to the motion for summary judgment does plaintiff suggest in anything other than conclusory terms that Irving could or should have acted any differently than he did in response to her complaint. Indeed, her only issue with his post-complaint conduct appears to be the \u201cwelcome to the world of academia\u201d comment in an email to her, which is an insufficient basis for a reasonable finding of deliberate indifference. See, e.g., Hayut, 352 F.3d at 754 (granting summary judgment as to \u00a7 1983 claim when \u201cthe response 33 of the individual defendants to [plaintiff\u2019s] allegations was timely and reasonable under the circumstances\u201d). Even if a jury could reasonably find that Irving\u2019s response to plaintiff\u2019s complaint was somehow insufficient, he is entitled to summary judgment based on qualified immunity. Under \u00a7 1983, a government official performing discretionary functions is immune from suit in his personal capacity except for conduct that violates clearly established law. An official violates clearly established law only when, \"at the time of the challenged conduct, 'the contours of a right are sufficiently clear' that every 'reasonable official would have understood that what he is doing violates that right.'\" Ashcroft v. al-Kidd, 131 S. Ct. 2074, 2083 (2011). Though the right to be free from sexual harassment is clearly established, a reasonable official in Irving\u2019s position could think that the steps he took to address plaintiff\u2019s complaint were legally sufficient. See Tyrrell, 792 F. Supp. 2d at 634 (\u201cEven assuming, arguendo, that defendants violated plaintiff's Fourteenth Amendment right to a free from discrimination and sexual harassment, that right was not clearly established at the time of their challenged conduct, i.e., it was objectively reasonable for defendants to believe at all relevant times that their conduct did not violate that right since, inter alia, they took immediate and appropriate steps to address and rectify the harassment of which they were aware.\u201d). 34 2. Battle Plaintiff asserts that Battle failed to take adequate action in response to her complaint about Chevan. She argues that a jury could reasonably infer deliberate indifference on his part because he avoided all phone calls from her and her mother regarding Chevan\u2019s sexual harassment14 and because he \u201caccepted\u201d the 5-day retroactive pay suspension disciplinary settlement. Viewing the record in a light most favorable to the plaintiff, a reasonable jury could not find that Battle demonstrated deliberate indifference. It is undisputed that pursuant to University procedures and practices, Battle, who was not a member of ODE, did not appoint the investigator responsible for addressing plaintiff\u2019s complaint, monitor the investigation, or exercise any oversight over it. He was not involved in the resulting findings, the discussions about appropriate discipline, or the negotiations with the union. His involvement in the process was limited to his \u201cacceptance\u201d of \u2013 or lack of objection to - the disciplinary 14 As described above, plaintiff stated during her deposition that her mother left numerous messages with Battle\u2019s secretary. In addition, an email plaintiff intended to send to Battle was inadvertently sent to Patrick Dilger, director of Public Affairs. Dilger forwarded the email to Jaye Bailey, who declined to forward it to Battle. Battle testified during his deposition that he did not recall any calls from plaintiff\u2019s mother, Dep. of Stanley Battle, Pl.\u2019s Ex. 22-23 No. 118-3 at 32), and plaintiff concedes that her mother left the messages with Battle\u2019s secretary and not with Battle himself. Dep. of Wendy Wyler, Pl.\u2019s Ex. 7 at 262-263 No. 118-1 at 37). 35 settlement. Jaye Bailey\u2019s sworn testimony states approved the settlement and advised Battle of the agreement.\u201d Dep. of Jaye Bailey, Defs.\u2019s Ex \u00b6 31 No. 107 at 35). Battle did not have to sign off on the agreement for it to go forward \u2013 and indeed he did not, see Mem. of Agreement, Defs.\u2019 Ex. L-2 No. 107 at 205) \u2013 although, in theory, he might have objected to it and directed Bailey and others to renegotiate Chevan\u2019s discipline. On this record, a jury could not find that Battle acted clearly unreasonably by failing to respond to phone messages. Plaintiff does not allege that his failure to respond hampered the investigation or affected its outcome. In the context of an ongoing investigation in which Battle had no involvement, per University policy, his failure to respond to phone calls from the complainant is insufficient to expose him to liability for an equal protection violation. Nor could a jury reasonably find that Battle acted clearly unreasonably by \u201caccepting\u201d the disciplinary settlement. As discussed above, the deliberate indifference standard is not an opportunity for jurors to second-guess the disciplinary decisions of University officials. Further, because Battle\u2019s approval was not required for the settlement to go forward, it cannot be said that his acquiescence caused plaintiff harm. See Bass v. Jackson, 790 F.2d 260, 263 (2d Cir. 1986) (for liability under \u00a7 36 1983, \u201c[a] plaintiff must thus allege a tangible connection between the acts of a defendant and the injuries suffered\u201d); see also Davis, 526 U.S. at 645 (\u201c[D]eliberate indifference must, at a minimum, cause students to undergo harassment or make them liable or vulnerable to it\u201d) (internal quotation marks and citations omitted). Moreover, Battle was not sufficiently involved in the disciplinary settlement that his failure to object (after the agreement had already been approved) could be found to demonstrate discriminatory purpose. Finally, even if a reasonable jury could find that Battle demonstrated the requisite deliberate indifference, he would be entitled to qualified immunity because it was objectively reasonable for him to believe that his conduct did not violate plaintiff\u2019s rights. See Tyrrell, 792 F. Supp. 2d at 634. IV. Conclusion Accordingly, the motion for summary judgment is hereby granted. So ordered this 30th day of March 2015. /s Robert N. Chatigny United States District Judge 37", "7563_106.pdf": "By Annie Rourke News 8 Jan 24, 2012 student claims sexual harrasment by prof -- Southern Connecticut State University is facing a lawsuit, after one student says the school failed to fire a professor who was sexually harassing her senior Wendy Wyler says it started with the professor calling her \"sexy\" and escalated from there. Music professor David Chevan is accused of inappropriate touching, making suggestive remarks, even offering to smoke pot with her and inviting her to his home saying his wife wasn't there. Wyler says the professor even led her into a storage room, stood in front of the door and propositioned her. \"This girl is somebody's daughter,\" said attorney Stephan Seeger. \"She went to get an education, she didn't go there to get harassed.\" Subscribe Sign in 2/16/25, 10:32 student claims sexual harrasment by prof 1/5 Seeger says Wyler was terrified and traumatized, but found enough courage to complain about it. News 8 is told that Southern investigated and found that Chevan did violate their policies, but beyond that there doesn't appear to have been any disciplinary action taken. Chevan remains on the faculty. More News Bridgeport businesses damaged in Madison Avenue fire, officials say Can Fairfield schools keep up with development? Its Board of Ed has concerns Democrat Rich Smith to challenge incumbent Tony Giannattasio for Milford mayor Architect said Trumbull's new senior center mirrors previous design Health district cites 7 Shelton eateries for serious violations in January \"It adds insult to injury that you make a complaint, there's a finding that there's sexual harassment, but nothing's done about it,\" said Seeger, \"and you're forced to wander around a campus and go back and forth to your classes through a student 2/16/25, 10:32 student claims sexual harrasment by prof 2/5 Jan 24, 2012 Annie Rourke News 8 center where you run into the same professor that has accosted you and that's a problem declined to comment, but Chevan's attorney told the Associated Press that anyone can make allegations in a lawsuit and nothing has been proven in a court of law. Wyler is asking for damages and that Chevan be fired from the university. Don't Miss 2/16/25, 10:32 student claims sexual harrasment by prof 3/5 Borges ballot: Was win at Creighton enough for UConn men? Do Huskies deserve to still be ranked? And what about Creighton UConn men's, women's basketball experience lows and highs this weekend UConn women's basketball win at South Carolina could change the season UConn women's basketball stuns reigning national champs South Carolina What Paige Bueckers said at half of UConn vs. South Carolina Let's Play Cross|word Typeshift SpellTower Flipart About Contact Top 2/16/25, 10:32 student claims sexual harrasment by prof 4/5 Services Account \u00a9 2025 Hearst Media Services Connecticut Terms of Use Privacy Notice Industry Opt Out Your Privacy Choices (Opt Out of Sale/Targeted Ads) 2/16/25, 10:32 student claims sexual harrasment by prof 5/5", "7563_107.pdf": "V. : Case No. 3:12cv97 This case is before the Court on plaintiff\u2019s application for a temporary restraining order (\u201cTRO\u201d)(doc. 2). For the reasons that follow, the application is denied. Plaintiff, a student at Southern Connecticut State University, alleges that between January and May 2011, she was sexually harassed by a member of the faculty, David Chevan. She brings this action against the University, Chevan and others claiming, among other things, that the University has violated Title of the Education Amendments of 1972, 20 U.S.C. \u00a7 1681 et seq. (\u201cTitle IX\u201d), by failing to discipline Chevan. She submits a report of the University\u2019s Office of Diversity and Equity Programs regarding its investigation of her complaint against him. The report, dated April 25, 2011, concludes that in March 2011, he engaged in conduct toward her constituting sexual harassment. Plaintiff seeks a temporary restraining order requiring the University to suspend Chevan from his position and barring him from being on campus while she is there may not be granted unless it is necessary to prevent irreparable harm. Citigroup Global Mkts., Inc. v Special Case 3:12-cv-00097 Document 11 Filed 01/24/12 Page 1 of 3 Opportunities Master Fund Ltd., 598 F.3d 30, 35 (2d Cir. 2010). Irreparable harm is \u201cinjury that is neither remote nor speculative, but actual and imminent and that cannot be remedied by an award of monetary damages.\u201d Rodriguez v. DeBuono, 162 F.3d 56, 61 (2d Cir. 1998)(internal quotation marks omitted). In addition, the applicant usually must show \u201ceither (1) likelihood of success on the merits or (2) sufficiently serious questions going to the merits to make them a fair ground for litigation and a balance of hardships tipping decidedly toward the party requesting the . . . relief.\u201d Citigroup Global Mkts., Inc., 598 F.3d at 35. \u201cWhile Rule 65 permits the grant of a temporary restraining order without notice, such an order, as is indicated by the very word \u2018restraining,\u2019 should issue only for the purpose of preserving the status quo and preventing irreparable harm and for just so long as is necessary to hold a hearing.\u201d Warner Bros. Inc. v. Dae Rim Trading, Inc., 877 F.2d 1120, 1124 (2d Cir. 1989). The requested in this case would dramatically alter the status quo. If the order were granted, Chevan would be suspended from his position and barred from the campus. Because the would alter the status quo in these significant respects, it cannot be issued unless the prerequisites to temporary injunctive relief are clearly satisfied. They are not. Plaintiff argues that violation of her right to an educational environment free of harassment constitutes irreparable harm. But she has not shown Case 3:12-cv-00097 Document 11 Filed 01/24/12 Page 2 of 3 that harassment is ongoing and thus has failed to demonstrate that the requested is necessary to prevent irreparable harm. In addition, plaintiff has not demonstrated that the is necessary to bring the University into compliance with Title IX. Title imposes liability on a university for failing to adequately respond to sexual harassment of a student by a professor if the university\u2019s response is clearly unreasonable in light of known circumstances. Papelino v. Albany Coll. of Pharmacy of Union Univ., 633 F.3d 81, 89 (2d Cir. 2011). Plaintiff cites no authority indicating that in the circumstances alleged here a university violates Title unless it suspends the professor and bars him from campus. Finally, assuming for present purposes that plaintiff\u2019s Title claim raises a fair ground for litigation, she has not demonstrated that the balance of hardships tips decidedly in her favor. She states, \u201cIf Defendant Chevan is permitted to remain on campus will continue to suffer academically, and will bear the fear of encountering him while on the property.\u201d Plaintiff\u2019s statement reflects legitimate concerns but is insufficient to sustain her burden of justifying the extraordinary she has requested. Accordingly, the application for a is hereby denied. So ordered this 23 day of January 2012. rd _________/s/ RNC____________ Robert N. Chatigny United States District Judge Case 3:12-cv-00097 Document 11 Filed 01/24/12 Page 3 of 3", "7563_108.pdf": "Tell SCSU: Stop Professor Chevan From Sexually Harassing More Students Started 21 August 2013 Petition to Rosa DeLauro (U.S. House of Representatives - Connecticut 3rd Congressional District) and 12 others Petition Closed This petition had 2,273 supporters Share this petition Why this petition matters Started by SurvJustice Petition details Comments 2/16/25, 10:32 Petition \u00b7 Tell SCSU: Stop Professor Chevan From Sexually Harassing More Students - New Haven, United States \u00b7 Change.org 1/4 Southern Connecticut State University (SCSU) has an obligation to keep its students safe from professors who sexually harass, so why are they keeping Professor David Chevan on staff? In 2011 found one of its music professors, David Chevan, in violation of its sexual harassment policy for verbally and physically sexually harassing a former student, Wendy Wyler. Watch news coverage here: But has not taken meaningful disciplinary action. This is alarming considering Professor Chevan propositioned Wendy in a storage room, not allowing her to leave: \u201cThere wasn\u2019t a single window, and when he shut the door behind him, everything about him changed wondered if anyone would hear me if screamed repeatedly told him no.\u201d Wendy was afraid for her safety because of the persistent sexual harassment of Professor Chevan. Not only that, but several other young women have since come forward to report similar behavior. So why is letting him teach again this Fall? Tell to stop Professor Chevan from sexually harassing more students. Sign this petition today to have him removed for violating the school\u2019s sexual harassment policy and to protect future students from sexual harassment and the risk of sexual violence! Read more about this case, here: claims-sexual-harrasment-by-prof-2682505.php This petition is supported by SurvJustice ( and - Promoting Awareness, Victim Empowerment ( Share this petition in person or use the code for your own material. Download Code Report a policy violation Decision-Makers Rosa DeLauro U.S. House of Representatives - Connecticut 3rd Congressional District Share this petition 2/16/25, 10:32 Petition \u00b7 Tell SCSU: Stop Professor Chevan From Sexually Harassing More Students - New Haven, United States \u00b7 Change.org 2/4 Connecticut Governor Richard Blumenthal U.S. Senate - Connecticut Mr. Russ Smith West Campus Housing Prof. Claire Novosad Psychology Department Chair See all Change.org Education Tell SCSU: Stop Professor Chevan From Sexually Harassing More Students Company About Impact Careers Team Community Blog Community Guidelines Support Help Guides Privacy Terms Cookie Policy Manage Cookies Connect Twitter Facebook 2/16/25, 10:32 Petition \u00b7 Tell SCSU: Stop Professor Chevan From Sexually Harassing More Students - New Haven, United States \u00b7 Change.org 3/4 English (United Kingdom) \u00a9 2025, Change.org This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2/16/25, 10:32 Petition \u00b7 Tell SCSU: Stop Professor Chevan From Sexually Harassing More Students - New Haven, United States \u00b7 Change.org 4/4", "7563_109.pdf": "From Casetext: Smarter Legal Research Wyler v. Conn. State Univ. Sys. United States District Court, D. Connecticut. Mar 30, 2015 100 F. Supp. 3d 182 (D. Conn. 2015) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free Case No. 3:12\u2013cv\u20130097 RNC. 03-30-2015 Wendy WYLER, Plaintiff, v UNIV. SYS., et al., Defendants. Jeffrey S. Bagnell, Scott R. Lucas, Lucas Bagnell Varga LLC, Southport, CT, for Plaintiff. Linsley J. Barbato, Attorney General's Office, Hartford, CT, for Defendants. Sign In Search all cases and statutes... Opinion Summaries Case details 2/16/25, 10:33 Wyler v. Conn. State Univ. Sys., 100 F. Supp. 3d 182 | Casetext Search + Citator 1/27 N. CHATIGNY, District Judge. *185 185 Jeffrey S. Bagnell, Scott R. Lucas, Lucas Bagnell Varga LLC, Southport, CT, for Plaintiff. Linsley J. Barbato, Attorney General's Office, Hartford, CT, for Defendants N. CHATIGNY, District Judge. Plaintiff Wendy Wyler, a former student at Southern Connecticut State University, brings this action against the Connecticut State University System, Southern Connecticut State University, former President of the University Stanley Battle and Chair of the Music Department Jonathan Irving, alleging violations of Title and, pursuant to 42 U.S.C. \u00a7 1983, violations of the Equal Protection Clause of the Fourteenth Amendment. The claims relate to sexual harassment by music professor David Chevan, formerly a defendant in this action. Specifically, plaintiff alleges: (1) Connecticut State University System and Southern Connecticut State University (the \u201cUniversity Defendants\u201d) violated Title by failing to take immediate, effective remedial steps to address sexual harassment by Chevan; and (2) defendants Battle and Irving (the \u201cSupervising Defendants\u201d) violated her rights under the Equal Protection Clause by exhibiting deliberate indifference to the sexual harassment and failing to adequately remedy the hostile educational environment it created. 1 1 Plaintiff and Chevan filed a stipulation of dismissal of the claims against him on August 30, 2013. See No. 86. Defendants have moved for summary judgment. They contend that the Title claim fails because the University Defendants had no notice of sexual harassment before plaintiff's complaint, conducted a prompt investigation, issued an investigation report and conveyed the results in a timely fashion, and took appropriate remedial action. Defendants further argue that the Equal Protection Clause claims fail because the Supervising Defendants 2/16/25, 10:33 Wyler v. Conn. State Univ. Sys., 100 F. Supp. 3d 182 | Casetext Search + Citator 2/27 were not personally involved in the sexual harassment, their conduct did not violate *186 the Fourteenth Amendment and they are shielded by the doctrine of qualified immunity. For reasons that follow, the motion for summary judgment No. 105] is granted and the case is dismissed. 186 I. Background The parties' Local 56(a) statements and supporting materials, viewed most favorably to the plaintiff, would permit a jury to find the following. In 2011, plaintiff Wendy Wyler was a student at Southern Connecticut State University, which is a state educational institution established by statute as part of the Connecticut State College and University System. Chevan was a professor in the University's music department, Irving was Chair of the music department and Battle was Interim President of the University. Plaintiff began attending classes taught by Chevan in 2009. She made no complaints to University officials about his comments or conduct at any time prior to the spring of 2011. She registered for two classes with him for the spring 2011 semester. That semester, Chevan made numerous inappropriate comments of a sexual nature to plaintiff. During one incident, he propositioned her in a music storage room while blocking her exit. 2 2 Unless cited otherwise, all statements of fact come from the parties' Rule 56 Statements.See Defs.' Rule 56(a)(1) Statement No. 108); Pl.'s Rule 56(a)(2) Statement No. 118\u20134). On or around March 16, 2011, plaintiff brought Chevan's conduct to the attention of University officials. She was discouraged from filing a complaint by one of the University's Title directors and the director of the University's Women's Center. At some point thereafter, plaintiff and her mother left several voicemail messages for Battle and messages with his secretary, none of which were returned. Dep. of Wendy Wyler, Pl.'s Ex. 7 at 176, 262\u2013263 No. 118\u20131 at 35, 37). On April 4, plaintiff reported to Irving and Professor Craig Hlavac that Chevan had sexually harassed her. The next day, Irving notified the University's Human Resources Office and the Dean of Arts and Sciences about plaintiff's complaint and left word that he would commit it to writing and forward it to Human Resources (\u201cHR\u201d) or the Office of Diversity and Equity (\u201cODE\u201d). Hlavac and Irving took written 3 2/16/25, 10:33 Wyler v. Conn. State Univ. Sys., 100 F. Supp. 3d 182 | Casetext Search + Citator 3/27 statements from plaintiff. Irving brought the statements to HR, which forwarded them to ODE. Irving had no further involvement with plaintiff's complaint after that, although he continued to email back and forth with her. 3 Sometime later, after the University investigation had been initiated, plaintiff attempted to send Battle an email through Patrick Dilger, whom she mistakenly thought was Battle's secretary. Dep. of Wendy Wyler, Pl.'s Ex. 7 at 262\u2013263 No. 118\u20131 at 37). Dilger forwarded the email to Jaye Bailey, then Associate Vice President of Human Relations and Labor Resources Director, who did not share it with Battle. On March 29, plaintiff withdrew from Chevan's classes. Documentation of Wyler's Statement, Pl.'s Ex. 14 at 3 118\u20132 at 39); Letter from Selase W. Williams to Ernest Marquez, Pl.'s Ex. 20 at 1 No. 118\u20133 at 22). She had no contact with him after April 4 other than through litigation. She requested and the University granted a tuition reimbursement for the two dropped courses. The courses and withdrawals were removed from her academic transcript. Following plaintiff's complaint, Ernest Marquez of conducted an investigation. Per University procedures and practice, then-President Battle did not appoint the investigator, monitor the investigation or exercise any oversight over it. Marquez stated in his deposition that he did not take any steps to investigate whether *187 there had been prior complaints by students against Chevan. Dep. of Ernest Marquez, Pl.'s Ex. 12 at 23 No. 118\u20132 at 25). Nor did provide Marquez with any file documents to review about Chevan. Id. at 24 No. 118\u20132 at 25). Marquez interviewed Chevan, who admitted to some but not all of the allegations. Marquez also interviewed plaintiff. Another student, Megan Coyne, accompanied plaintiff to her interview and handed Marquez a typed statement recounting an incident in which Chevan made suggestive remarks to her, touched her knee and held her hand. She made no oral statement to Marquez, explaining that she did not want to file a complaint of her own and that she was only there to support the plaintiff. 187 2/16/25, 10:33 Wyler v. Conn. State Univ. Sys., 100 F. Supp. 3d 182 | Casetext Search + Citator 4/27 Marquez completed his investigation on April 26. He issued a written report concluding that Chevan had violated the University's discrimination and sexual harassment prevention policy. That same day, Marquez sent plaintiff a letter informing her of his conclusions, his recommendation that take appropriate personnel action, and her right to obtain a copy of his investigation report from Diane Mazza, Labor Relations Specialist. He also sent copies to to aid in the determination of whether and to what degree disciplinary action would be taken, and to the Provost of the University, who was responsible for considering the proper academic remedy. Irving, who was not a member of ODE, was also informed of the findings. On April 27, plaintiff sent an email to Irving and Hlavac thanking them for their help and support. Later, in response to her question about what it meant that Chevan would be penalized, Irving wrote: \u201cYes heard. Welcome to the world of academia! Penalize can mean anything from a slap on the wrist, to losing a week or a month of salary, to a suspension or even dismissal. Obviously the last two were not in the final decision. What you did took courage. In the end, this was what you must hold onto for your life will move well beyond the hallways of Southern.\u201d Email from Jonathan Irving to Wendy Wyler, Defs.' Ex. F\u20133 at 3 No. 107 at 98). Plaintiff replied that she was offended by the \u201cwelcome to the world of academia\u201d comment, to which Irving responded that she had misunderstood him, explaining could not agree with you more that if a teacher behaves irresponsibly or in a threatening way, then he or she should be handed a \u2018sentence\u2019 that reflects the severity of his or her behavior and actions.\u201d Id. at 1 No. 107 at 96). On April 28, Mazza provided plaintiff with the complete written investigation report. Mazza conducted a further investigation for the purpose of determining whether and what disciplinary action against Chevan would be appropriate in light of Marquez's findings. The investigation included interviews with plaintiff, Chevan, Irving and two music students, a call to the dean of arts and sciences, a review of Chevan's personnel files and ODE's past complaint files, and a meeting with the representatives of the professors' union. On the basis of her investigation, Mazza determined that Chevan had no prior record of sexual harassment or discipline for any misconduct at SCSU, a finding that plaintiff disputes. 2/16/25, 10:33 Wyler v. Conn. State Univ. Sys., 100 F. Supp. 3d 182 | Casetext Search + Citator 5/27 Mazza made a recommendation to Bailey that Chevan be disciplined for his conduct. Mazza and Bailey discussed the possible appropriate disciplinary actions and began negotiations with union representatives of Chevan's collective bargaining unit, who were advocating for Chevan. Ultimately, Mazza recommended a settlement with the union that the union would not oppose or grieve: a one-week suspension without pay. The settlement also provided *188 that the agreement would remain in Chevan's personnel file and would be removed after 24 months only if he did not engage in further conduct violating the University's discrimination and sexual harassment policy. Bailey approved the settlement, and the parties executed the settlement agreement on June 6, 2011, at which time Bailey advised Battle of the settlement. Irving, not a member of HR, played no part in deciding Chevan's discipline. 188 Plaintiff continued her studies and graduated from in the spring of 2012.4 4 As the result of her graduation, any requests for declaratory or injunctive relief are moot. See Hayut v. State Univ. of New York, 127 F.Supp.2d 333, 336 n. 4 (2d Cir.2000) (request for injunctive relief moot because plaintiff no longer a student at university); Alexander v. Yale Univ., 631 F.2d 178, 184 (2d Cir.1980) (graduation renders moot plaintiffs' request for an order directing university to institute effective procedures for receiving and adjudicating complaints of sexual harassment); Mennone v. Gordon, 889 F.Supp. 53, 60 (D.Conn.1995) (plaintiff's request for declaratory judgment on Title and Fourteenth Amendment claim moot upon her graduation). II. Legal Standard Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment may be granted \u201cif the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact.\u201d The burden is on the moving party to establish that there are no genuine issues of material fact in dispute and that it is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c) ; Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) ; Marvel Characters, Inc. v. Simon, 310 F.3d 280, 286 (2d Cir.2002 defendant's 2/16/25, 10:33 Wyler v. Conn. State Univ. Sys., 100 F. Supp. 3d 182 | Casetext Search + Citator 6/27 motion for summary judgment may be granted when the evidence in the record would not permit a jury to return a verdict in favor of the plaintiff.See Celotex Corp. v. Catrett, 477 U.S. 317, 322\u201323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). In determining whether this standard is met, the court gives credence to any evidence favorable to the plaintiff. Evidence favorable to the defendant, on the other hand, is disregarded unless it is undisputed or comes from a neutral source and is uncontradicted and unimpeached. See Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 150\u201351, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000) (discussing identical standard under Fed.R.Civ.P. 50 ). The party opposing summary judgment, however, \u201cmay not rest upon mere conclusory allegations or denials, but must bring forward some affirmative indication that his version of relevant events is not fanciful.\u201d Podell v. Citicorp Diners Club, 112 F.3d 98, 101 (2d Cir.1997). \u201cIf little or no evidence supports the non-moving party's case, there is no genuine issue of material fact and summary judgment may be appropriate.\u201d Gallo v. Prudential Residential Servs., Ltd. P'ship, 22 F.3d 1219, 1223\u201324 (2d Cir.1994). III. Discussion A. Title Claims\u2014University Defendants Plaintiff asserts that the University Defendants violated Title by failing to address prior sexual harassment by Chevan and by demonstrating deliberate indifference to the sexual harassment she experienced. The University Defendants seek summary judgment on the ground that, as far as the evidence shows, no one at the University vested with the requisite authority to address the alleged harassment had actual knowledge of Chevan's conduct before plaintiff complained. They further argue that a jury would have to find that the University responded promptly and *189 reasonably to plaintiff's complaint, precluding a finding of deliberate indifference agree. 189 Title of the Education Amendments of 1972 provides, with certain exceptions not relevant here, that \u201c[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.\u201d 20 U.S.C. \u00a7 1681(a). The statute was enacted \u201cwith two principal objectives in mind: To avoid the use of federal resources to support discriminatory practices and to provide individual 2/16/25, 10:33 Wyler v. Conn. State Univ. Sys., 100 F. Supp. 3d 182 | Casetext Search + Citator 7/27 citizens effective protection against those practices.\u201d Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274, 286, 118 S.Ct. 1989, 141 L.Ed.2d 277 (1998) (internal quotations omitted). To violate Title IX, discrimination must be \u201cso severe, pervasive, and objectively offensive that it can be said to deprive the victims of access to the educational opportunities or benefits provided by the school.\u201d Davis Next Friend LaShonda D. v. Monroe Cnty. Bd. of Educ., 526 U.S. 629, 650, 119 S.Ct. 1661, 143 L.Ed.2d 839 (1999). Teacher-on-student hostile educational environment sexual harassment has been found to meet this standard. Hayut v. State University of New York, 352 F.3d 733, 750 (2d Cir.2003). When, as here, a plaintiff does not challenge an official policy of the University, she cannot recover damages unless an official with authority to address the alleged harassment and institute corrective measures (1) had actual knowledge of harassment and (2) failed adequately to respond. Gebser, 524 U.S. at 290, 118 S.Ct. 1989. Demonstrating failure to adequately respond requires evidence that the University either rendered no response at all or acted with deliberate indifference. Davis, 526 U.S. at 643, 119 S.Ct. 1661 (explaining that Title unquestionably places on schools a duty to not permit teacher-student harassment in its schools \u201cand recipients violate Title IX's plain terms when they remain deliberately indifferent to this form of misconduct\u201d). Deliberate indifference may be found if the response was \u201cclearly unreasonable in light of the known circumstances\u201d or \u201cremedial action only follow[ed] after a lengthy and unjustified delay.\u201d Hayut, 352 F.3d at 751. Because the University Defendants did not have actual knowledge of harassment by Chevan prior to his alleged harassment of plaintiff and did not demonstrate deliberate indifference in responding to her complaint, the motion for summary judgment is granted as to the Title claim. 1. Actual Knowledge of Prior Harassment Plaintiff asserts that the University Defendants are liable for damages under Title because University officials had prior knowledge of sexual harassment by Chevan, before his alleged harassment of her, and did nothing to address or remedy it. The Supreme Court in Gebser held that \u201ca damages remedy will not lie under Title unless an official who at a minimum has authority to address the alleged discrimination and to 2/16/25, 10:33 Wyler v. Conn. State Univ. Sys., 100 F. Supp. 3d 182 | Casetext Search + Citator 8/27 institute corrective measures on the recipient's behalf has actual knowledge of discrimination in the recipient's programs and fails adequately to respond.\u201d 524 U.S. at 290, 118 S.Ct. 1989. Under this standard, the University must have had actual knowledge, which imposes a higher evidentiary burden than constructive knowledge. Hayut, 352 F.3d at 750 ; see also Tyrrell v. Seaford Union Free Sch. Dist., 792 F.Supp.2d 601, 624 (E.D.N.Y.2011) (\u201cPlaintiff's argument that \u2018[t]he nature and pervasiveness of [the] harassment of [her] may be evidence from which actual notice could be inferred,\u2019 in essence, asks this Court to find that defendants had constructive notice of the *190 harassment, which is insufficient to establish liability under Title IX.\u201d). Further, the prior harassment about which the University had knowledge must have been sufficiently similar to the harassment about which plaintiff complains. See, e.g., Bliss v. Putnam Valley Cent. School Dist., No. 7:06\u2013cv\u201315509(WWE), 2011 1079944, at *6 (S.D.N.Y. Mar. 24, 2011) (\u201c[T]he conduct that allegedly put the administration on notice and the conduct ultimately at issue in the litigation must be sufficiently similar to find liability.\u201d). Courts in this Circuit require that a school official \u201cpossessed enough knowledge of the harassment that he reasonably could have responded with remedial measures to address the kind of harassment upon which plaintiff's legal claim is based.\u201d Carabello v. New York City Dep't of Educ., 928 F.Supp.2d 627, 638 (S.D.N.Y.2013) (citing cases). The knowledge must be possessed by someone with authority to address the alleged discrimination and to take corrective measures. See Gebser, 524 U.S. at 290, 118 S.Ct. 1989 (\u201cAn \u2018appropriate person\u2019 ... is, at a minimum, an official of the recipient entity with authority to take corrective action to end the discrimination.\u201d); Davis, 526 U.S. at 642\u201343, 119 S.Ct. 1661 (\u201cThe high standard imposed in Gebser sought to eliminate any \u2018risk that the recipient would be liable in damages not for its own official decision but instead for its employees' independent actions.\u2019 \u201d). None of the admissible evidence offered in support of plaintiff's claim would permit a jury to find that the University Defendants had actual knowledge of prior harassment by Chevan as required by this standard. 190 Plaintiff relies on deposition testimony of Tilden Russell, former Chair of the Music Department. During his deposition, Russell explained that he was not surprised by plaintiff's allegations because, while Chair, he had 2/16/25, 10:33 Wyler v. Conn. State Univ. Sys., 100 F. Supp. 3d 182 | Casetext Search + Citator 9/27 \u201cintimations and secondhand reports ... all secondhand or worse\u201d about sexual harassment by Chevan. Dep. of Tilden Russell, Pl.'s Ex. 1 at 34 No. 118\u20131 at 4). He described a conversation he had in 1999 with a former student, Hillary Arcovitch Brentson, who told him \u201cabout [Chevan's] involvement with think\u2014that he had sexually harassed two students think she also suggested that he had made advances to her at some point.\u201d Id. at 35 No. 118\u20131 at 4). About Brentson's own allegation, he stated: \u201c[w]ell, that got me thinking guess, that was the intimation followed it up tried\u2014Hillary was not going to say anything to anybody.\u201d Id. at 36 No. 118\u20131 at 4). He did not remember the names of the other two alleged victims, but remembered that he tried to talk to one of them about the alleged harassment remember speaking to her, speaking with her privately said tried to persuade her that if she had been involved in any sexual harassment, that she needed to talk to somebody in the university and make a complaint. She refused.\u201d Id. at 37 No. 118\u20131 at 5). Russell testified that this student did not tell him what happened and that neither he nor she mentioned Chevan's name. Id. As for the third alleged victim, Russell testified have no recollection of who that person was.\u201d Id. at 38 No. 118\u20131 at 5). In addition, Russell stated that \u201ca colleague, a teacher in a different department did ask me once if had heard of any cases of David being involved with sexual harassment. From which gathered that a student had made a complaint to her.\u201d Id. at 40 No. 118\u20131 at 5). This testimony, which describes unconfirmed rumors, intimations and Russell's own suspicions, is insufficient to permit a reasonable jury to find actual knowledge under the Gebser standard. See Romero v. City of New York, 839 F.Supp.2d 588, 605 (E.D.N.Y.2012) (testimony about rumors, without identifying those involved, absent supporting evidence *191 in the record, and contrary to other testimony, is insufficient for a reasonable jury to return a verdict for the plaintiff on the issue of actual knowledge). 191 5 5 It is at best disputed that Russell and Irving, as chairs of the music department, had authority to take corrective action as required by Gebser. Even assuming the requisite authority, however, the evidence is insufficient to permit a reasonable juror to find that either had actual knowledge of harassment by Chevan prior to Wyler's complaint. 2/16/25, 10:33 Wyler v. Conn. State Univ. Sys., 100 F. Supp. 3d 182 | Casetext Search + Citator 10/27 Brentson's own affidavit contradicts Russell's testimony about her complaint to him. Brentson avers that in 1999 she informed Russell and his wife \u201cthat David Chevan had hit on me after spending time in a recording studio located in a barn.\u201d Pl.'s Ex. 4 at 1 No. 118\u20131 at 14). It is not clear from her affidavit whether she reported the incident to the Russells in the same detail with which she describes it in her affidavit, which states that Chevan followed her to a cemetery, kissed her against her will, described a past affair, and asked her for a letter recommending him for promotion. Id. She further alleges that Chevan \u201chit on her\u201d on a few other occasions and once asked her to have a child with him. Id. The affidavit is not explicit about whether the alleged harassment occurred while Brentson, who graduated in 1997, was still a student, or while she was babysitting for Chevan's children, which she did \u201cfor years.\u201d Id. at 2 No. 118\u20131 at 15). Brentson's affidavit includes a comment she wrote in September 2013 that \u201cChevan did it to me, too, about 17 years ago,\u201d id. at 1 No. 118\u20131 at 14), but that she \u201creported it to the chair at the time,\u201d presumably to Russell in 1999, id. at 2 No. 118\u20131 at 15). Regardless of whether Brentson was a student at the time of the harassment, however, she told Russell and his wife about the harassment two years after she graduated and in the context of her relationship with them as their babysitter, rather than as a student making an official complaint to the department chair. See id. at 1 No. 118\u20131 at 14 was a babysitter for Tilden and Dominique Russell when he was chairman of the music department informed Tilden and Dominique during a visit that David Chevan had hit on me....\u201d); Dep. of Tilden Russell, Pl.'s Ex. 1 at 38 No. 118\u20131 at 5) (\u201cMight have happened she had been babysitting one day, we came back, and she decided to gossip for a while; hang around and gossip.\u201d). Russell testified at his deposition that after his conversation with Brentson he attempted to follow up with another alleged victim to encourage her to file an official complaint; neither she nor Brentson did. On this record, a reasonable jury could not find that the University possessed sufficient knowledge such that it \u201creasonably could have responded with remedial measures to address the kind of harassment upon which plaintiff's legal claim is based.\u201d Carabello, 928 F.Supp.2d at 638. Nor can the University be charged with actual notice of a substantial risk of serious harm to current students based on a complaint made informally by a former student and unsubstantiated rumors of other instances of harassment. Id. at 638 (\u201cThe 2/16/25, 10:33 Wyler v. Conn. State Univ. Sys., 100 F. Supp. 3d 182 | Casetext Search + Citator 11/27 actual notice standard may be satisfied by knowledge of a \u2018substantial risk of serious harm\u2019 where there have been multiple prior allegations of the same or similar conduct that is at issue.\u201d). To prove the University had actual knowledge, plaintiff points to Brentson's statement that know at least one other person reported it to the University, but don't know her name.\u201d Pl.'s Ex. 4 at 2 No. 118\u20131 at 15). This statement is in the nature of a rumor lacking specific or identifying information, which does not provide a basis for finding actual knowledge under Gebser. E.g., *192 Romero, 839 F.Supp.2d at 605\u201306 (\u201cMs. Doe has no personal knowledge regarding what, when, and under what circumstances an unidentified classmate told Ms. Mottola about the relationship. Rather, Ms. Doe only recounted rumors that she heard from other unidentified students. Accordingly, plaintiff has thus failed to present admissible evidence sufficient to establish a genuine dispute of fact as to ... actual knowledge.\u201d). In the same category is a January 25, 2012 email from professor Heidi Lockwood, on which plaintiff relies. The email states that \u201c[t]hree colleagues have independently and unequivocally informed me that the faculty member named in the news reports (Chevan) is not the only person on campus who is known to be a \u2018serial\u2019 sexual harasser\u2014i.e., not the only person for whom there are multiple substantiated reports of sexual harassment violations by \u2018known and nameable\u2019 harassers, involving multiple members of the community.\u201d Pl.'s Ex. 6 at 2 No. 118\u20131 at 21). 192 6 6 The deposition testimony of Professor Jason Smith that his ex-wife had been propositioned by Chevan is similarly insufficient to permit a reasonable jury to find actual knowledge; Smith does not allege that his ex- wife ever reported the incident to anyone at the University. Pl.'s Ex. 21 at 12 No. 118\u20133 at 25 don't remember if she said anything don't believe honestly don't remember if she reported it officially to anyone....\u201d). Plaintiff further points to an \u201cIndex of Recommendations\u201d showing that in 1998 and 1999 Russell did not recommend Chevan for a promotion. Pl's Ex. 2 at 1 No. 118\u20131 at 10). This document, which nowhere mentions sexual harassment, does not permit a reasonable jury to find that Russell or any other University official had actual knowledge of harassment; indeed, 2/16/25, 10:33 Wyler v. Conn. State Univ. Sys., 100 F. Supp. 3d 182 | Casetext Search + Citator 12/27 Russell himself does not purport to have been aware of rumors of harassment by Chevan until 1999, after he first opted not to recommend a promotion. Dep. of Tilden Russell, Pl.'s Ex. 1 at 35 No. 118\u20131 at 4 summary of student evaluations of Chevan from 1997, describing feedback that Chevan made \u201cinappropriate sexual remarks\u201d during class, Pl.'s Ex. 11 at 1 No. 118\u20132 at 20), is similarly insufficient. Complaints of inappropriate sexual remarks made to the entire class are not sufficiently similar to the sexual harassment about which plaintiff complained for a reasonable jury to find actual knowledge of past harassment. E.g., Gebser, 524 U.S. at 291, 118 S.Ct. 1989 (complaints about inappropriate comments during class \u201cplainly insufficient\u201d to alert principal to possibility that teacher was involved in a sexual relationship with a student). Finally, for reasons described in more detail in Part B, infra, plaintiff's reliance on evidence that Irving had knowledge of past harassment is unavailing. First, plaintiff points to Russell's testimony that Irving told him that he was aware of Chevan's history of sexual harassment and not surprised by it. Dep. of Tilden Russell, Pl.'s Ex. 1 at 66\u201367 No. 118\u20131 at 7). The conversation described in Russell's deposition took place after plaintiff had already complained about Chevan's harassment of her and after an investigation had been initiated; thus, it is insufficient to permit a reasonable jury to find that Irving had knowledge of past incidents of harassment prior to plaintiff's own complaint. Plaintiff also offers Mazza's notes of a 2011 interview with Irving describing *193 in Chevan a \u201cneed to share intimacy that is not appropriate,\u201d Diane Mazza's Investigation Notes, Pl.'s Ex. 3 at 1 No. 118\u20131 at 12), as well as Irving's own contemporaneous notes of a January 2012 conversation with Chevan that contain strong language about Chevan. Pl.'s Ex. 5 at 2 No. 118\u20131 at 18). These notes, however, describe inappropriate behavior by Chevan and Irving's own feelings of discomfort in vague terms, and would not permit a reasonable jury to find actual knowledge of prior sexual harassment sufficiently similar to that experienced by plaintiff. Cf. Carabello, 928 F.Supp.2d at 639 (\u201cAlthough Knight's October 10, 2008 report mentions that B.P. \u2018has harassed certain female students in ways that are inappropriate, as well as discussing his \u2018virility\u2019 with women,' this statement does not indicate whether the prior harassment was physical or sexual in nature and, 7 193 2/16/25, 10:33 Wyler v. Conn. State Univ. Sys., 100 F. Supp. 3d 182 | Casetext Search + Citator 13/27 therefore, does not provide actual knowledge of behavior \u2018the kind in which plaintiff's legal claim is based.\u2019 \u201d) (internal citation omitted). 7 Indeed Russell admitted this later in his deposition: Q: Jonathan Irving didn't tell you he knew about this before Wendy [Wyler] came forward, did he? [Objection don't believe so. Dep. of Tilden Russell, Defs.' Ex at 87 No. 122\u20131 at 26). In the absence of evidence sufficient to establish that an official with authority at the University had actual knowledge of prior, sufficiently similar sexual harassment, the University cannot be liable under Title for its alleged failure to take appropriate action prior to the date of plaintiff's complaint. E.g., Tyrrell, 792 F.Supp.2d at 624 (\u201cAbsent any evidence sufficient to establish that defendants had actual knowledge of any such harassment, they cannot be liable under Title for their alleged deliberate indifference in responding to it.\u201d). 2. Deliberate Indifference to Plaintiff's Complaint Plaintiff alleges that the University demonstrated deliberate indifference to her own complaint of harassment by Chevan. In support of her assertion, she cites the discouragement she received when she initially tried to file a complaint and phone calls made to Battle's office that were never returned. She further asserts that the investigation into her complaint was \u201ccareless\u201d 2/16/25, 10:33 Wyler v. Conn. State Univ. Sys., 100 F. Supp. 3d 182 | Casetext Search + Citator 14/27 and that the discipline Chevan received\u2014limited to a five-day retroactive pay suspension and lacking individual counseling about sexual harassment laws\u2014was inadequate. As described above, plaintiff must show that the University's response to her complaint was \u201cclearly unreasonable in light of the known circumstances\u201d or that \u201cremedial action only follow[ed] after a lengthy and unjustified delay.\u201d Hayut, 352 F.3d at 751. \u201cTo show that a defendant was deliberately indifferent, a plaintiff must provide something more than a proffer indicating the ultimate inadequacy of preventative and curative measures. Rather, the measures taken must be so inadequate that a degree of discriminatory intent may be inferred.\u201d Carabello, 928 F.Supp.2d at 641. Further, the deliberate indifference must subject plaintiff to harassment or make her more vulnerable to it. Tyrrell, 792 F.Supp.2d at 628. Viewing the record fully and most favorably to the plaintiff, a reasonable jury could not find that the University acted with deliberate indifference to her complaint. 8 8 Although plaintiff urges that the question of deliberate indifference is necessarily a jury question, the Supreme Court has made clear that \u201cin an appropriate case, there is no reason why courts, on a motion to dismiss, for summary judgment, or for a directed verdict, could not identify a response as not clearly unreasonable as a matter of law.\u201d Davis, 526 U.S. at 649, 119 S.Ct. 1661. Plaintiff argues that a jury could find that the University demonstrated deliberate indifference because she was initially *194 dissuaded by Paula Rice and Cathy Christy\u2014a Title director at the University and the director of the University's Women's Center, respectively\u2014from pursuing her complaint against Chevan. She testified during her deposition that when she approached Rice and Christy, she was told that there was \u201cnobody to take on [her] case,\u201d and that they later tried to discourage her from filing a complaint, telling her that there was nothing they could do and that \u201cit might be better if [she] just let it go.\u201d Dep. of Wendy Wyler, Pl.'s Ex. 7 at 175\u2013178 No. 118\u20131 at 35\u201336). Apparently, a staffing change at the time plaintiff sought to make her complaint contributed to a delay in initiating the investigation. Documentation of Wyler's Statement, Pl.'s Ex. 14 at 4 No. 118\u20132 at 40) (explaining that because Ms. Rice was moving to a 194 9 2/16/25, 10:33 Wyler v. Conn. State Univ. Sys., 100 F. Supp. 3d 182 | Casetext Search + Citator 15/27 different office, plaintiff would have to wait an extra one to two weeks for Marquez to handle her complaint). After plaintiff's therapist called Rice, a meeting with Marquez was scheduled for April 5. Id. On April 4, plaintiff complained directly to Irving; he called to confirm the meeting with Marquez and was told that it would be rescheduled for April 7. Id. Around this time, plaintiff and her mother also made calls to Battle's office, leaving voicemail messages and messages with his secretary that he never returned. Dep. of Wendy Wyler, Pl.'s Ex. 7 at 176 No. 118\u20131 at 35). 9 On or around March 16, 2011, according to the documentation of her complaint to Irving. Pl.'s Ex. 14 at 3 No. 118\u20132 at 39). The discouragement and delay shown by the evidence is not sufficiently severe or pervasive in and of itself to constitute harassment or a hostile environment. Nor does plaintiff allege that any inaction by Christy, Rice or Battle subjected her to additional sexual harassment by Chevan. Instead, once plaintiff met with Irving and Hlavac, an official complaint was promptly filed, an investigation was initiated, action was taken to remediate any negative effects on plaintiff's transcript of her withdrawal from Chevan's classes, and, ultimately, Chevan was disciplined\u2014albeit discipline that plaintiff challenges. In light of this, no reasonable jury could find based on plaintiff's allegations about Rice, Christy and Battle that the University Defendants acted with deliberate indifference in responding to her complaint. Gebser, 524 U.S. at 290, 118 S.Ct. 1989 ; see also Hayut, 352 F.3d at 752 (no deliberate indifference where the University, through the actions of its officials, acted expeditiously and reasonably in response to plaintiff's allegations). Plaintiff asserts that the investigation into her complaint was \u201ccareless;\u201d specifically, she appears to challenge Marquez's failure to take steps to investigate whether there had been earlier complaints from other students about harassment by Chevan. See Pl.'s Rule 56(a)(2) Statement \u00b6 45 No. 118\u20134 at 10). As described above, however, plaintiff has not presented admissible evidence sufficient to charge the University with actual knowledge of harassment pre-dating her complaint. Marquez's investigation report acknowledges Coyne's statement describing a \u201csimilar pattern of 2/16/25, 10:33 Wyler v. Conn. State Univ. Sys., 100 F. Supp. 3d 182 | Casetext Search + Citator 16/27 behavior by Dr. Chevan.\u201d Pl.'s Ex. 16 at 4 No. 118\u20133 at 5). Moreover, Mazza's follow-up investigation to determine disciplinary action included questions to Irving and two students about prior incidents of sexual harassment by Chevan. Aff. of Diane Mazza, Defs.' Ex \u00b6 9 No. 107 at 196). Further, Mazza avers in her affidavit that she attempted to follow up with Megan Coyne, but that Coyne did not answer or return her calls and thus Mazza *195 was unable to confirm her allegations of harassment. Id. \u00b6 14 No. 107 at 196). Finally, plaintiff does not allege that any insufficiencies in the investigation led to further harassment by Chevan. No reasonable jury could find deliberate indifference based on plaintiff's speculative assertion that additional investigatory steps might have changed the outcome of the investigation or disciplinary process in some way. See, e.g v. Somers Cent. Sch. Dist., 588 F.Supp.2d 485, 497 (S.D.N.Y.2008)aff'd, 348 Fed.Appx. 697 (2d Cir.2009) (\u201cGiven the undisputed facts that defendants engaged in some forms of investigation into the Cafeteria Incident, even though plaintiffs may have been dissatisfied with the outcome, and the fact that was never again subjected to harassment by or L, this Court finds that defendants' response was not so deliberately indifferent as to be clearly unreasonable.\u201d). 195 Finally, plaintiff contends that a jury could find that the discipline Chevan received\u2014a one-week pay suspension, imposed retroactively\u2014was clearly unreasonable, particularly because Chevan has not been required to undergo additional sexual harassment counseling or training. See Dep. of David Chevan, Pl.'s Ex. 10 at 52\u201353 No. 118\u20132 at 17). The deliberate indifference standard, however, is not an invitation for courts to second- guess disciplinary decisions. Plaintiff has no right to a particular remedy; instead, the University is entitled to latitude in determining what constitutes a reasonable response. See Davis, 526 U.S. at 648\u201349, 119 S.Ct. 1661 (\u201cWe stress that our conclusion here\u2014that recipients may be liable for their deliberate indifference to known acts of peer sexual harassment\u2014does not mean that recipients can avoid liability only by purging their schools of actionable peer harassment or that administrators must engage in particular disciplinary action.... School administrators will continue to enjoy the flexibility they require....\u201d). Here, the University promptly undertook to investigate what it believed to be the first official complaint of sexual 10 2/16/25, 10:33 Wyler v. Conn. State Univ. Sys., 100 F. Supp. 3d 182 | Casetext Search + Citator 17/27 harassment regarding Chevan. As a result of the investigation, Chevan was found to have violated the sexual harassment policy and discipline followed. No reasonable jury could find that the University's response to plaintiff's complaint was clearly unreasonable, and jurors should not be permitted to second-guess the disciplinary decision made in this case even though it falls well-short of plaintiff's desired outcome (termination of Chevan's employment). E.g., Brodsky ex rel. S.B. v. Trumbull Bd. of Educ., CIV. 3:06CV1947PCD, 2009 230708, at *8 (D.Conn. Jan. 30, 2009) (\u201cThe fact that Plaintiffs were not satisfied with the outcome of the investigation, which found the allegations of bullying unsubstantiated, or that the students who allegedly bullied S.B. were not punished as severely as Plaintiffs might have wished is not itself indicative of the Board's deliberate indifference.... An aggrieved party is not entitled to the precise remedy that he or she would prefer.\u201d) (internal citation omitted); Soriano ex rel. Garcia v. Bd. of Educ. of City of New York, 01 4961(JG), 2004 2397610, at *4 (E.D.N.Y. Oct. 27, 2004) (\u201cWhile plaintiffs may have preferred a different response from the school administrators, the standard is not whether the administrators responded in a particular manner, but whether their response *196 was clearly unreasonable in light of all the known circumstances.\u201d). 196 10 Plaintiff does not allege that this failure to provide additional training or counseling to Chevan subjected her to further harassment or made her more vulnerable to it; he was directed to have no further contact with her and, except as related to this litigation, no such contact has occurred. B. Section 1983 Claims\u2014Supervising Defendants Plaintiff claims that Supervising Defendants Battle and Irving violated the Equal Protection Clause of the Fourteenth Amendment because they failed to adequately address or remedy sexual harassment by Chevan, effectively condoning it, which led to a hostile educational environment for her. Battle and Irving respond that they cannot be held liable because they lacked notice, personal involvement, and authority to remedy the sexual harassment, because there was no intent to discriminate, and because they are entitled to qualified immunity agree. 2/16/25, 10:33 Wyler v. Conn. State Univ. Sys., 100 F. Supp. 3d 182 | Casetext Search + Citator 18/27 To survive a motion for summary judgment on her \u00a7 1983 claim for sexual harassment, plaintiff must proffer evidence that the defendants were acting \u201cunder color of state law\u201d at the time they committed the conduct complained of, and that their conduct deprived her of \u201crights, privileges or immunities secured by the Constitution or laws of the United States.\u201d Hayut, 352 F.3d at 743\u201344. It is undisputed that Battle and Irving, as employees at a state university, were acting under color of state law at all times relevant to this action. As to the second requirement, plaintiff does not claim that Battle or Irving directly participated in any of Chevan's sexual harassment of her but rather that they are liable because of their inaction as supervisors. Under \u00a7 1983, a supervisor is not liable for a subordinate's wrongful conduct in violation of another's rights in the absence of personal involvement on the part of the supervisor. Id. at 753. \u201cPersonal involvement is not limited to direct participation by the supervisor in the challenged conduct, but may also be established by evidence of an official's (1) failure to take corrective action after learning of a subordinate's unlawful conduct; (2) creation of a policy or custom fostering the unlawful conduct; (3) gross negligence in supervising subordinates who commit unlawful acts; or (4) deliberate indifference to the rights of others by failing to act on information regarding the unlawful conduct of subordinates.\u201d Id. Moreover, plaintiff must show an affirmative causal link between inaction by the supervisory defendant and her injury. Poe v. Leonard, 282 F.3d 123, 140 (2d Cir.2002). The ultimate inquiry in establishing an Equal Protection Clause violation based on an administrator's response to harassment \u201cis one of discriminatory purpose on the part of the defendant himself,\u201d which may be established by a showing \u201cthat the defendant's indifference was such that [he] intended the discrimination to occur.\u201d Gant ex rel. Gant v. Wallingford Bd. of Educ., 195 F.3d 134, 141 (2d Cir.1999). The requisite deliberate indifference may be found \u201cwhen the defendant's response to known discrimination is clearly unreasonable in light of the known circumstances.\u201d Id. In this case, no reasonable jury could find that the Supervising Defendants are liable under this standard; accordingly, they are entitled to summary judgment. 1. Irving 2/16/25, 10:33 Wyler v. Conn. State Univ. Sys., 100 F. Supp. 3d 182 | Casetext Search + Citator 19/27 The crux of plaintiff's claim against Irving appears to be that he \u201cknew of prior instances of harassment by Chevan, but did nothing to prevent him from remaining [in] a position of authority[,] which allowed him to harass Wyler repeatedly in the Spring of 2011 and earlier.\u201d Pl.'s Opp'n to Mot. for Summary Judgment No. 118) at 26. Based on the summary judgment record, however, no reasonable jury could find that Irving had prior knowledge of past harassing conduct by Chevan. \u201cWhile the court must view the inferences to be drawn from the facts in the *197 light most favorable to the party opposing the motion, a party may not rely on mere speculation or conjecture as to the true nature of the facts to overcome a motion for summary judgment.\u201d Lipton v. The Nature Company, 71 F.3d 464, 469 (2d Cir.1995). Instead, plaintiff must offer \u201cconcrete evidence from which a reasonable juror could return a verdict in [her] favor.\u201d Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). To establish that Irving should have acted to prevent Chevan from harassing her before she complained to him on April 4, 2011, plaintiff must offer evidence permitting a reasonable inference that Irving had knowledge of sexual harassment by Chevan prior to that date. E.g., Gant, 195 F.3d at 143\u201344 (\u201cmere speculation\u201d about the timing of a statement made by a supervisor insufficient to support a reasonable finding of deliberate indifference; \u201c[i]f plaintiff sought to rely on the timing of the \u201cwe don't tell\u201d statement, he would be required to produce, in response to defendants' summary judgment motion, evidence sufficient for a jury to find that the statement was made after [defendant] learned of the February 26 ... incident\u201d). Plaintiff does not have evidence from which a reasonable jury could infer that Irving had such knowledge. 197 Plaintiff offers three pieces of evidence to support her claim. First, she cites Irving's contemporaneous notes of a January 2012 conversation he had with Chevan. In the notes, Irving refers to the \u201ccurrent\u201d situation, states that \u201cChevan exhibited same issue of power and control,\u201d and questions whether Chevan is \u201cpathological.\u201d These comments, written nine months after plaintiff's complaint to Irving, are insufficiently concrete to permit a jury to infer that Irving had prior knowledge of harassment by Chevan, much less that he acquired such knowledge before April 2011. 11 2/16/25, 10:33 Wyler v. Conn. State Univ. Sys., 100 F. Supp. 3d 182 | Casetext Search + Citator 20/27 11 The excerpt from Irving's notes on which plaintiff relies, in its entirety, is as follows: \u201cTrying to rope me in as being equally complicit in the current situation, as if we're equally responsible, equally guilty. Misery wants company (Jaye Bailey). Frightening feeling of being manipulated. Feeling of satisfaction of pushing back. Chevan exhibited same issue of power and control. Subtle and manipulative. Scary that he seemed to actually believe that even though a sentence was handed down resulting in a guilty verdict, he still feels that somehow his words had been twisted, and he did not do anything wrong. Scary. Delusional? Pathological?\u201d Jonathan Irving's Internal Notation of Incident with David Chevan, Pl.'s Ex. 5 at 2 No. 118\u20131 at 18). Plaintiff points to notes that Mazza took during the investigation in 2011, reflecting that Irving said that Chevan had a \u201cneed to share intimacy that is not appropriate.\u201d Diane Mazza's Investigation Notes, Pl.'s Ex. 3 at 1 No. 118\u20131 at 12). The quoted comment does not support a reasonable inference that Irving knew about harassment by Chevan before plaintiff's complaint earlier that month. Finally, plaintiff cites the deposition of Tilden Russell, in which he testified that Irving indicated at some point after plaintiff's complaint that he was aware that Chevan had a history or reputation for harassing students. Even if this testimony, which appears *198 to be speculation by Russell, were sufficient to reach a jury as to whether Irving had knowledge of Chevan's history of harassment at some point after plaintiff complained to him, it is insufficient to support a reasonable inference that Irving had knowledge of sexual harassment by Chevan prior to his harassment of plaintiff. See Gant, 195 F.3d at 143\u201344. 12 198 13 12 The relevant testimony is as follows: [In the context of \u201cconversations you had with Professor Irving that involved allegations against Chevan sexually harassing students\u201d]: Q: Did Professor Irving tell you that he was aware that Chevan had a history or reputation for harassing students? A: Yes. 2/16/25, 10:33 Wyler v. Conn. State Univ. Sys., 100 F. Supp. 3d 182 | Casetext Search + Citator 21/27 Q: When did he say that? A: Well, probably in one of these phone calls don't think was the first person to tell him that. When he\u2014when we spoke on the phone this past year or so, you know told him what knew, which is more or less what I'm telling you don't think any of that was news to him at the time. Q: He wasn't surprised when you conveyed that information? A: No wasn't surprised when he told me. He wasn't surprised when told him. Dep. of Tilden Russell, Pl.'s Ex. 1 at 66\u201367 No. 118\u20131 at 7). [Later, on cross-examination]: Q: And you testified that David\u2014I'm sorry\u2014that Jonathan Irving mentioned the name of another student who he believed to have been sexual harassed, Megan [Coyne], correct? A: Yes. 2/16/25, 10:33 Wyler v. Conn. State Univ. Sys., 100 F. Supp. 3d 182 | Casetext Search + Citator 22/27 Q: Jonathan Irving didn't tell you he knew about this before Wendy [Wyler] came forward, did he? [Objection don't believe so. Dep. of Tilden Russell, Defs.' Ex at 87 No. 122\u20131 at 26). 13 Indeed Irving's awareness of other incidents of alleged harassment based on plaintiff's complaint to him would appear to be undisputed. The written document that Irving submitted to indicates: \u201cMs. Wyler also stated that a recent encounter with another friend and Southern student ... revealed that Ms had also incurred similar inappropriate behavior.... Ms. C. related that she knew of another Southern student who had also incurred similar inappropriate behavior from Dr. Chevan.\u201d Documentation of Wyler's Statement, Pl.'s Ex. 14 at 3 118\u20132 at 39). To the extent plaintiff also bases her claim against Irving on any alleged failure to take adequate action in response to her complaint, the claim is unavailing. It is undisputed that one day after plaintiff complained to Irving about Chevan's harassment, he notified the University's Human Resources Office and the Dean of Arts and Sciences and left word that he would commit the complaint to writing and forward it to or ODE. He and Hlavac took written statements from plaintiff and brought them to HR, which forwarded them to ODE. Irving, who is not a member of or ODE, had no further involvement with the investigation or Chevan's discipline. On April 27, 2011, plaintiff sent an email to Irving and Hlavac, thanking them for their help and support. Nowhere in her opposition to the motion for 2/16/25, 10:33 Wyler v. Conn. State Univ. Sys., 100 F. Supp. 3d 182 | Casetext Search + Citator 23/27 summary judgment does plaintiff suggest in anything other than conclusory terms that Irving could or should have acted any differently than he did in response to her complaint. Indeed, her only issue with his post-complaint conduct appears to be the \u201cwelcome to the world of academia\u201d comment in an email to her, which is an insufficient basis for a reasonable finding of deliberate indifference. See, e.g., Hayut, 352 F.3d at 754 (granting summary judgment as to \u00a7 1983 claim when \u201cthe response of the individual defendants to [plaintiff's] allegations was timely and reasonable under the circumstances\u201d). Even if a jury could reasonably find that Irving's response to plaintiff's complaint was somehow insufficient, he is entitled to summary judgment based on qualified immunity. Under \u00a7 1983, a government official performing discretionary functions is immune from suit in his personal capacity except for conduct that violates clearly established law. An official violates clearly established law only when, \u201cat the time of the challenged conduct, \u2018the contours of a right are sufficiently clear\u2019 that every \u2018reasonable official would have understood that what he is doing violates that right.\u2019 \u201d Ashcroft v. al- Kidd, 563 U.S. 731, 131 S.Ct. 2074, 2083, 179 L.Ed.2d 1149 (2011). Though the right to be free from sexual harassment is clearly established, a reasonable *199 official in Irving's position could think that the steps he took to address plaintiff's complaint were legally sufficient. See Tyrrell, 792 F.Supp.2d at 634 (\u201cEven assuming, arguendo, that defendants violated plaintiff's Fourteenth Amendment right to a free from discrimination and sexual harassment, that right was not clearly established at the time of their challenged conduct, i.e., it was objectively reasonable for defendants to believe at all relevant times that their conduct did not violate that right since, inter alia, they took immediate and appropriate steps to address and rectify the harassment of which they were aware.\u201d). 199 2. Battle Plaintiff asserts that Battle failed to take adequate action in response to her complaint about Chevan. She argues that a jury could reasonably infer deliberate indifference on his part because he avoided all phone calls from her and her mother regarding Chevan's sexual harassment and because he \u201caccepted\u201d the 5\u2013day retroactive pay suspension disciplinary settlement. 14 2/16/25, 10:33 Wyler v. Conn. State Univ. Sys., 100 F. Supp. 3d 182 | Casetext Search + Citator 24/27 Viewing the record in a light most favorable to the plaintiff, a reasonable jury could not find that Battle demonstrated deliberate indifference. 14 As described above, plaintiff stated during her deposition that her mother left numerous messages with Battle's secretary. In addition, an email plaintiff intended to send to Battle was inadvertently sent to Patrick Dilger, director of Public Affairs. Dilger forwarded the email to Jaye Bailey, who declined to forward it to Battle. Battle testified during his deposition that he did not recall any calls from plaintiff's mother, Dep. of Stanley Battle, Pl.'s Ex. 22\u201323 No. 118\u20133 at 32), and plaintiff concedes that her mother left the messages with Battle's secretary and not with Battle himself. Dep. of Wendy Wyler, Pl.'s Ex. 7 at 262\u2013263 No. 118\u20131 at 37). -------- It is undisputed that pursuant to University procedures and practices, Battle, who was not a member of ODE, did not appoint the investigator responsible for addressing plaintiff's complaint, monitor the investigation, or exercise any oversight over it. He was not involved in the resulting findings, the discussions about appropriate discipline, or the negotiations with the union. His involvement in the process was limited to his \u201cacceptance\u201d of\u2014or lack of objection to\u2014the disciplinary settlement. Jaye Bailey's sworn testimony states approved the settlement and advised Battle of the agreement.\u201d Dep. of Jaye Bailey, Defs.'s Ex \u00b6 31 No. 107 at 35). Battle did not have to sign off on the agreement for it to go forward\u2014 and indeed he did not, see Mem. of Agreement, Defs.' Ex. L\u20132 No. 107 at 205)\u2014although, in theory, he might have objected to it and directed Bailey and others to renegotiate Chevan's discipline. On this record, a jury could not find that Battle acted clearly unreasonably by failing to respond to phone messages. Plaintiff does not allege that his failure to respond hampered the investigation or affected its outcome. In the context of an ongoing investigation in which Battle had no involvement, per University policy, his failure to respond to phone calls from the complainant is insufficient to expose him to liability for an equal protection violation. Nor could a jury reasonably find that Battle acted clearly unreasonably by \u201caccepting\u201d the disciplinary settlement. As discussed above, the deliberate 2/16/25, 10:33 Wyler v. Conn. State Univ. Sys., 100 F. Supp. 3d 182 | Casetext Search + Citator 25/27 indifference standard is not an opportunity for jurors to second-guess the disciplinary decisions of University officials. Further, because Battle's approval was not required for the settlement to go forward, it cannot be said that his acquiescence caused plaintiff harm. See Bass v. Jackson, 790 F.2d 260, 263 (2d Cir.1986) (for liability under \u00a7 1983, \u201c[a] plaintiff must thus allege a tangible connection between *200 the acts of a defendant and the injuries suffered\u201d); see also Davis, 526 U.S. at 645, 119 S.Ct. 1661 (\u201c[D]eliberate indifference must, at a minimum, cause students to undergo harassment or make them liable or vulnerable to it\u201d) (internal quotation marks and citations omitted). Moreover, Battle was not sufficiently involved in the disciplinary settlement that his failure to object (after the agreement had already been approved) could be found to demonstrate discriminatory purpose. Finally, even if a reasonable jury could find that Battle demonstrated the requisite deliberate indifference, he would be entitled to qualified immunity because it was objectively reasonable for him to believe that his conduct did not violate plaintiff's rights. See Tyrrell, 792 F.Supp.2d at 634. 200 IV. Conclusion Accordingly, the motion for summary judgment is hereby granted. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles 2/16/25, 10:33 Wyler v. Conn. State Univ. Sys., 100 F. Supp. 3d 182 | Casetext Search + Citator 26/27 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. 2/16/25, 10:33 Wyler v. Conn. State Univ. Sys., 100 F. Supp. 3d 182 | Casetext Search + Citator 27/27"} |
7,509 | Curtis Ray Freeman | Philander Smith College | [
"7509_101.pdf",
"7509_101.pdf",
"7509_101.pdf"
] | {"7509_101.pdf": "By Youth services moves worker accused of stalking in old job Thursday, March 18, 1999 former college professor fired after he was accused of stalking a student and was convicted of animal abuse, was reassigned Wednesday from his job at the Alexander Youth Services Center after an official with the state Department of Human Services was questioned about his position. \"We are informing Mr. [Curtis Ray] Freeman this afternoon that he will be moved from his Youth Services Worker position to a position that does not involve direct contact with juveniles,\" department spokesman Joe Quinn said after he was contacted by the Arkansas Democrat-Gazette. Freeman, 36, of Little Rock declined to comment Wednesday on his reassignment. The Youth Services Division of the Department of Human Services hired Freeman in December to work with delinquent children at its detention center near Bryant, Quinn said. The agency conducted a criminal background check on Freeman before he was hired, Quinn said. \"We got some misdemeanor hits,\" Quinn said of the background check, but he did not know the specifics of those misdemeanors until this week. Freeman was accused of stalking and harassing Anita Johnson, 41, of Little Rock while he was a history professor at Philander Smith College. The woman, a student who worked at the school, told authorities at the time that she had dated Freeman for about a month. She claimed he began stalking and tormenting her with disturbing telephone calls after she ended their relationship, and that he physically threatened her. The college fired Freeman shortly before his arrest last October municipal judge later ordered Freeman to stay away from the woman for a year or face up to 10 days in jail. Freeman's attorney said the misdemeanor charge eventually would be dismissed. Freeman pleaded guilty in October to misdemeanor animal abuse and was ordered to serve a 10-day jail sentence. In addition, the judge ordered him to pay $1,279.50 in restitution and a $1,000 fine. Authorities had earlier found his pet chow emaciated, dehydrated and unable to walk. It died at an animal hospital. Quinn said misdemeanor convictions do not necessarily prevent a person from being hired by the department. However, when asked if a person with Freeman's background should have a position supervising children, he said, \"I'm not going to comment on that. That would be subjective.\" However, \"all of this is being checked as we speak,\" he said. The department's lawyers are reviewing \"the specifics of the hiring and what was found on the background search.\" The reassignment is the latest in a string of events that has brought critical attention to juvenile services in Arkansas. In June, the Arkansas Democrat-Gazette published a series of articles detailing allegations of abuse and mismanagement at some of the division's facilities, leading to a shake-up within the Youth Services Division. The detention center, located near Bryant, also has been the scene of some recent escapes, attacks on employees and incidents of workers sleeping on the job."} |
7,543 | Mark Landis | San Francisco State University | [
"7543_101.pdf"
] | {"7543_101.pdf": "Quotable. . . \"The good we secure for ourselves is precarious and uncertain until it is secured for all of us and incorporated into our common life. '' -- Jane Addams Having trouble viewing this email? View it in your browser. Internal Auditing Case in Point: Lessons for the pro-active manager July 2014 Vol. 6 No . 7 We know that data thieves frequently target credit card data. When these thieves are successful, the various card brands, (Visa, MasterCard, American Express, etc. ) can levy heavy fines on the merchant who suffered the breach. Merchants who have chosen to accept credit and debit cards are contractually obligated to have in place a very prescriptive set of security controls, collectively known as the Payment Card Industry Data Security Standards (PCI-DSS), to prevent the unauthorized use/disclosure of cardholder data. In addition to large fines for non-compliance, a merchant can be held responsible for reimbursement of fraudulent charges and card reissuance costs. The merchant's reputation will certainly suffer in the court of public opinion. As consumers, we expect the merchants we do business with will protect our credit card data and not allow it to fall into the hands of identity thieves or other nefarious users. Similarly, we expect every organization, website, and governmental agency to protect the data they require us to provide when using their services. As a merchant, as well as a data steward of customer (applicants, students, alumni, employees) data, the University is also expected to abide by best practices, legislative mandates and contractual obligations to protect the data we have been entrusted with. This includes meeting the highly prescriptive obligations of the PCI-DSS, as well as ensuring reasonable security measures are in place to protect other data we have been entrusted. While most of us don't handle payment cards on behalf of the University, virtually all of us have access to sensitive data that must be appropriately protected. Protecting this data is a mixture of common sense and sound business processes requires all employees be provided with annual information technology security awareness training, and all employees should have a common baseline knowledge of computer security threats and best practices to thwart unintended exposure of data. On a university campus, sensitive data exists in many locations, including centralized and departmental servers, your desktop computer, backup media, and paper forms. The records contained within this data includes, but is not limited to , social security numbers, credit card numbers, driver's licenses, addresses, passport numbers, student educational records, protected health information, research data, and other such information recent study by the Ponemon Institute estimated the cost of a data breach to be $145 per compromised record data breach of only 1,000 records therefore could result in $145,000 in direct and indirect costs. Each of us must be vigilant and do our part to protect sensitive information. There are many practices which can contribute to a more secure environment. Here are a few we suggest you consider. 1. Managing your passwords a. Use strong passwords and do not share passwords with others. b. Use different passwords for campus resources and non-university resources. Use different passwords on each of the non-University sites you have accounts with. If one site is compromised, you can be assured the breach will not affect data located on other sites. c. Use a secure password manager to save your passwords for each site. There are a number of good smartphone and computer applications that will save your various passwords in an encrypted fashion that are only accessible using a strong master password. 2. Learn how to identify spam/scam/phising emails. Your bank and the University department will not ask you to provide your user name and password via email. Likewise, treat as suspect links found within an email. Just because a link takes you to a page that appears to be a 2/16/25, 10:49 Case In Point 1/7 University approved site, does not mean that it is. If you have any doubt about a request, contact local support to verify its authenticity. 3. When off-campus, do not trust free or hotel WiFi. Learn how to use the University to protect data transmission while traveling. 4. Protect your smart phone and tablet like you would your wallet or purse. Don't leave it lying around, even for a moment. These devices are computers and you should have to enter a password or in order to access the device. 5. Look for security weaknesses and report them to professionals, supervisors or Internal Audit. Each of us should be vigilant and pro -active as any breach of sensitive data results not only in costly remediation, but also tarnishes the University's name and reputation. As always, if you have any suggestions or comments, please let us know. Robert Gottesman, CISA, GCFE, EnCE Information Systems Auditor M. Kevin Robinson Executive Director, Internal Auditing Information Security & Technology Events July 31, 2014: The U.S. Department Of Homeland Security warned retailers about a type of malicious software attacking point-of-sales systems, dubbed \"Backoff,\" that it said is undetectable by most types of anti-virus software. The agency released a 10-page advisory about the payment-card-stealing virus Backoff on Thursday, saying it has been observed in at least three forensic investigations into breaches of payment systems. (link) July 31, 2014: The University of West Florida announced Thursday morning that passwords and usernames for about 160 people may have been compromised in an data breach of the university's main campus networks, a news release from said. (link) July 29, 2014: Seattle University is notifying an undisclosed number of donors that incorrect permission settings on an internal drive made it possible for anyone with a Seattle University computer account to view scanned checks, without authorization.Seattle University is notifying an undisclosed number of donors that incorrect permission settings on an internal drive made it possible for anyone with a Seattle University computer account to view scanned checks, without authorization. (link) July 23, 2014: Applying for college involves a mountain of data -- GPAs, ACTs, SATs, essays, the list goes on. But 5 Investigates found there are nine numbers students are routinely asked for that they do not have to offer up during the preliminary admissions process, and some experts say they should refuse to include -- their Social Security Number. (link) July 23, 2014: The Maricopa County Community College District terminated a longtime employee Tuesday for negligence over a massive computer system breach that was discovered last year. (link) July 14, 2014: Increasingly, corporate risk managers are seeing insurance against cyber crime as necessary budget spending rather than just nice to have. (link) July 11, 2014: Some former University of Illinois Chicago students were warned last week of a breach that left personal information, including Social Security numbers, publicly accessible. (link) July 11, 2014: Officials at Orangeburg-Calhoun Technical College are warning students, former students and faculty about a possible security breach of personal information. Administrators notified law enforcement agencies this week a faculty member's laptop computer was stolen from an office. The college has been verifying the information that was on the computer, which included names, birth dates and social security numbers for current and former students and faculty members (link) July 11, 2014 laptop containing student and employee information was stolen from an Orangeburg- Calhoun Technical College staff member's office on Monday. The computer contained files with the names, birth dates and Social Security numbers of about 20,000 former and current students and faculty members dating back six or seven years, according to President Dr. Walter A. Tobin. (link) 2/16/25, 10:49 Case In Point 2/7 July 10, 2014: ForeScout, in association with Connect released survey results describing the nature and extent of security threats and defense maturity arrayed against organizations in the finance, manufacturing, healthcare, retail and education sectors. Among the many findings, those in the education and manufacturing sectors were least sure (73% and 71% either not or somewhat confident) that security measures relating to personal mobile device usage would be improved within the next year. (link) July 10, 2014: Personal information from more than 1,000 Penn State alumni may have been compromised because of a security breach involving a university computer. (link) July 10, 2014: Among college students based in the U.S. aged 18 to 26, reveals laptops as their device of choice with 85 percent owning one, outnumbering smartphone owners and more than double the reported number of tablet owners. When asked to rank various items in order of importance, 41 percent of students surveyed consider their laptop their most important possession followed by their car, tablet, bicycle, and television. (link) Fraud & Ethics Related Events July 28, 2014: Alabama Gov. Robert Bentley announced today he has removed Alabama State University Trustee Marvin Wiggins from office for conflict-of-interest violations (link) July 23, 2014: The former head of financial aid at Merrimack College was charged today with wire fraud and mail fraud for allegedly deliberately mishandling federal student loans and falsifying documentation to cover up her actions over a dozen years. (link) July 21, 2014 Bentley University accounting professor's ''entire body of work'' is in question, following the school's investigation of two papers by James E. Hunton in which data were found to have been falsified. (link) July 18, 2014: The University of Connecticut on Friday said it had reached a $1.3 million deal to settle a 2013 lawsuit filed by five current and former students charging that the school had mishandled claims of sexual assault and harassment. (link) July 16, 2014 Virigina man faces multiple counts of theft by deception after falsely claiming Georgia residency to lower his daughter's tuition at the University of Georgia, the school's police chief said Wednesday. (link) July 14, 2014: Three workers fired by the University of Saskatchewan for taking cafeteria food home are headed back to an arbitration board. The group was fired in 2012 while working at the university's ag-bio cafeteria. Over the span of a year, the three workers brought soup, gravy and expired fruit cups home from work. They also ate soup from the cafeteria without paying. (link) July 11, 2014 has agreed to pay $500,000, including $350,000 in scholarships, to settle a claim by a prominent African American judge over alleged mistreatment and racial profiling by campus police during a traffic stop last year, officials announced Friday. (link) July 8, 2014: Federal officials are rescinding nearly $1.4 million in grant money for an Iowa State University research team that was besmirched by a colleague's alleged fraud. The National Institutes of Health decision comes on top of ISU's agreement to reimburse the federal agency $496,000 for salary and other costs related to Dong-Pyou Han's employment. The former scientist is accused of faking experiment results to make it look like a vaccine was protecting rabbits against the virus. (link) July 3, 2014: After a string of cases involving embezzlement or misuse of funds at the University of Louisville in recent years, an independent audit commissioned by the university has recommended 17 changes to improve financial controls and oversight. It calls for strengthening disbursement controls, adding checks on vendors and contracts, reviewing university-associated bank accounts, hiring a chief financial officer, standardizing policies and expanding internal auditing. (link) July 1, 2014: As many as 90 percent of recommendation letters for Chinese applicants to western universities were falsified in 2011, the most recent period studied, according to the U.S. educational 2/16/25, 10:49 Case In Point 3/7 consulting firm Zinch China. Seventy percent of admissions essays were written by someone other than the applicants, the firm found, and half of secondary school transcripts were doctored. (link) Compliance/Regulatory & Legal Events July 30, 2014: U.S. colleges and universities that fail to take steps to curb sexual assault on their campuses would face stiff penalties under a proposal introduced in the Senate on Wednesday key provision would require colleges to conduct an annual, anonymous survey in which students would be asked about their experiences with sexual assault on campus. Colleges would be required to publish the results online \"so that parents and high school students can make an informed choice when comparing universities,\" a summary of the bill says. (link) July 29, 2014: Alabama State University spent $318,099 suing a Birmingham forensic auditor hired by Gov. Robert Bentley to investigate claims of financial wrongdoing at the school. (link) July 27, 2014: University and college professors are complaining that government restrictions on the use of small drones are likely to stifle academic research. In a letter to the Federal Aviation Administration on Friday, 30 professors said a clarification the agency issued last month on what rules model aircraft hobbyists must follow would eliminate the ability of researchers to use small, unmanned aircraft on low-altitude flights over private property. (link) July 25, 2014: The Ohio State University Marching Band, known for entertaining fans at sporting events with hypnotic formations choreographed to music, was also known among university insiders for a culture that facilitated sexual harassment, according to an investigative report. (link) July 21, 2014: The University of Connecticut will pay nearly $1.3 million to five current and former students to settle a federal lawsuit that accused the university of mishandling allegations of sexual assault and harassment. Most of the settlement -- $900,000 -- will go to just one student. (link) July 18, 2014: The Iowa Supreme Court is ordering Iowa State University to pay $650,000 to a former employee who was the subject of vicious mistreatment by superiors. The court Friday upheld a jury's $500,000 award to former College of Engineering marketing employee Dennis Smith for emotional distress. (link) July 16, 2014 California judge ruled Tuesday that a private Southern Baptist college was within its rights to expel a transgender student who applied to the school as female, but only as regards the school's private courses. The student was found to have been discriminated against with regards to the college's public facilities. (link) July 15, 2014 federal appeals court on Tuesday upheld a race-conscious admissions program at the University of Texas, a ruling that comes one year after the U.S. Supreme Court concluded that the same admissions program should be strictly scrutinized. (link) July 11, 2014: Ball State University board of trustees took an additional step in trying to safeguard the university from another investment scandal. Ball State was the victim of securities fraud in 2008 and 2010 that cost the university $13.165 million. As a result, Gale Prizevoits, the director of cash and investments at the university, was fired; Seth Beoku Betts of Boynton Beach, Fla., was convicted of securities fraud; and George Montolio , from the Bronx, N.Y., was convicted of wire fraud. Both men were prosecuted in Manhattan and sentenced to federal prison. (link) July 11, 2014: The University of Michigan has settled a lawsuit brought by a student group that said it was improperly denied funding for an event featuring a speaker who previously had sued the school. (link) July 9, 2014: More than 40% of U.S. colleges and universities have conducted no investigations of alleged sexual assaults over the last five years, according to an explosive survey of more than 300 schools by a congressional subcommittee. (link) July 8, 2014 settlement has been reached in the lawsuit filed by a Case Western Reserve University law school professor who alleged that when he reported former Law School Dean Lawrence Mitchell had potentially sexually harassed women, he suffered retaliation. (link) 2/16/25, 10:49 Case In Point 4/7 July 7, 2014: This week Students for Concealed Carry Foundation, Inc. filed a lawsuit in Franklin County Common Pleas Court challenging The Ohio State University's authority to ban lawful possession of firearms by students, faculty, staff, and other affiliates on its campuses. (link) July 7, 2014 New York City man was sentenced to 18 years in prison on Monday for raping his stepdaughter, who revealed the sexual abuse in a college application essay. (link) July 7, 2014: Southern University settled a lawsuit over the Baton Rouge campus' failure to accommodate disabled students, agreeing to make several upgrades that are expected to cost the cash- strapped college millions over the next five years. (link) July 3, 2014: The Supreme Court gave Wheaton College a temporary exemption from birth control coverage required by President Barack Obama's health reform law, days after ruling that for-profit employers can opt out for religious reasons. (link) July 2, 2014: Lawsuits filed Tuesday by an education foundation accuse three state universities and a community college of restricting free speech of students and faculty, the first public volley of a nationwide campaign to challenge campus policies it says are unconstitutional. (link) July 2, 2014: Philosophy Prof. Peter Ludlow will not join the faculty at Rutgers for the coming academic year, the school said Wednesday. Ludlow will remain on Northwestern's faculty, University spokesman Al Cubbage confirmed Wednesday. Ludlow is at the center of a Title lawsuit that alleges acted with ''deliberate indifference and retaliation'' after a student reported being sexually assaulted by Ludlow. The professor has denied the student's allegations. (link) July 1, 2014: The is taking another look into academic misconduct at North Carolina after an investigation uncovered new information athletic director Bubba Cunningham said Monday the school has received ''a verbal notice of inquiry'' that the will reopen its 2011 investigation in a case that began as an offshoot of a 2010 probe into the football program. ''The has determined that additional people with information and others who were previously uncooperative might now be willing to speak with the enforcement staff,'' Cunningham said in a statement. (link) June 30, 2014: Federal initiatives are in the works to make attending college less of a financial burden, but financial aid administrators question whether they present a robust solution. (link) Campus Life & Safety Events July 30, 2014: The rupture of a nearly century-old water main that ripped a 15-foot hole through Sunset Boulevard and turned a swath of the University of California, Los Angeles into a mucky mess points to the risks and expense many cities face with miles of water lines installed generations ago . The flooding sent more than 20 million gallons of water cascading from a water main in the midst of California's worst drought in decades and as tough new state fines took effect for residents who waste water by hosing down driveways or using a hose without a nozzle to wash their car. (link) July 29, 2014: Just in time for the new school year, colleges across the state are making plans to offer alcoholic beverages, either at on-campus pubs or allowing sales at sporting events. (link) July 28, 2014: The William T. Young Library and several adjacent buildings on the University of Kentucky campus were evacuated for several hours Monday after a construction machine hit a gas line, causing a leak. (link) July 28, 2014: University of Delaware students are being offered counseling after a doctoral student allegedly hid video cameras in restrooms around the university's Newark campus over a two -year period. (link) July 25, 2014: An accounting professor who taught at both San Francisco State and the University of San Francisco was arrested Wednesday for allegedly filming friends and former and current students as they used the restroom in his San Francisco home. Mark Landis, 38, was charged with 15 misdemeanor counts of invasion of privacy. (link) July 21, 2014: Four Case Western Reserve University students were robbed at gunpoint on campus Saturday afternoon, university spokesman William Lubinger said. The students were studying in the 2/16/25, 10:49 Case In Point 5/7 Wade Commons university building about 4:24 p.m. , when three men entered the RedCats room and demanded their belongings. (link) July 15, 2014: More than 25 students were found to have violated Gettysburg College's policy, resulting in expulsions, suspensions and dismissals from campus, according to a letter from college president Janet Morgan Riggs. In an email sent July 14 to parents and alumni, Riggs stated the 27 sanctions were given in response to the college's internal investigation, which involved the questioning of 39 students. The investigation was in response to a Philadelphia-area drug ring investigation earlier this year. (link) July 9, 2014: The definition of \"consent\" in Norfolk State University's sexual misconduct policy consists of 166 words. The College of William & Mary uses 257 words to spell it out. It takes 438 at Virginia Wesleyan College. With scrutiny on policies and prevention of sexual violence at colleges and universities, it's becoming increasingly important for local higher-education officials to pinpoint what constitutes consensual sex. \"No \" means no , but \"yes\" can be trickier for school administrators to identify. (link) July 8, 2014: The president of Washington and Lee University on Tuesday said in a mass email to faculty and students that the battle flags of the Confederacy will be removed from Lee Chapel and that the university will continue to study its historical involvement with slavery. President Kenneth Ruscio issued a lengthy statement in response to a controversy that began last spring when a group of law school students called the Committee demanded that stop glorifying Robert E. Lee and the Confederacy and acknowledge Lee and the university's ownership of slaves. (link) July 7, 2014: Thirty Baruch College students could face a slew of criminal charges this week - ranging from hazing to homicide - related to the death of a fraternity pledge, a lawyer representing the victim's family says. (link) July 7, 2014: Three University of Maryland students crossed U.S. 1 this weekend, hours after a fatal hit-and-run on the same stretch of road. The students said they know jaywalking on the major thoroughfare is dangerous -- three people have been struck and killed by drivers there in the past six months -- but they said they've become accustomed to drivers yielding to them on campus. \"Because on campus the cars have to stop for you, we all are so used to it,\" said Elizabeth Steidl. \"So we just walk wherever we want. \" (link) July 3, 2014: The family of a Cal State Northridge fraternity pledge who collapsed and eventually died after a hike in the Angeles National Forest is blaming the student's death on hazing..(link) July 1, 2014: Public safety officers armed with semi-automatic pistols will patrol Idaho State University for the first time on Tuesday to safeguard students and staff, in response to a new state law allowing concealed weapons on college campuses. Arming eight officers and two supervisors with guns is among the security measures the school in the southeastern Idaho city of Pocatello has adopted in light of the new law, school officials said. Another Idaho university was considering a similar move. (link) Other News & Events July 29, 2014: The government's official statistic for college-tuition inflation has become somewhat infamous. It appears frequently in the news media, and policy makers lament what it shows. No wonder: College tuition and fees have risen an astounding 107 percent since 1992, even after adjusting for economywide inflation, according to the measure. No other major household budget item has increased in price nearly as much. But it turns out the government's measure is deeply misleading. (link) July 7, 2014: Total enrollment in the nation's journalism schools has dropped, research by a team at the University of Georgia shows, triggering a variety of responses from the schools and raising questions about the future of journalism education. (link) July 1, 2014: The University of Arizona has abruptly fired a prominent marijuana researcher who only months ago received rare approval from federal drug officials to study the effects of pot on patients suffering from post traumatic stress disorder. . The firing of Suzanne A. Sisley, a clinical assistant 2/16/25, 10:49 Case In Point 6/7 professor of psychiatry, puts her research in jeopardy and has sparked indignation from medical marijuana advocates. Sisley charges she was fired after her research -- and her personal political crusading -- created unwanted attention for the university from legislative Republicans who control its purse strings. (link) July 1, 2014: Aaron Hernandez, a former tight end for the New England Patriots who has been indicted on three murder charges, is featured in a University of Florida football-themed calendar, according to several reports. The calendar was not produced or distributed by the university, according to the program's Twitter account, which noted that approval of the calendar probably occurred in the spring of 2013. (link) If you have any suggestions, questions or feedback, please e-mail me at robinmk@auburn.edu. We hope you find this information useful and would appreciate hearing your thoughts. Feel free to forward this email to your direct reports, colleagues, employees or others who might find it of value. Back issues of this newsletter are available on our web site at If you have any suggestions for items to include in future newsletters, please e-mail Robert Gottesman at gotterw@auburn.edu Department of Internal Auditing Auburn University 304 Samford Hall M. Kevin Robinson, Exec. Director robinmk@auburn.edu 334.844.4389 \u00a9 Redistribution of this newsletter, with or without modification, is permitted provided Auburn University Internal Auditing is listed as the source. 2/16/25, 10:49 Case In Point 7/7"} |
7,546 | Andrew Hughey | San Jose State University | [
"7546_101.pdf",
"7546_101.pdf"
] | {"7546_101.pdf": "Spartan defeat takes New Mexico State for win 4 Up to bat Baseball team swings for first win 4 pAL ETA:Cf Volume 86, No 10 Serving The San Jose State University Community Since 1934 Police training Program offers experience for cadets El 6 Friday , February 7, 1986 Former dean faces harassment charges By Craig Quintana Daily staff writer lawsuit charging a former dean with sexual harassment was filed in Superior Court Wednesday by an ex-employee. Andrew R. Hughey, who resigned Jan. 13 as dean of Applied Arts and Sciences, was named in a suit along with President Gail Fullerton, the university and unnamed others in a complaint filed in Santa Clara County Su- perior Court on behalf of Ana Celeste Mor- rice, former project coordinator in the Health Career Opportunity Program. The four complaints in the suit ask an un- specified amount of damages for civil rights violations; assault and battery; intentional inflication (sic) of emotional distress, and Future unclear for A.S. ski shop By Maria J. Gunter Daily staff writer The future of Earth Toys is in question, said A.S. Vice President Michael Faber at the Wednesday board meeting. Less than 500 students rent from the A.S.-owned ski and camping equipment shop, making the A.S. subsidy per student approximately $100, said James Warren, A.S. exec- utive assistant who prepared an audit of A.S. businesses. \"Earth Toys really doesn\u2019t carry a very wide variety of skis,\" said John Stava Ski Club publicity officer. The ski club offered to promote Earth Toys in its newsletter and per- haps provide club members with a $2.50 discount for ski tune-ups, but shop management said they pre- ferred to do their own advertising, said Chuck Dale Ski Club trea- surer. \"Is asking students to go an extra mile downtown too much to ask for a $50,000 loss r Faber said. \"One of the things we campaigned on was to bring efficiency back into the student goverment.\" Earth Toys lost $18,700 in 1984-85 and is projected to lose $13,990 in 1985-86, according to Warren\u2019s audit. The audit shows operating deficits over an eight-year period, 1982-90, ending with a projected $53,626 defi- cit for the budget year 1989-90. These figures represent the money needed to keep Earth Toys afloat over and above what is brought in by equipment rentals, Warren said. \"These deficits are after cost- cutting measures have been put into effect . .. so these are, in a sense, op- timistic figures,\" he said. Earth Toys Supervisor Penny Terry said she was shocked at the size of the deficits the audit projects. \"The study should have been done four years ago,\" Terry said. The situation just kept getting worse and the budget requests were contin- ually increasing, she said. Warren informed the A.S. board of Earth Toys\u2019 financial situation and requested the board\u2019s guidance re- confirmed on page 3 negligence When informed of the lawsuit yesterday, Hughey had no immediate response to the al- legations. However, he strenuously denied any wrongdoing. \"What I\u2019m charged with is untrue,\" Hug- hey said. \"It is fabricated have never sexually assaulted anyone.\" He resigned his position after a standard five-year review last fall. Hughey, who has retreat rights to the School of Education, was placed on administrative leave by Fullerton. Hughey was investigated by the univer- sity following allegations of sexual ha- rassment, but the findings of that investiga- tion were never made public Morrice seeks general, special and puni- tive damages. Morrice alleges the defendants violated her civil rights, intentionally inflicted emo- tional distress and showed negligence in the subsequent treatment of the situation. Hug- hey is also charged with assault and battery. Last March, Hughey was under investi- gation by Academic Vice President John Gruber for a complaint by an unidentified woman alleging Hughey \"sexually harassed her and made improper remarks.\" Hughey stepped down as dean on Jan. 13 at the same time his standard five-year per- formance review was completed. Daniel Buerger, executive assistant to the president, said at the time that Hughey\u2019s resignation had nothing to do with the sexual harassment charges. The results of the review were confiden- tial. All deans are subject to this review. The result of the review committee are used by the president to base her decision on keeping the dean under review. Hughey is on paid ad- ministrative leave until he begins teaching in the fall. All deans have the the option to return to the classroom with the same tenured status they held before moving into the administra- tion. Dick Staley public information di- rector, said the university could not comment on the lawsuit because standard policy pre- cludes university officials from speaking Battle fatigue Marketing major Cindy Moll, a junior, surrenders to sleep near the barbecue pits. Her attempts to Steve Savage Daily staff photographer tackle a reading assignment in an advertising class proved no match for the need to catch 4 0 winks. Higher state regulations requested for VDTs By Veda Anderson Daily staff writer Concern about the safety hazards that result from regular use of video display terminals has prompted the California State Employees Association to lobby for tougher statewide standards that the system would have to follow. CSEA, a union that represents the non-academic staff in the system and civil service employees, sees health hazards as a serious problem shared by students as well as the staff, said Kristo- pher Organ representative for this campus. Research shows that regular use has caused muscle strain in the back, shoulders and neck. Other users have ex- perienced eye stress and irritation, Organ said The eye strain occurs because of the constant eye movement from paper to screen that does not occur as much when using a typewriter, Organ said The glare and reflection from the terminals also cause eye strain. Organ said that the use of VDTs cre- ates more stress on the job too. Further research is being done to find out if regular use has adverse effects on pregnant women. Ron Almquist, senior labor relations representative for CSEA, said that there are certain chairs that should be used with VDTs that can be adjusted by the individ- ual. The efforts of manufacturers to adapt systems to better accommodate humans is known as \"ergonomics.\" Solving the er- gonomics of computer use would mean using chairs that promote good posture and minimal fatigue, and setting stan- dards for the display color used on the screen and the degree to which the screen should be illuminated. The distance that the user sits away from the screen should also be standardized, Almquist said has no standards on the our chase of ( VDT) equipment or on the oper- ation of the equipment when it comes to health and safety,\" Almquist said . VDTs are used extensively at by staff, faculty and students. There are roughly 175-200 computers used in the School of Engineering alone, said Michael Edwards, director of engineering com- puter systems. There are also 43 personal computers used by faculty, Edwards said. In the School of Business, approxi- mately 160 computers are used, said John Lehane, computer laboratories director. And in the School of Science, there are about 200, said Richard Smith, associate dean of the school. Each department of- fice in the school has at least one com- puter, Smith said should be concerned about the hazards particularly because the univer- sity has some old equipment that has been around for a long time and has not been re- placed, Organ said Many times, old chairs can cause some of the problems as- sociated with use, he added. Ron Montgomery health and safety officer, said that the university has received information about the safety haz- ards involved with use The univer- sity is also aware of the proposed stan- dards that the is pushing to get approved But Montgomery said that until the standards are adopted by the state, the university is not in the position to act \"So far, the state has not adopted them ( the standards I,\" Montgomery said. The Legislative Committee is in the process of introducing legislation through state Sen John Seymour. 35th District, that will set standards for use \"We are working with the Legislature to establish and set standards that will be (submitted for the, governor\u2019s approval.\" Almquist said. about pending litigation Fullerton could not be reached for com- ment. In the complaint, Morrice states that Hughey subjected her to the following acts: \u0095 Calling plaintiff at her home on a daily basis and asking her to accompany him to dinner and to other social functions. \u0095 Repeatedly attempting to kiss and otherwise touch plaintiff in a manner offen- sive to plaintiff. r Attempting repeatedly to induce plain- tiff to grant defendant Hughey sexual favors. r Repeatedly making sexual advances to plaintiff. The complaint states that there were riiiiliuued sin page 3 Budget seat filled; one slot remains Student services director appointed to committee By Carl Scarbrough Daily staff writer The AS. Board of Directors unanimously approved the appointment of its director of student services to the budget committee Wednesday. One position remains open. Adam Novicki will serve as the director-at-large as specified by the A.S. Constitution. Currently. the budget committee has 11 of the 12 re- quired positions filled. The remaining position is not likely to be filled until the board\u2019s Feb. 18 meeting, said A.S. Executive Assistant Paul Sonneman. The A.S. Constitution requires that three students, who are not members of the board, serve on the commit- tee, and to date, only two have been appointed. The com- mittee has received four applications for the third posi- tion. The applicaton deadline is Tuesday, and the selection will be made Feb. 16, Sonneman said. All applicants will be strongly encouraged to attend budget committee meetings prior to the appointment, he said. The applicants will be interviewed by the personnel selection committee, and the committee will make its rec- ommendation to the A.S. board. The budget committee is composed of eight voting and four non-voting members. Current voting members are: Novicki; Scott Davies. A.S. director of business affairs; Verda Alexander, A.S. director of sponsored programs; Gabriel Miramontes, A.S. controller; Larry Rose, associate professor of ac- counting and students Timothy Smalls and Devesh Garg. The non-voting members are: Jean Lenart, A.S. busi- ness director; Jim Cellini, A.S. adviser; Erin O\u2019Doherty. A.S. president, and Robert Martin, dean of student serv- ices. Last Tuesday. the committee heard budget requests for eight A.S.-sponsored programs. The requests. totaling $68,562, were presented by Lenart because the programs are administered by the A.S. Business Office. A.S. Clerical requested $50,717. The program pro- vides secretarial services to the S. government and the continued on page 3 More students could mean more money 1%) Daily staff writer With an enrollment increase of more than 800 stu- dents this year may expect at least $700,000 more from the state than it received last year Enrollment for fall was up 636 students from last year, bringing total enrollment to 25,479. Each student will bring in approximately 91,200, said Ed Burton, asso- ciate dean of Educational Planning and Resources campuses receive state money based on the number of students enrolled. SJSU\u2019s enrollment for spring semester will probably be higher than spring 1985, said Jack Foote. director of in- stitutional studies \"Past experience tells us that enrollment will be up in the spring if enrollment was up in the fall.\" Foote said have seen some numbers and have a gut feeling \" Exact figures will not he available until the add/drop period is over and it is determined how many students are enrolled this semester. Today is the last day to drop classes with no penalty and Feb. 14 is the last day to add classes without penalty. After the fourth week of each semester, admission re- cords are sent to the chancellor\u2019s office in Long Beach. Money is allocated to campuses on the basis of these files. \"That\u2019s why students can\u2019t add after Feb 24,\" Foote said The chancellor\u2019s office watches the university care- fully to insure that students don\u2019t add or drop after re- cords have been submitted, he said. Money is allocated according to the number of (un- confirmed on page 3 l\u2019agt. 2 Friday, February 7, 1986/Spartan Daily Published lot the University and the University Community by the Department of Journalism and Mass Communications Since t934 Sh111111011 RIIIIIUSISO, Editor Herb NIuktarion, Ct (throt Tyrone yall Hooytionli, News Editor Patricia J. Pans, Forum Editor Rob Gibbany, Sports Editor Franklin Bah, Advertising Director Gf sg Sop, Retell Sales Manager Stems, National Advertising Director Kraig Kinver, Special Sections Manager Beth Mended, Production Manager 111181111111 Short, Marketing Manager Tony Martin, Co op Advertising Manager Fight ignorance; ask questions The sweat on Doug\u2019s brow heated to a sizzle He sat nervously in history class as his thick-framed eyeglasses slid down his nose. He took several deep breaths. The polyester on his left pant leg tickled at the hair on his exposed calf. He yanked at his brown sock and with a wrinkle of his nose, nudged his eyeglasses back into place. Taking a final breath of courage, he raised his hand timidly. The professor paused in mid-sentence, \"Yes, Doug j-just wanted to know . . who w-was this Mister Hannibal Hamlin?\" The eyes of other students focused upon him in disbe- lief. One student packed his materials with disgust and left the classroom. \"Hannibal Hamlin,\" answered the professor elo- quently, \"served as vice president in 1861, under Abra- ham Lincoln.\" Doug tried to cool his flaming embarrassment by thinking, \u2019the only stupid question is the one which goes unasked,\u2019 but it took a long time before his tension was eased. Whoever said that the only stupid question is the one which goes unasked, forgot to add, of course, that once the question is asked, it is not the question which seems stu- pid, hut the individual asking it. The sensation of stupidity is temporary, however, and it is only a symptom of a larger problem which can be best described by one word: ignorance. Ignorance is not as bad a word as it seems. The Web- ster\u2019s New World Dictionary defines ignorant: 1) lacking knowledge or experience, 2) caused by or showing lack of knowledge, 31 unaware. Because of the connotations associated with igno- rance, it has become a bad word and an insult to people. Unfortunately, ignorance is a human characteristic. Peo- ple are horn ignorant, and then they\u2019re sent to school, if educational opportunities are available for them. 01 course, those who don\u2019t go to school, learn anyway. They just become proficient in whatever it is they do learn out- side of a classroom. America, however, being the land of opportunity that it is, provides public education for everyone. And because information is accessible to everyone through the public school system, there are very few acceptable excuses for the lack of knowledge in this society. Thus, people try to hide their ignorance for fear that someone, somewhere, will fly out of the woodwork, point at them and say, \"You\u2019re stupid.\" This is why open discussions in classrooms are rarely lively, and teachers\u2019 questions are often answered with si- lence. It takes courage to respond to a question only to find out that the answer was wrong. It also is difficult for an individual to make a statement before the class and find that the majority of the students disagree. It\u2019s a risk- benefit situation and many students would rather not take the risk. Students refrain from asking questions in the class- room because they must expose their ignorance in order to gain knowledge. And there are the teachers standing before the class thinking they\u2019ve done a wonderful job because nobody has questions. In the meantime, Doug sulks at his desk, weighing the risks and benefits associated with asking another ques- tion little angel appears behind his right ear and whis- pers, \"Go ahead, it\u2019s a good question and it will benefit the other students.\" And of course, the little demon ap- pears behind his left ear and screeches, \"Go ahead, re- mind everyone about just how stupid and ignorant you really are.\" Walkmans tune out life\u2019s joys Drugs, once the only way to really tune out, are now being replaced by that ever-present technology that abounds in Silicon Valley, the Sony Walkman. Actually, it doesn\u2019t have to be a Sony. It could be a Panasonic. Aiwa, or any readily available small tape player. I\u2019m sure you\u2019ve all seen them. People walking around, riding around and driving around seemingly per- manently attached to a set of headphones coming out of their ears. They walk around in a daze, oblivious to their surroundings. Closed off to the world. Sometimes the music is so loud that even passersby can hear a faint sound emanating from their fellow human. It\u2019s pretty sure that the person can\u2019t hear any- thing but the rock music pulsing between their ears. Is this a substitute for drugs? Or maybe just an alter- native for those who don\u2019t like the idea of tuning out by changing their body chemistry. In either case, there is a continuing trend to close off from the rest of the world. Who said, \"When you go through life, stop and smell the roses along the way.\"? People are still ignoring that simple piece of advice. I\u2019m sure that someone who has been blinded in an ac- cident could tell you the importance of seeing everything when it\u2019s there and not taking it for granted. Some of our grandparents are losing their sight as they get old. Can they say they\u2019ve seen enough and don\u2019t regret rushing through their lives not really looking at the world around them Driving a car while listening to headphones is illegal and in some areas riding a bike while \"plugged-in\" is ille- gal but people still choose to ignore what\u2019s around them at the possible expense of their lives. There\u2019s even a law that some people are trying to get passed that would make it illegal for people to walk around wearing headphones. Now, this may be a bit ex- treme but it might save lives and help force people to look around them admit it. I\u2019ve done it too walked from the journa- ,CyAM OWNIICIP,Orlf SOW. A.r.7-- lism building to the 10th Street Garage a couple of times plugged into Laura Branigan, walking to the beat and not seeing or hearing what was going on around me. It wasn\u2019t until a car almost ran me down one day, while 1 was crossing San Salvador, that got the message loud and clear could have missed a friend passing by, or a child playing in the playground, or even the car that might have killed me. It\u2019s not the music or even the technology that brings it to us. It\u2019s the desire that we have to avoid contact with the people around us when we\u2019re out among them, on our way toeless or on our way to our cars. There may be a lot of ugliness in the world but there is also a lot of beauty. The diversity of people on this cam- pus, sizes, shapes, colors is a beautiful tribute to the free- dom we have. Bright colors of advertisements, the sound of the Tower Bells tolling the time or the sound of a for- eign language, are all things to be taken in as existing in our world, not to be ignored. Technology is great. It\u2019s made our lives so much eas- ier in most cases and prolonged our lives. But what\u2019s the point if we\u2019ve tuned out the appreciation of the sights and sounds that already exist around us. iouflThu 14EE 11.1U A114114 amionoirm TRAAAPoie \u201911N\\ PRouDio 16N64-rro cttakvcrodr GRoup it \"Evf GiORGE BUSH, \u2019 U. 5 Letters to the Editor County supervisors on right track Editor, I\u2019m offering a reply to Roger Gilbert\u2019s opinion \"Val- ley needs mass transit, not cars.\" Roger, I\u2019m glad to know that someone has finally fig- ured out a way to solve our traffic problems, but it\u2019s not you! It\u2019s the County Board of Supervisors. ( You know them, they are elected by the majority of voters in Santa Clara County.) This Board of Supervisors has been working on Transportation 2000 (as in 15 years from now) for several years. The board has funded numerous commissions and studies to discover the best solutions. ( Remember, it\u2019s an imperfect world.) And guess what? The board correctly came to the conclusion that since people in the more affluent commu- nities of Cupertino, Saratoga and yes, your beloved Los Gatos, won\u2019t ride a light rail if it were built today, Route 85 must be widened to accommodate today\u2019s commuters. And surprise, a light-rail system will be installed when the ridership makes it cost effective. That\u2019s right, it\u2019s cheaper to build a freeway people will use. Los Gatos Town Council may be a noble body indeed, but what gives a minor one-horse crossroads the right to plan the valley\u2019s transit agenda (read, spend millions of tax dollars)? Route 85\u2019s expansion will benefit everyone, especially electronics workers from Los Gatos. Mass transit is the plan for the future. Construction has begun for the Guadalupe, Highway 101 and Fremont - South Bay light-train rail systems. Santa Clara Valley owns one of the most modern and efficient bus fleets in the nation, and the Board of Supervisors is constantly work- ing to improve services and increase ridership. Roger Gilbert should have acquainted himself with facts before whining the praises of the Los Gatos Town Council. He should have congratulated the Board of Su- pervisors for the foresight and imagination when they ap- proved the first phase of Transportation 2000. Arabs may control 50 percent of the oil reserves and may one day seek world power, but they won\u2019t bring us to our knees \u0097 all praise to Norwegians and Brits! Martha Boyd, Senior Political Science Reaction to \u2019Rambo\u2019 inappropriate Editor, John Lucero\u2019s reaction to the \"Rambo\" movies was too severe and inappropriate for the subject matter. John Wayne starred in numerous westerns through- out his career. He was often portrayed as the definitive \"cowboy hero.\" However, Wayne was not criticized for his shooting of \"ruthless Apaches\" in the films as being an inaccurate account of the actual systematic extermi- nation of American Indians that took place. This fact was probably not considered by the movie-going public. Nor should it have been. Like the westerns, the \"Rambo\" movies were not his- torical documentaries. Like the westerns, \"Rambo\" pro- vided unrealistic but action-packed entertainment, a very popular theme for the American movie audience. If Mr. Lucero would suspend his disbelief, as most of us do when we see a film at the theater, he might realize that his attacks against a fictional film\u2019s inaccuracies are just as ridiculous as Rambo\u2019s adventures in Vietnam were, for such films were designed to temporarily relieve the viewers\u2019 anxieties, not create them Scott Valor Junior Political Science Exit sensors won\u2019t harm floppies Editor, An article about floppy disks in the Monday issue of the Spartan Daily suggested that students should not take diskettes through the book sensors at the exits of the li- braries would like to clarify that the exit detection equip- ment will not harm diskettes. This has been verified in conversation with representatives from the company that manufactured the system. An article in a recent issue of College & Research Li- braries (September 1985) supports this. However, it is im- portant that students not leave diskettes in books when they are being checked out. The desensitizers located be- hind the circulation desks will harm diskettes and cas- settes. Jeff Paul Acting Assistant Director-Access Division Library f, Housing In Bold Face David Leland First it was strictly a homosexual disease. Then it was found that both straight and bi- sexual people could contract AIDS. But now, the most unsuspecting group of all is being maligned and accused of carrying this dreaded plague: houses. Yes, a state law, which calls for disclosure of \"material facts\" by real estate agents to their cli- ents, is now used against homosexuals when they put their houses on the market. California Realtors may actually be sued if they neglect to tell a prospective buyer that the previous owner of a house had AIDS. It should be noted that traditional \"material facts\" include faulty plumbing or the murder of an occupant. The obvious implication is that if a person has AIDS, the house will contract it and pass it along to the next owner. Just how a house could contract AIDS, which can only be transmitted by sexual con- tact, infected hypodermic needles or blood transfu- sion, is not clearly explained. What is known and admitted by gay activists, lawyers and health officials is that disclosure of the owner having both reinforces misconceptions about the spread of the disease and also lowers the value of the property. Does this mean that people with actually make love with their homes? Or worse yet, do they exchange blood with the blank stucco walls? Now, if this is so, we as a nation are in trouble. lean see the obituary in the Mercury News. Services will be held today for 1244 Bork Road, which died from AIDS, in a local vacant lot after a long illness. It was 12 years old. Bork Road is sur- vived by some of the wood that was used in the attic, which was lucky enough to be shipped to Montana. This current hysteria is reminiscent of the Salem witch trials 200 years ago; perhaps we should take houses that are for sale and put them and their owners to some rigorous tests. The first test would be to have the house and its owner takes long vacation together, perhaps a cruise, and see if there is any real attachment or fondness shown between the two. This would be a sure tip-off for observant watchers. Another sure-fire method would be to give the owner a large cache of injectable drugs and see if he actually shared them with the house. This would also fall into the first test in that it would denote fondness between the two. The final test would be for the house to have some sort of surgery, says fixture removed, and see if the owner willingly gave blood to the house. When this was completed, laboratory tests would tell the tale. Sound a bit far-fetched? So is the hysteria about real estate agents having to disclose a previous owner has AIDS. This is ludicrous, but how else can the current house panic he construed? Not one of the 16,548 Americans diagnosed as haying has contracted it through casual con- tact this means being in the same house with it). It is time that people get in touch with the hard facts regarding this dread disease. The facts are scary enough without coming up with fantasies of our own. The facts are that the virus dies outside the body. People cannot even catch it from breathing the same air as a person with AIDS. If a person still does not believe that and does buy a house previously owned by a person with AIDS, a thorough cleaning will work wonders. The virus, researchers say, is readily killed by common household bleach. Come now house with AIDS. David Leland is an associate editor. In Bold Face Is an open forum for editors that appears Mondays and Fridays Spartan Daily/Friday, February 7, 1986 Eye to eye Jay Dunlap Daily staff phatagiatiliia Ryo Roya ma (right), a mechanical engineering major, sketching Royama. The sophomores could not look away sketches the face of Brian Schauer, biology major. who is from each other until the beginning drawing task was done. Spartan Daily Serving the San Jose State University Community Since 1934 509-4801 Setsviii il_i-, pi .1.10 pail .0 hfiri California Member of California Sc,,, paper Publishers Association and the . \\ sociated Press Published daily by San Jose State University. during the college year The opinions expressed in the paper are not necessarily those of the Depart, merit of Journalism and Mass Corium nications, the University Adminislration or any student or faculty organi.a iii Mail subscriptions accepted on a remain der of semester basis Full academ., year. 515 Each semester. $7 bIt Off cain. pus price per copy cents tin campus delivery pinkie( through Associated u\u0095 dents at S.50 per participating enrolled student Phone Editorial 277-3151 Ad- vertising 277 3171 Printed by Fricke Parks Press Postmaster Please send all address cor rections to Spartan Daily, San Jose State University, line Washington Square. San Jose 95192 Editor Shannon Rasmusser. Advertising Director Franklin City Editor Herb Muktaceri Aosiatant City Editor David VVenstrilni News Editor Tyrone van Hooydonk Al,iC?\u0095ot News Editor Gretchen Heber Patricia Pane Jed. Twain.. Michelle King Julie Tilsnei Rob Gibbons Scott Van Camp Anne Gelhatis Marketing Manager Co Do uiio.rii.ung Momper Assistant Co Op Managers Yuri, Jane rarnomv Reporter. Veda Antic/awn, Robert Corndo Suranne Espinosa Sally Finegan, Roger Gilbert. Mena Gunter Andrew Hem Hanse,,. Uri. Hill. Stew Mina. Ken Johnston. Lyon Louie. John Luce., Michael McCerth, Thames Gary Morten. Dale Mout, Sha, O\u2019Day Craig Ouintene. Jarnie Reckley. Senlopietro Carl Scarbrough, James S. pace. Linda Smith, Jeni Liveila Walsh. Lit, Vollmer Photographer. Michael Chow. Jay Dunlap ois Fong Si. Gurien. Abraham Haile Kathy Kim., 0,\u0094 Lien. Kurt Leptich, Julie Lugar. Steve Soy age Antis,. Hank Anderson. Katherine Brigam. Nam s Chen. Pornela CrOad, Ranch Garfield. Jeannie Geier. Dan Gray. Zoe Krislock. 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Assistant Photo Editor Hie Schneider Chief Photographer Ron Cockerille Retell Advertising Manager Greg Sage National Advertising Director Leisa Stevens National Advertising Manager Brent McHenry Special Sectlons Menne. Kraig ktiewer Production Manager Ben, Allendorf Assistant Production Managers Aline deli Rose Jacob Ton. Lisenne Short ipny Mem. Dave Balser Ski shop tumbles continued from page garding the shop\u2019s budget be- fore the Feb. 15 meeting. Usually, groups submit a budget and then seek A.S. ap- proval, but Earth Toys is in- quiring about the board\u2019s posi- tion before doing this because the shop is an A.S. business and a large amount of money is in- volved, especially in future years, Warren said. The purpose of Earth Toys is another matter to be consid- ered, Warren said. \"Is it to be a self-support- ing business or an A.S.-subsi- dized service for students?\" he said. It is losing money this year and it will continue to lose money in the future, he said. Warren said that the board could either continue Earth Toys as it is with the deficit or take some corrective mea- sures. In past years, the shop has been able to cover operating expenses and has only needed budget allocations to purchase new equipment, Warren said. Now Earth Toys is unable to pay operating expenses or buy any equipment, he said. \"Earth Toys will never, ever turn a profit; it will al- ways need to be subsidized by the board,\" he said. \"It is the board\u2019s ultimate responsibility for Earth Toys. It\u2019s your busi- ness.\" Tim Orozco, director of community affairs, said he feels it is up to the board to take some corrective action. \"We can\u2019t be complacent like past boards have been,\" he said. Warren said he will draw up a list of recommended ac- tions for the board to be sub- mitted at the next meeting. He said he will be discussing his recommendations with various board members before the Feb. 15 meeting Put Your Ad in this Spot! 277-3171 1 1.1 A1101,141 ttD The world\u2019s leading test prep organization NOW! Viii i iii orb,., 499 Hamilton A,. Pala Alk 9430 0, as day. ,ver..ntis or even areeliera/\u0095 0,- Phone ,irTPDH (415) 327-0841. ommi-pullz Ex-dean charged with harassment Lawsuit filed in Superior Court continued from page 1 other incidences of harassment not included in the above list. After the advances were re- jected, the complaint states Hughey retaliated by humiliating Morrice in front of friends and co-workers on a regular basis and belittling her work. The complaint states an intimidat- ing, hostile and offensive working en- vironment resulted. The lawsuit charges the univer- sity and Fullerton of negligence, ig- noring the prior complaints brought by other university employees against Hughey and allowing further harassment of employees. The complaint states that Ful- lerton and the university \"failed to exercise ordinary care in hiring su- pervising, controlling and managing employees at SJSU.\" Fullerton is also accused of being lax in instituting guidelines and pro- cedures for combating sexual ha- rassment in accordance with direc- tives from the chancellor\u2019s office. Morrice alleges that in trying to bring her original charges, her ef- forts were frustrated by the lack of established procedures. Kate Wells, Morrice\u2019s attorney. said her client feels like she was pun- ished by the university. \"She was victimized by the uni- versity,\" Wells said. \"It became clear that the administration was more inclined to listen to Dean Hug- hey than to my client.\" Wells said she advised her client to take the matter to court because of Page 3 \u2019She was victimized by the university.\u2019 \u0097 Kate Wells, attorney the frustration experienced at the university level. Wells added the list of defendants may widen to include other administrators at and the chancellor\u2019s office Finally, the complaint states that Morrice was penalized when the uni- versity transferred her to a lower post and gave her \"busy work.\" The complaint states that Mor- rice was hired on Oct. I, 1984. Univer- sity payroll records show she contin- ued in her original position until Jan. 11, 1985. The payroll records show she then became part of G.E. advisement beginning Jan. 12, 1985 and stayed at that job until April 17, her last day on the university payroll. She quit the new post, alleging in the complaint that the university de- prived her of continued salary and benefits. Wells said the position her client was transferred to was only to last another year Her original position would have been an additional two years. The complaint states that Mor- rice has suffered emotional distress and physical injury as a result of the incident and has been forced to seek counseling and medical attention. Budget committee position filled continued from page A.S. Program Board. The funds would pay the salaries of two secre- taries. The A.S. Revenue Sharing Pro- gram requested $2,000. The program, established by the A.S. board in De- cember 1980, allows students to des- ignate a portion of A.S. activity fee money to any university-recognized program. The A.S. equipment reserve sought 810,000. The fund is used tore- place outdated and obsolete equip- ment and to purchase computer pro- grams. A.S. Board yet to fill final slot request of $3,300 was made for the fees charged by BM1 and the As- sociation of Composers, Artists and Producers for copyrighted music performed on campus. A.S. funds cover 80 percent of the fee, and 20 percent is paid by the Student Union Board of Directors. The A.S. Legal Counseling pro- gram requested $1,880. The program\u2019 Draft resister sentenced; must serve time at home Al Prison in. mates would consider six months at home an easy stretch, but draft re- sister David Wayte says it\u2019s harder than it sounds. \"It\u2019s not an easy sentence,\" said Wayte, 25, who hasn\u2019t been allowed beyond the yard around his grand- mother\u2019s yellow stucco house since Sept. 10. \"The psychological aspect is the most difficult; the idea of being a prisoner in my own home.\" Wayte\u2019s six-month house arrest was imposed by U.S. District Judge Terry Hatter. The former Yale phi- losophy student faced up to five years in prison and a 810,000 fine for refus- ing to register for the draft in 1981 expected to get some kind of prison term,\" said Wayte, sitting in a patio chair by a swimming pool. Wayte requested assignment to community service as a sentence, but Hatter prohibited such work. \"He felt community service was what enjoyed doing and what 1 asked to do for my sentence, so he punished me,\" said Wayte, a teach- er\u2019s aide to developmentally disabled adults when sentenced. Wayte says he rises at 6 a.m., writes in his journal and does house- work before reading for five to six hours daily miss ... going to the movies and taking walks miss the people worked with.\" Wavle said. Wayte lives with wife Jacqui Holt and a grandmother, a stroke victim under the care of two nurses. He and his wife plan to travel when his sen- tence ends March 9 Wayte, shocked when President Carter announced resumption of draft registration, decided to resist after receiving a warning letter from the government felt registration would lead to the draft and another Vietnam-type war,\" recalled Wayte, then a Yale freshman. \"1 knew this was my time to take a stand... - In 1982 Hatter ruled the govern- ment violated free-speech rights by prosecuting only visible resisters, but an appeals court reversed the ruling and the Supreme Court concurred We probably slowed down the re- turn to the draft, but didn\u2019t wipe it out.\" Join us in the Spartan Pub on Friday, February 7 3:00-5:00 for a We will be tasting California Chardonnay 1984 Cabernet Sauvignon 1982 2 Tastings for 75( provides free legal counseling to stu- dents. The allocation would be used to provide eight 15-minute appoint- ments a week. The committee was asked to allo- cate $865 to a fund that provides edu- cational opportunities to A.S. Busi- ness Office personnel. Employees of the office work full-time and are lim- ited in the number of courses they can take. Spartan Memorial and A.S. Legal Services made no funding re- quests but asked that funds not used by the end of the current fiscal year be left in their accounts and not re- verted to the A.S. General Fund as is usual procedure. The Spartan Memorial account is used for maintenance of the memo- rial building near the Spartan Com- plex and Dwight Bentel Hall. The A.S. Legal Services accounts finances legal advice for AS. busi- ness. Enrollment up, funds too continued from page time equivalency students en- rolled. The units of all stu- dents are totaled and then divided by 15 to determine the equivalent number of full-time students, Of SJSU\u2019s 25,479 students, 10. 444 are part-time students. More students drop classes during the spring semester than the fall semester, Foote said, but enrollment should remain above last year\u2019s. \"New students who enroll in the fall often find they\u2019ve taken on too big of a load,\" he said. \"Some just need a break ISO-page campus profile is compiled annually and sent to deans, department heads, and administrators. It gives a break down of students has 4.906 graduate stu- ( They ) often find they\u2019ve taken on too big of a load.\u2019 \u0097Jack Foote, institutional studies dents and 20,573 undergraduate students. Graduate students gen- erally take less units than under- graduates so it takes more of them to meet full-time equivalency stu- dent standards, Foote said Female students outnumber males by 483. The largest ethnic group is Caucasian at 58.8 per- cent. Asians comprise the second largest ethnic group at 15.8 per- cent. Hispanics comprise 4.8 per- cent of SJSU\u2019s student population, and blacks 4 2 percent MONEY. Let Kinko\u2019s help organize and distribute your supple- mentary class materials this term. \u0095\"4 \u0091\u0095 -4 24 110Up Great comes. Great people. 93 Paseo De San Antonio ,at St San Jose 295-4336 481 East San Carlos street san Jose 295-5511 Idnkogs\u0095 Page 4 ai\u00bbmMcl edges determined Aggies club By Dale Moul Daily staff writer The New Mexico State men\u2019s basketball team en- tered its matchup against the Spartans looking for its first win in the San Jose Civic Auditorium since the Ag- gies joined the PCAA. The Aggies will have to wait until next year to ac- complish that feat. The Spartans won by a 78-74 score in a game that saw take the initial lead and never look back, but saw a bench-clearing altercation in the waning min- utes of the second half Forward Ricky Berry scored 31 points his sec- ond-highest point total of the year --- before fouling out with 28 seconds left had a 16-point lead in the second half, and guard Herb Simon iced the game with two free throws with 16 seconds left Berry finished 10 of 14 from the field and he was four of six from the three-point range Entering last night\u2019s contest, the 6-foot-8 guard was averaging 18.4 points-per-game, sixth in the took a quick 4-0 lead to open the contest, but the Aggies just as quickly tied it back up. The Spartans looked as if they were playing with more than the legal limit of five players when they rat- tled off nine unanswered points to lead 13-4. The advantage was built to 16 when SJSU\u2019s Herb Simon and Lance Wyatt combined for seven points, during a Spartan spurt that saw them lead 22-8 with 9:16 left in the first half. However, the Aggies produced a 13-2 run to cut the lead to 24-21 with 3:34 left. New Mexico State took ad- vantage of Spartan foul trouble, adding foul points from the line. Aggie guard Kenny Travis chipped in seven points in the half, including a three-point shot during the comeback. Berry poured in 11 points in the last 3:10 of the half to pull the Spartans back into a comfortable 35-23 lead Berry finished with 14 first-half points, including two of three from the three-point range. Simon was second in first-half Spartan scoring with six. Three Spartan starters \u0097 forward Reggie Owens, center Gerald Thomas and guard Ward Farris \u0097 each had three personal fouls in the half. Wyatt, who spelled relief for Thomas, grabbed five rebounds in the half, to lead all players. Owens, who led the in rebounds with a 9.1 average going into the game, had four boards at the half Richard Hero - Daily staff photograPh9r Spartan center Gerald Thomas skies for two during last night\u2019s win over New Mexico State Baseball team loses fourth straight By Tom Morlan Daily staff writer The Spartans dropped their fourth game in as many tries to Stan- ford, 8-4, Wednesday at Sunken Di- amond. SJSU, 0-4, has been forced to play the (7ardinal, a perennial national power, two more games than was originally scheduled due to the recent inclement weather. Stanford erupted for three runs in the third inning. Spartan pitcher Larry McEvoy 10-21 began the inning by nailing Stanford\u2019s John Ramos Consecutive singles by Lance Shebe hit and Toi Cook drove in Rama, and Shebulet and Cook scored on a field- er\u2019s choice and a sacrifice fly. The Cardinal, 5-0, put the game away in the bottom of the sixth. Lead- ing 4-2, Stanford scored four runs by taking advantage of the wildness of the Spartan hurlers. Jeff Chesier and Matt McPeak gave up six walks in five innings, opening the door for a Cardinal scot 000 200 011 -4 Stanford 030 104 00X -8 McEvoy. Cheek+, (41, McPeek 171 and Verneist. Kunkel, Wassail/tar 15). Keyser 191 and Ramos Wassenaar, 1-0 -McEvoy, 12 Stanford. Debanon. log spree. The Spartans\u2019 Steve Ochoa said he was concerned about the team\u2019s start. \"We\u2019re just not playing baseball. We\u2019re making far too many mis- takes,\" he said. \"It\u2019s like we\u2019re going out there expecting to lose \" Ochoa cited a lack of experience as one of the reasons for the Spar- tans\u2019 slow start He also said that when makes a mistake or gets down by a couple runs, \"it seems like we give up.\" For the first time this season, all of Stanford\u2019s runs were earned. In the three previous contests, the Spar- tan defense was largely responsible for their downfall. Designated hitter Jeff Nollette continued his torrid hitting pace for the Spartans. So far this season, Nol- tette is hitting .412 with a double, a triple and a homer in 17 at bats. Fortunes may improve today Wolf Pack visits winless By Michael McCarthy Daily staff writer SJSU\u2019s baseball team looks to re- bound from early-season blues today as it opens up a four-game series against the University of Nevada - Reno. The Spartans began the season with four losses to a lough Stanford squad, and were unsure whether pitcher Anthony Telford would play. But Telford is back, and is primed to get untracked against a mediocre team with only five return- ers. It will be the Wolf Pack\u2019s opening game, coming off a 26-26 campaign in the West Coast Athletic Conference. \"We start the season with 18 Softball team sweeps Stanford The women\u2019s softball team opened the season with a 2-1, 1-0 dou- bleheader victory at Stanford yester- day afternoon. In the first game, senior Regina Aning put the Spartans ahead when she scored in the top of the first on an error by the Stanford shortstop Stanford tied the game in the brit - Associated Students Program 1111111P1.111, \u0095-\u0095 tom of the second when third base- man Christy Fiscalini scored on an error. Aning scored on a base hit by catcher Kelli Moulden to put the Spartans ahead for good. SJSU\u2019s only run in the second game came in the third inning when Aning scored her third run of the day. Board Dance to music by JAM, and morel PRUE) 10 In mien, Saturday, February 8 9 P.M. Student Union Ballroom Tidizts available at nude arid Business 011te 10Ian 00 genl.d Is 0000w 00 advitnre tiAll 1.10001 1 10,11.001110 ben101 11 Manell Fanashon ior Cancer Anti louomms 00111110/C0 No00\u009510o 0o\u0095\u0095\u0095\u0095\u0095 Swum straight road games coach Gary Powers said. \"We\u2019re just trying to get ourselves ready to play.\" The Wolf Pack is known to be a good hitting club, led by centerfielder Rob Richie and catcher Giovanni Puccinelli Richie, who also can pitch when called upon. batted .322 last year, with ten doubles and eight round trip- pers. Puccinelli was named to the all\u2019 conference team last season, with a lofty .395 bat ing average. Pitching is UNR\u2019s weak point, and although the team hit .317, their opponents batted .335 against Wolf Pack pitching. Sophomore Mark Pitchener, who is a junior college transfer from the College of the Canyons, will be start- ing today. He leads a staff that has not pitched an inning of four-year college baseball typical score for our team would be 16-14,\" said Paul Stuart, the sports information director at UNR. \"We are traditionally a good-batting team, but our pitching is totally un- tested.\" \"San Jose has a good nucleus of young ballplayers as good as some of the best teams around,\" Powers said \"We hope to stay in the game with them \" Baseball Schedule Today vs, Nevada -Reno, 2.30 p.m. Tomorrow vs Nevada -Reno IDHI, noon. Sunday vs. Nevada -Reno, 1 p.m. Wednesday vs. UC-Berkeley, 2 p.m. Fridays) Cal Poly SLO, 2:30 p.m. Feb. 15 at Cal Poly (OH), noon. Feb. 18 at UC-Davis, 2:30 p.m. Feb. 21 vs. St. Mary\u2019s, 2:30 p.m. Feb. 22 at St. Mary\u2019s IDHI, noon . . . * Attend New Student Orientation if you were admitted to the University in Fall \u201985 or Spring \u201986. Morris Dailey Auditorium, Feb. 7, 10-12 noon. \u0095 Request tutorial assistance by Feb. 7. \u0095 Update your E.O.P. file and submit class schedules by Feb. 14 * If you are on probation, sign up for a probation workshop by Feb. 14. Avoid problems with Financial Aid and your student status by contacting the E. OP. office immediately 217 277-2151 Friday, February 7, 1986/Spartan Daily Faded 49ers will prospect for victory By Dale Mout Daily staff writer wraps up its current four-game homestand against the once-proud Long Beach State men\u2019s basketball team that stumbles into the Civic Auditorium Saturday night at 7 : 30. The 49ers have fallen on hard times in the past few years, finding themselves at or near the bottom of the three years in a row. Actually, Long Beach State (5-16 overall and 1-9 in the before last night\u2019s game against Utah State) has more victories at this point of the season than it did all of last year when the 49ers finished 4-23. Coach Ron Palmer, in his second year with the 49ers who has a 9-39 collegiate re- cord, lives with the school\u2019s memories of the eight straight championships and high-powered teams put together by Jerry Tarkanian, currently the coach of the Univer- sity of Nevada-Las Vegas. After leading Long Beach Poly High School 10 31 wins and a state championship in the 1983-84 season, Palmer was hired to pilot the 49ers. Like Palmer, most of the Long Beach State\u2019s players had been in the high school ranks a year before. Palmer admits that the lack of experi- ence is a weakness on his team now, but hopes, with added playing time for the younger players, a payoff on his patience will come in the near future. The 49ers start only one senior, forward Stafford Hamlin, who is averaging 6.7 points per game. Freshman forward Andre Purry is sec- ond on the team in scoring with a 9.9 average and tops the club in rebounding at 5.6 per game. The rest of the starting squad consists of two sophomore guards, Billy Walker and Reggie Wallace, and second-year center DeAnthony Langston, who leads the team in scoring with an 11.3 average. Long Beach State had lost five straight games before the Utah State game, including losses to UC-Santa Barbara, 56-54, and Ful- lerton State, 75-58. The Spartans won the first meeting of the year beteen the two clubs, 72-62, in Long Beach on Jan. 20. NOTES: Last year, despite its 2-16 record, Long Beach State managed to gain a split in the two games it played against the Spartans each saw the other win on the opposition\u2019s home court defeated the 49ers. 73-67. at Long Beach whole the 49ers overcame the Spar- tans. 72-68. in San Jose. Tell everyone you love her Advertise in the Spartan Daily. Today, in front of the Student Union 9:30am-2pm Tomorrow 8:00 p.m. Her dream was to coach high school football Her nightmare was Central High Plums \u2019CtliffINODLICIION Parailli lila 5611 54.115 ittaciitoi 180058 Pink tion arsr61111101511TIll Souls 010181KI i, AiAt c cot ,.0d111211 111119 511611 eon by lilt Loos Op ated by Afl roe R...\u0095 4000 \u009500110 otiM1 10 960-9070 At 8:00 FEB. 8th \u00971111119 24 964 5610 At 8:00 P.M. Regular Engagement Starts February 14th At Theatre Near You\u2019 ime ong :hat day the ear w. rail me this this ear ear re- the and Try ifer- ligh pin iilot ach mol eri- but the will ard ints we - age per s of and iter 1 in ght ling the ong lest ans at oar - Spartan Daily/Friday, February 7, 1986 - Spartaguide Akbayan Filipino-American club will hold its first general meeting of the semester at 1:30 p.m today in the Student Union Almaden Room. For more information call Teresa Aquino at 251-4024, or Irene Sison at 988-2940. \u0095 \u0095 \u0095 Bulwer-Lytton Undergraduate Society will hold its first meeting of the semester at 1: 30 p.m today at the Faculty Offices Building, Room 104 For more informa- tion call Allison Heisch 277-2817 \u0095 \u0095 \u0095 Associated Students Program Board will present a video called Bay Area Back to College at 9 p.m. Saturday in the Student Union Ballroom. Admission for students is VI, general admission is $5 and admission at the door is $6. The first 100 hundred people will receive gifts. Proceeds will benefit T.T. Martell Foundation for Cancer and Leu- kemia Research. For more information call 277-2807. \u0095 \u0095 \u0095 The Hillel Jewish student Association will have a Bagel Brunch at 11:30 a.m. on Saturday and Sunday at the Hillel office, 300 S. 10th St. at the intersection of San Car- los Street. For more information call Pam at 294-8311. \u0095 \u0095 \u0095 Phi Chi Theta will have an information booth at the Business Club Faire Days. from to am to 2 p.m. on Mon- day in the Business Tower walkway. \u0095 \u0095 \u0095 Campus Crimes textbook was taken from a third floor classroom of MacQuarrie Hall at 6:45 p.m. Tuesday. The student had forgotten the book in class and upon returning for it, found that it was gone. The value of the book is $41.95 man was arrested by the campus police for causing \u0095 disturbance and refusing to leave Dwight Bentel Hall on an officer\u2019s request Tuesday. The Continuing Education Office filed a complaint be- cause Mohammad Esmail Moein was bothering the staff again about a grade appeal, after being asked not to do so earlier. Moein, 30, was belligerent and had to be handcuffed and taken out of the building, according to police. When the police conducted a records check, it was discovered that the man had an outstanding warrant for his arrest for failing to appear for a battery charge with another law enforcement agency. Moein was then booked at the county jail Phi Chi Theta will hold a meeting at 6 p.m. on Monday in 001. For more information call Cindy Ono at 277- 8374. Yesterdaily Campus President Gail Fullerton praised Gov. George Deukmejian\u2019s 1966-87 budget because it will give an extra $16 million to the California State University system for needed construction projects and repairs, and possibly render an expected 10 percent student fee increase unnec- essary. \u0095 \u0095 \u0095 The Student Union Board of Directors voted Tuesday to deny rental space in the Student Union. Dry Toast Peter Stein \" . . . So, in case of a nuclear attack, get under your desk, put your head between your legs and you\u2019ll be fine. 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CeRfornia 95192 Phone Days Omilmil Oak Letasul lulls 0111291 \u0095 Deadline: Two days prior to publication \u0095 Conoecutivri publication dates only \u0095 No refunds on cancelled ads 1111111=11==11 Page 6 COmganpum Friday, February 7, 1986/Spartan Daily Cadet membership expected to increase By Lynn Louie Dady staff writer The cadet program has almost half of its expected number of cadets for this time next year with less than two weeks left before the Feb. 16 deadline for applications, said Offi- cer Tom Pomeroy program coordi- nator. There are currently 27 cadets with hopes of 50 next year. Pomeroy said. The 6-year-old program is de- signed to instruct students working toward a career in law enforcement or those who are interested in learn- ing more about the field \"The program provides an excel- lent opportunity to gain practical ex- perience in the law enforcement field and serve the campus community while enhancing education,\" he said. It is primarily a volunteer pro- gram that is arranged around cadets\u2019 schedules. These sentinels walk around campus in uniforms of light and dark blue and act as the \"eyes and ears\" of the police department. Pomeroy said. Pomeroy said that the student puts in a lot of work and does not make much money. Cadets give directions, respond to calls, assist the campus police and direct emergency vehicles when nec- essary student need not be an adminis- tration of justice major to be a cadet The program invites all majors, Po- meroy said. The only requirement is that the person be a registered col- lege student. \"The program takes other ma- jors\u2019 experience and puts it to work,\" he said. Cadet IA. Margie Beiderman is one example. She is a graphic design major whose artistic skills have been used to design an informational piece and fliers about the program. After being accepted in the pro- gram, an applicant must complete a physical agility exam, oral inter- view, and a background investigation before beginning training. Five weeks of classroom instruc- tion then begins. Foot patrol con- cepts, basic criminal law, officer safety, arrest control techniques, cri- sis intervention, traffic control, radio procedures and report writing are taught . he new cadet will then apply what was Just learned in the class room to field instruction which must be accomplished with a UPI) cadet training officer \"The training is tough if you don\u2019t want to learn, otherwise it\u2019s in- teresting and fun if you do,\" said Steve McKean, cadet field training officer. Training officers are also stu- dents who have been through the pro- gram As students, cadet trainees may find them easier to relate to than officers. \"As students, we\u2019re models,\" said cadet Lt. Magdalena Cardona \"The cadets say, \u2019If they can do it, so can we Upon completion of field train- ing, the cadet will start with new du- ties. Cadets will have to put in 20 hours of mandatory time per month on foot patrol and in meetings, which is set up to fit each cadet\u2019s schedule. Cadets can also volunteer for ad- ditional foot patrol, plainclothes de- tails and uniformed ride-alongs with officers. Occasionally, paid jobs, such as dorm security or security for special events, come up which the cadet can take if desired. Education is of the utmost impor lance and staff members and the pro- gram coordinator realize it. If class and cadet work get to be too much. the cadet can either drop out of the program or request a leave of ab- sence. If leave is granted, the cadet will have six months to get organized or quit. Many cadets use their experi- ence to pursue careers in law en- forcement. Some have gone on I() work for local or federal law enforce ment agencies such as: the San Jose Police Department; the Mountain View Police Department ; the Bureau of Alcohol, Tobacco and Firearms; the and the Internal Revenue Service, Pomeroy said. \"You can just go in and apply, but this is an extra benefit,\" said cadet field training officer Sandra Marshall, an administration of jus- tice major \"The experience is like getting bonus points. You have more confidence in yourself and what you can do,\" she said. It also isn\u2019t uncommon for a cadet to become a officer. Re- cently hired officer Michael Ores- chak had been in the cadet program. Four others. Greg Acton. Barry Bar \u0095 Pollee Cadet Lts. Magdalena Cardona and a rgie Heider in a n discuss Police Cadet pi* ner, Margaret Skerry. and Alex Dou- rov, participated in the program and were hired by the department at dif- ferent times, said UPI) Information Officer Russ Lunsford Acton, Barner and Skerry ( for- merly known here as Margaret Edi- 11o), are now with local police depart- ments. Dourov is still with the campus police. Whether or not a student decides lii go into law enforcement after going through the program, the expe- rience gained is valuable, he said. Obituary Owen Payne service tomorrow funeral service will be held to, l\u2019ayne was a Nay) pilot ruin morrow for Owen Payne, who served 1942-19514 He flew more than 60 mis- 15 years in the service of the univer- stony and received the Navy Cross for sity, 12 years on security and three valor. years in parking enforcement. He worked as a personnel man - Payne died Monday evening of ager for Ferry Morse Seed Company. heart failure Ile was 63 director of industrial relations at Payne started as a watchman on Fine Foods, in the service of the campus in 1970 One year later his Burn\u2019s Detective Agency and was position was renamed to campus self-employed prior to his employ- guard He became a parking officer ment at SJSF. in June of 1902 In August of the same He also served four years in the year he was named supervising park- Navy reserves. ing officer. He is survived by his sons Thomas, John its en and Christo- pher, his daughter Mary Lynn and his sister Bev Johnson Saturday\u2019s services will be held at 11:30 a.m. at Darling-Fisher Gar- den Chapel, 471 E. Santa Clara St visitation is today between 3 and 9 p.m at the same location. The burial will be held Tuesday at a.m. at the Oakwood Cemetary on Paul Sweet Road in Santa Cruz. There will be military honors at the grave site. School denied access to loan program ( Al\u2019, For the first time, the California Student Aid Commission is barring a school from participation in the guaranteed stu- dent loan program. The move, announced yesterday was part of a \"get lough\" stance in- tended to shore up a federal loan pro- gram that now is more than 0310 mil- lion in default Executive Director Samuel Kipp said that the move was against the Academy of Stenographic Arts in San Francisco. The complaints include having a rising default rate and failing to re fund more than $170,0(x) to 167 stu\u0095 dents who did not complete classes The private, for-profit academy offers training in court reporting and business, and in the last year has seen its default rate swell from 6 5 percent to 19 percent. GREKAPLAN1 StAr.aly 1.1 it ANI(1111 IN!Ht The world\u2019s leading test prep organization IN901.1.1610 Ni 1,1., at ow COMO!. 499 HomIton frwr Poin As 94301 0, Coll days (41)327-O$41. School officials were unavailable for comment. \"For too long, a number of loan program participants, including schools, lenders and students, have disregarded their responsibilities, re- sulting in a spiraling default rate which threatens the integrity of the entire program,\" Kipp said \u2019 Guaranteed student loans have become the single largest source of student financial aid for California students, over $720 million in 1985 alone.\" He said the availability of loan funds for the majority of students is being \"jeopardized by the actions of a few 309 (408)277 2985/2986 \"It\u2019s a great reference for any- thing, especially the volunteer part,\" Said McKean, an accounting major. \"It shows responsibility and hard work used to reach a goal.\" Cardona, Marshall and McKean plan to go into law enforcement ca- reers but Beiderman is not sure. She said that even if she decides not to go into law enforcement, her experience will have been worthwhile. \"It\u2019s given me a lot of experi- ence, dealing with the public and learning how to communicate,\" Bei- derman said. \"It\u2019s shown me what law enforcement is all about, but I\u2019m not sure about pursuing a career in the field.\" Cadets can be distinguished from the police officers by the color of their uniforms. Officers wear khaki - colored uniforms while the cadets wear blue. The program brings a lot of pride to those involved. Good comments are heard from other police depart- ments, schools, and law enforcement agencies, McKean said. Rollie Tyler is the movies\u2019 best special effects man. He can show you a thousand ways to die. Now somebody wants him to do it for real. But is he the weapon or the victim? He\u2019s going to need every trick from every movie he ever made just to get even... and get out alive. It\u2019s more than real... Its 11111111, Specialite Effects Jay Dunlap Daily staff photographer ogram during an interview. The cadets save the university thousands of dollars a year through the great amount of manpower, Lunsford said. \"The success or failure of the program is with the people that go through the program,\" Pomeroy said. \"It must meet the depart.. ment\u2019s, cadets\u2019 and university\u2019s needs.\" \"The program is for them the students),\" Cardona said.\"They have to want it as much as we want them CLIff DoYOLINC CCI1I1 InERI \u0095 11111191111111111"} |
7,612 | Johnny Langley | Truman State University | [
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"7612_102.pdf",
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] | {"7612_101.pdf": "archive.today webpage capture Saved from no other snapshots from this url search 18 Mar 2025 11:44:44 All snapshots from host share download .zip report bug or abuse Buy me a coffee Webpage Screenshot 2 Truman State Professors Resign After Assault Complaint By Robin Wilson January 17, 1997 Two tenured professors have resigned from Truman State University following a student\u2019s complaint of sexual assault. According to university officials, the student, a senior, told them and the police last August that she had been assaulted in the home of David C. Williams, a professor of language and literature. However, the student, Tasha Amick, told police she could not recall who had assaulted her, the university said. Ms. Amick said Dr. Williams was there, as was John Langley, an associate professor of communications, and another professor whose name has not been revealed. She said the professors may have given her drugs to make her forget the evening, according to Dr. Langley. No criminal charges have been brought, and prosecutors have dropped the case. In an interview, Dr. Langley denied that he or the other professors had assaulted Ms. Amick. She met the professors in a bar, he said, and went with them to Dr. Williams\u2019s home. Dr. Langley said Ms. Amick took off her clothes in front of the professors, propositioned him, and asked him for a good grade in a course he taught that she planned to take. Dr. Langley said he declined her offer. He said that Dr. Williams ended up sleeping in the same bed with Ms. Amick that evening, but that they did not have sex. Dr. Williams and Ms. Amick could not be reached for comment. Top Jobs from The Chronicle Vice President for Finance and Administration South Dakota Mines President - University of Louisiana Monroe University of Louisiana System (Planning or Impact Development) New York University School of Professional Studies Visiting Assistant Professor of Philosophy Wofford College Search All Jobs Upcoming Events: Virtual Career Fair Women's Leadership Program Subscribe Sign In Sections Topics Magazine Newsletters Virtual Events Store Jobs Dr. Langley said he and Dr. Williams had been charged with violating a campus policy that forbids\"amorous\u201d relationships between professors and the students they supervise. Truman State officials had recommended that the two be dismissed, and they had faced a forthcoming hearing before the faculty\u2019s Committee on Tenure. Dr. Langley said he and Dr. Williams wanted to avoid an expensive legal battle, and so agreed to the university\u2019s request that they resign. Even if he had won his case, Dr. Langley added, the charges had already stigmatized him.\"We didn\u2019t want to fight for a chance to come back to a job we wouldn\u2019t feel comfortable in,\u201d he said. Warren L. Wells, general counsel to Truman State, declined to discuss details of the case. He said the professors had resigned because\"we had very good evidence\u201d against them. In a statement, Mr. Wells said the resignations\"eliminate the need for a long, arduous, and expensive legal process.\u201d The other professor who was at Dr. Williams\u2019s home the night of the alleged assault has not faced disciplinary charges. Both Dr. Williams and Dr. Langley were suspended with pay in September, pending the investigation. Under their agreement to resign, they will be paid through the end of this academic year but will not work on the campus. We welcome your thoughts and questions about this article. Please email the editors or submit a letter for publication. About the Author Robin Wilson Robin Wilson began working for The Chronicle in 1985, writing widely about faculty members\u2019 personal and professional lives, as well as about issues involving students. She also covered Washington politics, edited the Students section, and served as news editor. Share Subscribe Today Explore Content Latest News Newsletters Letters Free Reports and Guides Professional Development Virtual Events Chronicle Store Chronicle Intelligence Jobs in Higher Education Post a Job Know The Chronicle About Us Vision, Mission, Values at The Chronicle Write for Us Work at The Chronicle Our Reporting Process Advertise With Us Brand Studio Accessibility Statement Account and Access Manage Your Account Manage Newsletters Individual Subscriptions Group and Institutional Access Subscription & Account Get Support Contact Us Reprints & Permissions User Agreement Terms and Conditions Privacy Policy California Privacy Policy Do Not Sell My Personal Information 1255 23rd Street, N.W. Washington, D.C. 20037 \u00a9 2025 The Chronicle of Higher Education The Chronicle of Higher Education is academe\u2019s most trusted resource for independent journalism, career development, and forward-looking intelligence. Our readers lead, teach, learn, and innovate with insights from The Chronicle.", "7612_102.pdf": "Professor accused of assault resigns The Associated Press Truman State University instructor who was accused by a student of sexual assault has resigned. Johnny Langley, an associate professor of communications, will remain on a leave of absence until his contract ends next May, the university's general counsel, Warren Wells, said Wednesday. He was suspended Sept. 11 Langley has also withdrawn a sexual harassment complaint he filed Nov. 7 against the student, who had accused him and two other instructors of sexually assaulting her in August at a home near Kirksville second instructor was suspended with pay along with Langley in September, and the university took no action against the third. Langley had alleged in his complaint that the student offered to trade sex for a top grade in a class she had been scheduled to take from him this fall. Wells said there would be no further hearing on Langley's charges criminal investigation ended without charges. The Adair County prosecutor said no charges would be filed after tests done by the state crime lab were negative."} |
7,888 | Riley Dunlap | Washington State University – Pullman | [
"7888_101.pdf"
] | {} |
9,062 | Robert Sandford | Marietta College | [
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] | {"9062_101.pdf": "sandford/article_f791dd9e-0960-5613-bcfa-7753f4922198.html Anderson takes stand in his defense, blames Sandford Athens Staff Aug 22, 2002 It didn't take long for defense attorney George Cosenza to point the finger Tuesday at deceased Ohio University employee in his defense of a former Marietta College professor charged with hundreds of child pornography counts. The ex-professor, Eugene Robert Anderson, 52, is standing trial in Washington County Common Pleas Court in a case that has significant news interest in Athens. Last week the state laid out most of its case against Anderson. Once Cosenza was through leading Anderson through his educational experience and his computer expertise -- more than two decades at Marietta College teaching computer science and maintaining the school's computer system -- the lawyer quickly turned to his client's relationship with the late Robert Sandford. Sandford was originally named as a co-defendant in the case, but died mysteriously last March of toxic poisoning from a chemical used to enhance the growth of plants. Sandford, an amateur botanist, had been using the chemical in his home. Months earlier, Sandford had told officials that someone had tried to poison him with a batch of tainted cookies that were left inside his vehicle at an parking lot. Washington County Coroner Ken Leopold said examiners found traces of rat poison in Sandford's system at the time of his death, according to initial autopsy reports. Sandford also had complained of anonymous harassment at work, apparently connected to the child pornography charges that had been leveled against him in Washington County. Washington County authorities are still investigating Sandford's death, though it's doubtful those findings will be released before the completion of Anderson's trial. 2/16/25, 10:50 Anderson takes stand in his defense, blames Sandford | Local News | athensnews.com 1/4 In his opening argument on Aug. 7, Cosenza said his defense of Anderson would show that Sandford was responsible for the pornographic material, maintained a secret computer server on the Marietta College campus, and had access to Anderson's office and the computer room at Marietta College even after taking a computer specialist job at in 1999. About 30 minutes into Anderson's testimony on Tuesday, Cosenza played his \"dead man defense\" card. \"Did you put child pornography on your computer?\" he asked Anderson. \"No,\" Anderson replied emphatically. \"Now, what about the jazz disks? Who gave you those jazz disks?\" Cosenza asked about a number of disks that were found to have had pornographic images on them. \"Robert Sandford,\" Anderson answered. The name would echo throughout the courtroom of Washington County Common Pleas Judge Susan Boyer the rest of the day. Anderson, former director of information technology at Marietta College, faces 138 felony counts ranging from corruption of a minor to solicitation for prostitution as well as charges of using the Internet to distribute child pornography. If convicted on all counts, Anderson faces a $1.1 million maximum fine and up to 575 years in prison. The first defense witness called by Cosenza, Anderson spoke slowly and deliberately, as he detailed his efforts to upgrade Marietta College's computer system after arriving at the college in 1981. Only once did he show emotion -- when Cosenza asked about his divorce from his wife of 30 years, Suzanne, this past year. Anderson appeared to fight back tears as he reached for the tissues brought to him by the bailiff. After a brief delay, Anderson began documenting the nature of his relationship with Sandford, maintaining that they became lovers after Sandford left Marietta College for OU. \"He said he was bisexual, and we talked about it in the abstract. We talked about it for several weeks,\" Anderson testified said don't think can do that while you're still working for me because it could be in violation of the school's sexual harassment policy. 2/16/25, 10:50 Anderson takes stand in his defense, blames Sandford | Local News | athensnews.com 2/4 \"In the summer of 1999 he told me he was leaving (for OU) and said, 'Well, you're not working for me anymore. You want to try it?\" Anderson then pinned the pornographic images -- which were retrieved from jazz disks via a specialized software program found in Anderson's Marietta College office -- on Sandford, who he said had given him the disks. He recalled that Sandford had come to Anderson's Vienna, W.Va. home sometime in May 2000 to assist him in wiping clean a computer. Anderson had bought his wife and himself new computers, and his wife had decided to take the old computer they had been sharing to her school. Anderson's wife teaches in Parkersburg had gay chats had hidden on the computer,\" Anderson testified. \"She decided since had a new computer she was going to take the old computer to school.\" At the time, Anderson explained the nature of his problem to Sandford. \"Rob (Sandford) is much better at hardware than am, so he came with a skuzzy board and three or four jazz disks brought my (PC) tower from the office. We hooked up the skuzzy to the computer, copied the material to the jazz disks, and deleted it from the computer.\" Anderson claimed that's how the material -- which was recovered on the jazz disks and on Anderson's office computer by the Ohio Bureau of Criminal Investigation's Computer Crime Unit through a specialized software program that finds deleted files and folders -- ended up on the jazz disks and his office computer. Anderson testified that Sandford gave him two more jazz disks during the summer of 2000 that Anderson placed in a carousel in his office. When he opened one of them, he said, it appeared to be a blank disk and he used it for backing up his office computer computer specialists testified earlier to being able to retrieve child pornography from disks in Anderson's office. Anderson also offered an educated guess on how child pornography got on a disk in his office, basing his guess on his technical background in computers. First, he noted that a device was needed to create, or burn CDs, and he did not have such a device until August 1999. Ohio agent Robert Setzer testified that the erasure dates on the were between Jan. 3, 1996 and Jan. 15, 1997. 2/16/25, 10:50 Anderson takes stand in his defense, blames Sandford | Local News | athensnews.com 3/4 During his testimony, Anderson also responded to a prosecution charge regarding child pornography on a Paint Shop Pro program on Anderson's office computer. Using an easel to sketch the computer paths, Anderson looked like the professor who taught computer science for 20 years at Marietta College. He told his classroom of jurors how a file is created, then traced the directories with his marker. He said the Paint Shop Pro file was first created on a hard drive based on the file's \"value\" name. \"When the is burned, it has to be burned from a hard drive and copied over exactly the way the files are,\" he said. Anderson said it had already been testified that he and Sandford shared images on the secret server, called \"Caleb,\" on which the might have been burned. Again, Anderson reiterated that he did not have the equipment to burn a until the summer of 2000 -- three years after the testified retrieval dates. Jim Swauger, a computer specialist for the Ohio BCI's Comput 2/16/25, 10:50 Anderson takes stand in his defense, blames Sandford | Local News | athensnews.com 4/4", "9062_102.pdf": "From Casetext: Smarter Legal Research Anderson v. McBride United States District Court, S.D. Ohio, Eastern Division Aug 15, 2008 NO. 2:05-cv-1089 (S.D. Ohio Aug. 15, 2008) Copy Citation Download Check Treatment Take care of legal research in a matter of minutes with CoCounsel, your new legal assistant. Try CoCounsel free NO. 2:05-cv-1089. August 15, 2008 KEMP, Magistrate Judge and Petitioner, a state prisoner, brings the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. \u00a7 2254. On February 28, 2007, proceedings were stayed pending petitioner's exhaustion of state remedies. Doc. No. 32. On Sign In Search all cases and statutes... Opinion Case details 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 1/47 The procedural history of this case is detailed in this Court's prior Report and Recommendation, June 16, 2006, Doc. No. 11, but is repeated here. The Ohio Fourth District *2 Court of Appeals summarized the facts of this case as follows: September 4, 2007, upon petitioner's notification of exhaustion, proceedings were reactivated. Doc. No. 35. This matter now is before the Court on the instant petition, respondent's return of writ and supplemental response(s), petitioner's traverse and supplements to the traverse, and the exhibits of the parties. Petitioner's unopposed motion to amend claim four \"to rest on federal Fourteenth Amendment substantive due process violations,\" see Motion to Amend, hereby is GRANTED. For the reasons that follow, the Magistrate Judge that this action be and 2 Eugene R. Anderson appeals his Washington County Court of Common Pleas' convictions and sentences for three counts of pandering obscenity involving a minor, felonies of the second and fourth degrees, in violation of R.C. 2907.321(A)(1), (3) (5), thirty-six counts of pandering sexually oriented matter involving a minor, felonies of the second and fifth degrees, in violation of R.C. 2907.322(A)(1), (2), (3) (5), twenty counts of complicity in pandering sexually oriented matter involving a minor, felonies of the second and fifth degrees, in violation of R.C. 2923.03(A)(2) and R.C. 2907.322(A)(1), (2), (3), (5), fourteen counts of illegal use of a minor in nudity-oriented material, felonies of the second and fifth degrees, in violation of R.C. 2907.323(A)(1) (3), twenty-eight counts of complicity in illegal use of a minor in nudity-oriented material, felonies of the second and fifth degrees, in violation of R.C. 2923.03(A)(2) and R.C. 2907.323(A)(1) (3), one count of unauthorized use of a computer, a felony of the fifth degree, in violation of R.C. 2913.04(B), one count of corruption of a minor, a felony of the third degree, in violation of 2907.04(A) and five counts of promoting prostitution, felonies of the second degree, in violation of R.C. 2907.22(A)(3). 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 2/47 *** Law enforcement officers began investigating Anderson, who lived in West Virginia but worked in Ohio at Marietta College, because of Jay Johnson's statements that criminal activity was ongoing at Marietta College. This investigation led to search warrants for Anderson's residence and work place where officers seized items that included computers and computer media. Officers arrested Anderson. After the officers explained to him that he was charged with unlawful sexual conduct with a minor, Anderson responded, \"Not now, I'm not.\" Anderson told the officers that his office computer should not have any child pornography on it. However, he said that he did have sexual relationships with young adult males. He admitted that *3 he entertained young male teens in the hope that they would engage in sex with him when they turned 18. 3 Anderson admitted to having adult pornography on his computer. He said that, figuratively speaking, his robotic arm on his computer would capture pictures from the internet. He said that he would go through the pictures and delete the ones that he did not want. When an officer showed him a couple of pictures of young males that were minors on his computer, he said that those pictures should not be there, that they should have been deleted. Trained forensic officers and analysts examined the computers and used an EnCase program to look at deleted files. Anderson's work computer had recently accessed a computer identified as \"Caleb.\" Officers discovered that Caleb was a special computer server that only Anderson and a Robert Sandford could access. While officers were investigating the Marietta College Network, they later learned that Sandford was deleting and damaging information on Caleb from computers at Ohio University, which is where Sandford worked. Officers eventually located Caleb at Marietta College and disabled and seized it. 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 3/47 At B.C.I., the forensic officers continued to use EnCase and other methods to image or copy the computer hard drives, storage devices, and Caleb to recover deleted data. They found images of child pornography and evidence that Anderson used and maintained Caleb as a hidden server to store pictures, which included images of child pornography. These images depicted juveniles that were nude or engaged in sexual activity. The computer examiners also found close to 8,000 internet relay chat transcripts. One officer identified chats that Anderson had with young men that he had transported from West Virginia to Marietta College so that they could engage in sexual activity. This officer further found evidence in the chat logs where Anderson admitted paying these young men for *4 sexual activity when they were under the age of 18. Anderson talked about his vast collection of pornographic pictures and described as \"more taboo\" pictures that depicted sex between older men and boys. The chat logs further showed that Anderson used Caleb and helped Sandford set up and maintain it at Marietta College. In the chat logs, Anderson repeatedly identified himself, his position, his e-mail address and telephone numbers. 4 Investigators used the information in the chat logs to identify the young teenagers that Anderson had relationships with. One relatively local victim, who used the name \"Boxerboy\" in the chats, was Dustin Williams from Jackson, Ohio. Officers identified the pornographic pictures that Boxerboy took of himself and sent to Anderson before he was 18. Officers identified Jay Johnson, Jason Ek and Brian Sidwell as young men whose pictures were found on Anderson's computers and whose names appeared in the chat logs. The grand jury indicted Anderson. He pled not guilty to all the charges and had a jury trial. The young men that the investigators identified in the chat logs testified at trial that their relationships with Anderson started when they were young teenagers. They described the gifts and money that 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 4/47 *5 State v. Anderson, 2004 413273 (Ohio App. 4 Dist. March 2, 2004). Represented by new counsel, petitioner asserted the following assignments of error on appeal: Anderson provided them and how he paid them to go to his office and have sex. Their mothers testified about the time of their sons' relationships with Anderson and about the gifts and money their sons received from him. The state introduced into evidence numerous images of child pornography. The jury found Anderson guilty of 108 criminal offenses and found him not guilty of 25 criminal offenses. The trial court sentenced him to a total of 75 years and four (4) months definite time and four years to 25 years indefinite time in prison with consecutive maximum sentences for the offenses where he had direct contact with the young men and where he actively participated in the creation of the child pornography. 5 th I. The evidence presented at trial was insufficient to sustain Eugene Anderson's convictions for pandering obscenity involving a minor; pandering sexually oriented matter involving a minor; illegal use of a minor in nudity-oriented material; complicity in pandering sexually oriented matter involving a minor; complicity in illegal use of a minor in nudity-oriented material; promoting prostitution; and corruption of a minor, and the jury's verdicts were against the manifest weight of the evidence, thereby denying him due process of the law. Fourteenth Amendment, United States Constitution; Section 16, Article I, Ohio Constitution. II. The trial court erred by overruling Eugene Anderson's motion to dismiss Count 131, because the reproduction of a chat log is not a crime. Fourteenth Amendment, United States Constitution; Section 16, Article I, Ohio Constitution. III. The trial court erred by imposing maximum and consecutive sentences, and the aggregate sentence imposed was disproportionate to the seriousness of Eugene Anderson's conduct.\" 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 5/47 See id.; Exhibit 8 to Return of Writ. On March 2, 2004, the appellate court affirmed the trial court's judgment. Still represented by counsel, petitioner filed a timely appeal. He raised the following assignments of error: *6 Exhibit 11 to Return of Writ. On July 13, 2004, the Ohio Supreme Court denied leave to appeal and dismissed the appeal as not involving any substantial constitutional question. Exhibit 13 to Return of Writ. On December 9, 2004, the United States Supreme Court denied petitioner's petition for a writ of certiorari. On August 16, 2004, petitioner filed a pro se delayed application to reopen his appeal pursuant to Ohio Appellate Rule 26(B). Exhibit 14 to Return of Writ. On September 1, 2004, the appellate court denied petitioner's application as untimely. Exhibit 15 to Return of Writ. Petitioner apparently never filed an appeal of the appellate court's decision to the Ohio Supreme Court. On August 23, 2004, he filed a pro se petition for post conviction relief with the state trial court in which he asserted that his sentence violated Blakely v. Washington, 542 U.S. 296 (2004). Exhibit 18 to Return of 1. Child pornography and sexual offenses against children do not suspend the Ohio and Federal Constitutions defendant charged with such crimes needs the protection of the provisions of the constitutions as much as the defendant charged with a less disdainful offense. Fifth and Fourteenth Amendments, United States Constitution; Section 16, Article I, Ohio Constitution. 6 2. The reproduction of a chat log does not \"show\" a minor participating or engaging in sexual activity. Unless an image is associated with the chat log, a defendant may not be convicted of pandering sexually oriented matter involving a minor. Fifth and Fourteenth Amendments, United States Constitution. 3. Imposition of a prison term that exceeds the life-expectancy of a defendant, who has been convicted on non-violent crimes, places an unnecessary burden on governmental resources in violation of R.C. 2929.13(A) and is a cruel and unusual punishment that violates the Eighth and Fourteenth Amendments to the United States Constitution. 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 6/47 Writ. On September 15, 2004, petitioner filed an amended petition for post conviction relief, additionally asserting that the statute of limitations had expired on count one, that his right to free speech had been violated, and that he was denied the effective *7 assistance of trial and appellate counsel. Exhibit 20 to Return of Writ. On July 17, 2006, the trial court denied petitioner's post conviction petition as untimely. On March 27, 2007, the appellate court affirmed the trial court's judgment. State v. Anderson, 2007 949470 (Ohio App. 4 Dist. March 27, 2007). On July 25, 2007, the Ohio Supreme Court dismissed petitioner's subsequent appeal. State v. Anderson, 114 Ohio St.3d 1481 (2007). 7 th On December 2, 2005, petitioner filed the instant pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. \u00a7 2254. He alleges that he is in the custody of the respondent in violation of the Constitution of the United States based upon the following grounds: 1. The evidence presented at trial was insufficient to sustain the petitioner's convictions for pandering obscenity involving a minor; pandering sexually oriented matter involving a minor; illegal use of a minor in nudity oriented material; complicity in pandering sexually oriented matter involving a minor; complicity in illegal use of a minor in nudity oriented material; promoting prostitution; and corruption of a minor. 2. The petitioner was denied his due process, notice, and trial by jury rights, as guaranteed by the Fifth and Sixth Amendments to the United States Constitution, when he was sentenced to non- minimum, maximum, and/or consecutive sentences based on facts found by the trial judge which were neither charged in an indictment nor found by a jury beyond a reasonable doubt. (Blakely claim). 3. The petitioner was denied due process of law when he was convicted and sentenced on count 1 of 01-CR-238, in that the statute of limitations had expired for the underlying offense prior to his being charged. 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 7/47 *9 4. The petitioner's right to free speech, guaranteed by the First Amendment of the United States Constitution, was violated *8 when he was convicted and sentenced for count 131 of 01-CR-218. 8 5. The petitioner was denied effective assistance of trial counsel, in violation of the Sixth Amendment of the United States Constitution. 6. The petitioner was denied effective assistance of appellate counsel, in violation of the Sixth Amendment of the United States Constitution. It is the position of the respondent that petitioner's claims are procedurally defaulted or without merit In claim one, petitioner asserts that the evidence is constitutionally insufficient to sustain his convictions. The state appellate court rejected this claim in relevant part as follows: Counts 1-20 (Fuji Disk) A. In his first assignment of error, Anderson first contends that his conviction is not supported by sufficient evidence. Specifically, Anderson argues that in counts one through twenty he was charged with the reproduction (\"copying\") of ten images involving child pornography and possession of the same ten images that were found on a Fuji Disk CD. He maintains that the state did not produce any evidence showing that he copied those ten images onto the and/or that he viewed them. Anderson also claims that the state did not show that he had knowledge of the material as required under the statutes. 9 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 8/47 The Ohio Supreme Court has clearly outlined the role of an appellate court presented with a sufficiency of evidence argument. \"An appellate court's function when reviewing the sufficiency of the evidence to support a criminal conviction is to examine the evidence admitted at trial to determine whether such evidence, if believed, would convince the average mind of the defendant's guilt beyond a reasonable doubt. The relevant inquiry is whether, after viewing the evidence in a light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt.\" State v. Jenks (1991), 61 Ohio St.3d 259, 574 N.E.2d 492, paragraph two of the syllabus. See, also, Jackson v. Virginia (1979), 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560. The elements of an offense may be established by direct evidence, circumstantial evidence or both. See State v. Durr (1991), 58 Ohio St.3d 86, 568 N.E.2d 674. Circumstantial and direct evidence are of equal probative value. See Jenks at 272, 574 N.E.2d 492 (\"Circumstantial evidence and direct evidence inherently possess the same probative value [and] in some instances certain facts can only be established by circumstantial evidence.\") When reviewing the value of circumstantial evidence, we note, \"The weight accorded an inference is fact-dependent and can be disregarded as speculative only if reasonable minds can come to the conclusion that the inference is not supported by the evidence.\" Wesley v. The McAlpin Co. (May 25, 1994), 1st Dist. No. C-930286, citing Donaldson v. Northern Trading Co. (1992), 82 Ohio App.3d 476, 483, 612 N.E.2d 754. See, also, State v. Coe (2003), 153 Ohio App.3d 44, 2003-Ohio-2732. This test raises a question of law and does not allow the court to weigh the evidence. State v. Martin (1983), 20 Ohio App.3d 172, 175, 485 N.E.2d 717. Rather, this test \"gives full play to the responsibility of the trier of fact fairly to resolve conflicts in the testimony, to weigh the evidence, and to draw reasonable inferences from basic facts to ultimate facts.\" Jackson, 443 U.S. at 319. Accordingly, the weight given to the evidence and the credibility of witnesses are issues primarily for the trier of fact. State v. Thomas (1982), 70 Ohio 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 9/47 *10 St.2d 79, 79-80, 434 N.E.2d 1356; State v. DeHass (1967), 10 Ohio St.2d 230, 227 N.E.2d 212, paragraph one of the syllabus. 10 In counts one through twenty, the state charged Anderson with various violations of Ohio's child pornography statutes. R.C. 2907.321(A)(1), (3) (5) provides: \"No person, with knowledge of the character of the material or performance involved, shall * * * reproduce * * * any obscene material that has a minor as one of its participants or portrayed observers; [or] * * * produce * * * an obscene performance that has a minor as one of its participants; [or] * * * possess or control any obscene material, that has a minor as one of its participants[.]\" R.C. 2907.322(A)(1), (2), (3) (5) provides: \"No person, with knowledge of the character of the material or performance involved, shall * * * reproduce any material * * * [or] transport any material * * * [or] produce a performance * * * [or] possess * * * any material that shows a minor participating or engaging in sexual activity, masturbation, or bestiality[.]\" R.C. 2907.323(A)(1) provides: \"No person shall * * * produce or transfer * * * any material or performance that shows the minor in a state of nudity * * * [or] possess or view any material or performance that shows a minor who is not the person's child or ward in a state of nudity[.]\" Here, contrary to Anderson's argument, the state produced substantial circumstantial evidence that Anderson did copy the ten separate images onto the Fuji disk CD, viewed those same ten images and had knowledge of the material. The state first established that someone had to copy the images onto the CD, i.e. this type of would have been blank when new. The officers found the in Anderson's office in a stack of disks on his computer desk. The had other images on it, including the and series, which Anderson talked about in various chats. 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 10/47 In a chat, Anderson talked to Boxerboy about the series, which he said turned him on. He told Boxerboy that he was \"missing BC054, 055, 057, and 075\" but had the rest of BC01 *11 through BC105. Specialist Jim Swauger testified that the same numbered images were missing from the series on the and that all the remaining images of the series were on the CD. Anderson also talked to Boxerboy about the and series. 11 Agent Robert Setzer testified that he found a Paint Shop Pro browser file on the with the name of \"anderson.er\" in it, and Anderson's office computer had a hard drive with a volume label of \"er.anderson.\" He said that this identifying evidence means that the file may have come from the hard drive of Anderson's office computer. Setzer further testified that Anderson's office computer had a Netscape program installed on it. The program showed that the computer had accessed newsgroups associated with child pornography, such as alt.binaries.pictures.erotica.teen.male, alt.binaries.pictures.boys, alt.binaries.pictures.erotica.teen.femal and alt.binaries.pictures.erotica.teen.femal. Anderson admitted to Sgt. Richard Meeks that he used a robotic arm to obtain pornographic images from newsgroups on the internet that he subscribed to. He said that he then looked at each captured image and deleted the ones that he did not want. Sgt. Meeks testified that he found chats where Anderson gave _ udeTodd advice on downloading pictures from newsgroups. He told _udeTodd how to download pictures and have only \"pics\" on the hard drive. \"Pick all of the articles. Right click. And pick decode binary from popup menu.\" Anderson asked _udeTodd about alt.binaries.erotica.teen.male and said that he had a few \"dad/son pics,\" which were \"more taboo.\" Anderson said to _udeTodd, \"Wait till you see my collection.\" During a later chat, Anderson discussed a third person with _udeTodd and said, \"We found each other, looked at naked boy pictures on news servers.\" Anderson said that he just got the pictures \"from alt.binaries.erotica.teen.male in the boys group.\" In January 1998, Anderson said that he had \"5000 plus 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 11/47 *12 pics.\" In a chat with Ezzz in December 1999, Anderson said that he had 10,000 plus pics from alt.binaries.teen.erotica.male. 12 In a chat with chadchen on September 26, 2000, Anderson said that he had seen a lot of naked \"pics\" from the republic, and that he had \"a couple of series of naked teens, eighteen plus at [his] office.\" He went on to say that he had a big server at his office that held about 150,000 pictures, and that he had been collecting pictures for years. He later told chadchen that he was transmitting from his office some pictures for him and said had earlier uploaded them.\" Anderson told chadchen that he did not permanently keep \"X-rated shit\" on his Unix system at work. He said that he put it on that day so that he could download it that night. The same images that were on the in question were also found on Caleb. Only Anderson and Sandford had root access to Caleb. The state introduced more circumstantial evidence that Anderson had knowledge of the nature of the material. In one chat Anderson discussed the Mike series and said, \"Some are of guys ten or so don't molest kids that age, just find their bodies attractive sometimes.\" In the Til_11m chats and pictures, Anderson solicited and received pictures of an 11-year-old boy on December 14, 2000. The Til_11m pictures were still on Anderson's office hard drive when the officers seized his computer on December 15, 2000. The Paul10yrld chat also shows that Anderson had a sexual interest in a 10 year old when he asked for, and apparently received, a picture. In conclusion, after viewing the circumstantial evidence in a light most favorable to the prosecution, we find that any rational trier of fact could have found the essential elements of each of the twenty crimes proven beyond a reasonable doubt, and specifically, that Anderson copied and possessed the ten images on the in question and that he did so with knowledge of the nature of the 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 12/47 *13 material. Hence, we find that the convictions in counts 1-20 are supported by sufficient evidence. B. 13 Anderson also argues that the above twenty jury verdicts are against the manifest weight of the evidence and points to places in the record that support his defense version of the facts. Anderson points out that the earliest creation date for the was January 1996, which is right after Sandford came to work at Marietta College. Sandford talked about copying CDs in one of his chats and had access to Anderson's office because he knew the combination to the lock. Anderson points out that the labels on the did not match the labels found on the other CDs in his office. Anderson contends that his office computer might not have been able to read the because one of the state's experts testified that he could not read the duplicate sent to him for analysis. Anderson further points out that the last creation date for the was January 1997, and he did not have a copier until August 1999. He states that his office computer's multimedia player history file showed that no files were viewed from the in question. He maintains that in all of his chats, he never talked of copying a with pictures on it or even mentioned a CD. He points out that the state's expert did not know who placed the images on the or know if he ever looked at, reviewed or accessed those ten images. The state points to places in the record to support its version of what it maintains happened. The state's version has Anderson copying and possessing the ten images on the with knowledge of the nature of the material. The state agrees with Anderson that it did not have direct evidence to prove that he copied and possessed the with knowledge of the nature of the material. However, the state contends that the lack of direct evidence does not render its circumstantial evidence incredible or impossible because elements of a crime can be proven by circumstantial evidence, which has the 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 13/47 same probative weight as any direct evidence. The state maintains that a forensic computer examiner will rarely, if ever, be able to find evidence actually placing a person at the keyboard committing crimes. The state further points to evidence in a January 1998 chat where Anderson talked to Boxerboy about copying images at least twice. The state claims that the record only shows that *14 Anderson said that he did not copy the CD, not that he never talked in all his chats about copying a with pictures on it or even mentioned a CD. Finally, the state points out that Anderson's office computer's media player history file would not show that he had viewed any of the images on the because still images would not be played on a media player. 14 *** Here, Anderson points to places in the record that support his defense version of the facts and the state does the same to support its version of the facts. The jury heard both versions. It chose to believe the state's version and not believe Anderson's version. We reviewed the record and are mindful that the jury was in the best position to judge the credibility of the witnesses and the weight to be given the evidence. We cannot say, in resolving conflicts in the evidence, that the jury clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed and a new trial granted. The state introduced substantial circumstantial evidence to show that Anderson copied and possessed the ten images on the with knowledge of the nature of the material. Hence, we find that the convictions in counts 1-20 are not against the manifest weight of the evidence. Counts 127 and 128 (Jaz Disk 2) A. The grand jury indicted Anderson in count 127 with illegal use of minor in nudity-oriented material and in counts 128, 129 and 130 with pandering sexually oriented matter involving a minor. The jury found Anderson guilty of counts 127 and 128 and not guilty of 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 14/47 *15 counts 129 and 130. The offenses charged in counts 127 and 128 involve deleted images that the state recovered. 15 Anderson argues that the state did not produce sufficient evidence to support the convictions in counts 127 and 128. He contends that the state did not show that he created, produced, transferred and/or reproduced the images boyparty01.mpg and _bl.mpg, which were on the Jaz Disk 2. The state did produce substantial circumstantial evidence to show that Anderson did copy the images onto the disk with knowledge of the nature of the material. Officers found this disk on a small, round, wooden stand in Anderson's office along with three other Jaz disks. Anderson had a shortcut icon on his desktop screen to a Jaz drive attached to his computer for use. Anderson chatted with _udeTodd in January 1998 about his Jaz drive and Jaz disks. The _udeTodd chats were found on the Jaz Disk 2. Agent Setzer found 790 log files or chats on Jaz Disk 2, which contained internet relay chat logs with Anderson's chat nicknames. One of the charged images with the name of boyparty01 was also listed on Anderson's office computer in his Windows Media player library. This evidence is important because both of the charged offenses in counts 127 and 128 were still images from movie files. The name boyparty01 helps to show that Anderson had knowledge of the nature of the material. Other images on Jaz Disk 2 appeared to have been produced in Anderson's office because of the same type of background. After viewing the circumstantial evidence in a light most favorable to the prosecution, we find that any rational trier of fact could have found the essential elements of the two criminal offenses proven beyond a reasonable doubt, and specifically, that Anderson copied the two images on the Jaz Disk 2 and that he did so with knowledge of the nature of the material. Hence, we find that sufficient evidence supported both convictions. B. 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 15/47 Anderson also argues that the two verdicts were against the manifest weight of the evidence. Anderson's version of the *16 facts has Sandford copying the two images onto the Jaz Disk 2 without Anderson's knowledge. 16 Anderson maintains that Sandford gave him the Jaz Disk 2 in November or December 1997. Anderson said that he used the disk to store his adult pornography. Anderson claims that he gave the disk back to Sandford in March 2000. Sandford then gave the disk back to Anderson in the summer of 2000. Anderson said that he did not know that the two charged images were on the disk when he got it back. Anderson admitted talking about a Jaz disk in some of his chats but said that he was referring to a different Jaz disk, not Jaz Disk 2. Anderson points out that the officers did not find the disk inserted in his Jaz drive, that there is no direct evidence that he copied the two images, and that someone, not him, deleted all the images from the disk. The state admits that it did not produce any direct evidence that Anderson copied the two images with knowledge of the nature of the material but instead relies on the same circumstantial evidence it outlined in it sufficiency of the evidence argument. Here, Anderson points to places in the record that support his defense version of the facts and the state does the same to support its version of the facts. The jury heard both versions. It chose to believe the state's version and not believe Anderson's version for these two counts. The jury sorted through the evidence and found Anderson not guilty of counts 129 and 130. We reviewed the record and are mindful that the jury was in the best position to judge the credibility of the witnesses and the weight to be given the evidence. We cannot say, in resolving conflicts in the evidence, that the jury clearly lost its way and created such a manifest miscarriage of justice that the convictions must be reversed and a new trial granted. The state introduced substantial circumstantial evidence 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 16/47 to show that Anderson copied the two images onto the Jaz Disk 2 with knowledge of the nature of the material. Hence, we find *17 that the two convictions are not against the manifest weight of the evidence. 17 Jaz Disk 3: Counts 22-68 (even numbered counts) A. The grand jury indicted Anderson in even numbered counts 22-68 for Pandering Sexually Oriented Matter Involving a Minor in violation of R.C. 2907.322(A)(5), except count 32 was for Pandering Obscenity Involving a Minor in violation of R.C. 2907.321(A)(5) and count 34 was for Illegal Use of a Minor in Nudity Oriented Material in violation of R.C. 2907.323(A)(3). These charges against Anderson involved the \"possession\" part of each of the statutes. Anderson argues that insufficient evidence supported his convictions in the even numbered counts 24-68. The jury found him not guilty of count 22. Anderson contends that the state did not show that he \"had knowledge of the character of the material or performance contained in the images on that disk.\" Here, the state did produce substantial circumstantial evidence to show that Anderson did have knowledge of the character of the material on Jaz Disk 3. Officers found this disk with the other jaz disks on the small, round, wooden stand in Anderson's office with the notation \"ERA, volume 2\" written on it. Sgt. Meeks testified that the initials appeared similar to the initials Anderson placed on his Miranda rights waiver form. The deleted images on this disk comport with the information in the chats, i.e. Anderson said that he would not keep the \"x-rated\" material that he received that day on his computer permanently, but would download it that night. The deletions also comport with Agent Setzer's testimony about Jaz Disk 1, i.e. the jaz disks were used to backup hard drives. Anderson's office computer had path information that mapped it directly to the 40 hard drive on Caleb. Specialist Swauger found 19 (18 pictures and 1 chat) of the 23 offenses involving material *18 from the Jaz 18 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 17/47 *19 Disk 3 also on the 40 gigabyte hard drive on Caleb. In a chat with _udeTodd in January 1998, Anderson said have a Jaz, one gigabyte.\" Anderson offered to bring one gigabyte of pictures to _udeTodd later that night. Later in the chat, Anderson told _udeTodd to bring his own removable Jaz disk. After viewing this circumstantial evidence in a light most favorable to the prosecution, we find that any rational trier of fact could have found the essential elements of the criminal offenses proven beyond a reasonable doubt, and specifically, that Anderson had knowledge of the character of the material that he possessed on Jaz Disk 3. Hence, we find that the convictions in even numbered counts 24-68 are supported by sufficient evidence. B. Anderson also argues that the verdicts in even numbered counts 24- 68 were against the manifest weight of the evidence. Anderson's version of the facts has Sandford deleting the material on Jaz Disk 3 and then giving Anderson the disk in the summer of 2000. Anderson says that he did view the disk, but it was blank. Anderson maintains that the state did not prove beyond a reasonable doubt that he had knowledge of the nature of the material contained on the disk. He claims that the last access date for the pictures on the Jaz Disk 3 was April 28, 2000, and he did not get the disk until the summer of 2000. He says that there is no evidence that he possessed the disk before April 28, 2000. Agent Setzer testified that it was possible that the files were deleted before Anderson got the disk, and that it was possible that Sandford deleted the files on the disk. Anderson states that he was talking about a different Jaz Disk in his chats. He claims that he was talking about a disk on which he stored about 5,000 pictures of adult pornography. Setzer found only 2,789 pictures on Jaz Disk 3. 19 The state admits that it did not produce any direct evidence that Anderson had knowledge of the character of the images in Jaz Disk 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 18/47 *20 3 that he possessed but instead relies on the same circumstantial evidence it outlined in its sufficiency of the evidence argument. Here, Anderson points to places in the record that support his defense of the version of the facts and the state does the same to support its version. The jury heard both versions. It chose to believe the state's version and not believe Anderson's version for these counts. The jury sorted through the evidence and found Anderson not guilty of count 22 and not guilty of the odd numbered counts 22-68 (except 33) involving reproducing these same images. We reviewed the record and are mindful that the jury was in the best position to judge the credibility of the witnesses and the weight to be given the evidence. We cannot say, in resolving conflicts in the evidence, that the jury clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed and a new trial granted. The state introduced substantial circumstantial evidence to show that Anderson had knowledge of the character of the images found on the Jaz Disk 3 in his possession. Hence, we find that the convictions in even numbered counts 24-68 are not against the manifest weight of the evidence. Counts 69-108, 188-201 (Caleb Complicity Counts) A. The grand jury indicted Anderson in counts 69-108 and 188-201 with Complicity in Pandering Sexually Oriented Matter Involving a Minor in violation of R.C. 2923.03(A)(2) and R.C. 2907.322(A)(1), (2), (3) (5) and Complicity in Illegal Use of Minor in Nudity Oriented Material in violation of R.C. 2923.03(A)(2) and R.C. 2907.323(A)(1) (3). 20 Anderson argues that insufficient evidence supports his convictions on these counts. He maintains that the state did not show that he \"aided or abetted Robert Sandford in any way.\" 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 19/47 R.C. 2923.03(A)(2) provides: \"No person, acting with the kind of culpability required for the commission of an offense, shall * * * [a]id or abet another in committing the offense[.]\" The offense in some of these counts is Pandering Sexually Oriented Matter Involving a Minor, and the offense in the remaining counts is Illegal Use of Minor in Nudity-Oriented Material. Here, the state did show that Anderson aided and abetted Sandford in copying and possessing the images involving child pornography onto the 40-gigabyte and 8.4 gigabyte hard drives on Caleb. The images involving counts 69-108 and counts 188-201 were first found on the 8.4-gigabyte drive with exact images later found on the 40- gigabyte drive. John Davis testified, and Anderson admitted at trial, that after Sandford left Marietta College and went to work at Ohio University, Anderson permitted Sandford to install and operate Caleb at Marietta College conditioned on Anderson's own \"root\" access. He worked with Sandford to collect pictures and knew about the images Sandford was harvesting and storing on Caleb. Several times Anderson discussed the Caleb collection as \"pics\" that he owned or possessed with Sandford. He referred to the Caleb server as a joint venture. In a chat with Sandford on November 3, 2000, Anderson said, \"I'm busy consolidating the pics we have.\" (Emphasis added.) Sandford was the internet manager at Marietta College before he left and went to Ohio University. In a chat with _udeTodd on January 18, 1998, Anderson said, \"But have a gay/bi Internet manager [i.e. Sandford] who is on my staff. He is twenty-eight. We found each other, looked at naked boy pictures on news servers. We both have Unix super user privs.\" (Emphasis added.) Caleb was a Unix server. In another chat with Sandford, Anderson asked him if he was going to put one of two 40 gigabyte disks into Caleb and then asked, *21 \"What are we going to use the 40 megabyte [sic] for would like to dump all my pics there and use Samba; that way nothing is on my PC.\" (Emphasis added.) Sandford told him that was fine and, \"[y]ou 21 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 20/47 can use as much as you like.\" Anderson responded, \"And of course, you can help yourself.\" Sandford set up Anderson's account and gave him superuser access so that they both could have access to each other's pictures. Anderson ended up authorizing the purchase by Marietta College of a Maxtor Diamond 40 gigabyte hard drive for Sandford in exchange for some independent contracting work that Sandford was doing for the college. Once when Anderson had trouble accessing Caleb, he told Sandford in a chat put my year's worth of pics on that 40 gigabyte drive hope it isn't lost. We need to stabilize Caleb so it can be used.\" (Emphasis added.) Specialist Swauger found that the child pornography images on the 8.4-gigabyte hard drive were attributable to Sandford because the directory information showed that Sandford was the user of the drive. The same images were under Anderson's home directory on the 40 gigabyte hard drive, which contained the robotic arm that the user set up to automatically go to user selected newsgroups and harvest binary information, i.e. all the picture and movie files. Anderson's office computer showed several binary newsgroups that he belonged to with some newsgroup names suggesting that child pornography images were included. Instead of a robotic arm on the 8.4-gigabyte hard drive, Swauger found under \"rsdandfor's\" account two private web pages, which harvested newsgroup information indirectly by harvesting directly from the 40-gigabyte hard drive, instead of directly from newsgroups. One of the private web pages harvested child pornography images indirectly from seven different newsgroups. Hence, the circumstantial evidence the state produced showed that Sandford transferred the pictures involved in counts 69-108 and 188-201 to his 8.4-gigabyte hard *22 drive from Anderson's 40- gigabyte hard drive. 22 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 21/47 In a July 20, 2000 chat with Boxerboy, Anderson talked about hiding and moving pictures. He suggested that Boxerboy \"zip\" the images and \"them to our safe Linux server here.\" (Emphasis added.) In the same chat, Anderson offered to let Boxerboy \"scan my 130K pics.\" Swauger extracted a total of 273,463 pictures on the Caleb 40 gigabyte hard drive. Using a random sample procedure, Swauger estimated that 46,894 of the total pictures were child pornography, i.e. 14 year old or younger, and 32,796 of the total pictures were questionable child pornography, i.e. between the ages of 14 and 18. Swauger found 14,202 pictures on the 8.4 gigabyte hard drive of which 6,001 were estimated pictures of child pornography up to age 14 and 600 were questionable child pornography of children ages 14 to 18. Swauger testified that Anderson and Sandford used the superuser or root password that allowed them complete and unrestricted use of all the hard drives on Caleb, including access into any private directories. The chats corroborate that Anderson wanted the ability to navigate the entire system. After viewing this circumstantial evidence in a light most favorable to the prosecution, we find that any rational trier of fact could have found the essential elements of the criminal offenses proven beyond a reasonable doubt, and specifically, that Anderson aided and abetted Sandford in reproducing and possessing the images in issue with knowledge of the character of the material that Sandford reproduced or possessed on Caleb. Hence, we find that sufficient evidence supports the convictions in counts 69-108 and 188-201. B. Anderson also argues that the verdicts in counts 69-108 and *23 188- 201 were against the manifest weight of the evidence. Anderson's version of the facts has Sandford accessing the 40-gigabyte hard drive and restricting Anderson's access to the files that Sandford created. 23 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 22/47 Anderson maintains that the state did not prove beyond a reasonable doubt that he aided and abetted Sandford. He claims that while that was a robot on the 40-gigabyte hard drive, there is no evidence that he knew about the robot or that he put the robot on the hard drive or that he wrote the program for the robot. He contends that Swauger could not classify any of the pictures found on the 40-gigabyte hard drive as child pornography. He maintains that his chats with others do not show that he helped Sandford move pictures from the 40-gigabyte hard drive to the 8.4-gigabyte hard drive. Anderson says that Sandford owned Caleb, and he just had an account. He contends that Sandford installed the 40-gigabyte hard drive and transferred the pictures to his web page so that he could view the pictures, not Anderson. Sandford is the one that deleted and damaged the files, not Anderson. Swauger said that Sandford owned the robot, not Anderson, and that it is possible that Sandford owned all the pictures on the 40-gigabyte hard drive. The logs show that Sandford logged onto the entire system many more times than Anderson did. Finally, Anderson points out that he ordered the 40-gigabyte hard drive to put adult porn on, not child porn. Here, Anderson points to places in the record that support his defense of the version of the facts and the state does the same to support its version. The jury heard both versions. It chose to believe the state's version and not believe Anderson's version for these counts. The jury sorted through the evidence and found Anderson guilty. We reviewed the record and are mindful that the jury was in the best position to judge the credibility of the witnesses and the weight to be given the evidence. We cannot say, in resolving conflicts in the evidence, that the jury clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed and *24 a new trial granted. The state introduced substantial circumstantial evidence to show that Anderson aided and abetted Sandford in reproducing and possessing the images with knowledge of the character of the 24 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 23/47 material. Hence, we find that the convictions in counts 69-108 and 188-201 are not against the manifest weight of the evidence. Promoting Prostitution-Five Counts A. The grand jury indicted Anderson in a separate case with five counts of knowingly transporting Jason Ek, Brian Sidwell and Jay Johnson acrossed (sic) the boundary of West Virginia and into Ohio in order to engage in sexual activity for hire in violation of R.C. 2907.22(A)(3). Two of the five counts involve allegations that Ek and Sidwell were minors at the time of the offense. The trial court consolidated this case with the prior case, and the same jury rendered verdicts in both cases. Anderson argues that insufficient evidence supports his convictions on these counts. He maintains that the state did not show that he hired Ek, Sidwell and Johnson for sex and failed to show that any of them were minors. R.C. 2907.22(A)(3) provides: \"No person shall knowingly [t]ransport another, or cause another to be transported across the boundary of this state or of any county in this state, in order to facilitate the other person's engaging in sexual activity for hire violation of this statute is a felony of the fourth degree, but if the person transported is a minor, then a violation of this statute is a felony of the third degree. Count 1 occurred in 1992 when it was a felony of the second degree. Here, the state did show that Anderson hired Ek, Sidwell and Johnson for sex and did prove that on two of the occasions Ek and Sidwell were still minors. Anderson knew Ek when Ek *25 was around 14 years old. He would call or page Ek about every other day and Ek would leave with him. Ek's mother said that her son would return with expensive clothes and shoes that she did not buy for him. Ek said that he would go with Anderson to restaurants, stores, \"his college\" and his house. He said that Anderson bought him 25 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 24/47 *26 things and helped him get a pager. He said, \"Sometimes [Anderson] would give me money; sometimes he wouldn't mean, it was like he would do me favors, and then it led up to like having sex later or paid-you know paid him back or help him do like an odd job or something.\" Ek admitted that he met Anderson a few times each week for oral sex at Anderson's college office. He said that a couple of times Sandford was with them in the office while the sex acts were going on. He said that he did not remember his age when the sex started. He said that Anderson tried to coach him on what to say at trial and told him that the sex started when he was above the age of consent. Specifically, he told Ek that the sex started when Ek was seventeen. Sidwell said that he met Anderson when he was \"around ten or eleven years old\" and started getting in the car with him when he was 13 or 14 years old. Anderson began to touch Sidwell's chest, stomach and underarms. Around age 15, Anderson told him \"that he'd like to screw young boys in their behind A-S-S.\" Anderson would buy things for Sidwell and give him about $20 to $30 every other week. Anderson asked Sidwell if he would have sex with another man \"in front of him so he could tape it and add it to his collection.\" He also asked him if he could touch his penis. Anderson showed him a picture of himself performing oral sex on a male and asked him if he would \"like to make a little extra money\" \u2014 $25 to $30. Later when Sidwell needed money, he agreed. He said that he was 15 or 16 when it first started. In a chat, Anderson told jey2 that he had been doing Sidwell since he was 16. Anderson encouraged Sidwell to not co-operate with authorities. Sidwell also identified an adult photo, which showed Anderson performing oral sex on him. Johnson testified that he was an adult when Anderson took him to his college office and paid him to engage in sex. 26 Anderson admitted that the two had a sexual relationship, but denied paying him for sex. In Anderson's chats, he included Johnson in his list of his regulars or his \"guys\" with whom he 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 25/47 performed fellatio. In general, Anderson admitted in his chats that he paid for sex. Anderson told BadBoy_19 in a chat never call it cost. Gift is better words and more legal usually help my guys out here to the tune of $30.00 to $50.00, but not always in cash, and not always as a quid pro quo.\" He told Taz420 why his payments and gifts were not prostitution view it as a date. * * * Prostitution is more narrow, an agreed-upon sum up front, straight exchange for sex.\" He told VbDrum, \"Well have paid some guys here to do it, much cheaper. Like $30.00 for a BJ.\" Anderson told mellowher when talking about muscular good-looking college boys, \"There is one 19- year-old student at a nearby college use. The rate seems to be $50.00 and a nice dinner, etc., with expectation of oral sex: Older blowing younger.\" He told Hang10 pay my guys $30.00 for a BJ, too.\" After viewing this direct and circumstantial evidence in a light most favorable to the prosecution, we find that any rational trier of fact could have found the essential elements of the five criminal offenses of promoting prostitution proven beyond a reasonable doubt, and specifically, that Anderson repeatedly transported Ek, Sidwell and Johnson from West Virginia to Ohio to engage in sexual activity for hire and that Ek and Sidwell were under the age of 18 when he first started bringing them to Ohio for sex. Hence, we find that the five convictions are supported by sufficient evidence. B. Anderson also argues that his five criminal convictions for these five offenses were against the manifest weight of the evidence. Specifically, Anderson contends that the state did not prove beyond a reasonable doubt that he hired Ek, Sidwell and Johnson for sex and did not prove that Ek and Sidwell were *27 under the age of 18 when the sex started. 27 Anderson points out that Ek never testified that he paid him for sex and that Ek could not remember his age when the sex started. He 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 26/47 State v. Anderson, supra, 2004 413273. *28 states that the evidence shows that he was generous with Ek but that does not mean it was prostitution. He states that Sidwell could not remember his age when the sex started and no force was involved. Sidwell kept spending time with him, and it was Sidwell who called him for a ride or cigarettes. He said that Johnson only went to the authorities when he was in trouble with the law. While he had sex with Johnson when Johnson was an adult, he denied that he paid Johnson. Here, Anderson points to places in the record that support his defense of the version of the facts and the state does the same to support its version. The jury heard both versions. It chose to believe the state's version and not believe Anderson's version for these five counts. The jury sorted through the evidence and found Anderson guilty of the five prostitution counts. We reviewed the record and are mindful that the jury was in the best position to judge the credibility of the witnesses and the weight to be given the evidence. We cannot say, in resolving conflicts in the evidence, that the jury clearly lost its way and created such a manifest miscarriage of justice that the convictions must be reversed and a new trial granted. The state introduced substantial direct and circumstantial evidence to show that Anderson transported Ek, Sidwell and Johnson from West Virginia to Ohio to engage in sexual activity with them for hire and that Ek and Sidwell were under the age of 18 when he first transported them to Ohio for sex. Hence, we find that the five convictions are not against the manifest weight of the evidence. Accordingly, we overrule Anderson's first assignment of error. 28 The factual findings of the state appellate court are presumed to be correct. 28 U.S.C. 2254(e)(1) provides: In a proceeding instituted by an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court, a determination of a factual issue made by a State court shall 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 27/47 Id. Maldonado v. Wilson, 416 F.3d 470, 475 (6 Cir. 2005). Petitioner has failed to meet this standard here. be presumed to be correct. The applicant shall have the burden of rebutting the presumption of correctness by clear and convincing evidence. Further, a federal habeas court may not grant relief unless the state court decision contravened or unreasonably applied clearly established federal law or was based on an unreasonable determination of the facts. 28 U.S.C. 2254(d) provides: An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim \u2014 (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in State court proceeding state court's determination is contrary to federal law when the state court arrives at a conclusion opposite to that reached by the Supreme Court on a question of law or on indistinguishable facts. Williams v. Taylor, 529 U.S. 362, 412-13, *29 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000 state court's decision is an unreasonable application of federal law when the state court correctly identified the applicable legal principle from Supreme Court precedent, but applied that principle to the facts before it in an unreasonable manner. Id. at 413, 120 S.Ct. 1495. 29 th To the extent that petitioner asserts his convictions are against the manifest weight of the evidence, such claim is not appropriate for federal habeas 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 28/47 corpus review. The Due Process Clause does not provide relief for defendants whose convictions are against the manifest weight of the evidence, but only for those who have been convicted without enough proof to allow a rational trier of fact to find guilt beyond a reasonable doubt. Walker v. Engle, 703 F.2d 959, 969 (6 Cir. 1983). In the context of a claim alleging a violation of due process, \"sufficiency of the evidence refers to the due process requirement that there be enough evidence introduced in favor of the prosecution for a rational trier of fact to find each element of the crime beyond a reasonable doubt.\" Jackson v. Virginia, 443 U.S. 307, 319 (1979). In reviewing a sufficiency of the evidence claim, a federal habeas court must defer to the trier of fact with respect to issues of conflicting testimony, weight of the evidence, and the credibility of the witnesses. Jackson, 443 U.S. at 319; Walker, 703 F.2d at 969. th However, under Ohio law, a claim that a verdict was against the manifest weight of the evidence \u2014 as opposed to one based upon insufficient evidence \u2014 requires the *30 appellate court to act as a \"thirteenth juror\" and review the entire record, weigh the evidence, and consider the credibility of witnesses to determine whether \"the jury clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed and a new trial ordered.\" State v. Martin, 20 Ohio App.3d 172, 175 (1983); cf. Tibbs v. Florida, 457 U.S. 31 (1982). Since a federal habeas court does not function as an additional state appellate court, vested with the authority to conduct such an exhaustive review, petitioner's claim that his convictions were against the manifest weight of the evidence cannot be considered by this Court. 30 Petitioner does assert that the evidence was constitutionally insufficient to sustain his convictions. Before a criminal defendant can be convicted consistent with the United States Constitution, there must be sufficient evidence to justify a reasonable trier of fact to find guilt beyond a reasonable doubt. Jackson v. Virginia, supra, 443 U.S. at 319. To determine whether the evidence was sufficient to support a conviction, this Court must view the evidence in the light most favorable to the prosecution. Wright v. West, 505 U.S. 277, 296 (1992) (citing Jackson, at 319). The prosecution is not affirmatively required to \"rule out every hypothesis except that of guilty.\" Id. (quoting Jackson, at 326). \"[A] reviewing court 'faced with a record that 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 29/47 supports conflicting inferences must presume \u2014 even if it does not appear on the record \u2014 that the trier of fact resolved any such conflicts in favor of the prosecution, and must defer to that resolution.'\" Id. (quoting Jackson, at 326). Petitioner makes all of the same arguments he presented to the state appellate court. Upon review of the record, this Court agrees that, when viewing all of the evidence in the *31 light most favorable to the prosecution, Jackson v. Virginia, supra, the evidence was constitutionally sufficient to sustain petitioner's convictions. The state appellate court's decision is not unreasonable so as to justify federal habeas corpus relief. 28 U.S.C. \u00a7 2254(d), (e); Williams v. Taylor, supra. 31 Claim one is without merit In recognition of the equal obligation of the state courts to protect the constitutional rights of criminal defendants, and in order to prevent needless friction between the state and federal courts, a state criminal defendant with federal constitutional claims is required fairly to present those claims to the highest court of the state for consideration. 28 U.S.C. \u00a7 2254(b), (c). If he fails to do so, but still has an avenue open to him by which he may present the claims, his petition is subject to dismissal for failure to exhaust state remedies. Id.; Anderson v. Harless, 459 U.S. 4, 6 (1982) (per curiam); Picard v. Connor, 404 U.S. 270, 275-76 (1971). If, because of a procedural default, the petitioner can no longer present his claims to a state court, he has also waived them for purposes of federal habeas review unless he can demonstrate cause for the procedural default and actual prejudice resulting from the alleged constitutional error. Murray v. Carrier, 447 U.S. 478, 485 (1986); Engle v. Issac, 456 U.S. 107, 129 (1982); Wainwright v. Sykes, 433 U.S. 72, 87 (1977). In the Sixth Circuit, a four-part analysis must be undertaken when the state argues that a federal habeas claim is precluded by the petitioner's failure to observe a state *32 procedural rule. Maupin v. Smith, 785 F.2d 135, 138 (6 Cir. 1986). \"First, the court must determine that there is a state procedural rule 32 th 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 30/47 that is applicable to the petitioner's claim and that the petitioner failed to comply with the rule.\" Id. Second, the Court must determine whether the state courts actually enforced the state procedural sanction. Id. Third, it must be decided whether the state procedural forfeiture is an adequate and independent state ground on which the state can rely to foreclose review of a federal constitutional claim. Id. Finally, if the Court has determined that a state procedural rule was not complied with and that the rule was an adequate and independent state ground, then the petitioner is required to demonstrate that there was cause for him not to follow the procedural rule and that he was actually prejudiced by the alleged constitutional error. Id. This \"cause and prejudice\" analysis also applies to failure to raise or preserve issues for review at the appellate level. Leroy v. Marshall, 757 F.2d 94 (6 Cir. 1985). th In clam three, petitioner asserts that he was improperly convicted on count one because the statute of limitations had expired. In claim four, petitioner asserts he was denied his right to freedom of speech by his conviction on count 131 of 01-CR-218. In claim five, petitioner asserts that he was denied the effective assistance of trial counsel. All of the foregoing claims should have been raised on direct appeal, where petitioner was represented by new counsel, but were not. Further, petitioner may now no longer present such claims to the state courts under Ohio's doctrine of res judicata. See State v. Cole, 2 Ohio St.3d 112 (1982); State v. Ishmail, 67 Ohio St.2d 16 (1981); State v. Perry, 10 Ohio St.2d 175 (1967). The state courts were never given the opportunity to enforce the procedural *33 rule at issue due to the nature of petitioner's procedural default. Petitioner attempted to present these claims in his September 3, 2004, post conviction petition; however, the state appellate court affirmed the trial court's dismissal of petitioner's post conviction petition as untimely. This Court therefore deems the first and second parts of Maupin to have been met. 33 In claim two, petitioner asserts that his sentence violated Blakely. This claim, being readily apparent from the face of the record, also would properly be raised on direct appeal; however, petitioner was sentenced and the state appellate court affirmed his convictions and sentence prior to the United States Supreme Court's June 24, 2004, decision in Blakely. Petitioner filed his notice of appeal and memorandum in support of jurisdiction in the Ohio 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 31/47 Supreme Court on April 16, 2004, also prior to Blakely. Further, petitioner argues that Ohio law did not permit him to amend his memorandum in support of jurisdiction before the Ohio Supreme Court to include a Blakely claim after the time that Blakely was decided. See Memorandum in Response to Recommendations, Doc. No. 31; Ohio Supreme Court Rule of Practice VIII, Section 7. Petitioner thereafter first presented his *34 Blakely claim to the state courts in his application to reopen the appeal pursuant to Ohio Appellate Rule 26(B); however, the state appellate court denied petitioner's application as untimely, Exhibit 15 to Return of Writ, and petitioner failed to file a timely appeal of the appellate court's decision to the Ohio Supreme Court. Further, he may now no longer do so, as Ohio does not permit delayed appeals in Rule 26(B) proceedings. Ohio Supreme Court Rule of Practice II, Section 2(A)(4)(c). Therefore, petitioner waived his Blakely claim as well as claim six, in which he asserts the ineffective assistance of appellate counsel. Again, the state courts were never given an opportunity to enforce the procedural rule due to the nature of petitioner's procedural default. 1 34 1 Ohio Supreme Court Rule of Practice VII, Section 7 provides: Corrections or additions to previously filed documents party who wishes to make corrections or additions to a previously filed document shall file a revised document and copies that completely incorporate the corrections or additions. The revised document shall be filed within the time permitted by these rules for filing the original document, except that corrections or additions shall not be made to a motion if a memorandum opposing the motion has already been filed. Time permitted by these rules for filing any responsive document shall begin to run when the revised document is filed. The Clerk shall refuse to file a revised document that is not submitted in the form and within the deadlines prescribed by this rule. As discussed, petitioner attempted to present his Blakely claim to the state courts in an untimely post conviction petition; however, the state appellate court refused to address the merits of the claim because petitioner had not met the requirements for consideration of an untimely post conviction petition under O.R.C. \u00a7 2953.23: 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 32/47 Eugene Robert Anderson appeals the Washington County Common Pleas Court's dismissal of his petition for post-conviction relief for lack of jurisdiction. The crux of Anderson's argument is that the trial court erred when it dismissed his petition as untimely filed, because the United States Supreme Court recently created a new federal right exempting him from the 180-day-filing requirement contained in R.C. 2953.21. Namely, Anderson contends that the United States Supreme Court's decision in Blakely v. Washington (2004), 542 U.S. 296 *35 created a new federal right entitling him to relief. Because we have already addressed this issue in State v. Wilson, Lawrence App. No. 05CA22, at \u00b6 14, 2006-Ohio-2049, and found that Blakely did not create a new federal right, Anderson does not satisfy the first prong of the two-pronged test in R.C. 2953.23(A) (1), which creates an exception to the 180-day-time requirement for filing a post-conviction petition. Therefore, we find that the trial court did not err in finding that Anderson did not timely file his petition or demonstrate an exemption from the time requirement. Consequently, the trial court correctly determined that it lacked jurisdiction to consider the merits of Anderson's petition and dismissed it. Accordingly, we affirm the judgment of the trial court. 35 I. The trial court convicted Anderson in 2002, and sentenced him in early 2003. Anderson appealed. The transcript for an appeal to this court was filed on March 7, 2003. We affirmed the trial court's judgment in State v. Anderson, Washington App. No. 03CA3, 2004- Ohio-1033, appeal not allowed by State v. Anderson, 102 Ohio St.3d 1533, 2004-Ohio-3580, and certiorari denied on December 6, 2004, by Anderson v. Ohio, 543 U.S. 1027. On September 3, 2004, Anderson filed his petition for post- conviction relief, alleging that the Blakely decision required the court to revisit its sentencing decision. On July 17, 2006, the court dismissed Anderson's petition because it lacked jurisdiction. The court found that he did not file the petition within the 180-day-time period as required by R.C. 2953.21(A)(2), and that he failed to show 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 33/47 that any of the exceptions to the filing deadline set forth in R.C. 2953.23 applied. Specifically, the court found that \" Blakely did not create a new right [when it was decided in 2004] because the Constitutional principal announced in Blakely was recognized and articulated in 2000 in Apprendi v. New Jersey (2000), 530 U.S. 466.\" Anderson timely appeals, asserting that the trial court erred *36 when it found that Blakely did not create a new federal right. 36 II. The crux of Anderson's contention is that the trial court erred when it dismissed his petition for post-conviction relief, because he failed to timely file it. He does not dispute that he failed to file his petition within the 180-day-time period prescribed by R.C. 2953.21(A). Instead, he argues that an exception contained in R.C. 2953.23(A)(1) excuses his late filing. Pursuant to R.C. 2953.23(A)(1), a court may not entertain a delayed petition for post-conviction relief unless the petitioner satisfies a two-pronged test. First, the petitioner must show either: \"that the petitioner was unavoidably prevented from discovery of the facts upon which the petitioner must rely to present the claim for relief, or, subsequent to the period prescribed in [R.C. 2953.21(A)(2)] or to the filing of an earlier petition, the United States Supreme Court recognized a new federal or state right that applies retroactively to persons in the petitioner's situation, and the petition asserts a claim based on that right.\" R.C. 2953.23(A)(1)(a). Second, the petitioner must show \"by clear and convincing evidence that, but for constitutional error at trial, no reasonable fact finder would have found the petitioner guilty of the offense of which the petitioner was convicted * * *.\" R.C. 2953.23(A)(1)(b). Thus, before a trial court may consider an untimely petition for post-conviction relief, the petitioner must prove: (1) that he was unavoidably prevented from discovering the facts upon which he bases his petition, or that the petitioner's claim is based upon a newly-created federal or state right, which is retroactive to his 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 34/47 *37 situation; and (2) that clear and convincing evidence demonstrates that no reasonable factfinder would have found him guilty in the absence of the alleged constitutional error. State v. Howell (June 26, 2000), Meigs App. No. 99CA677. 37 This Court's standard of review is de novo when reviewing a trial court's dismissal or denial of a petition for post-conviction relief without a hearing. See, e.g., State v. Barney, Meigs App. No. 05CA11, 2006-Ohio-4676; State v. Gibson, Washington App. No. 05CA20, 2005-Ohio-5353. Thus, we will independently review the record, without deference to the trial court's decision, to determine if Anderson's petition satisfies the two-pronged test in R.C. 2953.23(A)(1). Anderson contends that, under the grounds enunciated in Blakely, his sentence is contrary to law. He maintains that this case creates a new right that now applies retroactively to individuals in his situation. In Blakely, the Court held that the Sixth Amendment right to a jury trial prohibits the enhancement of a sentence based on factual findings made by the judge. Blakely at 301. However, we have already addressed this issue and found that Blakely did not create a new right, because it only applied the principles that were already established in Apprendi, supra. Wilson, supra. Here, the trial court sentenced Anderson in 2003; after which he should have appealed any new right created by Apprendi. The new rights created by Apprendi were created prior to-not subsequent to- Anderson's sentencing. As such, Anderson's situation does not comport with the first prong of the two-pronged test set forth in R.C. 2953.23(A)(1) to except him from the requirement to timely file his petition for post-conviction relief. Specifically, Anderson did not show that the United States Supreme Court recognized a new federal right subsequent to the period of time prescribed in R.C. 2953.21(A)(2). Because Anderson must satisfy both prongs of R.C. 2953.23(A)(1) and he failed to satisfy the first prong, i.e. R.C. 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 35/47 State v. Anderson, supra, 2007 949470. The Court deems the first and second parts of the Maupin test to have been met. 2953.23(A)(1)(a), we do not need to address the second prong, i.e. R.C. 2953.23(A)(1)(b). Therefore, for the above stated reasons, we find that the trial court lacked jurisdiction to entertain the petition and properly dismissed it. See Wilson, supra; State v. Rawlins, Scioto App. No. 05CA3021, 2006-Ohio-1901; State v. Kelly, Lucas App. *38 No. L-05-1237, 2006- Ohio-1399, at \u00b6 12. 38 Accordingly, we overrule Anderson's argument that he satisfied the two-pronged test in R.C. 2953.23(A)(1) and affirm the judgment of the trial court. Petitioner argues that he reasonably promptly and fairly presented his Blakely claim to the state courts at the earliest opportunity he had to do so, i.e., in his August 23, 2004, post conviction petition, and that this case is analogous to Tanner v. Wolfe, 2007 649960 (S.D. Ohio February 23, 2007), and Friley v. Wolfe, 2007 2007 782156 (S.D. Ohio March 13, 2007) (granting habeas corpus relief on the merits of petitioners' Blakely claims). The Court is not persuaded by petitioner's argument. Friley presented his Blakely claim to the state appellate court in a motion for reconsideration of his direct appeal; he then raised the issue in his appeal to the Ohio Supreme Court. Notably, the state appellate court rejected Friley's Blakely claim on the merits when it denied his motion for reconsideration. Thus, the procedural default of Friley's Blakely claim was not at issue. In Tanner, similar to the scenario herein, Blakely was decided after the petitioner's direct appeal had already concluded. Tanner therefore first presented his Blakely claim to the state courts in a successive petition for post conviction relief; however, the state appellate court, in rejecting the post conviction petition as untimely, misinterpreted the definition of \"statutory maximum\" set forth by the Supreme *39 Court in Blakely. See Tanner, supra. This Court therefore concluded that the state appellate court had misapplied its own procedural rule barring consideration of the merits of the Tanner's Blakely claim and addressed the merits of Tanner's Blakely 39 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 36/47 claim. See Tanner, supra. Neither such scenario is present in this case. While this Court does not agree with the state appellate court's conclusion that petitioner should have known to raise the Blakely issue under Apprendi v. Washington, 530 U.S. 466 (2000), as that case had been interpreted prior to Blakely, see Cvijetinovic v. Eberlin, 2008 918576 (N.D. Ohio March 31, 2008), citing United States v. Burgess, 142 Fed.Appx. 232, 240 (6 Cir. 2005) (unpublished); Nichols v. United States, 501 F.3d 542 (6 Cir. 2007), rehearing en banc granted, opinion vacated January 3, 2008, and United States v. Leachman, 309 F.3d 377 (6 Cir. 2002), the Court *40 nonetheless cannot conclude that the appellate court misapplied its own procedural rule restricting consideration of the merits of untimely post conviction statues under narrowly prescribed conditions by concluding that Blakely did not constitute a \"new\" rule within the meaning of O.R.C. 2953.23. Even if the state court incorrectly denied the post-conviction proceeding on that ground, petitioner was not without an avenue by which to raise a Blakely claim. In fact, he pursued a claim under Blakely in his August 16, 2004, delayed application to reopen the appeal pursuant to Ohio Appellate Rule 26(B), but thereafter failed to appeal the appellate court's denial of his application as untimely to the Ohio Supreme Court. Because he may now no longer do so, Ohio Supreme Court Rule of Practice II, Section 2(A)(4)(c), and because the Ohio Supreme Court may have addressed the merits of petitioner's Blakely claim had he pursued a timely appeal, petitioner has waived the right to present his Blakely claim in these habeas corpus proceedings. th th 2 th 40 2 The United States District Court for the Northern District of Ohio in Cvijetinovic v. Eberlin, supra, stated: In several different contexts, the Sixth Circuit has acknowledged that Blakely could not have been anticipated based on Apprendi. First, in United States v. Burgess, 142 Fed. Appx. 232, 240 (6th Cir. 2005) (unpublished), the Sixth Circuit held that failure to anticipate the rule in Blakely and raise it in the lower courts did not amount to ineffective assistance of counsel: FN14 FN14. The Sixth Circuit has recently vacated an opinion holding that counsel was ineffective because he did not argue, prior to Blakely but after Apprendi, that enhancements to a sentence based 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 37/47 on judicial fact-finding but within the guidelines range violated the Sixth Amendment. See Nichols v. United States, 501 F.3d 542 (6th Cir. 2007) reh'g en banc granted, opinion vacated, Jan. 3, 2008. Burgess's trial counsel cannot be deemed ineffective for failing to anticipate the Supreme Court's June 24, 2004 holding in Blakely that the Sixth Amendment precluded the imposition of a sentence . . . based on facts not found by a jury or admitted by the defendant. Burgess, 142 Fed. Appx. at 240. The Sixth Circuit placed particular significance on the fact that the defendant in Burgess had never argued that he was sentenced above the statutory maximums. *** . . . [E]very Circuit Court believed Apprendi permitted judicial fact- finding within the guidelines range \u2014 i.e., that Apprendi expressly sanctioned that practice. See United States v. Leachman, 309 F.3d 377 (6th Cir. 2002). This Court must decide whether the procedural rules at issue constitute an adequate *41 and independent bases upon which to foreclose review of petitioner's federal constitutional claims. This task requires the Court to balance the state's interests behind each procedural rule against the federal interest in reviewing federal claims. See Maupin v. Smith, 785 F.2d at 138. Under this analysis, the procedural rules barring petitioner's claims constitute adequate and independent state grounds for denying relief. The state courts must be given a full and fair opportunity to remedy alleged constitutional defects. The requirement that all available claims be presented at the first opportunity and the time limitations for filing appeals and post conviction petitions serves the state's interests in finality and in ensuring that claims are adjudicated at the earliest possible opportunity. Further, the doctrine of res judicata is stated in unmistakable terms in numerous Ohio decisions and Ohio courts have consistently refused to review claims on the merits under that doctrine. See State v. Cole, supra; State v. Ishmail, supra; State v. Perry, supra. Again, regardless of whether the state court correctly applied its rule concerning untimely post-conviction proceedings, petitioner procedurally defaulted his Blakely claim when he did 41 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 38/47 Maples v. Stegall, 340 F.3d 433, 438 (6th Cir. 2003); see also Lundgren v. Mitchell, 440 F.3d 754, 763-64 (6th Cir. 2006), citing Murray v. Carrier, 477 U.S. 478, 488 (1986). Petitioner's pro se status, or \"ignorance of the law and procedural requirements for filing a notice of appeal is insufficient to establish cause to excuse his procedural default.\" Bonilla v. Hurley, 370 F.3d 494, 498 (6th Cir. 2004), citing Hannah v. Conley, 49 F.3d 1193, 1197 (6th Cir. 1995). not appeal the denial of his Rule 26(B) motion to the Ohio Supreme Court, thus denying that court the opportunity to review the claim on its merits. Petitioner has waived his right to present claims two through six for federal habeas corpus review. He can still secure review of his claims on the merits if he demonstrates cause for his failure to follow the state procedural rules as well as actual prejudice from the constitutional violations that he alleges. As cause for his failure to file a timely appeal of the appellate court's denial of his *42 Rule 26(B) application to the Ohio Supreme Court, petitioner states that he was incarcerated in West Virginia without meaningful access to Ohio law, as well as his pro se indigent and incarcerated status. See Traverse, Doc. No. 9. Petitioner states that he did not know that he had the right to file an appeal of the appellate court's denial of his Rule 26(B) application to the Ohio Supreme Court. He received a copy of the Ohio Criminal Law Handbook in July 2004, but that reference included no case law or court rules. See id. 42 \"[P]etitioner has the burden of showing cause and prejudice to overcome a procedural default.\" Hinkle v. Randle, 271 F.3d 239, 245 (6th Cir. 2001), citing Lucas v. O'Dea, 179 F.3d 412, 418 (6th Cir. 1999) (internal citation omitted). \"'[C]ause' under the cause and prejudice test must be something external to the petitioner, something that cannot fairly be attributed to him[;] . . . some objective factor external to the defense [that] impeded . . . efforts to comply with the State's procedural rule.\" Coleman v. Thompson, 501 U.S. 722, 753, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991). 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 39/47 To establish cause, petitioner \"must present a substantial reason that is external to himself and cannot be fairly attributed to him.\" Hartman v. Bagley, 492 F.3d 347, 358 (6th Cir. 2007), citing Jamison v. Collins, 291 F.3d 380, 386 (6th Cir. 2002) (holding that the *43 prosecution's withholding of Brady evidence qualified as a \"substantial reason for the default that is external to [the petitioner]\"). See, e.g., Maples v. Stegall, supra, 340 F.3d at 438-39 (failure by prison officials to promptly deliver legal mail may constitute cause for procedural default); but see Martin v. Vannatta, unpublished, 175 Fed.Appx. 45 (7th Cir. Mar. 23, 2006) (rejecting petitioner's assertion that inadequate funds for postage constituted cause for his untimely filing where he could have obtained free postage.) The ineffective assistance of counsel may constitute cause for a procedural default. Edwards v. Carpenter, 529 U.S. 446, 451, 120 S.Ct. 1587, 146 L.Ed.2d 518 (2000), citing Murray v. Carrier, 477 U.S. 478, 488-89 (1986). However, the ineffective assistance of counsel cannot constitute cause for petitioner's procedural default in failing to file a timely notice of appeal with the Ohio Supreme Court, or in 26(B) proceedings, where petitioner had no right to counsel in those proceedings. See Gulertekin v. Tinnelman-Cooper, 340 F.3d 415, 425 (6 Cir. 2003), citing Coleman v. Thompson, 501 U.S. 722, 752-53 (1991); Pennsylvania v. Finley, 481 U.S. 551, 555 (1987) (\"[T]he right to counsel extends to the first appeal of right, and no further.\"); Lopez v. Wilson, 426 F.3d 339, 352 (6 Cir. 2005) (holding that 26(B) proceeding is collateral matter wherein the defendant does not have a right to counsel) (citations omitted). 43 th th Petitioner's arguments are not persuasive. As discussed, his pro se incarcerated status, limited access to legal materials or the prison's law library, or his unfamiliarity with the Ohio Supreme Court's rules simply do not constitute cause for his failure to file a timely appeal. See Walker v. Timmerman-Cooper, 2006 3242101 (S.D. Ohio October 5, 2006), citing Bonilla v. Hurley, supra, 370 F.3d at 498. Further, petitioner fails to explain why *44 he needed further access to Ohio case law to timely appeal to the Ohio Supreme Court and present arguments that had already been raised in the appellate court below. 44 Alternatively, petitioner contends that he fairly presented claim three, in which he asserts that his conviction on count 131 of 01-CR-218 violated the 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 40/47 First Amendment, because the State, in its response to petitioner's appellate brief, referred to Ashcroft v. Free Speech Coalition, 535 U.S. 234, 255-256 (2002) (striking provision of Child Pornography Prevention Act criminalizing possession of virtual child pornography created without using real children), and State v. Dalton, 153 Ohio App. 3d 286 (Ohio App. 10 Dist. July 17, 2003) (vacating defendant's guilty plea on pandering obscenity involving a minor under O.R.C. \u00a7 2907.321 on charges involving defendant's private journal describing fantasies of the rape and torture of fictitious minor children). See Traverse; Exhibit 9b Vol. I, at 38-40. Again, petitioner's argument is not persuasive. In order to exhaust available state remedies, a petitioner must first fairly present the substance of his federal habeas corpus claims to the state courts. Picard v. Connor, 404 U.S. 270, 275 (1971); Anderson v.Harless, 459 U.S. 4, 6 (1982). \"The state courts must be provided with a fair opportunity to apply controlling legal principles to the facts bearing upon petitioner's constitutional claims.\" Sampson v. Love, 782 F.2d 53, 55 (6 Cir. 1986). Petitioner does not fairly present his claim simply because the necessary facts supporting a federal constitutional claim are present or because the constitutional claim appears self evident. Haggins v. Warden, 715 F.2d 1050, 1054 (6 Cir. 1983) (citing Harless, 459 U.S. at 6). Furthermore, \"[a] petitioner 'fairly presents' his claim to the state courts by citing a *45 provision of the Constitution, federal decisions employing constitutional analysis, or state decisions employing constitutional analysis in similar fact patterns.\" Levine v. Torvik, 986 F.2d 1506, 1515 (6 Cir. 1993) (citing Franklin v. Rose, 811 F.2s 322, 326 (6 Cir. 1987)). Courts normally require more than a single broad generalization that petitioner was denied a \"fair trial\" or \"due process of law.\" Franklin, 811 F.2d at 326; Petrucelli v. Coombe, 735 F.2d 684, 688 (6 Cir. 1984). Petitioner, however, need not \"cite book and verse on the federal constitution.\" Picard, 404 U.S. at 277 (quoting Daugharty v. Gladden, 257 F.2d 750, 758 (9 Cir. 1960)). The Sixth Circuit has strictly followed the requirement that petitioner fairly presented his federal constitutional claims to the state courts as a precondition to federal habeas review. Weaver v. Foltz, 888 F.2d 1097, 1098 (6 Cir. 1989). th th 45 th th th th th Citing Jackson v. Virginia, supra, petitioner argued on direct appeal that the evidence was insufficient to sustain his conviction on count 131 and that his 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 41/47 conviction violated due process because the State was permitted to delete the word \"image\" from the charge, and the chat log involved was a text file and not a photograph. Additionally, petitioner argued that his conviction on count 131 was improper because Paul 10 could have been an adult, and the chat occurred in West Virginia, not Ohio. Petitioner did not, however, refer to the First Amendment of the United States Constitution in support of this claim, nor did he argue that his conviction on count 131 violated his right to freedom of expression or refer to any federal or state cases relying on federal law which would have alerted the state courts to a First Amendment claim. See Exhibits 8 and 12 to Return of Writ. The fact that the State referred to cases discussing the impact of the *46 First Amendment on criminalization of conduct that did not involve children or involved the defendant's possession of private fictional material in response to petitioner's claim does not mean that petitioner thereby fairly presented a federal First Amendment claim to the state courts. The Court further notes that the State referred to the foregoing cases in arguing that written material (not solely photographs) satisfied the requirements of the statute at issue, and in distinguishing the charge against petitioner as involving an actual, and not a purely fictitious, child. See Exhibit 9b to Return of Writ. 46 Petitioner failed to present a First Amendment claim to the state courts. Further, he has failed to establish cause and prejudice for such failure. His request to amend the petition to include here the same claim he raised on appeal, however, is GRANTED. Such claim is discussed, infra. In short, petitioner has failed to establish cause for his procedural defaults, and this Court concludes that claims two through six are waived. Beyond the four-part Maupin analysis, this Court is required to consider whether this is \"an extraordinary case, where a constitutional violation has probably resulted in the conviction of one who is actually innocent.\" Murray v. Carrier, 477 U.S. at 491; see also Sawyer v. Whitley, 505 U.S. 333. After review of the record, the Court does not deem this to be such a case 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 42/47 In claim four, petitioner asserts his conviction on count 131 denies him due process because that charge, as amended, failed to state a crime as it involved the reproduction of *47 written material ( i.e., a chat), and not reproduction of any image. The state appellate court rejected this claim as follows: 47 In his second assignment of error, Anderson contends that the trial court erred in not granting his motion to dismiss count 131 of the indictment. He maintains that the court should not have granted the state's request to amend count 131 because the amended count did not state a crime. Anderson does not show how he was prejudiced by the amendment. Instead, he maintains that the reproduction of a chat log, instead of an image, is not a crime. \"Whether an amendment changes the name or identity of the crime charged is a matter of law.\" State v. Cooper (June 25, 1998), Ross App. No. 97CA2326, citing State v. Jackson (1992), 78 Ohio App.3d 479, 605 N.E.2d 426. Hence, our standard of review is de novo. Nicholas v. Hanzel (1996), 110 Ohio App.3d 591, 674 N.E.2d 1237. Crim.R. 7(D) provides in part: \"The court may at any time before, during, or after a trial amend the indictment, information, complaint, or bill of particulars, in respect to any defect, imperfection, or omission in form or substance, or of any variance with the evidence, provided no change is made in the name or identity of the crime charged.\" Section 10, Article of the Ohio Constitution and the Sixth Amendment to the United States Constitution entitles a person accused of a felony to an indictment setting forth the nature and cause of the offense. Crim.R. 7(D) governs the amendment of indictments and permits most amendments. However, when a trial court's amendment changes the name or identity of the offense charged, the trial court has committed reversible error, regardless of whether the defendant can show prejudice. State v. Honeycutt, Montgomery App. No. 1900, 2002-Ohio-3490; State v. Strozier (Oct. 5, 1994), Montgomery App. No. 14021, quoting State v. Headley (1983), 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 43/47 6 Ohio St.3d 475, 478-479, 453 N.E.2d 716. When amendments do not change the name or identity of the offense charged, the defendant is entitled to a continuance \"unless it clearly appears from the whole of the proceedings *48 that the defendant has not been misled or prejudiced by the defect or variance in respect to which the amendment is made.\" Strozier, quoting Crim.R. 7(D). 48 Here, the state charged Anderson in count 131 with Pandering Sexually Oriented Matter Involving a Minor, in violation of R.C. 2907.322(A)(1), (2) (3). The original indictment specified in count 131 that the offense involved a \"_au110~1.log Image\" while the amended count 131 deleted the word \"Image\" because the state said that the offense involved a chat, not an image. We first find that amended count 131 still charges Anderson with Pandering Sexually Oriented Matter Involving a Minor. Hence, the name of the offense charged did not change. We further find that the extension \".log\" notified Anderson that he was charged with material that was a document. While the word \"Image\" also notified Anderson that an image was involved, the fact remains that he still was notified that a document was also involved. Deleting the word \"Image\" does not change the fact that he was notified that a document was involved. Hence, we find that the amendment also did not change the identity of the offense charged. The state maintains that reproducing a chat log can violate R.C. 2907.322(A)(1), (2) (3) because sexually oriented material can include a chat log. The state argued at trial that the chat involved Anderson asking a ten year old boy how he would like to engage in various forms of sexual activity or what types of sexual activity he had engaged in. Anderson saved and copied the chat eight times on different computer media, including on Jaz Disk 2 and the Caleb hard drives found here in Ohio. The first part of R.C. 2907.322(A) states that \"No person, with knowledge of the character of the material or performance involved 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 44/47 State v. Anderson, supra, 2004 (Ohio App. 4 Dist. March 2, 2004). Again, the findings of the state appellate court are presumed to be correct. 28 U.S.C. \u00a7 2254(d), (e). Petitioner has failed to establish that the state appellate court's decision is unreasonable so as to justify federal habeas corpus relief. See Williams v. Taylor, supra. shall do any of the following * * *.\" (Emphasis added.) R.C. 2907.01(J)(2) defines material to mean \" any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, phonographic record, *49 or tape, or other tangible thing capable of arousing interest through sight, sound, or touch and includes an image or text appearing on a computer monitor, television screen, liquid crystal display, or similar display device or an image or text recorded on a computer hard disk, computer floppy disk, compact disk, magnetic tape, or similar data storage device.\" (Emphasis added.) Hence, we find by the plain language of the definition that sexually oriented material can include a description of a minor engaged in sexual activity. Consequently, we find that the trial court did not err when it granted the state's request to amend count 131 of the indictment because the amended indictment does allege a crime. 49 Accordingly, we overrule Anderson's second assignment of error. th Petitioner argues that reproduction of written material failed to charge a crime under state law. This claim involves a matter of the state court's interpretation and definition of its own criminal statute and thereby fails to present an issue appropriate for federal habeas corpus review federal court may review a state prisoner's habeas petition only on the grounds that the challenged confinement is in violation of the Constitution, laws or treaties of the United States. 28 U.S.C. 2254(a federal court may not issue a writ of habeas corpus \"on the basis of a perceived error of state law.\" Pulley v. Harris, 465 U.S. 37, 41 (1984); Smith v. Sowders, 848 F.2d 735, 738 (6th Cir. 1988 federal habeas court does not function as an additional state appellate court reviewing state courts' decisions on state *50 law or procedure. Allen v. Morris, 845 F.2d 610, 614 (6th Cir. 1988). \"'[F]ederal courts must defer to a state court's interpretation of its own rules of 50 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 45/47 evidence and procedure'\" in considering a habeas petition. Id. (quoting Machin v. Wainwright, 758 F.2d 1431, 1433 (11th Cir. 1985)). Only where the error resulted in the denial of fundamental fairness will habeas relief be granted. Cooper v. Sowders, 837 F.2d 284, 286 (6th Cir. 1988). Such are not the circumstances here. For all of the foregoing reasons, the Magistrate Judge that this action be DISMISSED. If any party objects to this Report and Recommendation, that party may, within ten (10) dayof the date of this report, file and serve on all parties written objections to those specific proposed findings or recommendations to which objection is made, together with supporting authority for the objection(s judge of this Court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. Upon proper objections, a judge of this Court may accept, reject, or modify, in whole or in part, the findings or recommendations made herein, may receive further evidence or may recommit this matter to the magistrate judge with instructions. 28 U.S.C. \u00a7 636(b)(1). The parties are specifically advised that failure to object to the Report and Recommendation will result in a waiver of the right to have the district judge review the Report and Recommendation de novo, and also operates as a waiver of the right to appeal the *51 decision of the District Court adopting the Report and Recommendation. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). 51 About us Jobs News Twitter 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 46/47 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. 2/16/25, 10:50 Anderson v. McBride NO. 2:05-cv-1089 | Casetext Search + Citator 47/47"} |
8,228 | Michael Golston | Columbia University | [
"8228_101.pdf",
"8228_102.pdf",
"8228_103.pdf",
"8228_104.pdf",
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] | {"8228_101.pdf": "Up against the invincible professor was convicted of sexual misconduct. Why is he still on campus? By Natalie Guerra / Senior Staff Photographer Columbia cannot force a tenured professor to stop teaching, bar them from facilities, nor revoke their housing, putting the onus on the complainant to avoid the alleged perpetrator 11, 2019 9:04 Written by Karen Xia and Khadija Hussain Graphics by Jason Kao Share 2/16/25, 10:51 Up against the invincible professor was convicted of sexual misconduct. Why is he still on campus? 1/10 Photos by Natalie Guerra and Rya Inman Updated on June 9 at 7:40pm. Women speak up tenured professor is accused of sexual misconduct. Who does the University protect? As professors field increasing public criticism for allegations of sexual misconduct, many demand fundamental shifts within the culture of academia. Often, the consequences\u2014which rarely include the permanent removal of a faculty\u2014fall short in their response to the pervasive nature of discrimination. Columbia, amid this intensifying scrutiny, has found itself at the center of the conversation, with an influx of lawsuits, investigations, and allegations in the last few years. But while dramatic headlines provoke condemnation of the University, Columbia has never in its history formally dismissed a tenured faculty member who has been convicted of sexual misconduct, assault, or harassment, University President Lee Bollinger told Spectator in an interview last October. All the tenured professors in this article, in fact, retained access to campus long after being found guilty or settling with Columbia. According to a lawsuit filed by Jane Doe against former history and classics professor William Harris, he kissed and groped her repeatedly and denigrated her to their colleagues after she refused his advances. But although he reached a settlement with the University and retired nearly two years ago, Harris is still permitted access to campus, and in particular, to spaces within Butler Library where classics students often work, Spectator has found. He still lives in his Columbia-owned faculty apartment. Last March, after Columbia found prominent neuroscientist and professor Thomas Jessell guilty of sexual misconduct for engaging in an illicit, years-long relationship with a lab member under his supervision, the University announced that Jessell would be removed from all administrative posts. The Howard Hughes Medical Institute, one of the nation\u2019s largest private funding organizations for medical research, stripped Jessell of his titles and grants and cut funding from his lab. 2/16/25, 10:51 Up against the invincible professor was convicted of sexual misconduct. Why is he still on campus? 2/10 At least eight months later, however, Jessell remained on campus working with students and using research facilities, according to multiple researchers. And in a case previously undisclosed, English professor Michael Golston was found responsible in July 2018 for sexually assaulting and harassing a student, according to documents from an investigation conducted by Columbia\u2019s Office of Equal Opportunity and Affirmative Action. But almost a year later, the University has given no official update regarding his teaching status or access to campus to either the complainant or the chair of his department. In a statement to Spectator, a University spokesperson emphasized that issues of tenure do not interfere with Columbia\u2019s priority of campus safety. \u201cTenure does not prevent the University from meeting the needs of our students or ensuring that Columbia remains a safe and welcoming environment for all. Indeed, in cases where faculty members have been found responsible for policy violations in this area, the University has acted decisively to remove those faculty from the classroom and to restrict their interactions with students,\u201d the statement said. If the University were to formally strip faculty of the right to campus, it must undergo a lengthy hearing process akin to a formal court trial, involving witnesses, a faculty jury, and multiple rounds of review that include the president and board of trustees. But in lieu of these proceedings, Columbia cannot force a tenured professor to stop teaching, bar them from facilities, nor revoke their housing, putting the onus on the complainant to avoid the alleged perpetrator\u2014unless the faculty member consents to surrender rights to which they are contractually entitled. \u201cThere are extremely strong protections for tenure. \u2026 You cannot remove or deny a faculty member the rights of tenure without going through a process that is basically a trial, something that is so difficult in many ways that it\u2019s never been used,\u201d Bollinger said. Through an analysis of court records and interviews with those involved, Spectator has conducted a yearlong investigation into four separate, high-profile cases in which a nontenured faculty or student accused a tenured faculty of sexual misconduct, ranging from a violation of consensual relationship policies to sexual assault. The conclusion of these cases saw faculty renounce the right to teach, convicted of what they were accused, or felled in the court of public opinion. 2/16/25, 10:51 Up against the invincible professor was convicted of sexual misconduct. Why is he still on campus? 3/10 Outside of the spotlight, each case reveals a university greatly limited by the clash between two conflicting systems, operating under an existing framework that poses a legal minefield and leaves complainants feeling powerless and uncertain about what rights they possess. [RELATED: When tenure trumps Title IX: 6 takeaways from Spectator\u2019s investigation into faculty sexual misconduct] In an effort to find a solution, Columbia may work with private organizations to achieve resolution through informal means, typically in the form of mediation and negotiation, that skirt both federal and state judicial systems as well as internal university policies. But this negotiation process grants the accused faculty significant power to argue the terms of their settlement, and is also often opaque\u2014even to those involved directly in the proceedings feel confident in the handling, the outcomes of the cases that we have dealt with. But am questioning whether the process we have to follow to get there is the best from the institution\u2019s standpoint,\u201d Bollinger told Spectator in a later interview in February. In light of allegations, the Columbia community has expressed a widespread skepticism regarding the capacity of the University to respond adequately. Claiming to be paralyzed when faced with tenure protections, administrators and faculty charged with responding to sexual misconduct ask a seemingly simple but fundamentally complex question: What can we do to help? Due to lack of transparency from the University, interviews show that faculty and department chairs\u2014often the first lines of response\u2014remain largely unaware of what happens after a complaint is filed against a tenured faculty member, and thus lack knowledge needed to help students navigate the system. Assuming that nothing could elicit an effective response, faculty and administrators may at times even discourage those who wish to come forward from filing official complaints. And in the face of legal action, administrators may also retract disciplinary measures against tenured faculty members that they originally proposed, Spectator\u2019s investigation has found. \u201cSometimes [administrators\u2019] hands are tied; [they] have to work through laborious, complex drawn out processes. And sometimes this takes months and years, and many 2/16/25, 10:51 Up against the invincible professor was convicted of sexual misconduct. Why is he still on campus? 4/10 times universities may not get to where they\u2014and others\u2014thought they would,\u201d Julian Williams, expert and former Title coordinator at Vassar College, said. In examining an institution\u2019s response to allegations brought against tenured faculty, one pattern becomes clear: Sexual misconduct pervades higher education because the structures intended to address it are either broken, muddled in bureaucracy and legal boundaries, or fail to exist at all. Correction: An earlier version of this article did not make clear that allegations of sexual misconduct against Professor Bekaert were rejected both in federal court and by Columbia University\u2019s Office of Equal Opportunity and Affirmative Action. The article also incorrectly stated that Professor Bekaert participated in a mediation. In fact, he did not. Continue reading Part 1, where we dive into how faculty and administrators respond when allegations against tenured faculty first arise. News editor Karen Xia can be contacted at karen.xia@columbiaspectator.com. Follow her on Twitter @xia_karen. Senior staff writer Khadija Hussain can be contacted at khadija.hussain@columbiaspectator.com. Follow her on Twitter @hussainkhadijaa. More In News Features 2/16/25, 10:51 Up against the invincible professor was convicted of sexual misconduct. Why is he still on campus? 5/10 When tenure trumps Title IX: 6 takeaways from Spectator\u2019s investigation into faculty sexual misconduct 11, 2019 Up against the invincible: Breaking the black box 11, 2019 2/16/25, 10:51 Up against the invincible professor was convicted of sexual misconduct. Why is he still on campus? 6/10 Up against the invincible: Side-stepping the system 11, 2019 Editor's Picks 2/16/25, 10:51 Up against the invincible professor was convicted of sexual misconduct. Why is he still on campus? 7/10 Spectator announces 149th managing board 11, 2024 Columbia President Minouche Shafik resigns amid campus turmoil over war in Gaza 14, 2024 2/16/25, 10:51 Up against the invincible professor was convicted of sexual misconduct. Why is he still on campus? 8/10 Our Campus. Our Crisis 4, 2024 sweeps occupied Hamilton Hall, arrests dozens 30, 2024 2/16/25, 10:51 Up against the invincible professor was convicted of sexual misconduct. Why is he still on campus? 9/10 Dozens occupy Hamilton Hall as pro-Palestinian protests spread across campus 29, 2024 Copyright Spectator Publishing Company. All rights reserved. 490 Riverside Drive, Rm 414, New York 10027 Subscribe to our newsletter. Email Address Subscribe About Us Usage Rights Contact Us AdvertiseDonateJoinDEI 2/16/25, 10:51 Up against the invincible professor was convicted of sexual misconduct. Why is he still on campus? 10/10", "8228_102.pdf": "When tenure trumps Title IX: 6 takeaways from Spectator\u2019s investigation into faculty sexual misconduct By Rya Inman / Senior Staff Photographer These cases revealed that in the battle between Title and tenure, the latter is seemingly invincible 11, 2019 9:05 Updated on June 9 at 7:42pm. One tenured faculty member was convicted in federal court for retaliating against a professor who accused him of sexual harassment. Another allegedly kissed and Share 2/16/25, 10:51 When tenure trumps Title IX: 6 takeaways from Spectator\u2019s investigation into faculty sexual misconduct 1/11 groped a student he advised, then retired in a settlement with the University third was stripped of his titles and grants and removed from all administrative posts. The fourth was found guilty of sexual assault. Months later, however, all four tenured faculty were still permitted access to campus \u2014in some cases, continuing to work with students. In a year-long investigation, Spectator examined four separate, high-profile cases in which a nontenured faculty or student accused a tenured faculty of sexual misconduct, revealing violations of consensual relationship policies and instances of sexual assault. The conclusions of these cases saw faculty renounce the right to teach, be convicted of what they were accused, or felled in the court of public opinion. But these cases also revealed that in the battle between Title and tenure, the latter is seemingly invincible. 1. They interact with our peers. They work in our libraries. They roam freely on our campus. English professor Michael Golston was found responsible for sexually assaulting and harassing a student, according to documents from an investigation conducted by Columbia\u2019s Office of Equal Opportunity and Affirmative Action. However, months later, he still retained access to campus and his Columbia-owned faculty apartment. Over a year later, the University has given no official update regarding his teaching status or access to campus to either the complainant or the chair of his department. Enrichetta Ravina, former assistant professor of finance, filed a civil lawsuit alleging Business School professor Geert Bekaert had sexually harassed her and retaliated against her. Bekaert was later cleared of all sexual harassment and discrimination charges by a federal court and found not liable by Columbia\u2019s investigation, but was found to have retaliated against Ravina in his communications to other colleagues. Today, Bekaert continues to oversee research projects and teach classes on campus. 2/16/25, 10:51 When tenure trumps Title IX: 6 takeaways from Spectator\u2019s investigation into faculty sexual misconduct 2/11 According to a lawsuit filed by Jane Doe, former history and classics professor William Harris repeatedly sexually harassed her, then disparaged her to their colleagues when she refused him. Although he retired as a part of a settlement with the University nearly two years ago, Harris still frequents campus, particularly reading rooms in Butler Library where classics students perform research. He also still lives in his Columbia-owned faculty apartment. \u201cIt makes my skin crawl, and basically can\u2019t even bring myself to look at him or in his direction,\u201d said one classics student on running into Harris in the library. After prominent neuroscientist and Zuckerman Mind Brain Behavior Institute Co- Director Thomas Jessell was found guilty of sexual misconduct by the University, Columbia announced he would be removed from all administrative posts. But eight months later, Jessell remained on campus, continuing to work with students and use research facilities. Columbia has never formally dismissed a tenured faculty member who has been convicted of sexual misconduct, assault, or harassment, University President Lee Bollinger told Spectator in an interview last October. 2. The process for dismissing tenured faculty is so convoluted that it\u2019s never been used. To strip a professor of tenure, Columbia must undergo dismissal proceedings involving witnesses, submitted evidence, and multiple rounds of review by the president and board of trustees. But the adjudication process\u2014both within the University and in court\u2014is lengthy and potentially revealing. Instead, Columbia works with private, for-profit organizations to facilitate informal means of achieving resolution, typically in the form of mediated negotiation. Policies around tenure were formulated decades ago\u2014 prior to significant shifts in implementation and enforcement of Title guidelines, leading to incompatibilities. 2/16/25, 10:51 When tenure trumps Title IX: 6 takeaways from Spectator\u2019s investigation into faculty sexual misconduct 3/11 As a result, universities must devise means of intentionally skirting both federal and state judicial systems as well as internal policies to effectively take action against their own faculty. Photo by Jason Kao / Senior Staff Designer 3. The burden largely falls on complainants to avoid their alleged harassers. If the University were to utilize dismissal procedures for tenured faculty, it must undertake a lengthy hearing process akin to a formal court trial\u2014involving witnesses, a faculty jury, and multiple rounds of review that include the president and board of trustees. Otherwise, Columbia cannot force a tenured professor to stop teaching, restrict their access to campus, nor revoke their housing, putting the onus on the complainant to avoid the alleged perpetrator\u2014unless the faculty member consents to surrender rights to which they are contractually entitled. \u201cIt\u2019s a negotiation through the whole set of factors, including this value of tenure,\u201d President Bollinger said in an interview with Spectator in February. \u201cThis is different from a corporation or an organization where there\u2019s no tenure, and you can simply discharge someone, fire them. We can do that, but it\u2019s in the context of tenure, and that tenure barrier is very difficult to overcome.\u201d 4. Tenured professors make their own rules when settling a case with the University. When undergoing mediation processes, such as those facilitated by JAMS, tenured professors have significant room to negotiate what punitive measures will be imposed upon them by the University. Because these professors have not lost their tenure rights, any punitive measure\u2014such as those that restrict their ability to access campus or conduct research\u2014must be mutually agreed upon. 5. Complainants rarely find out the full scope of what happens to their alleged perpetrator\u2014including whether or not they may remain on campus. 2/16/25, 10:51 When tenure trumps Title IX: 6 takeaways from Spectator\u2019s investigation into faculty sexual misconduct 4/11 According to Sanford Heisler Sharp lawyer Alexandra Harwin, who has been involved in a number of Title cases involving Columbia, the mediation process entails a form of \u201cshuttle diplomacy\u201d in which the adverse parties do not come together in the same room, but communicate via a mediator. Within this context, the complainant has some ground to request certain measures be taken against the faculty member, as long as it directly impacts their day-to-day operations. This may include the physical presence of the professor nearby, the level of communication that occurs between the two, and the recusal of the faculty in any educational or employment-related decisions. But most negotiations around the faculty member\u2019s settlement occur between the University and faculty in private. In practice, this means that there is no guarantee for the complainant\u2014even once they sign the settlement\u2014that they will be able to know the extent to which a professor has access to campus, or whether their daily routine will be interrupted by an unexpected run-in with the perpetrator in their case. 6. When tenure rights clash with Title laws and policies, tenure rights largely win out. Without a concrete framework in place for adjudicating cases outside of formal dismissal proceedings, the University finds itself in a difficult bind, in which the rights guaranteed by tenure come head to head with policies dictated by Title laws. Even President Bollinger, in an interview in February, expressed his uncertainty over the dismissal procedures feel confident in the handling, the outcomes of the cases that we have dealt with,\u201d he said. \u201cBut am questioning whether the process we have to follow to get there is the best from the institution\u2019s standpoint.\u201d Correction: An earlier version of this article did not make clear that allegations of sexual misconduct against Professor Bekaert were rejected both in federal court and by Columbia University\u2019s Office of Equal Opportunity and Affirmative Action. Staff writer Shubham Saharan can be contacted at shubham.saharan@columbiaspectator.com. Follow her on Twitter at 2/16/25, 10:51 When tenure trumps Title IX: 6 takeaways from Spectator\u2019s investigation into faculty sexual misconduct 5/11 @ShubhamSahara18. Staff writer Marianna Najman-Franks can be contacted at marianna.najmanfranks@columbiaspectator.com. Follow Spectator on Twitter @ColumbiaSpec. More In News Features When tenure trumps Title IX: 6 takeaways from Spectator\u2019s investigation into faculty sexual misconduct 11, 2019 2/16/25, 10:51 When tenure trumps Title IX: 6 takeaways from Spectator\u2019s investigation into faculty sexual misconduct 6/11 Up against the invincible: Breaking the black box 11, 2019 Up against the invincible: Side-stepping the system 11, 2019 2/16/25, 10:51 When tenure trumps Title IX: 6 takeaways from Spectator\u2019s investigation into faculty sexual misconduct 7/11 Editor's Picks Spectator announces 149th managing board 11, 2024 2/16/25, 10:51 When tenure trumps Title IX: 6 takeaways from Spectator\u2019s investigation into faculty sexual misconduct 8/11 Columbia President Minouche Shafik resigns amid campus turmoil over war in Gaza 14, 2024 Our Campus. Our Crisis 4, 2024 2/16/25, 10:51 When tenure trumps Title IX: 6 takeaways from Spectator\u2019s investigation into faculty sexual misconduct 9/11 sweeps occupied Hamilton Hall, arrests dozens 30, 2024 Dozens occupy Hamilton Hall as pro-Palestinian protests spread across campus 29, 2024 2/16/25, 10:51 When tenure trumps Title IX: 6 takeaways from Spectator\u2019s investigation into faculty sexual misconduct 10/11 Copyright Spectator Publishing Company. All rights reserved. 490 Riverside Drive, Rm 414, New York 10027 Subscribe to our newsletter. Email Address Subscribe About Us Usage Rights Contact Us AdvertiseDonateJoinDEI 2/16/25, 10:51 When tenure trumps Title IX: 6 takeaways from Spectator\u2019s investigation into faculty sexual misconduct 11/11", "8228_103.pdf": "Up against the invincible: Breaking the black box By Katherine Gerberich / Senior Staff Photographer As Title interpretations regarding effective institutional response to sexual misconduct shift dramatically on the national stage, universities find themselves struggling to adjust policies for faculty discipline that are, in some cases, centuries old 11, 2019 9:04 This is part 3 of a three-part series. Go back and read the introduction. Share 2/16/25, 10:51 Up against the invincible: Breaking the black box 1/11 Nearly a year after Columbia found neuroscientist Thomas Jessell guilty of sexual misconduct, removed him from all administrative posts, and said his lab was to be dissolved, Jessell remained on campus working with students and using research facilities, Spectator has found. After undergoing negotiations through a mediation and retiring from the University nearly two years ago, former history professor William Harris still has access to campus, and in particular, to resources in Butler Library. He also still lives in his Columbia-owned faculty apartment. Nine months after English professor Michael Golston was found responsible by Columbia\u2019s office for both sexual assault and sexual harassment, neither the complainant who filed the report against him nor faculty within the department have been informed of the full scope of sanctions that he will face. Almost a year later, the complainant still remained unaware whether Golston would continue to have access to campus or teach students, they told Spectator. Golston could not be reached for comment. Because disciplinary measures enforced against tenured faculty are largely handled behind closed doors, almost no one is apprised of the full scope of sanctions a professor may face. For those who serve in advisory roles, a lack of information impedes their ability to accurately inform students of what steps to take, as well as the students\u2019 trust in their oversight. And for those in close proximity to professors who have been found guilty, they must change their routines to avoid encountering them. \u201cWhen we ask victims to change their [lives] and allow individuals that have been found guilty of perpetrating crimes to continue as they were before, we\u2019re kind of further re-traumatizing people whose power has been taken away and sending a message that it\u2019s the responsibility of the victim to fix something that clearly wasn\u2019t their fault,\u201d psychologist and former Title coordinator Brian Mistler said. And the lack of transparency surrounding the settlement process, compounded by the fact that these professors often remain on campus, reinforces a striking idea: tenured faculty on Columbia\u2019s campus are invincible. \u201cI\u2019m really not surprised that Jessell remained on campus,\u201d Jackson Welles \u201919 and an undergraduate researcher at the Zuckerman Mind Brain Behavior Institute, 2/16/25, 10:51 Up against the invincible: Breaking the black box 2/11 said. \u201cMaybe I\u2019m just cynical, but he\u2019s a famous and tenured faculty member. Why would Columbia remove him?\u201d As Title interpretations regarding effective institutional response to sexual misconduct shift dramatically on the national stage, universities find themselves struggling to adjust policies for faculty discipline that are, in some cases, centuries old. In this debate, however, some have argued that challenges to tenure protections pose a threat to the fundamental qualities of academic progress. In response to the Dear Colleague letter under the Obama administration, which outlined new guidelines for Title compliance on campus, the Association of American University Professors went on the offensive. \"The contemporary interpretation, implementation, and enforcement of Title threatens academic freedom and shared governance in ways that frustrate the statute\u2019s stated goals,\" the new report said, written by a joint subcommittee of the association\u2019s Committee on Academic Freedom and Tenure and its Committee on Women in the Profession. But at Columbia, faculty and students alike argue that tenure and academic freedom disproportionately take precedence over the demands that Title places on tenured faculty members. \u201cThe school seems to say, \u2018well we can\u2019t do much,\u2019\u201d said Patrick Bolton, a tenured business school professor who testified in the Ravina trial. \u201cOn the one side, you have the concerns about legal risk with respect to disciplinary actions against a senior faculty, which is the one that the University has really put forward. \u2026 But you have on the other side \u2026 a complaint that hasn\u2019t been properly addressed.\u201d While the University announced publicly that Harris would be stripped of his emeritus status and his involvement in any University activities, the terms of his settlement were not made public. Students have reported they were forced to share tight spaces with Harris in the ancient and medieval studies and papyrology and epigraphy reading rooms in Butler, locations that classics students frequent for research. For many, his presence came as an unwelcome shock. 2/16/25, 10:51 Up against the invincible: Breaking the black box 3/11 \u201cIt makes my skin crawl, and basically can\u2019t even bring myself to look at him or in his direction,\u201d said one classics student on running into Harris in the library. The student spoke to Spectator on the condition of anonymity for fear of retaliation from the University. One faculty member, who works with classics and classical studies students, expressed their frustration over the fact that nothing had been communicated to faculty about the conditions of Harris\u2019 use of campus resources, such as the library. \u201cWhen faculty do not know about arrangements like that, it limits our ability to advise graduate students who look to us to be responsible for their wellbeing and to help them navigate uncertain situations like this. ... It is difficult to credibly assert that this is an institution that takes these things seriously when we as faculty are not given any information about how seriously the institution has taken this issue,\u201d the faculty member, who spoke to Spectator under condition of anonymity due to the sensitive nature of the subject, said. After the University formally announced Jessell\u2019s removal, he was permitted to remain in his lab twice a week for eight hours at a time, according to both a researcher and a faculty member at who has worked in close proximity to the Jessell lab. However, Jessell came in nearly every day for at least a month after restrictions were placed, and though his lab was formally dissolved at the end of May 2018, he continued to work with researchers under his supervision until at least late November of that year. The lab equipment from Jessell\u2019s old lab, housed at the medical campus, was moved into the new building at Jerome L. Greene Science Center in Manhattanville that June. Due to the specificity of scientific research, many projects required Jessell\u2019s continuing assistance, the faculty member said. But students and researchers at were not officially made aware that Jessell would be working in the new building, nor were they informed about how long he would be permitted to continue his work there knew he was around because had seen him didn\u2019t know he would be in the new building because his lab was being dissolved, though I\u2019m not surprised either. We just expected him to continue his work, and the University never said anything about the fact that he was still there,\u201d the researcher, who spoke on the condition of anonymity for fear of retaliation, said. In July 2018, Golston was found responsible for \u201csexual assault: contact\u201d and sexual harassment documents show. But the complainant, who is on indefinite leave 2/16/25, 10:51 Up against the invincible: Breaking the black box 4/11 from the University, was only informed that Golston would no longer be allowed to teach or work with students when they directly reached out to administrators for more information, after nearly a year without any update about his access to campus. By contrast, when untenured photography professor Thomas Roma was accused of sexual harassment by five women in January 2018, the University publicly announced that he was banned from campus just two months later. Within Columbia\u2019s current framework to deal with allegations against tenured faculty, Harris\u2019 retirement embodies, in many ways, the best case outcome\u2014he agreed to effectively leave the University, giving up his teaching duties despite a contractual right to continue working. But the opacity of University decision making processes run contrary to the campus community\u2019s call for transparency. And when students lack faith in the systems that are meant to protect them, they lose hope in the very institutions intended to safeguard their academic and personal growth. \u201cShould the statutes be changed to lower the barriers to removing the rights of tenure in part or in entirety given certain findings of misbehavior, whether it\u2019s sexual misconduct or other types of behavior? That is something that is extremely complex and very emotional kind of issue,\u201d Bollinger said to Spectator in February. \u201cWhether we should take this on or not am uncertain myself at this point.\u201d News editor Karen Xia can be contacted at karen.xia@columbiaspectator.com. Follow her on Twitter @xia_karen. Senior staff writer Khadija Hussain can be contacted at khadija.hussain@columbiaspectator.com. Follow her on Twitter @hussainkhadijaa. More In News Features 2/16/25, 10:51 Up against the invincible: Breaking the black box 5/11 When tenure trumps Title IX: 6 takeaways from Spectator\u2019s investigation into faculty sexual misconduct 11, 2019 2/16/25, 10:51 Up against the invincible: Breaking the black box 6/11 Up against the invincible: Breaking the black box 11, 2019 Up against the invincible: Side-stepping the system 11, 2019 Editor's Picks 2/16/25, 10:51 Up against the invincible: Breaking the black box 7/11 Spectator announces 149th managing board 11, 2024 Columbia President Minouche Shafik resigns amid campus turmoil over war in Gaza 14, 2024 2/16/25, 10:51 Up against the invincible: Breaking the black box 8/11 Our Campus. Our Crisis 4, 2024 sweeps occupied Hamilton Hall, arrests dozens 2/16/25, 10:51 Up against the invincible: Breaking the black box 9/11 p p 30, 2024 Dozens occupy Hamilton Hall as pro-Palestinian protests spread across campus 29, 2024 Copyright Spectator Publishing Company. All rights reserved. 490 Riverside Drive, Rm 414, New York 10027 2/16/25, 10:51 Up against the invincible: Breaking the black box 10/11 Subscribe to our newsletter. Email Address Subscribe About Us Usage Rights Contact Us AdvertiseDonateJoinDEI 2/16/25, 10:51 Up against the invincible: Breaking the black box 11/11", "8228_104.pdf": "Columbia still refuses to give the neutral, third-party arbitration. Is this indicative of a deeper institutional issue? By Millie Felder / Senior Staff Photographer One of the most pertinent issues the union hopes to include in its contract is a provision giving graduate workers the right to neutral, third-party arbitration in cases of harassment and discrimination 25, 2021 10:29 During the fifth day of the Graduate Workers of Columbia-United Auto Workers strike on Friday, March 19, a crowd gathered around the sundial to rally in support of the union\u2019s demands for a fair contract. Lindsey Boylan, Business \u201912, a candidate for Manhattan Borough President, spoke at the rally, not about the alleged sexual Share 2/16/25, 10:51 Columbia still refuses to give the neutral, third-party arbitration. Is this indicative of a deeper institutional issue? 1/12 harassment she faced as a staffer for Gov. Andrew Cuomo, but instead about her experiences of harassment while she was a student at Columbia thought would tell a brief story about sexual harassment and institutional failure,\u201d Boylan said in her speech. \u201cNot the one you think I\u2019m going to tell.\u201d After two years of unsuccessful negotiations, the declared a strike that began on March 15. Union members have stopped conducting research and teaching classes until they successfully negotiate their first labor contract with the University. One of the most pertinent issues the union hopes to include in its contract is a provision giving graduate workers the right to neutral, third-party arbitration in cases of harassment and discrimination in situations where the outcomes that are determined by the University\u2019s Office of Equal Opportunity and Affirmative Action are inadequate or unjust. Although the Columbia Postdoctoral Workers-United Auto Workers won a similar article in their contract last year, the University continues to assert that the right to third-party arbitration is unnecessary for student-workers. The bargaining committee has maintained that the current provision is inadequate because in its failure to provide external arbiters, the University still fundamentally defines union members as students instead of workers. \u201cGraduate workers are the only workers on campus who don\u2019t have third-party arbitration when it comes to discrimination and harassment, which means that if we have a hostile work environment because an advisor or someone who has control over the amount of work we are able to do [or] our future career prospects is responsible, we have no way of guaranteeing fair treatment,\u201d said Christine Prevas, GSAS, a second-year Ph.D. candidate and teaching assistant in the department of English and comparative literature. Last week during bargaining discussions, the University suggested an internal appellate review panel made up of faculty members to reevaluate harassment and discrimination cases. The bargaining committee and its supporters believe that this proposal is inadequate because faculty members, as agents of the University, could have an incentive not to defend student-workers. \u201cIt has a chilling effect on more people coming forward if the same people that are going to investigate claims are the people that they\u2019re accusing of doing something wrong,\u201d Boylan said. 2/16/25, 10:51 Columbia still refuses to give the neutral, third-party arbitration. Is this indicative of a deeper institutional issue? 2/12 On Wednesday, interim Provost Ira Katznelson revealed a revised plan which he believes \u201cwould establish Columbia as a leader in this evolving area of workplace protections\u201d in an email to the entire University. According to his plan, Columbia would move to create a neutral and independent appellate review panel made up of \u201cindividuals with experience in higher education and/or employment law\u201d who are not faculty or administrators. The proposal would also increase the grounds for appeal from two\u2014new evidence or a procedural mistake\u2014to four, including prosecutorial bias and policy misinterpretation. The University hopes this will help streamline the review process, unlike third-party arbitration, which Columbia claims can be drawn-out and difficult for survivors. The bargaining committee is still arguing for third-party arbitration. It contends that the University proposal provides too few grounds for appeal and criticizes that the appellate board would not be available for cases the dismisses before review. Furthermore, the bargaining committee believes internally-decided consequences are typically inadequate or not communicated to the complainant, and does not want to be the only union on campus without third- party arbitration. These negotiations are taking place in the aftermath of intense inspection of systemic gender-based misconduct, harassment, and violence, both within and outside the University. In 2017, William Harris, a former professor of history, stepped down from his position after being accused of sexually assaulting a doctoral student. In 2018, Thomas Jessell, a professor who helped found Columbia\u2019s Mind Brain Behavior Institute on the Manhattanville campus, was found guilty of sexual misconduct when it was discovered that he was engaged in a years-long sexual relationship with a laboratory employee under his supervision. That same year, the found English professor Michael Golston guilty of sexually assaulting and harassing a student, though his punishment remains unclear. Ludda Ludwig \u201924, a member of the bargaining committee and a Ph.D. candidate in the department of earth and environmental science, believes the third- party arbitration article will solve issues related to the underreporting of incidents, a prevalent problem on campuses nationwide. She hopes the additional option of third- party arbitration will inspire survivors, who may fear retaliation from the institution, to report cases of sexual misconduct or harassment. The University, on the other hand, does not believe the addition of third-party arbitration will help with underreporting. 2/16/25, 10:51 Columbia still refuses to give the neutral, third-party arbitration. Is this indicative of a deeper institutional issue? 3/12 \u201cThere\u2019s a strong sentiment among Columbia students, graduate workers or not, that they don\u2019t trust EOAA,\u201d Ludwig said. \u201cEither that it\u2019s very burdensome to go through and it\u2019s not worth it because it\u2019s going to be ineffective in the end, or that it\u2019s actually problematic to go through, and people don\u2019t want to report which is a big problem. Underreporting is a big problem at every university; it\u2019s a problem at Columbia. And in order to make that better, you have to have a system that you can trust.\u201d However, the question remains: What does the University have to lose from allowing external arbiters to appeal decisions? Lillian Coie \u201918 \u201919 and \u201922, a member of the bargaining committee and a Ph.D. candidate in neurobiology and behavior, believes Columbia\u2019s chief concern is ensuring that resolutions shield the University, often at the complainant\u2019s expense. \u201cThey want to keep it internal. They want to make sure that the person making the call at the end of the day has Columbia\u2019s best interest at heart, and this, of course, isn\u2019t something that they\u2019ll admit to at the table because the deans at the table do understand that harassment of student-workers is a big issue, but their hands are tied,\u201d Coie said. \u201cThis is obviously a decision that\u2019s being made at the higher levels of the University. \u2026 It might actually cost some faculty their jobs if there were legally binding settlements in some of these cases.\u201d Mistrust of the University\u2019s internal mechanisms stems from institutional failures to adequately defend survivors professor in Columbia\u2019s English department, who has chosen to remain anonymous, believes \u201cthe system just isn\u2019t set up to protect students or faculty who are vulnerable to abuse.\u201d When she heard about a colleague in her department who had engaged in sexual misconduct, she worked with the survivor to bring the case to the EOAA. \u201cThere was ridiculously strong evidence of how badly and inappropriately and, in many cases, illegal he had been behaving worked really closely with a graduate student who most recently and immediately had been sexually assaulted by him, and didn\u2019t want to pressure her, but did want her to go on the record if she could possibly bring herself to it,\u201d the professor said saw, through her eyes or approximate to her, just how hard it was for her to do that, how her reluctance to do that was well-grounded in reality because, in fact, once she did start making a complaint, the deck is brutally stacked against the complainant, the University is just covering their ass.\u201d According to the 2019-2020 Annual Report, of the 23 reports of gender-based misconduct the reviewed last year, only four resulted in a finding of policy 2/16/25, 10:51 Columbia still refuses to give the neutral, third-party arbitration. Is this indicative of a deeper institutional issue? 4/12 violation. According to the University\u2019s research, of those 23 reports, only one was dismissed because of lack of evidence. If the office determines that a case does violate their policy, the communicates that finding to the Respondent\u2019s supervisor or to the appropriate sanctioning officer,\u201d meaning that the respondent\u2019s punishment is dealt with by a faculty supervisor rather than the itself. The bargaining committee believes these sanctions tend to be inordinately light. \u201cThere\u2019s no option to appeal the decision of the investigation, so if they decided that there wasn\u2019t a policy violation, there\u2019s nothing you can do to follow up. And if they do decide there was a policy violation, and there\u2019s a sanction that\u2019s implemented, you don\u2019t have any say over what that is, as the complainant, and in most cases, you probably won\u2019t be informed either,\u201d Ludwig said. \u201cThat [sanction] is often a one-on- one conversation or training or something like that. You might feel that that\u2019s not actually the steps that can get you a safe workplace \u2026 and there\u2019s nothing you can do as a complainant to have a say in that or to appeal it.\u201d For complainants, these light sanctions can fail to provide a safe post-harassment working environment. The English professor spoke about another instance of misconduct in which a male faculty member was protected above the complainant, leading the graduate student to \u201cswitch fields and switch advisors, and also leave academia.\u201d In this instance, the male faculty member asked a graduate student to have dinner with him. She refused, and when they later saw each other at a party, it \u201cended up with the student basically running away down the stairwell with this male professor screaming after her, abusively, to come back and talk to him.\u201d The student subsequently reported the case to the EOAA. \u201cThe investigation found that the charge was warranted [and] that it had happened. But as far as we know, absolutely nothing ever happened about that,\u201d the professor said. \u201cThis was part of a broader picture for this faculty member in question. \u2026 [He spoke] in a way to women faculty and women students that was well beyond the bounds of appropriate workplace behavior. \u2026 But as far as know, the University just did absolutely nothing. It\u2019s not paranoia for graduate students and indeed, female faculty, to believe that the University isn\u2019t helping them.\u201d Even with Katznelson\u2019s proposed appeals panel compromise, many graduate student-workers do not trust the EOAA. Evelyn MacPherson \u201920 \u201925, a second-year doctoral student and teaching assistant, believes the University holds too much power over graduate student-workers for any internal mechanisms to be considered fair and impartial. 2/16/25, 10:51 Columbia still refuses to give the neutral, third-party arbitration. Is this indicative of a deeper institutional issue? 5/12 \u201cOne thing that has become abundantly clear throughout all of this is that Columbia does not always place the graduate students\u2019 best interest at heart,\u201d MacPherson said. \u201cColumbia is very much a company town when it comes to graduate students. They\u2019re my employer, they\u2019re my landlord, they\u2019re in control of my future\u2013\u2013not just in terms of education, but also career.\u201d For some, the University\u2019s refusal to provide the union\u2019s demanded third-party arbitration for graduate workers, despite its position in the postdoctoral trainee union contract, is indicative of a deeper institutional issue. \u201cStudents and other trainees are very similar. Postdoctoral trainees have this in their contract, and work right alongside postdoctoral trainees. What we do day-to-day is almost indistinguishable. \u2026 It just makes us beg the question, what kind of relationships are you having with your students that are different from a relationship that you have with your trainees? And why do you not want anyone looking into this or looking into why you might have different relationships?\u201d Coie said. Amid a national examination and redefinition of established power structures affiliates hope for change within the University. As the strike surges on, student-workers say they will continue to fight for the right to neutral, third-party arbitration. \u201cThinking about all of these little ways that harassment affects everything that we try to achieve in this world couldn\u2019t be more proud to stand for you,\u201d Boylan said in her speech. \u201cWe\u2019re not going to see change in this world until the face of harassment changes.\u201d Staff writer Irie Sentner can be contacted at irie.sentner@columbiaspectator.com. Follow him on Twitter @iriesentner. Want to keep up with breaking news? Subscribe to our email newsletter and like Spectator on Facebook. More In News 2/16/25, 10:51 Columbia still refuses to give the neutral, third-party arbitration. Is this indicative of a deeper institutional issue? 6/12 Morningside Heights residents file lawsuit against Columbia over campus closure 16 2/16/25, 10:51 Columbia still refuses to give the neutral, third-party arbitration. Is this indicative of a deeper institutional issue? 7/12 New York representatives and residents rally against Mayor Adams allowing into schools and hospitals 16 Office of Institutional Equity launches mandatory antidiscrimination training 16 2/16/25, 10:51 Columbia still refuses to give the neutral, third-party arbitration. Is this indicative of a deeper institutional issue? 8/12 Editor's Picks Spectator announces 149th managing board 11, 2024 2/16/25, 10:51 Columbia still refuses to give the neutral, third-party arbitration. Is this indicative of a deeper institutional issue? 9/12 Columbia President Minouche Shafik resigns amid campus turmoil over war in Gaza 14, 2024 Our Campus. Our Crisis 4, 2024 2/16/25, 10:51 Columbia still refuses to give the neutral, third-party arbitration. Is this indicative of a deeper institutional issue? 10/12 sweeps occupied Hamilton Hall, arrests dozens 30, 2024 Dozens occupy Hamilton Hall as pro-Palestinian protests spread across campus 29, 2024 2/16/25, 10:51 Columbia still refuses to give the neutral, third-party arbitration. Is this indicative of a deeper institutional issue? 11/12 Copyright Spectator Publishing Company. All rights reserved. 490 Riverside Drive, Rm 414, New York 10027 Subscribe to our newsletter. Email Address Subscribe About Us Usage Rights Contact Us AdvertiseDonateJoinDEI 2/16/25, 10:51 Columbia still refuses to give the neutral, third-party arbitration. Is this indicative of a deeper institutional issue? 12/12", "8228_105.pdf": "(/) ( \uf009Freethought Blogs Trivial Knot ( Affinity ( Against the Grain ( Andreas Avester ( ster/) Atheism, Music, and More... ( ) Bill Seymour ( Daylight Atheism ( Death to Squirrels ( Fierce Roller ( Freethinking Ahead ( ahead/) From the Ashes of Faith ( Geeky Humanist ( nist Have Forgiven Jesus ( Impossible Me ( e/) Intransitive ( Jonathan's Musings ( Life's a Gas ( Mano Singham ( stand with Ilhan, too ( stand-with-ilhan-too/) \u00bb \u00ab Ivanka the Vacant ( the-vacant am a member of a highly privileged class m a tenured college professor. It took hard work to get here (and hard work to do the job!), but sometimes I\u2019m reminded of how many advantages have. Look at how one of my peers in geology acted in his job ( allegations-sexual-harassment-antarctica- leveled-noted-scientist)! 2/16/25, 10:52 am a member of a highly privileged class 1/14 Marissa Explains It All ( Nastik Deliberations ( Oceanoxia ( Pervert Justice ( e/) Pharyngula ( ) Primate Chess ( s/) Pro-Science ( Recursivity ( Reprobate Spreadsheet ( Stderr ( Taslima Nasreen ( The Bolingbrook Babbler ( The Digital Cuttlefish ( YEMMYnisting ( g [Last 50 Recent Posts] ( posts/) Tesla buyers' remorse ( 5/02/16/tesla-buyers-remorse/) Mano Singham ( - Published by Mano Singham ( I'm not banal enough to be a columnist ( 025/02/16/im-not-banal-enough-to-be-a- nyt-columnist/) Pharyngula ( - Published by Myers ( Risky heroics ( 2025/02/16/risky-heroics Trivial Knot ( - Published by Siggy ( Paging Alan Humphrey ( /16/paging-alan-g-humphrey/) Life's a Gas ( - Published by B\u00e9b\u00e9 M\u00e9lange The first complainant, Jane Willenbring, now an associate professor at the Scripps Institution of Oceanography, part of the University of California, San Diego, alleges that Marchant repeatedly shoved her down a steep slope, pelted her with rocks while she was urinating in the field, called her a \u201cslut\u201d and a \u201cwhore,\u201d and urged her to have sex with his brother, who was also on the trip. The second complainant, Deborah Doe (a pseudonym), who was in Antarctica for two austral summers during this era, reports that Marchant called her a \u201cc\u2013t\u201d and a \u201cbitch\u201d repeatedly. She alleges that he promised to block her access to research funding should she earn a Ph.D. She abandoned her career dreams and left academe third woman, Hillary Tulley, a Skokie, Illinois, high school teacher, describes her experience in a supporting letter filed with investigators. \u201cHis taunts, degrading comments about my body, brain, and general inadequacies never ended,\u201d she writes. She claims Marchant tried to exhaust her into leaving Antarctica. \u201cEvery day was terrifying,\u201d she says in an interview with Science. That\u2019s from a year and a half ago. At that time, after years of harassing students, he was the chair of his department at Boston University and was about to be honored by the for his work. It\u2019s amazing what we professors can get away with. 2/16/25, 10:52 am a member of a highly privileged class 2/14 Register ( p-login.php?action=register) Log in (/wp-login.php? redirect_to= aryngula/2019/04/14/i-am-a-member-of-a- highly-privileged-class/) I'm not banal enough to be a columnist ( 025/02/16/im-not-banal-enough-to-be-a-nyt- columnist get email ( 025/02/15/i-get-email-102/) Libraries rule, Amazon drools ( 025/02/15/libraries-rule-amazon-drools/) The latest news on creationism in Kentucky ( ( ) The Probability Broach: Meet L. Neil Smith ( 5/02/14/tpb-meet-l-neil-smith/) Daylight Atheism ( - Published by Adam Lee ( Heard This One Before? ( 025/02/14/heard-this-one-before/) Reprobate Spreadsheet ( - Published by Hj Hornbeck ( Funding and Me ( 25/02/13/nih-funding-and-me/) Bill Seymour ( - Published by billseymour ( Creativity. Some Personal Observations ( 02/12/creativity-some-personal- observations/) Stderr ( - Published by Marcus Ranum ( LGBT+ History Month 2025: Activism and Social Change ( g/2025/02/11/lgbt-history-month-2025- activism-and-social-change/) YEMMYnisting ( - Published by Yemisi Ilesanmi ( g) \uf002 Recent Posts Recent Comments Archives That\u2019s changing though. Marchant has been fired ( university-fires-geologist-who-sexually- harassed-women-antarctica), finally. He denies ever harassing anyone, which is part of the problem \u2014 he probably didn\u2019t think his behavior was harassing at all. And he\u2019s not alone. Student journalists have been investigating professors of ill repute on the Columbia University campus. They found all kinds of interesting problems ( features/2019/04/11/when-tenure-trumps- title-ix-6-takeaways-from-spectators- investigation-into-faculty-sexual- misconduct/). Search this website\u2026 2/16/25, 10:52 am a member of a highly privileged class 3/14 025/02/15/the-latest-news-on-creationism- in-kentucky/) Fridays are not working for me ( 025/02/14/fridays-are-not-working-for-me whale puked him up ( 025/02/14/a-whale-puked-him-up/) The Harvest ( 025/02/14/the-harvest-2 little good news ( 025/02/13/a-little-good-news-2 bet you think this day is about him, don't you? ( 025/02/12/i-bet-you-think-this-day-is-about- him-dont-you/) Discovery Institute \u2665 Joe Rogan & Bret Weinstein ( 025/02/12/discovery-institute-joe-rogan- bret-weinstein The Infinite Thread ( thread-xxxiv vucodlak on I\u2019m not banal enough to be a columnist ( 5/02/16/im-not-banal-enough-to-be-a-nyt- columnist/comment-page-1/#comment- 2254722) woozy on I\u2019m not banal enough to be a columnist ( 5/02/16/im-not-banal-enough-to-be-a-nyt- columnist/comment-page-1/#comment- 2254720) John Morales on I\u2019m not banal enough to be a columnist ( 5/02/16/im-not-banal-enough-to-be-a-nyt- columnist/comment-page-1/#comment- 2254715) Bekenstein Bound on I\u2019m not banal enough to be a columnist \uf0c9 \uf0c9 English professor Michael Golston was found responsible for sexually assaulting and harassing a student, according to documents from an investigation conducted by Columbia\u2019s Office of Equal Opportunity and Affirmative Action. However, months later, he still retained access to campus and his Columbia-owned faculty apartment. Over a year later, the University has given no official update regarding his teaching status or access to campus to either the complainant or the chair of his department. Business school professor Geert Bekaert was convicted in federal court for retaliating against Enrichetta Ravina, former assistant professor of finance, after she reported him to the University for sexual harassment. Today, Bekaert continues to oversee research projects and teach classes on campus. According to a lawsuit filed by Jane Doe, former history and classics professor William Harris repeatedly sexually harassed her, then disparaged her to their colleagues when she refused him. Although he retired as a part of a settlement with the University nearly two years ago, Harris still frequents campus, particularly reading rooms in Butler Library where classics students perform research. He also still lives in his Columbia-owned faculty apartment. 2/16/25, 10:52 am a member of a highly privileged class 4/14 ( 5/02/16/im-not-banal-enough-to-be-a-nyt- columnist/comment-page-1/#comment- 2254714) dangerousbeans on I\u2019m not banal enough to be a columnist ( 5/02/16/im-not-banal-enough-to-be-a-nyt- columnist/comment-page-1/#comment- 2254713) John Morales on I\u2019m not banal enough to be a columnist ( 5/02/16/im-not-banal-enough-to-be-a-nyt- columnist/comment-page-1/#comment- 2254712) John Morales on I\u2019m not banal enough to be a columnist ( 5/02/16/im-not-banal-enough-to-be-a-nyt- columnist/comment-page-1/#comment- 2254711) StevoR on get email ( 5/02/15/i-get-email-102/comment-page- 1/#comment-2254710) chrislawson on I\u2019m not banal enough to be a columnist ( 5/02/16/im-not-banal-enough-to-be-a-nyt- columnist/comment-page-1/#comment- 2254709) PaulBC on I\u2019m not banal enough to be a columnist ( 5/02/16/im-not-banal-enough-to-be-a-nyt- columnist/comment-page-1/#comment- 2254702) John Morales on I\u2019m not banal enough to be a columnist ( 5/02/16/im-not-banal-enough-to-be-a-nyt- columnist/comment-page-1/#comment- 2254699) petesh on I\u2019m not banal enough to be a columnist ( 5/02/16/im-not-banal-enough-to-be-a-nyt- columnist/comment-page-1/#comment- 2254697) John Morales on I\u2019m not banal enough to be a columnist ( 5/02/16/im-not-banal-enough-to-be-a-nyt- columnist/comment-page-1/#comment- 2254696) vucodlak on I\u2019m not banal enough to be a columnist \u201cIt makes my skin crawl, and basically can\u2019t even bring myself to look at him or in his direction,\u201d said one classics student on running into Harris in the library. After prominent neuroscientist and Zuckerman Mind Brain Behavior Institute Co-Director Thomas Jessell was found guilty of sexual misconduct by the University, Columbia announced he would be removed from all administrative posts. But eight months later, Jessell remained on campus, continuing to work with students and use research facilities. Columbia has never formally dismissed a tenured faculty member who has been convicted of sexual misconduct, assault, or harassment, University President Lee Bollinger told Spectator in an interview last October. Wow. So the \u201cpunishment\u201d for sexually harassing students is not having to do any committee work anymore? These guys are still getting paid by the university? Note that at the same time, these universities have an army of serfs, the adjuncts ( professors-higher-education-thea- hunter/586168/). 2/16/25, 10:52 am a member of a highly privileged class 5/14 ( 5/02/16/im-not-banal-enough-to-be-a-nyt- columnist/comment-page-1/#comment- 2254694) Mobius on Libraries rule, Amazon drools ( 5/02/15/libraries-rule-amazon- drools/comment-page-1/#comment-2254693 American Atheists ( American Humanist Association ( Atheist Alliance International ( Canadian Atheist ( Daylight Atheism ( m/) Ex-Muslims of North America ( Free Thinking ( Minnesota Atheists ( Rosa Rubicondior ( Sandwalk ( ( The Morning Heresy ( Alas blog ( Amanda Marcotte ( te/) Americans United ( Blue Gal ( Charles P. Pierce ( Driftglass ( Hullabaloo ( Blame the Patriarchy ( Joe. My. God. ( Lance Mannion ( Making Light ( Rewire ( Sadly, No! ( Secular Woman ( \uf0c9 \uf0c9 To be a perennial adjunct professor is to hear the constant tone of higher education\u2019s death knell. The story is well known\u2014the long hours, the heavy workload, the insufficient pay\u2014as academia relies on adjunct professors, non- tenured faculty members, who are often paid pennies on the dollar to do the same work required of their tenured colleagues. That\u2019s from a story about Thea Hunter, a black woman historian who was basically worked to death as an adjunct. She had a number of ailments that bothered her\u2014her asthma, her heart\u2014and the rigors of being an adjunct added to them. Had she been tenured, she would have experienced a sort of security that tenure is designed to provide: a campus office of her own, health insurance, authority and respect with which to navigate campus bureaucracy, greater financial stability. Without tenure, she was unprotected, at the whim of her body\u2019s failings, working long hours for little pay, teaching large survey classes outside of her area of special expertise. As Terry McGlynn, a biology professor at California State University at Dominguez Hills, wrote in The Chronicle of Higher Education, \u201cFull professors benefit from the exploitation of non-tenure-track instructors.\u201d Adjuncts often do the work that other professors don\u2019t want. There really is a deep rich/poor divide in academia. We have a moral obligation to end it. Share this: 2/16/25, 10:52 am a member of a highly privileged class 6/14 Skeptical Humanities ( We Hunted the Mammoth ( Whatever ( Coyot.es Network ( Coyote Crossing ( Discover blogs ( Genomicron ( Genotopia ( Judge Starling (Dan Graur) ( ( Panda's Thumb ( Preposterous Universe ( Sandwalk ( SciAm blogs ( Scicurious ( ) Science after Sunclipse ( ScienceBlogs ( Scientopia ( Skulls in the Stars ( Telliamed Revisited ( The Well-Timed Period ( What's in John's Freezer? ( few things ill-considered ( Aardvarchaeology ( Aetiology ( Class ( Confessions of a Science Librarian ( Deltoid ( Denialism ( Discovering Biology in a Digital World ( \uf0c9 \uf0c9 Tweet ( stand with Ilhan, too ( stand-with-ilhan-too/) \u00bb \u00ab Ivanka the Vacant ( the-vacant Myers ( \uf073 14 April 2019 \uf07b Miscellaneous and Meta ( \uf086 Log in to comment (/wp-login.php? redirect_to= am-a-member-of-a-highly-privileged-class/) Comments 1. lemurcatta 14 April 2019 at 10:47 am ( am-a-member-of-a-highly-privileged- class/#comment-1993132) This is horrible, and do not want to detract at all from the sexual harassment going on in these stories, but also wanted to say that there is a larger phenomenon of advisors torturing their grad students in many other ways and it\u2019s time to shine a spotlight on this. When was still in grad school, some of my peers were on the brink of suicide and when they sought help from university health, their PIs made things a million times worse by making them feel bad they were taking time away from the lab to deal with these things (suggesting explicitly that maybe they weren\u2019t right for academia, making unhelpful comparisons between students, berating them, asking for time to be made up with late nights and weekends in the lab), my regularly Print ( am-a-member-of-a-highly-privileged-class/#print) \uf469 Email ( am-a-member-of-a-highly-privileged-class/? share=email&nb=1) \uf410 Save ( 2&url=https%3A%2F%2Ffreethoughtblogs.com%2Fpharyngula%2F2019%2F04%2F14%2Fi-am-a highly-privileged- class%2F&media=https%3A%2F%2Ffreethoughtblogs.com%2Fpharyngula%2Ffiles%2F2015%2F cuttle8-150x150.png&description=I%20am%20a%20member%20of%20a%20highly%20privileg Share 2/16/25, 10:52 am a member of a highly privileged class 7/14 Dynamics of Cats ( Greg Laden ( Life Lines ( Page 3.14 ( Respectful Insolence ( Starts with a Bang ( Stoat ( Tetrapod Zoology ( The Pump Handle ( Uncertain Principles ( Skepchick ( Skeptical Humanities ( Email Address Subscribe \uf0c9 \uf0c9 told me there is too much focus on student wellness these days and she was always talking about how she had it worse literally felt like an inadequate, lazy human being when myself had to step away from the lab for a summer to deal with my own health issues that stem from a chronic, congenital heart defect was born with. One day my called my cell phone and essentially interrogated me about my commitment to the current project, misunderstood me, and then frantically fired off an email to the other students in the lab about how was probably unreliable. And then there is the endless sexual harassment of a few of my fellow grad students who are women. It\u2019s terrible and it all needs to stop. 2. anthonybarcellos ( 14 April 2019 at 10:48 am ( am-a-member-of-a-highly-privileged- class/#comment-1993133) The community colleges in my college district in California treat our adjuncts as our farm club, and make a point of including adjuncts as candidates in every hiring process for tenure-track faculty. (In fact was an adjunct at the beginning of my teaching in the district.) Not all adjuncts who apply for tenure-track positions get them, but the flow from adjunct to tenure-track is steady. However, what is typical for my community college district is hardly the norm for the four-year academies in the California State University or University of California systems, where part-time employment on short-term contracts can easily become a way of life, and adjunct service is an unending purgatory (as if part-timers are labeled with a scarlet for adjunct\u201d and are permanently consigned to that role). But this is 2/16/25, 10:52 am a member of a highly privileged class 8/14 unlikely to change without pressure from outside from the legislature, because and know adjuncts are cheaper and ever so much easier to boss around. 3. lemurcatta 14 April 2019 at 10:51 am ( am-a-member-of-a-highly-privileged- class/#comment-1993134) Follow up comment: the best teaching had in undergrad in my field was by a recent PhD who was seasonally hired as an an \u201cinstructor\u201d. I\u2019ve follows his career since and he is still doing adjunct work at my undergrad institution and nearby community colleges, years later. 4. leerudolph 14 April 2019 at 11:51 am ( am-a-member-of-a-highly-privileged- class/#comment-1993148 wonder how much this varies by (general) field mean, there are certainly horrible cases of advisor abuse in the humanities (e.g., that story from last year about the Ph.D. program in think, German?), social sciences (e.g., the Dartmouth psychology department), and mathematics (my own field: though have no personal experience, or anything more than rumors from years ago\u2014it\u2019s been a long time since I\u2019ve been in a position either to observe or to hear many rumors\u2026), but the most horrendous stories seem to me to come from lab sciences (even when the horrors aren\u2019t in the lab). Is that accurate or observer bias on my part? 5. lemurcatta 14 April 2019 at 12:05 pm ( am-a-member-of-a-highly-privileged- 2/16/25, 10:52 am a member of a highly privileged class 9/14 class/#comment-1993152 think it\u2019s partly due to the fact that at least in my field (experimental evolution), the lab work has to be done and the grad students are the labor force that executed the work. So the PIs forced us to work 80 hours/week in the lab and skip important life events under the guise of good mentoring. Side note, my also never set foot in the lab the three years was there. She worse skirts every single day to campus which was her excuse if you asked her to come in and look at something (campus regulations require pants and closed toe shoes). 6 Myers ( 14 April 2019 at 12:43 pm ( am-a-member-of-a-highly- privileged-class/#comment- 1993167 was fortunate in that my was supportive of his students, but yeah, there were others remember hanging out with the fourth & fifth year students of one particularly brutal taskmaster, and marveling at the cynicism and despair on display, and hoping wouldn\u2019t be that beaten down as approached graduation wasn\u2019t, I\u2019m happy to say. But it is a harsh process for many. My daughter is currently in grad school, which worried me\u2026but her advisor seems to be one of those genuinely good professors, too. 2/16/25, 10:52 am a member of a highly privileged class 10/14 7 Myers ( 14 April 2019 at 12:45 pm ( am-a-member-of-a-highly- privileged-class/#comment- 1993168) Which reminds me \u2014 my number one advice for students heading off to grad school is to pick your advisor carefully. Don\u2019t go for the one with high academic reputation and a zillion papers, but pick the one who shows the most respect for you (they can be the same person, but it\u2019s rare). 8. robertbaden ( id=1159674804) 14 April 2019 at 4:49 pm ( am-a-member-of-a-highly-privileged- class/#comment-1993207) Maybe there needs to be a government investigation of adjunct employment like there was into engineering contract practices 9. Ichthyic 14 April 2019 at 11:57 pm ( am-a-member-of-a-highly-privileged- class/#comment-1993229) But this is unlikely to change without pressure from outside from the legislature, because and know adjuncts are cheaper and ever so much easier to boss around. However\u2026 The regents are second in effective power in only to the 2/16/25, 10:52 am a member of a highly privileged class 11/14 Governor. not kidding. anyone who has ever dealt with politics in knows this. who the fuck is going to put external pressure on the regents to force change within the system? the war between the regents and the University staff/presidents has been ongoing for many many decades, with the universities themselves fighting an ever retreating action. 10. Ichthyic 15 April 2019 at 12:00 am ( am-a-member-of-a-highly-privileged- class/#comment-1993230) Don\u2019t go for the one with high academic reputation and a zillion papers, but pick the one who shows the most respect for you that isn\u2019t always an easy thing to recognize as a new grad student. as a more general rule, if you pick someone who is relatively new to being a professor, they will be far more invested in seeing you succeed, because your success = their success. it\u2019s much more risky to pick someone who has been in the game for a long time; you can get caught in the shuffle all too easily. if you are doing research in the field FIELD. that was my mistake. 11. anthonybarcellos ( 15 April 2019 at 12:28 am ( am-a-member-of-a-highly-privileged- class/#comment-1993232) 2/16/25, 10:52 am a member of a highly privileged class 12/14 However\u2026 The regents are second in effective power in only to the Governor. not kidding. anyone who has ever dealt with politics in knows this. It\u2019s quite true, because the University of California is a constitutionally ordained institution, making the system\u2019s regents a power unto themselves, like a fourth branch of California government. Still, they cannot appropriate their own budget, giving the governor and legislature significant leverage, if only they choose to use it. Reagan successfully forced the regents to impose tuition on students right after he became governor. Newsom could establish guidelines on the use of adjuncts, but I\u2019m not aware that it\u2019s on his list of priorities. 12. jmc42 15 April 2019 at 6:08 pm ( am-a-member-of-a-highly-privileged- class/#comment-1993384 am in a unique position spent 36 years as a public educator in science as a teacher, science supervisor, assistant principal and director of curriculum in instruction retired and failed retirement as my daughter likes to say spent a semester as an adjunct. They liked what did and hired me on a contract am full time and get benefits including money put into a retirement account, a percentage of my gross salary. The pay scale is the same as anyone with my credentials. The adjuncts and the non tenure track full time teaching professors are unionized. New adjuncts are on a year to year contract for the first two years. Commencing with the 3rd year the contract is a 3 yr one. At the start of the 6th year you can apply for status as a senior teaching professor (and complete 2/16/25, 10:52 am a member of a highly privileged class 13/14 \u00a9 2014 - FreethoughtBlogs.com the same paperwork as you would for tenure status as a professor) that includes a pay bump. This all sounds great but now there are rumors of people in these categories who are not being rehired. It will be interesting to see how that plays out. For me this works. But if had not had a career before this and had a retirement already it would be problematic. No stability long term. How do you provide for a yourself and a family if you are always up in the air. 2/16/25, 10:52 am a member of a highly privileged class 14/14"} |
7,251 | Kayode Adesogan | Brown University | [
"7251_101.pdf",
"7251_102.pdf",
"7251_103.pdf",
"7251_104.pdf"
] | {"7251_101.pdf": "1ST v (1999) United States Court of Appeals,First Circuit. Marketa WILLS, Plaintiff, Appellant, v UNIVERSITY, et al., Defendants, Appellees. No. 98-1701. Decided: July 15, 1999 Before BOUDIN, LYNCH, and LIPEZ, Circuit Judges. Sheila A. Engelmeier with whom Shane H. Anderson and Mackall, Crounse & Moore were on brief for appellant. Steven M. Richard with whom Peter J. McGinn, Tillinghast Licht & Semonoff Ltd., Beverly E. Ledbetter, and Janice E. Wright were on brief for appellees. This appeal involves a lawsuit seeking damages for sexual harassment brought in the district court by the plaintiff, Marketa Wills, against Brown University and one of its former teachers, Professor Kayode Adesogan. The principal issues on appeal, but not the only ones, involve Title of the Education Amendments of 1972, 20 U.S.C. \u00a7 1681 et seq. The background events and the proceedings in the district court are as follows. Adesogan, a chemistry professor at a Nigerian university, taught as a visiting professor at Brown between 1991 and 1994. In the fall semester of 1992, Wills-then a sophomore at Brown-took a course in organic chemistry. Although assigned to a section taught by Professor Ronald Lawler, Wills began to attend lectures in the other organic chemistry section, this one taught by Adesogan. Wills had earlier introduced herself to Adesogan at a social event and attended a small study group held by Adesogan in addition to his formal lectures. On December 9, 1992, Wills sought out Adesogan in his office because she was having difficulty in the course. During this encounter, while purporting to pray with Wills, Adesogan twice pulled Wills into his \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/16/25, 10:53 v (1999) | FindLaw 1/30 lap, allegedly put his hand under her shirt, rubbed her stomach and twice touched or rubbed her breasts. The next day Wills met with Dean Karen Romer, who was then associate dean of academic affairs and had special responsibility for sexual assault or harassment claims; on December 14, 1992, Wills filed a written complaint. This incident lies at the core of Wills's subsequent suit against Brown and Adesogan. In response to Wills's written complaint, Provost Frank Rothman and Dean of Faculty Bryan Shepp met with Wills on December 14, 1992, and then separately with Adesogan on December 15, 1992. Adesogan admitted hugging Wills, drawing her onto his lap and touching her breast, although he denied placing his hand under Wills's shirt. By letter dated December 23, 1992, Rothman placed Adesogan on probation, stating in a written reprimand that a further incident would be grounds for immediate dismissal but that this appeared to be Adesogan's first instance of improper behavior during his stay at Brown. Rothman was mistaken. In October 1992, Adesogan had inappropriately hugged and touched another student, Laura Schleussner, who was enrolled in his section and had come to meet with him for help. Schleussner had then met with Dr. Barbara Tannenbaum, a lecturer at Brown, who was acting as an ombudswoman for Brown to oversee sexual harassment services. At trial, Schleussner and Tannenbaum gave somewhat different versions of the meeting, especially as to how much detail Schleussner provided. It appears that Schleussner wanted to remain anonymous but did want something done to prevent repetitions. Schleussner had also complained to a chemistry department lecturer whom she knew and trusted, and that lecturer spoke in due course with Lawler, who taught the other section of organic chemistry. Lawler in turn told Adesogan that students would feel more comfortable if Adesogan kept his door open when conferring with students, but Lawler-who may have known few details-did not further advise the provost or anyone else in Brown's administration. In February 1993, Rothman accepted the recommendation of the chemistry department that Adesogan be retained for another year and given a raise. In September 1993, another student, Tilly Gurman, filed a complaint that Adesogan had sexually harassed her in the fall of 1992. Romer informed Rothman, and Romer suggested no action because the Gurman incident had occurred before Adesogan had been reprimanded, and both Romer and Rothman believed that the warning to Adesogan in December 1992 had been sufficient. In January 1994, another student, Amy Sanford, reported to Romer that between the fall of 1993 and January 1994, Adesogan had engaged in inappropriate conduct with Sanford (e.g., by repeated hugs and kisses), and Sanford told Romer that Adesogan had previously harassed another friend. Romer reported the matter to her immediate superior but it was not carried further, apparently because Sanford had not wanted it officially pursued. 2/16/25, 10:53 v (1999) | FindLaw 2/30 Wills, after her own experience with Adesogan in December 1992, had not sought any further contact with him. She saw him thereafter on two different occasions: first, on an unspecified date, Adesogan entered a drugstore where Wills was working, and Wills immediately retreated to a back room; second, in January 1994, Wills enrolled in another chemistry course and discovered that Adesogan was the teacher. Wills testified that she rarely attended the lectures after the first session, but Adesogan did not long remain at Brown. During March 1994, Brown received further complaints of harassment by Adesogan from six or more other female students. That same month Brown dismissed Adesogan. Wills ultimately graduated from Brown and later enrolled in medical school in Pennsylvania. In December 1995, just short of three years after her meeting with Adesogan, Wills filed a complaint in district court against Brown and Adesogan. The complaint set forth eight counts against Brown, Adesogan, or both, under state law (counts through 1 ) and two further federal claims against Brown under Title IX, one designated \u201chostile environment sex harassment\u201d (count IX) and the other designated \u201cquid pro quo sex harassment\u201d (count X). Adesogan never responded, and the case proceeded solely against Brown default judgment in the amount of $275,000 was later entered against Adesogan. In due course, Brown moved for summary judgment as to all counts against it. Following a hearing on November 24, 1997, the district court granted summary judgment in Brown's favor as to the claims for negligent hiring (count II), negligent retention (but not negligent supervision, which was a part of the same count III), negligent entrustment (count IV), and intentional and negligent infliction of emotional distress (counts and VI). Thereafter, the court denied summary judgment on Wills's claims based on a hostile environment theory of sex discrimination. This theory was explicitly set forth in count based on Title (and by implication in count under the state civil rights statute).2 This disposition left for trial four separate claims against Brown: assault and battery (count I), negligent supervision (count III), and sex discrimination based both on a hostile environment and a quid pro quo theory (counts and X). Trial began on March 19, 1998, and when Wills rested her opening case, the district court granted Brown's motion for a directed verdict only as to the assault and battery claim and the quid pro quo sex discrimination claim. Fed.R.Civ.P. 50(a). Following further evidence, the negligent supervision and hostile environment claims were submitted to the jury. On March 31, 1998, the jury returned a verdict in Brown's favor on both claims. Thereafter Wills filed a post-trial motion seeking judgment notwithstanding the verdict and, alternatively, a new trial on these same claims. Fed.R.Civ.P. 50, 59. The district court denied Wills's motion and entered judgment in favor of Brown. Wills now appeals, challenging (in her main argument) the district court's exclusion of evidence on her hostile work environment claim which was rejected by the jury. She also attacks the district court's grant of summary judgment on three of the state tort claims, its grant of directed verdicts 2/16/25, 10:53 v (1999) | FindLaw 3/30 on her assault and battery and her quid pro quo claims, and its denial of a new trial on the two claims rejected by the jury. 1. Title forbids schools that receive federal funding from discriminating against students \u201con the basis of sex.\u201d 20 U.S.C. \u00a7 1681(a). Starting from the now-accepted premise that sexual harassment can constitute sex discrimination, Meritor Savings Bank v. Vinson, 477 U.S. 57, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986), the Supreme Court has endorsed two different, although related, theories as to how such harassment can constitute sex discrimination either in the workplace (Title VII) or school context (Title IX).3 One theory, popularly known as \u201cquid pro quo\u201d harassment or discrimination, occurs most often when some benefit or adverse action, such as change in salary at work or a grade in school, is made to depend on providing sexual favors to someone in authority, Lipsett v. University of Puerto Rico, 864 F.2d 881, 898 (1st Cir.1988); the other theory, under the rubric \u201chostile environment,\u201d applies where the acts of sexual harassment are sufficiently severe to interfere with the workplace or school opportunities normally available to the worker or student. Meritor, 477 U.S. at 66, 106 S.Ct. 2399; Davis v. Monroe County Bd. of Educ., 526 U.S. 629, 119 S.Ct. 1661, 143 L.Ed.2d 839 (1999). In this case, Wills advanced both theories against Brown-one in count and the other in count X. But the evidence now in dispute was offered as support for the hostile environment claim (the quid pro quo claim never reached the jury). Broadly speaking, a hostile environment claim requires the victim to have been subjected to harassment severe enough to compromise the victim's employment or educational opportunities and, in the case of a Title claim (but not under Title VII), the institution must have had actual knowledge of the harassment and have exhibited deliberate indifference to it. Gebser, 118 S.Ct. at 1997-99. If the institution takes timely and reasonable measures to end the harassment, it is not liable under Title for prior harassment. Id. Of course, if it learns that its measures have proved inadequate, it may be required to take further steps to avoid new liability. From the outset, Wills's main claim based on a hostile environment theory has been that Wills was harassed by Adesogan on December 9, 1992, and that Brown is responsible for Adesogan's wrongdoing under Title because Brown had prior notice of the earlier Schleussner episode but did nothing to prevent the threat to other students such as Wills. Wills wanted the jury also to know that after her own harassment on December 9, Brown did not immediately remove Adesogan from the faculty or otherwise take action beyond the reprimand; and, far more important, she wanted it to know that Brown later received additional complaints from others in 1993 and 1994 that Adesogan had harassed a half-dozen or more additional victims. The admissibility issue was presented and resolved in limine. In excluding the evidence, the district judge reasoned that if Brown had sufficient prior knowledge of the Schleussner episode-and this was a fact question-then it was responsible for Adesogan's action on December 9, 1992, regardless whether it later took adequate remedial steps and regardless whether it 2/16/25, 10:53 v (1999) | FindLaw 4/30 got later complaints from other students. Conversely, even if the remedial steps were inadequate and other students were later harassed, this did not create liability on Brown's part for Adesogan's harassment by Wills on December 9, 1992, before the reprimand and before the complaints received in 1993 and 1994. On this theory, the judge drew a sharp line between what happened before and after December 9, 1992.4 At different times, Wills has offered different theories as to why the post-December 9 evidence in question is relevant to Brown's liability, but the argument principally made in the district court-and the only argument fairly developed in her opening brief in appeal-is this: the showing of an inadequate response to harassment is a standard issue in Title litigation and (says Wills) she was therefore entitled to show that Brown's response in December 1992 was inadequate and failed to prevent the harassment of other students thereafter. Wills has cited throughout a set of cases, including one of our own, where inadequate response evidence was central. See, e.g., Gebser, 118 S.Ct. at 2000; Lipsett, 864 F.2d at 902-07. The difficulty for Wills is that evidence of an inadequate response is pertinent to show fault and causation where the plaintiff is claiming that she was harassed or continued to be harassed after the inadequate response. See Gebser, 118 S.Ct. at 1999; Lipsett, 864 F.2d at 907. But here, as already noted, Wills's claim was of a single specific harassment incident that occurred before the reprimand and the later complaints (albeit one that caused continuing damages). There is no mechanical rule that makes such evidence relevant or irrelevant in the abstract: relevance depends on the facts and the theory of the case being pressed. Here, in relation to Brown's liability for the December 9 incident, the reprimand evidence was perhaps thinly relevant because, although it had nothing to do with whether Brown had prior notice before December 9 or whether Adesogan's behavior on that occasion violated the statute, it could arguably have been admitted as casting some backward light on Brown's general attitude-and therefore on the issue whether Brown was \u201cdeliberately indifferent\u201d in its handling of the Schleussner claim and the resulting exposure of other students, including Wills, to Adesogan's behavior. But the reprimand was at best marginal to the main issues at trial-the key evidence on \u201cdeliberate indifference\u201d was what Brown knew and what it did in response to Schleussner's complaint-and, taken alone, the reprimand was more favorable to Brown than to Wills (Brown wanted it in evidence). As it happens, the jury later learned that Adesogan had not been fired until 1994. Wills's real hope was the evidence as to later claims made by other students, Brown's arguably casual treatment of the Sanford claims in January 1994, and the obvious harm inflicted on others by Adesogan's continuing depredations. Yet, this evidence is even more remote to Brown's general attitude in 1992, had a potential for severe prejudice, and would have required the trial to explore circumstances surrounding claims and acts of harassment of other victims which-unlike the 2/16/25, 10:53 v (1999) | FindLaw 5/30 Schleussner episode-had nothing to do with the vital question whether Brown had notice prior to December 1992. In her reply brief on appeal, Wills offers a different theory entirely. In effect, she asserts that Adesogan's harassment of her continued after December 1992 because Adesogan remained as a teacher and Wills was shocked and upset to find him in January 1994 as her teacher in new chemistry course. Her deposition gives a somewhat tamer description of her reaction, but in any event Wills was not required to take any course from Adesogan. Wills's other exposure to Adesogan was a chance glimpse of him in a drugstore at some earlier, unidentified point. It is sufficient answer that theories offered for the first time in the reply brief are not preserved. Executive Leasing Corp. v. Banco Popular, 48 F.3d 66, 67-68 & n. 3 (1st Cir.1995). Indeed, it is doubtful that Wills said enough in the district court to preserve the argument for appeal; at best, there are a few hints. But even if preserved below, the argument has to be renewed in the opening brief on appeal, so that the appellee has a chance to respond. Reply briefs are to counter the appellee's arguments, not to offer new theories of error for the first time. Nevertheless, Wills's belated continuing harassment theory is a very weak one on these facts. On some cases, merely to maintain a harasser in a position of authority over the victim, after notice of prior harassment, could create new liability. But it would not be easy to describe Adesogan's mere presence on a large campus as harassment of Wills, or to describe Brown's reasonably firm reprimand as representing \u201cdeliberate indifference\u201d under Davis, 119 S.Ct. at 1673. Brown's treatment of Sanford's January 1994 complaint is a closer question on the latter issue, but even here Sanford's request for anonymity is not irrelevant and the connection to Wills is slight. However, we need not decide whether this continuing harassment theory could be made to work on the present facts. Even if this theory was fairly presented to the district judge which we doubt-Wills did argue that she had suffered damages after December 1992 but that is a quite different matter-it was not preserved on appeal. Needless to say, this conclusion is not an endorsement of Brown's handling of the Adesogan debacle, which was remarkably inept even when one appreciates that there are due process values for the professor and concerns about student anonymity that help shape university procedures. Wills's remaining evidentiary claims can be briefly answered. She complains that in a non-responsive answer to a question from Wills's counsel, one of the Brown officials testified that Brown had fired Adesogan, and Wills then brought out the fact that he was not fired until March 1994. The district court did not permit further inquiry, and Wills now says that she was \u201cseverely prejudiced\u201d by the non- responsive answer and wrongly deprived of the opportunity to explain to the jury that the reason he was fired was \u201cfor sexually assaulting nearly seven women in one week.\u201d But telling the jury that Adesogan had been fired in 1994 was hardly harmful to Wills: it showed that Brown did not fire Adesogan in December 1992-the very point that Wills says she was so anxious to present to the jury to show the inadequacy of the reprimand-and it probably indicated to the jury that 2/16/25, 10:53 v (1999) | FindLaw 6/30 Adesogan's behavior was even worse than it had already been led to believe by Wills's own testimony. The reasons for excluding the March 1994 harassment incidents has already been discussed. Finally, Wills complains that she was prevented from offering testimony from two students, Tilly Gurman and Eve Zaritsky, who were ready to testify that Adesogan had harassed them in the fall of 1992. Gurman admittedly did not report the incident to Brown until September 1993, and there is no indication that Zaritsky ever reported her allegations. Nothing supports Wills's argument on appeal that the evidence should have been admitted because it increased the likelihood that Brown knew of these incidents prior to December 1992 and was therefore more culpable for failing to remove Adesogan prior to the December 1992 incident with Wills. One other objection to testimony involving former Brown dean, Toby Simon, is not worth discussing. 2. We turn now to Wills's remaining claims of error, starting with the district court's grant of summary judgment as to three of her ten claims: intentional infliction of emotional distress, negligent hiring, and negligent retention. Wills has not appealed from the grant of summary judgment as to the negligent entrustment claim. All four of the these claims are governed by Rhode Island law. Starting with intentional infliction of emotional distress, the tort requires \u201cextreme and outrageous\u201d conduct that \u201cintentionally or recklessly\u201d causes severe emotional distress, which must include some physical symptoms. Andrade v. Jamestown Housing Authority, 82 F.3d 1179, 1187 (1st Cir.1996); Elias v. Youngken, 493 A.2d 158, 163-64 (R.I.1985). Wills's opening brief simply asserts in a few sentences that Brown's conduct was extreme and outrageous because it ignored student complaints of sexual harassment by Adesogan and thereby \u201callowed Adesogan to assault Ms. Wills unfettered.\u201d The only knowledge that Brown was shown to have had before the \u201cassault\u201d was the Schleussner incident, but it is common ground that Schleussner did not want to file a formal complaint. Very difficult problems are posed in balancing a student's request for anonymity or limited disclosure against the need to prevent future harassment. Viewed in retrospect, Brown's procedures left much to be desired. But there is nothing to the notion that Brown was behaving outrageously when it failed to pursue the Schleussner complaint beyond the limited informal measures instigated by Schleussner herself. Under Rhode Island law, an employer is required to exercise reasonable care in selecting its employees. Welsh Mfg., Div. of Textron, Inc. v. Pinkerton's, Inc., 474 A.2d 436 (R.I.1984). Wills says that Brown made no search of Adesogan's background before hiring him as a visiting professor beyond a look at his work and resume and an inquiry to one of his colleagues. Whether more was reasonably required does not matter because Wills pointed to no evidence that a more searching inquiry by Brown in Nigeria or elsewhere would have alerted it to the problem he posed. The district court dismissed the claim on this ground and Wills simply ignores this issue on appeal. 2/16/25, 10:53 v (1999) | FindLaw 7/30 Wills's last argument, as to summary judgment, is that the district court should not have stricken the reference to \u201cretention\u201d in her count claiming negligent supervision and retention. The district court struck the retention language because it said that no authority had been provided for such a claim under state law and it thought that the multiplicity of locutions was confusing. The court also said that there was no basis for finding Brown negligent in not firing Adesogan prior to December 1992 and that the only plausible claim was for negligent supervision, which the court sent to the jury. Assuming for the moment that there is a separate state law claim under state law for negligent retention, the two claims on these facts are very close and lack of adequate supervision is certainly the stronger of the two. Indeed, on appeal-in the very brief passage addressed to this issue-Wills muddles her two theories by arguing that \u201cBrown did not supervise or monitor\u201d Adesogan, or give him sexual harassment training or counseling, even after he was put on probation. On the present facts, we are not persuaded that Wills adequately explained her separate \u201cretention\u201d theory or was prejudiced by its omission. The remaining substantial objections are to the district court's grant of a directed verdict in favor of Brown on two other counts: the quid pro quo theory of sexual harassment under Title and the assault and battery claim under state law. The test, in both cases, is whether a reasonable jury could on the evidence presented find in favor of Wills, resolving doubts and credibility issues in her favor; and our review on this issue is de novo. Combustion Eng'g, Inc. v. Miller Hydro Group, 13 F.3d 437, 441 (1st Cir.1993). The quid pro quo theory presents the more complicated issues and we begin with it. Quid pro quo cases normally involve situations in which someone with authority over the victim inflicts a penalty or withholds a benefit to obtain sexual favors, Lipsett, 864 F.2d at 898, and it is easy to understand why the district judge doubted that this case fell into that category. Wills was not a student of Adesogan in December 1992, he had no authority over her grade, he never said anything that conditioned her grade or his tutoring services on Wills's agreeing to submit to his advances, and-as the district court pointed out- she did not testify that she understood Adesogan to be making to such a threat. Accordingly, the judge withdrew this theory from the jury. We are not certain that we agree with the district court's reasoning, although the question may be a close one and need not be finally resolved here. Patently, Wills's stronger claim was for hostile environment and the quid pro quo claim is a stretch. Indeed, in Ellerth, the Supreme Court recently spoke of the \u201climited utility\u201d of distinguishing between quid pro quo \u201cthreats that are carried out\u201d and \u201cbothersome attentions\u201d so severe as to create a hostile environment. 118 S.Ct. at 2264. But at present the categories remain and, if they are to be entirely elided, it is for the Supreme Court to do so. Thus, our question is one of evidence. 2/16/25, 10:53 v (1999) | FindLaw 8/30 Here, it could be argued that while Adesogan had no authority over Wills's grade, informal tutoring is a benefit of Brown's offering; Adesogan's hugging and touching effectively cost Wills the opportunity for further tutoring from Adesogan; and it does not matter whether Adesogan expressed such a threat or whether Adesogan or Wills so interpreted the situation. Certainly threats need not be explicit, see Lipsett, 864 F.2d at 913; Sanders v. Casa View Baptist Church, 134 F.3d 331, 339 (5th Cir.1998), and it is probably an open question under the case law whether this kind of benefit (informal tutoring from a professor not the student's teacher) is enough to create liability under a quid pro quo theory.5 But even if we assume dubitante that there was enough evidence to get to the jury on a quid quo pro claim, there is no way that such an instruction could have altered the outcome here. Sometimes the quid pro quo and hostile environment theories connect to markedly different facts. Imagine a quid pro quo case where a raise is denied to the employee because the employer was turned down on a simple request for a date; and contrast a hostile environment claim based on crude sexual remarks from fellow employees. But on our facts, the theories effectively overlap: the only sense in which a benefit was denied was that Wills felt so uncomfortable in the environment that Adesogan had created that she herself refused to avail herself of his tutoring. This essentially common issue explains why, in this case, the difference between the two theories tends to disappear. Cf. Ellerth. Brown chose in its closing argument to focus primarily on the lack of notice to Brown based on the Schleussner episode, arguing that there was a conflict between Tanenbaum and Schleussner on the issue and that Tanenbaum should be believed. Secondarily, Brown argued that Wills had not been damaged. Either theory would also dispatch the quid pro quo claim but the jury may have adopted neither of these arguments; during jury deliberations it asked the judge to further explain the concept of hostile environment. He declined to elaborate, and a general verdict followed in favor of Brown so we do not know on what ground the jury actually resolved the matter. However, even if the jury found both notice and damage, a jury that (improbably) thought Adesogan's actions too mild to create a hostile environment could not easily have concluded that Wills had been denied the benefit of Adesogan's tutoring. Thus, on the realistic assessment we are asked to make under the harmless error doctrine, there is no practical likelihood that the weaker quid pro quo claim would have prevailed before a jury that rejected the stronger (and manifestly more applicable) hostile environment claim. On our facts, the refusal to instruct on quid pro quo, assuming arguendo that it was error, was harmless. This brings us to Wills's claim that the district court erred in directing a verdict on the assault and battery charge. Since Adesogan's conduct could easily be viewed as assault, the directed verdict turned on whether Brown could be held liable under Rhode Island law for the intentional tort of assault by Adesogan, Brown's employee. Wills argues that under Rhode Island law, a jury could find Brown liable for Adesogan's offensive touching of Wills on December 9, 1992, because it occurred during the course 2/16/25, 10:53 v (1999) | FindLaw 9/30 of an activity that he was hired to perform, namely, the instruction of students. The district judge ruled that this was not the law of Rhode Island. Although (surprisingly) we are not entitled to give special weight on this issue to the experience of the district judge with Rhode Island law, Gibson v. City of Cranston, 37 F.3d 731, 735 (1st Cir.1994), the cases confirm his conclusion. In Rhode Island, an employer is not liable for an assault by its employee merely because it occurred during the course of employee's work. Labossiere v. Sousa, 87 R.I. 450, 143 A.2d 285 (1958) (no liability where waitress pushed customer). Rather, where the employer has not actually authorized the assault, conduct must itself be a reasonable and foreseeable incident of the employee's duties. Bryce v. Jackson Diners Corp., 80 R.I. 327, 96 A.2d 637 (1953) (store manager sought to restrain a customer trying to leave without paying). Obviously, it was no part of Adesogan's duties to hug and grope students who came to him for tutoring. Rhode Island could easily extend liability for intentional torts more broadly and may have done so by statute in some situations. But it has not done so for assault, and the line drawn by Labossiere and Bryce remains in force. Drake v. Star Market Co., Inc., 526 A.2d 517 (R.I.1987). Accordingly, the assault claim was properly withdrawn from the jury because-fully accepting Wills's version of events- Adesogan but not Brown was liable for the assault under state law. Wills's final ground for appeal is the district court's denial of her motion for new trial on the two remaining claims (hostile environment and negligent supervision) rejected by the jury. The district court's discretion in granting or denying a new trial is very broad and the arguments made by Wills are in substance some of the same claims we have already addressed (and no others). This was surely a close case on the claims that went to the jury and it could easily have been resolved in Wills's favor, but juries are there to decide close cases, and nothing required the district judge to afford Wills a new trial. The judgment of the district court is affirmed. Each side shall bear its own costs on the appeal. It is so ordered. This is a vexing case for many reasons. The facts are difficult. The applicable law is complex and evolving. Struggling with these unruly elements, the trial court imposed a simple but erroneous limitation on Wills's Title hostile environment claim by taking an unduly restrictive view of the relevant evidence. Wills's articulation of this hostile environment claim, both at trial and on appeal, was not a model of clarity. The waiver issue on appeal is a close one. In the end, however, despite the thoughtful analysis of my colleagues cannot agree that Wills waived on appeal her claim that Brown is liable for hostile environment sex discrimination on the basis that Brown failed to respond adequately to the hostile educational environment created by Adesogan's assault on her and by his continuing presence in the classroom after that assault. That conclusion requires me to explain why believe that Wills is entitled to a new trial on her claim. 2/16/25, 10:53 v (1999) | FindLaw 10/30 I. Waiver The discussion of the waiver issue on appeal requires an understanding of Wills's presentation of her hostile environment claim to the trial court. Wills presented a hostile environment claim that was premised, in part, on Brown's liability for the December 9, 1992 assault. The district court allowed this claim to go to the jury and she fairly lost on it. But Wills also presented a separate hostile environment claim that was premised on Brown's liability for its inadequate response to the hostile educational environment which arose for Wills following the December 9 assault. For the purposes of this claim, Wills consistently maintained that subsequent events evidence (events following the December 9, 1992 assault) was relevant to establishing Brown's liability. Beginning with her complaint, Wills alleged that as a result of Adesogan's sexual assault, she was deprived \u2024 of the opportunity to receive the full benefit of her education during the relevant period at Brown University. Brown knew or should have known of the environment created by Adesogan and failed to take proper remedial action to eliminate the harassment caused by Adesogan and inflicted upon Wills. In her memorandum in support of her Motion for a Partial Summary Judgment, Wills argued, inter alia, that a single incident of sexual harassment can be severe enough to give rise to a hostile environment and that Adesogan's assault on her was \u201csufficiently severe or pervasive to alter her education and create an abusive educational environment\u2024\u201d Later, during a pre-trial hearing, Wills requested additional time to conduct discovery on issues pertaining to Brown's response to her notice of the assault. She argued that one of the issues in this case is whether Brown took prompt remedial action. Brown is taking the position that one of the pieces of evidence of the fact that they took prompt remedial action is that Ms. Wills was satisfied with what they did. Well, when Brown promises that they are going to give her an advocate to help her figure out what's appropriate, was inappropriate, whether she should be satisfied with what her options are, I'd like to inquire why that didn't happen when that is their policy. The court took a different view of the relevance of such evidence think we are coming back to this fundamental disagreement that we seem to have thought had ruled on this and put this to rest, but it keeps resurfacing that recognize that your position is that what Brown may have done or not done after the alleged assault described by Ms. Wills is relevant to this case. And think thought had ruled that in my view it is not relevant. It would be relevant if there were a second assault on Ms. Wills that resulted from Brown's inaction then it certainly would be relevant, but what is relevant, what this case focuses on is what Brown knew prior to the assault on Ms. Wills and what it did or didn't do to prevent that assault from taking place. 2/16/25, 10:53 v (1999) | FindLaw 11/30 (emphasis added). The court's reference to the relevance of a second assault on Wills is particularly important. The court recognized that even if Wills could not prove that Brown knew of the assault by Adesogan on Laura Schleussner, and hence could not establish that Brown should have prevented Adesogan's assault on her, she would still have a claim against Brown for hostile environment discrimination based on the inadequacy of Brown's response to her report of a sexual assault, but only if Adesogan assaulted her a second time. The court did not accept the proposition that the hostile environment could be the product of events that flowed from the single assault by Adesogan, including Wills's reaction to the assault and Adesogan's continuing presence in the classroom. Despite the court's exclusion from Wills's case of liability evidence subsequent to the December 1992 assault, Brown still felt the need in its oral motion for a judgment as a matter of law at the close of Wills's case to argue that the evidence failed to prove that the assault, although severe, \u201calter[ed] her educational environment.\u201d The background for Brown's concern was a footnote in a First Circuit case, Brown v. Hot, Sexy and Safer Productions, Inc., 68 F.3d 525 (1st Cir.1995), in which we said that \u201cwe do not hold that a one-time episode is per se incapable of sustaining a hostile environment claim.\u201d Id. at 541 n. 13. In response to Brown's insistence that a hostile environment could not be established by the single incident described by Wills, the court queried: You're not saying that this incident wasn't a severe incident. It isn't the severity of the incident, but rather you're saying that no matter how severe the evidence doesn't show that it affected Ms. Wills' educational environment? Brown responded: Correct, your honor. Adesogan clearly acted in an inappropriate manner and the conduct was severe. The question, as understand it, is whether or not it altered her educational environment. And saw no evidence suggesting that. She functioned very well at Brown, she graduated with a good GPA. Was able to move on in life. The court then made this observation: My question to you is guess what-the question you have raised is what constitutes an educational environment. It doesn't sound like you dispute that that would be a highly offensive, despicable, almost every pejorative word you can think of, and you seem to be suggesting that educational environment means that it's got to carry over into the future and have some tangible effect ---. (emphasis added). Brown responded again: Your honor, that's my interpretation, and would not disagree with the court that this single incident was inappropriate, the professor behaved in a severe manner, but the question is how we hold the institution liable and what's the education environment, and would respectfully suggest to the court that you have 2/16/25, 10:53 v (1999) | FindLaw 12/30 to look beyond the single incident, otherwise it is a per se rule creating a hostile environment by this one inappropriate action. At this juncture, the court and Brown both recognized that evidence of Brown's liability for a hostile environment subsequent to the assault by Adesogan on Wills must include evidence beyond the assault itself. Yet that was the very liability evidence that the court had not permitted Wills to introduce. In response to this colloquy between the trial court and Brown, Wills's counsel attempted to again call attention to the existence of the hostile environment occurring after the assault, focusing on Wills's inability to take advantage of education opportunities on campus. She explained: But believe the testimony in this case was that this incident impacted Ms. Wills' ability to study. She took an incomplete in the class. It impacted her ability to function in the following class and so, therefore, the incident, the single incident created for her a hostile environment, her hostile educational environment for Brown\u2024 Despite its intimations of interest at the close of Wills's case, the court ultimately rejected any claim for hostile environment discrimination based on Wills's experiences or Brown's response after the December 1992 assault: My ruling has consistently and clearly been that evidence of what occurred after the alleged assault on Ms. Wills is irrelevant in this case. So would not allow the evidence on these grounds. And you can mark for identification that you say the offer of proof would consist of. If you would like to respond in some way, Mr. Richard will give you that opportunity. Frankly don't see what difference it is going to make, because if this becomes an issue on appeal and the Court of Appeals concludes that this kind of evidence was admissible and might have influenced the outcome, then presumably it would grant a new trial. If it concludes that it wasn't admissible, and it won't, and don't think it is going to make a great deal of difference exactly what the incidents are alleged to consist of, but will leave it up to you Mr. Richard. After the verdict, Wills reiterated in her motion for a new trial that the trial court \u201cprevented [her] from showing Brown failed to take appropriate action to end the harassment. Therefore, [she] could not prove one of the elements she was required to prove under Lipsett to establish Brown's liability for hostile environment sexual harassment.\u201d Despite Wills's arguments to the contrary both before and throughout the trial, the court took the position that, absent a second physical assault by Adesogan on Wills, or some form of direct harassment, Wills had no claim for sex discrimination against Brown occurring after December 9, 1992. In taking that 2/16/25, 10:53 v (1999) | FindLaw 13/30 narrow view of hostile environment discrimination, the district court failed to recognize that Wills's educational experiences at Brown could be altered significantly by a hostile educational environment resulting from Adesogan's assault on her and his continuing presence in the classroom. That failure, in turn, prompted the court to consistently reject all attempts by Wills to introduce evidence of events following the assault on Wills to establish Brown's liability for hostile environment discrimination. In Wills's opening brief on appeal, she focused, inter alia, on the school's response to her complaint: To determine institutional liability under either Lipsett or Gebser, a trier of fact must look to an institution's response once it learns of sexual harassment. Ms. Wills submits that to determine whether an official took \u201cappropriate steps to halt\u201d the harassment (Lipsett ) or whether an official with authority to institute corrective measures was \u201cdeliberately indifferent to the teacher's misconduct\u201d (Gebser ), the trier of fact must examine the institution's response to the complained-of-harassment. This includes an assessment of the action taken against the harasser as a result of the harassment and whether the harassment stopped. Further, the Supreme Court, many years ago, made clear the determination of a hostile environment must be based on \u201cthe totality of the circumstances.\u201d As a result of the district court's misapplication of the law in this case, it precluded the parties from introducing evidence, and specifically precluded Ms. Wills from showing Brown's action against Professor Adesogan as a result of Ms. Wills' assault did not end the harassment\u2024 Accordingly, Ms. Wills was not allowed to show a failure to properly address the harassment, considering the totality of the circumstances. In elaborating on this \u201ctotality of the circumstances\u201d view of hostile environment discrimination in her opening brief, Wills focused far too much attention on the trial court's alleged error in excluding evidence of Adesogan's sexual assaults on other female students at Brown before and after the assault on Wills, without relating that evidence to her own experience of a hostile environment at Brown. She did not refer explicitly to her claim that the \u201ctotality of the circumstances\u201d of a hostile environment included her reaction to the assault on her by Adesogan and his continuing presence in the classroom. In her reply brief, Wills referred to the continuing presence claim more clearly: \u201cWills continued to suffer harm after Adesogan sexually assaulted her due to his continued presence on campus without any real imposition of discipline for his egregious conduct toward her.\u201d She then elaborated: Wills has standing to challenge Brown's remedial action taken after December 9, 1992, as she was mistreated by Brown when she reported the acts of Adesogan, and continued to suffer harm after that date as a result of Adesogan's continued presence on the campus with unbridled authority to interact with students, including Wills. In addition, Wills has standing to challenge Brown's remedial action \u2024 as Brown had actual notice of Adesogan's misconduct and did not halt the harassment. Brown never filed a motion to strike this portion of Wills's reply brief as unfairly presenting a new issue. At oral argument there was extensive discussion of the hostile environment claim and the propriety of 2/16/25, 10:53 v (1999) | FindLaw 14/30 the district court's decision to exclude all post-December 9, 1992 evidence. In both Wills's argument and Brown's, there were inquiries about Wills's continuing presence claim of hostile environment discrimination. Instead of arguing that Wills had waived this claim by not raising it in her opening brief, Brown addressed the claim on its merits, arguing that there was no further harassment of Wills by Adesogan following the assault, and that the trial court was correct to exclude any liability evidence subsequent to the December 9, 1992 assault. Brown's only effort at oral argument to avoid the merits of Wills's hostile environment claim involved an assertion, also set forth in its brief, that Wills never made an offer of proof regarding Brown's conduct following the assault in response to her complaints-not that Wills had waived any argument on appeal. In my view, these exchanges demonstrate that the parties always understood, at trial and on appeal, that Wills's claim of hostile environment discrimination, rather than being limited to Brown's responsibility for its failure to prevent Adesogan's sexual assault on Wills, also included her claim that Brown was responsible for the hostile environment discrimination she experienced after the assault because of its severity and Adesogan's continuing presence in the classroom. Without minimizing the deficiencies in the quality of Wills's opening brief on appeal think there is a significant difference between an argument that is waived and one that is argued poorly. Wills argued her continuing presence claim of hostile environment discrimination to the trial court. This argument in the trial court fairly informs the reference to the \u201ctotality of the circumstances\u201d claim of hostile environment discrimination set forth in her opening brief on appeal. She returned in her reply brief to the explicit iteration of the continuing presence claim of hostile environment discrimination presented to the trial court. Brown never argued in writing or orally that Wills had waived on appeal this claim of hostile environment discrimination. Given the prominence of this claim before the district court, its adequate explanation in the reply brief, and the attention it commanded at oral argument, Wills's vague reference to it in her opening brief should not preclude our consideration of this important issue. II. Wills's Claim There is no dispute that, following the incident on December 9, 1992, Wills was never again physically assaulted or verbally harassed by Adesogan. Nonetheless, Wills argues that Adesogan's continuing presence on the faculty and in the classroom created a hostile environment that altered the terms and conditions of her educational environment, thereby establishing the basis for a claim of sex discrimination against Brown under Title IX. The majority recognizes that \u201cin some cases, merely to maintain a harasser in a position of authority over the victim, after notice of prior harassment, could create new liability.\u201d This is an important recognition. The majority also notes, however, that Wills's \u201ccontinuing harassment theory is a very weak one on these facts think we should be wary of characterizing the strength or weakness of a case that Wills was never allowed to develop fully because of the exclusionary rulings of the trial court. Nevertheless, given what 2/16/25, 10:53 v (1999) | FindLaw 15/30 we do know of Wills's case from pre-trial submissions and arguments before the trial court think she offered the outlines of a plausible claim of continuing presence hostile environment discrimination that she was entitled to present to a jury therefore agree with Wills that the trial court erred in excluding any evidence of Brown's liability for hostile environment discrimination based on Brown's response to Wills's complaint of a sexual assault by Adesogan and its response to other information and events subsequent to December 9, 1992 must explain that position more fully. A. Title and Gebser v. Lago Vista Independent School District Title provides that \u201c[n]o person \u2024 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). Title imposes an obligation on educational institutions receiving federal funds to refrain from denying educational opportunities on the basis of sex. Title is enforceable through an implied private right of action against an educational institution. See Cannon v. University of Chicago, 441 U.S. 677, 99 S.Ct. 1946, 60 L.Ed.2d 560 (1979). That action can include a demand for monetary damages. See Franklin v. Gwinnett County Pub. Schs., 503 U.S. 60, 112 S.Ct. 1028, 117 L.Ed.2d 208 (1992). When Wills brought her case against Brown in 1995, there was uncertainty about the standards of liability for educational institutions under Title IX. The Supreme Court ended this uncertainty in Gebser v. Lago Vista Independent School District, rejecting institutional liability based on agency principles or constructive notice to establish institutional liability. See Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274, 118 S.Ct. 1989, 1999, 141 L.Ed.2d 277 (1998). The Court explained that Title creates obligations that are contractual in nature, \u201cconditioning an offer of federal funding on a promise by the recipient not to discriminate.\u201d Id., 118 S.Ct. at 1997. The focus of Title is on \u201cprotecting individuals from discriminatory practices carried out by recipients of federal funds.\u201d Id. This focus differs from Title VII, which prohibits sex discrimination without regard to federal funding. See id. On the basis of the distinct purpose of Title IX, the Court concluded that: [I]n cases \u2024 that do not involve official policy of the recipient entity, we hold that a damages remedy will not lie under Title unless an official who at a minimum has authority to address the alleged discrimination and to institute corrective measures on the recipient's behalf has actual knowledge of discrimination in the recipient's programs and fails to adequately respond. We think, moreover, that the response must amount to deliberate indifference to discrimination. Id. at 1999. Accordingly, in a Title action, a plaintiff must allege that the recipient of the federal funds-the educational institution-was deliberately indifferent to discrimination on the basis of sex. To establish 2/16/25, 10:53 v (1999) | FindLaw 16/30 the institution's liability, a plaintiff must show that the school had \u201cnotice\u201d of the alleged discrimination. See id. Even if the school had notice of the alleged discrimination, it is not liable for a Title violation unless its response amounted to \u201cdeliberate indifference to discrimination.\u201d See id. B. The continuing presence claim of sex discrimination6 Sex discrimination in education involves the denial of educational benefits or the alteration of conditions of the educational environment on the basis of sex. See Davis v. Monroe County Bd. of Educ., 526 U.S. 629, 119 S.Ct. 1661, 1675, 143 L.Ed.2d 839 (1999). If sufficiently severe, sex harassment, a form of sex discrimination for the purpose of Title IX, \u201ccan be said to deprive the victims of access to the educational opportunities or benefits provided by the school.\u201d Id. The denial or alteration can be the result of inappropriate touching, see Canutillo Indep. Sch. Dist. v. Leija, 101 F.3d 393, 395 (5th Cir.1996), the solicitation of sexual favors in return for educational rewards, see Miller v. Kentosh, No. Civ. A. 97-6541, 1998 355520 (E.D.Pa. June 29, 1998), a pattern of coercive sexual relations between a student and a teacher, see Franklin, 503 U.S. at 63, 112 S.Ct. 1028, or a pattern of severe student on student sexual harassment, see Davis, 526 U.S. at ----, 119 S.Ct. at 1673. The effect of such abusive conduct on a victim does not necessarily end with a cessation of the abusive conduct, particularly if the victim and the abuser retain the same or similar roles in an educational institution. In some cases, the continuing presence of the harasser may so alter the terms and conditions of education that the victim of harassment may be able to establish a claim for sex discrimination. In Gebser, a student who had been involved in a sexual relationship with her teacher sued the school district under Title IX. Once the school was given notice of the sexual relationship between the student and teacher, the school immediately fired the teacher. Therefore, the Court had no occasion to consider the relationship between the continued presence of the teacher in the school and altered conditions of education. However, in Patricia H. v. Berkeley Unified School District, 830 F.Supp. 1288 (N.D.Cal.1993), a district court squarely addressed this issue. Patricia H. brought suit against the school district on behalf of her daughters. Patricia H. had been involved with a teacher in the school district (Hamilton) who, she alleged, molested both of her daughters while Patricia H. and Hamilton were dating. Patricia H. filed criminal charges against Hamilton.7 The school district placed Hamilton on a leave of absence without pay, and then suspended him. The criminal charges were ultimately dismissed, subject to Hamilton's participation in rehabilitation programs and psychological counseling, and his license to teach was reinstated. Hamilton resumed teaching music classes, which he taught throughout the school district, including those schools attended by Patricia H.'s two daughters. On cross-motions for summary judgment, the court was asked to consider whether \u201cthe mere presence of Hamilton as a teacher, a figure of authority and respect, in the schools [the two daughters] were attending, or would have attended but for his presence, created a hostile environment that deprived them of full enjoyment, and during the semesters of their absence, any enjoyment, of their education within the [school district].\u201d Id. at 1296. The court concluded that 2/16/25, 10:53 v (1999) | FindLaw 17/30 [t]he very severity of the molestation, and the grave disparity in age and power between the girls and [the teacher], suggests that a reasonable student, having experienced such an assault, would be intimidated and fearful of [the teacher's] presence at her school, so much so that her fear would interfere with her ability to learn, and to enjoy all aspects of her education fully, even though the alleged molestations were isolated in time and occurred outside of the school setting. The Court is unable to declare, as a matter of law, that [the students] did not experience a hostile environment in the [school district]. The Court, however, also cannot declare that, as a matter of law, a hostile environment did exist. The question, whether a reasonable female student of [the student's] age, having experienced the harassment she alleges, would find [the teacher's] mere presence at [the school] created a hostile environment, is one question for the jury. Id. at 1296-97 (footnotes omitted). The proposition that the presence of a harasser can rise to the level of hostile environment sex discrimination finds support in the Title context.8 In Ellison v. Brady, 924 F.2d 872, 883 (9th Cir.1991), the plaintiff alleged, inter alia, that her employer's decision to allow an employee who had formerly harassed her to transfer back into her office, after a six-month \u201ccooling-off period,\u201d created a hostile work environment. The court accepted the plaintiff's argument, concluding that \u201c[w]e believe that in some cases the mere presence of an employee who has engaged in particularly severe or pervasive harassment can create a hostile work environment.\u201d Id. The court noted that there may be situations where an employer can only fully remedy the harassment by removing the harasser from the work environment. See id. at 883, 883 n. 19. C. The continuing presence claim of sex discrimination in this case 1. The hostile environment: the conduct of Adesogan and its effect on Wills Wills was enrolled in organic chemistry in the fall of 1992 because she planned to attend medical school. Because Wills was having difficulty with the material, she went to see Adesogan in his office for help on December 9, 1992 at 4:00 p.m., where she found him meeting with another student. He told her to come back at 5:30. When she returned, Adesogan looked up the grade on her last exam and asked her why she had done so poorly. Wills told him she had a lot of things going on at home and that she had not been eating. He sent her off to get something to eat and told her to come back at 6:30 since there was no way to study chemistry on an empty stomach. When she returned at 6:30 and found the building locked, she called up to Adesogan's office. He came down, let her into the building, and they went upstairs to his office where Adesogan shut the door. First, Adesogan asked her to join him in prayer.9 He told her that he was glad she was a Christian and asked God to open up her brain so that she could be more receptive to him and to chemistry formulas and equations. Adesogan then worked with Wills on chemistry problems until he announced that they 2/16/25, 10:53 v (1999) | FindLaw 18/30 needed a break time for prayer. He then picked her up, put his arms around her waist and sat her on his lap. As he \u201cprayed\u201d about Wills's eating problems and her performance in organic chemistry, he allegedly put his hand under her shirt, rubbed her stomach and touched her breast. Wills explained that the first time he touched her breast, his hand just grazed her body and she thought that maybe the touching was an accident. After this \u201cprayer\u201d session they returned to studying organic chemistry. About twenty minutes later, he told her they needed to pray again and he again pulled Wills onto his lap. As he was touching her breasts and praying, he told her want you to understand there is no hanky panky stuff going on want to be close to you like father-daughter.\u201d Again, they returned to studying. The third time he pulled her onto his lap for a prayer session and rubbed her breasts, he said: \u201cDon't let the Devil confuse Marketa into thinking that anything that went on today was sexual.\u201d During each prayer session, which lasted about seven or eight minutes, Adesogan sang religious songs. The entire meeting lasted about an hour and forty-five minutes. As she was leaving, Adesogan told Wills that she should go to the small group sessions and that she should meet privately with him before the exam. Together, they would be able to \u201cget it.\u201d Wills never went back to Adesogan's office, or to another organic chemistry class that year. As a result of Adesogan's continuing presence on the faculty, Wills felt the need to avoid him, both on the college campus and in her workplace. She delayed enrolling in the second half of organic chemistry in an effort to distance herself from the trauma of what had happened. When Wills ultimately enrolled in the second half of organic chemistry in the spring of 1994, she discovered that Adesogan was the only professor Brown had assigned to teach the class, a fact she did not know until the day class began. Wills immediately left the class. At trial, she testified that probably tried to muster up some courage to go back to class at least once or twice.\u201d Other than those occasions, she did not return to the class for the rest of the semester. In order to complete her pre-med studies, Wills had to take the second semester of organic chemistry. The University sent Wills a letter that spring offering her one of two options for the second half of the organic chemistry class. She could request a grade option change for the course, which would allow her to take a pass in the course rather than a letter grade. As a pre-med student, however, she was advised to first discuss this option with one of the deans. Or, as the letter said, she could \u201ccut her losses,\u201d take an incomplete in the course and take the class again in summer school, the tuition for which would be waived. The school also offered to write her a letter that would \u201ccontextualize\u201d the difficulties she had experienced. Wills completed the second semester of organic chemistry in summer school. On these facts conclude that a reasonable jury could find that: (1) Adesogan subjected Wills to severe sexual harassment; 10 (2) Wills experienced his continuing presence in the classroom as a hostile environment that altered the conditions of her education at Brown; and (3) a reasonable person 2/16/25, 10:53 v (1999) | FindLaw 19/30 subjected to the harassment that Wills experienced would have had a similar reaction to the continuing presence of Adesogan in the classroom. See Harris v. Forklift Sys., Inc., 510 U.S. 17, 21-22, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993); Davis, 526 U.S. at ---- - ----, 119 S.Ct. at 1674-75. The existence of a hostile environment, however, does not necessarily subject an educational institution to liability under Title IX. Liability only attaches where (1) the educational institution has actual notice of the alleged discrimination, see Gebser, 118 S.Ct. at 1999, and (2) the school's response to the discrimination was \u201cclearly unreasonable in light of the known circumstances.\u201d Davis, 526 U.S. at ----, 119 S.Ct. at 1674. When the educational institution \u201cdoes not engage in the harassment directly, it may not be liable for damages unless its deliberate indifference subjects its students to harassment. That is, deliberate indifference must, at a minimum, cause the students to undergo harassment or make them liable or vulnerable to it.\u201d Id. at 1672 (citations and quotation marks omitted must therefore examine the issues of notice and deliberate indifference. 2. Notice The record is clear that Wills filed a written complaint charging Adesogan with sexual harassment. That written complaint was submitted to the Provost of Brown University, who was charged with investigating allegations of sexual harassment. Wills also met personally with the Provost. Thus, Wills informed an official at Brown, with the authority to address the alleged discrimination and to institute corrective measures, of the assault by Adesogan. See Gebser, 118 S.Ct. at 1999. The record also contains correspondence between Wills and the Dean of the College, which indicates that the school would accommodate Wills's desire to take an incomplete in organic chemistry. This correspondence suggests that Wills gave notice to the University officials in 1992 that she was unable to continue with her organic chemistry studies because of her experiences with Adesogan. Further, in Wills's \u201cMotion to Determine in Advance of Trial the Admissibility of Defendant's Subsequent Acts,\u201d she claimed that Brown \u201cwas aware that she was continuing to experience emotional and academic difficulties as a result of Adesogan's assault upon her in 1992.\u201d Moreover, in a pre-trial conference, Wills's counsel claimed that Wills's name appeared in more than fifteen documents relating to the '93/'94 time frame which indicated that Brown was aware that Wills was continuing to experience significant difficulties at school. At trial, the Dean of the College testified that in the spring of 1994 Wills came to her because of difficulty with the second half of organic chemistry. In Gebser, the school district had received complaints from parents that the teacher involved in a sexual relationship with the student was using inappropriate and sexually explicit language in his class. The Supreme Court rejected the argument that such complaints met the notice requirement of Title IX. \u201cThat [notice] \u2024 consisted of a complaint from parents of other students charging only that [the teacher] had made inappropriate comments during class, which was plainly insufficient to alert the principal to the possibility that [the teacher] was involved in a sexual relationship with a student.\u201d Gebser, 118 S.Ct. at 2/16/25, 10:53 v (1999) | FindLaw 20/30 2000. Contrary to the Gebser scenario, Wills's report to Brown of the sexual assault by Adesogan, of her inability to continue with the study of organic chemistry in the fall of 1992, and of subsequent emotional and academic difficulties she was having because of the assault by Adesogan, was not \u201cplainly insufficient\u201d to alert Brown to the existence for Wills of a hostile educational environment that altered educational conditions for her at Brown. See id. at 1999 (the institution must have \u201cactual knowledge of discrimination in the recipient's programs\u201d). Moreover, there is evidence that Brown knew of Adesogan's assaults on other women students at Brown before Wills attempted to take the second half of organic chemistry in the spring of 1994. Accordingly, the next issue is whether Wills can demonstrate that Brown was deliberately indifferent to discrimination. 3. Deliberate Indifference Once the institution is placed on actual notice of sex discrimination, the institution is given an \u201copportunity to rectify any violation.\u201d Gebser, 118 S.Ct. at 1999. If the response is adequate, the institution satisfies its obligations under Title IX. See id. Only where the institution's response amounts to \u201cdeliberate indifference to discrimination,\u201d id., or \u201cis clearly unreasonable in light of the known circumstances,\u201d Davis, 119 S.Ct. at 1674, will liability attach. This requirement comports with the administrative enforcement scheme for Title which contemplates action only when the \u201cofficial who is advised of a Title violation refuses to take action to bring the recipient into compliance. The premise, in other words, is an official decision by the recipient not to remedy the violation.\u201d Gebser, 118 S.Ct. at 1999. By requiring the plaintiff to prove that the institution's response was deliberately indifferent, there is no \u201crisk that the recipient [of federal funds] would be liable in damages not for its own official decision but instead for its employees' independent actions.\u201d Id. Only \u201cknown circumstances\u201d inform what can be considered a \u201cclearly unreasonable\u201d response. Davis, 526 U.S. at ----, 119 S.Ct. at 1674. Thus, the adequacy of a school's response may change with an increase in the school's knowledge of the circumstances of discrimination. In a case such as this, Brown might not be liable for Adesogan's individual act of sex discrimination (the sexual assault on Wills) because of a lack of notice of any prior misconduct by Adesogan. Moreover, its initial response to a first complaint of misconduct from Wills might be adequate for the purpose of the Gebser and Davis analysis. However, what was an adequate response to a single complaint of sex harassment may become \u201cclearly unreasonable\u201d when the school is placed on notice by additional complaints or other pertinent information. See, e.g., Davis, 526 U.S. at ----, 119 S.Ct. at 1674 (noting that the petitioner might be able to show that the school subjected her to discrimination by failing to respond to complaints of misconduct by both the petitioner as well as other female students). Accordingly, in the context of the hostile environment claim in this case, Wills must demonstrate that Brown's response was deliberately indifferent to the hostile educational environment created for her by Adesogan's assault and continuing presence in the classroom in light of the notice the school received of Wills's ongoing problems with Adesogan's presence and reports from other students of Adesogan's misconduct. 2/16/25, 10:53 v (1999) | FindLaw 21/30 In response to Wills's complaint, the Provost and the Dean of Faculty met with Adesogan who admitted that he had pulled Wills onto his lap, hugged her, and perhaps touched her breast accidentally. The Provost sent Adesogan a letter of reprimand, condemning his behavior and placing him on probation. The Provost warned that \u201ca second incident of unacceptable behavior will constitute grounds for immediate dismissal.\u201d However, in the Provost's deposition, he acknowledged a memorandum from the Dean of the Faculty to all Department Chairs and Directors of Programs, issued in September of 1992, summarizing the University's policy prohibiting members of the faculty from engaging in acts of sex discrimination against students. According to the memorandum, \u201ca faculty member or teaching assistant violating the policy will be subject to immediate suspension and/or dismissal.\u201d Approximately two months after Wills's complaint about the sexual assault, members of the chemistry department recommended that Adesogan be retained for the next academic year, notwithstanding his \u201cmistakes,\u201d and that he be given a raise. Provost Rothman accepted the recommendations and reappointed Adesogan, awarding him a raise. Thereafter, more women came forward to notify Brown of Adesogan's misconduct. In September 1993, Tilly Gurman filed a written complaint alleging that Adesogan had sexually harassed her in the fall of 1992, prior to Adesogan's assault on Wills. The Assistant Dean of Academic Affairs and the Provost decided to take no action, concluding that Adesogan had already been reprimanded and warned of the consequences of his behavior following the event with Wills. In January 1994, Amy Sanford informed the Assistant Dean that Adesogan had hugged and kissed her on a number of occasions in the fall of 1993. Although Sanford did not file a formal complaint, the Assistant Dean did report the allegations to the Dean of the College. No action was taken and Adesogan remained in the classroom. In fact, as already noted, he was the only professor teaching the second half of organic chemistry in the spring of 1994, a gateway course for medical school which Wills had to take. Brown took no further action against Adesogan until March of 1994 when it received complaints from six female students in a one week period that he had assaulted them. On these facts cannot say as a matter of law that Wills could not persuade a reasonable fact-finder that Brown's decision to keep Adesogan on the faculty and in the classroom until March 1994 reflected deliberate indifference to a hostile environment that altered the conditions of Wills's education at Brown. In reaching this conclusion am not suggesting that an educational institution, after verifying a claim of sexual harassment by one of its teachers, must terminate that teacher's employment in order to avoid Title liability. Cf. Davis, 526 U.S. at ---- - ----, 119 S.Ct. at 1673-74. The adequacy of the institution's response, assessed within the rubric of deliberate indifference, will depend on a myriad of factors relating to the nature of the harassment, its duration, the roles of the harasser and the victim before and after the harassment, the nature of their continuing contact, other acts of misconduct by the harasser known to the institution, and the conditions altered by the continuing presence of the harasser. 2/16/25, 10:53 v (1999) | FindLaw 22/30 In this case, a jury never considered this myriad of factors because the district court took an unduly restrictive view of hostile environment discrimination, believing that only a second assault by Adesogan on Wills or some other form of direct harassment would constitute such an environment. The court was unwilling to consider that a hostile environment could exist on the basis of other factors-in this case, the response of Wills to the sexual assault and the continued presence of the harasser in the classroom who, because of his presence, denied Wills a benefit of her education at Brown because of her sex. Title protects individuals from such discriminatory practices carried out by the recipient of federal funds. See Gebser, 118 S.Ct. at 1997. Wills contends that Brown, through its deliberate indifference, was responsible for that denial of an educational benefit because of her sex. The district court wrongly precluded her from presenting this claim to a jury. We should correct that error 1. The state claims were for assault and battery (count I), negligent hiring, supervision and retention, and entrustment (counts II-IV), intentional and negligent infliction of emotional distress (counts V-VI), and sex discrimination under Rhode Island's civil rights statute (counts VII-VIII). Both defendants were named in counts and V, Adesogan alone in count VIII, and Brown alone in all others. 2. Throughout the proceedings, the parties have treated the claim against Brown under the Rhode Island sex discrimination statute (count VII) as paralleling the separate claims for hostile environment and quid pro quo sex discrimination under Title (counts and X). Wills's brief on appeal does not refer separately to the state civil rights statute. 3. Title similarly forbids discrimination in employment \u201cbecause\u201d of sex, and in some respects, but not others, the two statutes are construed in pari materia. Cf. Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274, 118 S.Ct. 1989, 1997, 2002, 141 L.Ed.2d 277 (1998). Recently, in Burlington Industries, Inc. v. Ellerth, 524 U.S. 742, 118 S.Ct. 2257, 2264, 141 L.Ed.2d 633 (1998), the Supreme Court raised some doubt as to how long the two theories of harassment will be treated separately, but Wills's case was tried on the assumption that there are two distinct theories. 4. The line was drawn with respect to evidence designed to show Brown's liability; in proving damages, Wills was allowed to show not only the assault on December 9, 1992, but also her own condition and reactions thereafter during the remainder of her stay at Brown, including her distress in seeing Adesogan at the drugstore and in the classroom. 5. Obviously, this lost benefit is different from the loss of good grades or like matters; Wills could certainly have sought tutoring from her own professor. But where one draws the line is far from clear. There is little case law, but compare Lipsett, 864 F.2d at 913-14, with Lam v. Curators of the Univ. of Mo., 122 F.3d 654, 657 (8th Cir.1997), and one possible approach is to leave this line-drawing to the jury in close cases. 2/16/25, 10:53 v (1999) | FindLaw 23/30 6. Wills's case was tried according to a constructive notice theory of liability now rejected by the Supreme Court in Gebser. The court instructed the jury according to the principles set forth in Lipsett v. University of Puerto Rico:[A]n educational institution is liable upon a finding of hostile environment sexual harassment perpetrated by its supervisors upon employees if an official representing that institution knew, or in the exercise of reasonable care, should have known, of the harassment's occurrence, unless that official can show that he or she took appropriate steps to halt it.864 F.2d 881, 901 (1st Cir.1988). On review, however, we must apply the new standard for institutional liability set forth in Gebser v. Lago Vista Independent School District, 524 U.S. 274, 118 S.Ct. 1989, 141 L.Ed.2d 277 (1998). See Harper v. Virginia Dep't of Taxation, 509 U.S. 86, 97, 113 S.Ct. 2510, 125 L.Ed.2d 74 (1993) (when the Supreme Court applies a rule of federal law to parties before it, the rule is the controlling interpretation of federal law and must be given full retroactive effect in all cases still open on direct review and as to all events, regardless of whether such events predate or postdate the announcements of the rule). The new standard of liability set forth in Gebser is a more exacting one for establishing institutional liability. Although it may seem anomalous to suggest remanding for a new trial in a case that did not succeed with a less exacting standard of liability, there is no anomaly. Wills did not lose on her continuing presence claim of liability because of the proof required to establish that liability. She lost because she was not permitted to present that claim of liability to the jury. 7. One daughter alleged that Hamilton had forced her to touch his genitals and that he touched her genitals. The other daughter alleged that Hamilton raped her. This second daughter, however, did not come forward at the same time as the first daughter and thus the criminal charges initially brought against Hamilton did not include the later charge of rape. 8. Although Gebser rejected the application of Title agency principles for the purpose of determining institutional liability under Title do not read it to reject prior Title case law exploring the nature of sex discrimination. In Franklin v. Gwinnett County Public Schools, 503 U.S. at 75, 112 S.Ct. 1028, a Title case, the Court referred to Meritor Savings Bank v. Vinson, 477 U.S. 57, 64, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986), a Title case, to discuss sexual harassment. Prior to the Supreme Court's decision in Gebser, many courts read that reference to suggest that the Court would apply Title standards of liability to Title cases. In Gebser, the Court clearly rejected this proposition and explained:\u201cThat reference to Meritor was made with regard to the general proposition that sexual harassment can constitute discrimination on the basis of sex under Title IX, an issue not in dispute here.\u201d Gebser, 118 S.Ct. at 1995 (citation omitted read this statement in Gebser to mean that, although the Supreme Court did not intend to import standards of liability from Title case law into Title IX, Title cases remain instructive when considering the nature of sex discrimination under Title therefore look to Title cases for guidance in considering Wills's claim of hostile environment discrimination against Brown. 2/16/25, 10:53 v (1999) | FindLaw 24/30 9. Wills had earlier met Adesogan at a gospel concert. She introduced herself and Adesogan had asked her if she was a Christian. 10. In reaching this conclusion am not suggesting in any way that my colleagues do not share this view of Adesogan's misconduct. That is clearly not the case as their opinion indicates. They do not discuss the details of his misconduct because of their conclusion of waiver. Also, their view of the weakness of Wills's claim for hostile environment discrimination does not relate to the severity of his misconduct. It relates, rather, to Brown's liability for Adesogan's misconduct. BOUDIN, Circuit Judge. Was this helpful? Yes No Welcome to FindLaw's Cases & Codes free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law. Go to Learn About the Law \uf105 2/16/25, 10:53 v (1999) | FindLaw 25/30 v (1999) Docket No: No. 98-1701. 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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 2/16/25, 10:53 v (1999) | FindLaw 28/30 Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer Questions? At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Contact us. Stay up-to-date with how the law affects your life. Sign up for our consumer newsletter \uf105 Our Team Accessibility Contact Us \uf105 By Location By Legal Issue By Lawyer Profiles Legal Forms & Services Learn About the Law State Laws U.S. Caselaw U.S. Codes Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 2/16/25, 10:53 v (1999) | FindLaw 29/30 US: \uf09a \uf16a \uf16d By Name Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > | Privacy > | Disclaimer > | Cookies > 2/16/25, 10:53 v (1999) | FindLaw 30/30", "7251_102.pdf": "Federal Cases ( Wills v. Brown Univ. Decision Date 11 December 1999 Docket Number No. 98-1701,98-1701 Citation 184 F.3d 20 Parties (1st Cir. 1999 WILLS, Plaintiff, Appellant, v AL., Defendants, Appellees. . Heard Court U.S. Court of Appeals \u2014 First Circuit Your World of Legal Intelligence (/) United States | 1-800-335-6202 Document Cited authorities 17 Cited in 199 Precedent Map Related Page 20 184 F.3d 20 (1st Cir. 1999 WILLS, Plaintiff, Appellant, v AL., Defendants, Appellees. No. 98-1701. United States Court of Appeals for the First Circuit. Heard Dec. 11, 1999. Decided July 15, 1999 ISLAND. [Copyrighted Material Omitted] [Copyrighted Material Omitted] Sheila A. Engelmeier with whom Shane H. Anderson and Mackall, Crounse & Moore were on brief for appellant. Steven M. Richard with whom Peter J. McGinn, Tillinghast Licht & Semonoff Ltd., Beverly E. Ledbetter, and Janice E. Wright were on brief for appellees. Before Boudin, Lynch, and Lipez, Circuit Judges. BOUDIN, Circuit Judge 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 This appeal involves a lawsuit seeking damages for sexual harassment brought in the district court by the plaintiff, Marketa Wills, against Brown University and one of its former teachers, Professor Kayode Adesogan. The principal issues on appeal, but not the only ones, involve Title of the Education Amendments of 1972, 20 U.S.C. \u00a7 1681 et seq. ( The background events and the proceedings in the district court are as follows. Adesogan, a chemistry professor at a Nigerian university, taught as a visiting professor at Brown between 1991 and 1994. In the fall semester of 1992, Wills--then a sophomore at Brown--took a course in organic chemistry. Although assigned to a section taught by Professor Ronald Lawler, Wills began to attend lectures in the other organic chemistry section, this one taught by Adesogan. Wills had earlier introduced herself to Adesogan at a social event and attended a small study group held by Adesogan in addition to his formal lectures. On December 9, 1992, Wills sought out Adesogan in his office because she was having difficulty in the course. During this encounter, while purporting to pray with Wills, Adesogan twice pulled Wills into his lap, allegedly put his hand under her shirt, rubbed her stomach and twice touched or rubbed her breasts. The next day Wills met with Dean Karen Romer, who was then associate dean of academic affairs and had special responsibility for sexual assault or harassment claims; on December 14, 1992, Wills filed a written complaint. This incident lies at the core of Wills's subsequent suit against Brown and Adesogan. In response to Wills's written complaint, Provost Frank Rothman and Dean of Faculty Bryan Shepp met with Wills on December 14, 1992, and then separately with Adesogan on December 15, 1992. Adesogan admitted hugging Wills, drawing her onto his lap and touching her breast, although he denied placing his hand under Wills's shirt. By letter dated December 23, 1992, Rothman placed Adesogan on probation, stating in a written reprimand that a further incident would be grounds for immediate dismissal but that this appeared to be Adesogan's first instance of improper behavior during his stay at Brown. Rothman was mistaken. In October 1992, Adesogan had inappropriately hugged and touched another student, Laura Schleussner, who was enrolled in his section and had come to meet with him for help. Schleussner had then met with Dr. Barbara Tannenbaum, a lecturer at Brown, who was acting as an ombudswoman for Brown to oversee sexual harassment services. At trial, Schleussner and Tannenbaum gave somewhat different versions of the meeting, especially as to how much detail Schleussner provided. It appears that Schleussner wanted to remain anonymous but did want something done to prevent repetitions. Schleussner had also complained to a chemistry department lecturer whom she knew and trusted, and that lecturer spoke in due course with Lawler, who taught the other section of organic chemistry. Lawler in turn told Adesogan that students would feel more comfortable if Adesogan kept his door open when conferring with students, but Lawler--who may have known few details--did not further advise the provost or anyone else in Brown's administration. In February 1993, Rothman accepted the recommendation of the chemistry department that Adesogan be retained for another year and given a raise. In September 1993, another student, Tilly Gurman, filed a complaint that Adesogan had sexually harassed her in the fall of 1992. Romer informed Rothman, and Romer suggested no action because the Gurman incident had occurred before Adesogan had been reprimanded, and both Romer and Rothman believed that the warning to Adesogan in December 1993 had been sufficient. In January 1994, another student, Amy Sanford, reported to Romer that between the fall of 1993 and January 1994, Adesogan had engaged in inappropriate conduct with Sanford (e.g., by repeated hugs and kisses), and Sanford told Romer that Adesogan had previously harassed another friend. Romer reported the matter to her immediate superior but it was not carried further, apparently because Sanford had not wanted it officially pursued 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 Wills, after her own experience with Adesogan in December 1992, had not sought any further contact with him. She saw him thereafter on two different occasions: first, on an unspecified date, Adesogan entered a drugstore where Wills was working, and Wills immediately retreated to a back room; second, in January 1994, Wills enrolled in another chemistry course and discovered that Adesogan was the teacher. Wills testified that she rarely attended the lectures after the first session, but Adesogan did not long remain at Brown. During March 1994, Brown received further complaints of harassment by Adesogan from six or more other female students. That same month Brown dismissed Adesogan. Wills ultimately graduated from Brown and later enrolled in medical school in Pennsylvania. In December 1995, just short of three years after her meeting with Adesogan, Wills filed a complaint in district court against Brown and Adesogan. The complaint set forth eight counts against Brown, Adesogan, or both, under state law (counts through VIII1) and two further federal claims against Brown under Title IX, one designated \"hostile environment sex harassment\" (count IX) and the other designated \"quid pro quo sex harassment\" (count X). Adesogan never responded, and the case proceeded solely against Brown default judgment in the amount of $275,000 was later entered against Adesogan. In due course, Brown moved for summary judgment as to all counts against it. Following a hearing on November 24, 1997, the district court granted summary judgment in Brown's favor as to the claims for negligent hiring (count II), negligent retention (but not negligent supervision, which was a part of the same count III), negligent entrustment (count IV), and intentional and negligent infliction of emotional distress (counts and VI). Thereafter, the court denied summary judgment on Wills's claims based on a hostile environment theory of sex discrimination. This theory was explicitly set forth in count based on Title (and by implication in count under the state civil rights statute).2 This disposition left for trial four separate claims against Brown: assault and battery (count I), negligent supervision (count III), and sex discrimination based both on a hostile environment and a quid pro quo theory (counts and X). Trial began on March 19, 1998, and when Wills rested her opening case, the district court granted Brown's motion for a directed verdict only as to the assault and battery claim and the quid pro quo sex discrimination claim. Fed. R. Civ. P. 50(a). Following further evidence, the negligent supervision and hostile environment claims were submitted to the jury. On March 31, 1998, the jury returned a verdict in Brown's favor on both claims. Thereafter Wills filed a post-trial motion seeking judgment notwithstanding the verdict and, alternatively, a new trial on these same claims. Fed. R. Civ. P. 50, 59. The district court denied Wills's motion and entered judgment in favor of Brown. Wills now appeals, challenging (in her main argument) the district court's exclusion of evidence on her hostile work environment claim which was rejected by the jury. She also attacks the district court's grant of summary judgment on three of the state tort claims, its grant of directed verdicts on her assault and battery and her quid pro quo claims, and its denial of a new trial on the two claims rejected by the jury. 1. Title forbids schools that receive federal funding from discriminating against students \"on the basis of sex.\" 20 U.S.C. \u00a7 1681(a) ( Starting from the now-accepted premise that sexual harassment can constitute sex discrimination, Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986) ( the Supreme Court has endorsed two different, although related, theories as to how such harassment can constitute sex discrimination either in the workplace (Title VII) or school context (Title IX).3 One theory, popularly known as \"quid pro quo\" harassment or discrimination, occurs most often when some benefit or adverse action, such as change in salary at work or a grade in school, is made to depend on providing sexual favors to someone in authority, Lipsett v. University of Puerto Rico, 864 F.2d 881, 898 (1st Cir. 1988) ( the other theory, under the rubric \"hostile environment,\" applies where the acts of sexual harassment are sufficiently severe to interfere with the workplace or school opportunities normally available to the worker or student. Meritor 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 477 U.S. at 66 ( Davis v. Monroe County Bd. of Educ., 119 S. Ct. 1661 (1999). In this case, Wills advanced both theories against Brown--one in count and the other in count X. But the evidence now in dispute was offered as support for the hostile environment claim (the quid pro quo claim never reached the jury). Broadly speaking, a hostile environment claim requires the victim to have been subjected to harassment severe enough to compromise the victim's employment or educational opportunities and, in the case of a Title claim (but not under Title VII), the institution must 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 133 cases Search in 133 citing cases \uf014 Johnson v. Galen Health Institutes, Inc., CIV.A.3:02CV-243-H. ( galen-health-887607183) United States U.S. District Court \u2014 Western District of Kentucky June 16, 2003 ...demands.\" Burlington Indus., Inc. v. Ellerth, 524 U.S. 742, 753, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998); see also Wills v. Brown Univ., 184 F.3d 20, 25 (1st Cir.1999) (defining quid pro quo harassment as occurring \"when some benefit or adverse action, such as change in salary at work or a g...... Lakshman v. University of Maine System ( 893370822) United States U.S. District Court \u2014 District of Maine August 6, 2004 ...Significantly, there is no showing these comments actually interfered with Dr. Lakshman's ability to perform his job. Wills v. Brown Univ., 184 F.3d 20, 26 (1st Cir.1999) (noting \"[b]roadly speaking, a hostile environment claim requires the victim to have been subject to harassment severe e...... S.S. v. Alexander ( United States Washington Court of Appeals February 11, 2008 ...conduct, particularly if the victim and the abuser retain the same or similar roles in an educational institution.\" Wills v. Brown Univ., 184 F.3d 20, 36-37 (1st Cir.1999). \u00b6 71 To correctly analyze the sufficiency of the evidence to meet the requirements of this \"element,\" however, we must...... Roe ex rel. Callahan v ( 884543767) United States U.S. District Court \u2014 Eastern District of California December 22, 2009 ...conduct at issue, the multiple layers of administrative involvement, and the sensitive nature of the accusations. See Wills v. Brown Univ., 184 F.3d 20, 26 (1st Cir. 1999) (stating that if a funding recipient \"takes timely and reasonable measures to end the harassment, it is not liable unde...... 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 3 books & journal articles Search in 3 citing books & journal articles \uf014 Juhi Kaveeshvar, Kicking the Rock & the Hard Place to the Curb: an Alternative and Integrated Approach to Suicidal Students in Higher Education ( kaveeshvar-kicking-the-935409421) United States Emory University School of Law Emory Law Journal No. 57-3, 2008 Invalid date ...severe and pervasive so as to deprive the student of her educational opportunity. Id. 247 Id. at 648. 248 See, e.g., Wills v. Brown Univ., 184 F.3d 20, 40 (1st Cir. 1999) (citing Gebser and Davis). 249 See, e.g., Heather R. Redmond, Davis v. Monroe County Bd. of Educ.: Scant Protection for ...... b. Sexual Harassment ( United States Invalid date ...633 F.3d at 89. 779. Id. See also Karibian v. Columbia Univ., 14 F.3d 773, 778 (2d Cir. 1994). 780. Id. (citing Wills v. Brown Univ., 184 F.3d 20, 25 (1st Cir. 1999)). 781. Id. 782. Id. 783. Id. at 91 (citing Gregory v. Daly, 243 F.3d 687, 693 (2d Cir. 2001) (\u201cto determine whether an enviro...... 12.13 b. Sexual Harassment ( United States New York State Bar Association In the Arena Sports Law Handbook (NY) Chapter 12 Invalid date ...633 F.3d at 89. 779. Id. See also Karibian v. Columbia Univ., 14 F.3d 773, 778 (2d Cir. 1994). 780. Id. (citing Wills v. Brown Univ., 184 F.3d 20, 25 (1st Cir. 1999)). 781. Id. 782. Id. 783. Id. at 91 (citing Gregory v. Daly, 243 F.3d 687, 693 (2d Cir. 2001) (\u201cto determine whether an enviro 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", "7251_103.pdf": "April 10 - 17, 1 9 9 7 Bad chemistry former Brown professor is accused of assaulting 10 students by Ted Czech Four women have filed civil suits against Brown University in District Court in Providence alleging that university officials failed to discipline a visiting professor properly after he sexually assaulted them in his office in the early '90s. Overall, the suits allege, some 10 female students were harassed or assaulted by Kayode Adesogan, a visiting organic chemistry professor from Nigeria, until the university fired him in March 1994. \"This is the most offensive behavior have ever seen by a school and an employer,\" says Sheila Engelmeier, an attorney for the Minneapolis, Minnesota, firm representing two of the alleged victims, Stacy Gray and Marketa Wills. In response, Brown has denied all of the charges and has moved for at least two of the cases to be dismissed. The decision is pending, says Andrew B. Prescott, an attorney for Brown contacted by the Phoenix. In her lawsuit, Gray, now enrolled at the University of Chicago School of Medicine, says that on March 10, 1993, she went to Adesogan to discuss a low grade. She was hoping he'd show her how to study more effectively, but instead, he touched her stomach and breasts, ran his hands along her legs and buttocks, and kissed her, she says. Then he told her that he knew she could get an in his course. Gray says she felt sick and violated. But when she complained to Karen Romer, an associate dean of academic affairs and one of Brown's designated sexual harassment officers, Romer allegedly said, \"Maybe it's better that this happened now, because in your profession [medicine] this kind of thing happens.\" 2/16/25, 10:53 Providence Phoenix - Features 1/4 Sexual assault at Brown Romer did not return phone calls from the Phoenix, but according to court documents, she later denied saying the assault was a good thing, but admitted saying \"this kind of thing may happen again\" and \"that empowers you to move on and handle them the next time few days after the incident, the university dismissed Adesogan, but not before he allegedly assaulted other students over the weekend. Indeed, Gray later found out she was not the first to complain about Adesogan. After she and others who claimed to have been assaulted by the Nigerian professor formed a support group, they discovered he'd assaulted three other women in 1992, they say. In September of 1993, one of these women had complained to Romer, saying she wanted to pursue a formal complaint. But Brown did not investigate, because university officials considered it a \"retroactive assault,\" Wills's suit alleges. Brown, however, denies that any complaints were made about Adesogan prior to December 9, 1992, the day he allegedly attacked Marketa Wills. According to her lawsuit in District Court, Wills had gone to Adesogan's office for help, and Adesogan had asked about her religion and other questions not related to chemistry. Wills says Adesogan held her on his lap and sexually assaulted her while singing spiritual songs with her. At the end of the study session, Wills says Adesogan \"prayed\" that the devil not confuse her into thinking that \"anything sexual\" had happened. He told her she needed to continue her sessions with him until her next exam to ensure a good grade. On December 11, Wills went to Romer, who allegedly claimed she'd never heard any cases like this before. According to Wills, Romer, who is still a dean but no longer a sexual harassment officer at Brown, tried to discourage her from filing a formal complaint. In court documents, Brown denies this allegation, insisting that Romer told Wills that Brown took sexual harassment seriously. But when Wills filed a complaint a few days later, Brown officials told her there was nothing they could do, she says. Brown denies this as well. 2/16/25, 10:53 Providence Phoenix - Features 2/4 When asked about the alleged incident with Wills, Adesogan admitted to Brown officials that he'd hugged Wills and had conducted a study session with her on his lap, according to court documents. In a letter to Adesogan dated December 23, 1992, Frank G. Rothman, then provost of Brown, reprimanded Adesogan and placed him on probation for the rest of his stay at the school. Rothman, who declined to comment on the cases, also told Adesogan that Brown would postpone consideration of reappointing him for the 1993-1994 academic year. \"Physical contact of the type you engaged in is not acceptable, and is not excused by your wishing to establish a father/daughter relationship or your sense that you were drawn together since you were both committed Christians,\" Rothman wrote in his letter. \"Any second incident of unacceptable behavior will constitute grounds for immediate dismissal.\" In other court documents, Rothman, who resigned as provost in July 1995 and now works in Brown's biomedical department, says he considered dismissing Adesogan right then, but he decided not to because Adesogan was a highly effective, popular professor. \"So there were a lot of positive things about Adesogan to balance against this one negative behavior.\" Another quote of Rothman's concerning Adesogan's reprimand reveals that Brown may have been hesitant to dismiss Adesogan because of the university's commitment to affirmative action. \"Brown, at that time and still, has been endeavoring to apply affirmative action for people of color on the faculty with less success than Brown had hoped to have in this field,\" he says. \"Professor Adesogan was, to the best of my knowledge, the only black member of the chemistry faculty.\" Prescott denies that Adesogan's nationality was \"a determining factor with regard to Brown's decision in determining how to discipline\" the professor. But Gray's lawsuit alleges that Rothman did not in fact follow through on his threat to fire Adesogan if there was another incident. Wills's lawyers say the university's decisions about the chemistry professor directly contradict what is written in Brown's policy: \"The university's policy prohibiting the sexual harassment of students is endorsed by the faculty, and in accordance with procedures providing due process, a faculty member or teaching assistant 2/16/25, 10:53 Providence Phoenix - Features 3/4 violating the policy will be subject to immediate suspension and/or dismissal.\" But, Brown says, Wills stated she did not want Adesogan fired and repeatedly expressed satisfaction regarding the disciplinary action taken by Brown. Wills and Gray also contend that Brown did not conduct a background check on Adesogan and that there was no record of Adesogan participating in any sexual harassment training. \"Adesogan did not have any formal sexual harassment training at the university -- that's not standard practice,\" says Prescott. He also claims that another Brown chemistry professor did conduct an informal background check on Adesogan before he came to the university. While Wills's and Gray's cases proceed through court, two other Brown students filed suit against the university earlier this year. Julia C. Stunkel, enrolled at Brown as a full-time student in 1992, alleges that Adesogan sexually harassed and assaulted her in his office on March 8, 1994. Emily Borod, who entered Brown in 1993, alleges that on March 10, 1994, Adesogan sexually harassed and assaulted her as well. According to court documents, Adesogan has all but disappeared. His wife, who lived in Providence at the time, was served a copy of the complaint and a summons on December 7, 1995. Adesogan was supposed to answer it within 20 days. Court documents state that he didn't and that no attorney filed an entry of appearance on his behalf. Documents also state that Adesogan's last known address was either Rhode Island or Nigeria. Sexual assault at Brown | home page | what's new | search | about the phoenix | feedback | Copyright \u00a9 1997 The Phoenix Media/Communications Group. All rights reserved. 2/16/25, 10:53 Providence Phoenix - Features 4/4", "7251_104.pdf": "() Not Guilty By Norman Boucher / May / June 1998 (/issues/may-june-1998) December 28th, 2007 n March 31, a federal jury in Providence ruled unanimously that Brown was innocent of negligent supervision and of creating a hostile educational environment that allowed a visiting professor of chemistry to assault and sexually harass a student during a December 1992 study session. Marketa Wills '95 had filed a ten-count complaint against the professor, Kayode Adesogan, and against Brown in U.S. District Court in December 1995, claiming that the University should have known of Adesogan's propensity for such behavior and should have done more to protect her from him. Three other lawsuits against Brown and Adesogan, filed by Emily Borod '95, Stacey Gray '94, and Julie Stunkel '96, remain unresolved. Opening arguments on Borod's complaint were heard on April 28. Adesogan, who claimed in 1992 that he had \"inadvertently\" brushed Wills' breast, arrived at Brown in 1991 through a faculty exchange program with the University of Ibadan in Nigeria. Praised for his work by both students and faculty, he was offered a position as visiting professor for the 1992-93 academic year, but after Wills's complaint, he was placed on probation and informed that a second incident would result in immediate dismissal. Adesogan was dismissed on March 15, 1994, after Julie Stunkel '94 filed a sexual assault complaint against him. He is believed to have returned to Nigeria, beyond the reach of U.S. courts. In her federal complaint, Wills based her allegation that Brown knew Adesogan was acting inappropriately on an incident two months earlier. In October 1992, Laura Schleussner '93 had reported inappropriate behavior by one of her teachers to Senior Lecturer in Theater, Speech, and Dance Barbara Tannenbaum, who was then the University's sexual harassment hearing officer. Schleussner also asked Senior Lecturer in Chemistry Edelgard Morse that someone talk to Adesogan about his having touched her inappropriately. Although Schleussner opted not to file a formal complaint, she said in a deposition (// u= 12- 28/not- guilty) (//twitter.com/share? url= 12- 28/not- guilty) 2/16/25, 10:53 Not Guilty | Brown Alumni Magazine 1/3 for the Wills case that she had given Tannenbaum a written account of the incident. Tannenbaum testified during the trial that she had not received any written account and that she could not remember the student identifying Adesogan to her by name. Response to the Adesogan affair has fallen along predictable lines: University officials - and now a jury in federal court - have asserted from the start that complaints were handled in a firm and timely manner and in full compliance with Brown's manual on preventing sexual harassment. The Brown Daily Herald, meanwhile, has consistently criticized the administration for mishandling the case by not firing Adesogan earlier. The controversy has partly been responsible for the University's streamlining how it handles sexual harassment grievances and for making sure that any victim of harassment clearly understands the options for filing a compliant. What do you think? See what other readers are saying about this article and add your voice (/issues/may-june-1998) May / June 1998 Related Articles The Ever True Krewe In New Orleans, Mardi Gras is teeming with Brown alums. (/articles/2025-01-31/the-ever-true-krewe) The in the News From the Archives: The is perennially the subject of the news as well as its bearer (/articles/2025-01-28/from-the-archives-herald-history Think Again The Brown Alum who Almost Became President 2/16/25, 10:53 Not Guilty | Brown Alumni Magazine 2/3 ( ( ( alumni- magazine/) (https:/ The \"genius\" art of professor Tony Cokes (/articles/2025-01-19/think-again-Tony-Cokes-video-artist- MacArthur-Grant) From the Archives (/articles/2025-01-31/the-brown-alum-who-almost-became- president) Current Issue (/) Classifieds (/classifieds) About the (/about-the- bam) Browse Articles (/articles) Advertise in the (/advertise-in-the-bam) Submit to the (/submit- to-the-bam) Browse Issues (/issues) Support the ( now?did=1a5efcaf-955c- 40b2-90f5-5ceb48448bc1) Change of Address (/change- of-address) \u00a92025 Brown Alumni Magazine. All rights reserved. Privacy Policy (/privacy-policy ). 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7,429 | James Chambers | Mesa State College | [] | {} |
7,668 | Richard Sweitzer | University of California – Berkeley | [
"7668_101.pdf",
"7668_102.pdf"
] | {"7668_101.pdf": "Tyann Sorrell filed a sexual-harassment lawsuit against her former boss, UC-Berkeley Law Dean Sujit Choudhry. <a href=\" California-Sexual-Harassment/93dbd52ed1514cd8a244d8580f0eff09/8/0\">Jeff Chiu</a Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters. Update, 8/17/16: UC-Berkeley Chancellor Nicholas Dirks announced on Tuesday, August 16 that he was resigning, following criticism of his handling of the university\u2019s sexual-harassment scandals and budget, and a investigation over potential misuse of public funds have come to the personal decision that the time is right for me to step aside and allow someone else to take up the financial and institutional challenges ahead of us,\u201d he said. Dirks will remain in the position until a successor is chosen and then return to teaching as a professor of history and anthropology. When news broke last month that the dean of the University of California-Berkeley School of Law was being sued by his assistant for sexual harassment, faculty and students weren\u2019t the only ones caught by surprise\u2014so was the president of the University of California system, Janet Napolitano know you appreciate my level of concern about this situation, and my unhappiness in learning about it 2 0 , 2 0 1 6 America\u2019s Top Public University Has a Major Sexual- Harassment Problem The backstory of UC-Berkeley\u2019s recent string of scandals. 2/16/25, 10:53 America\u2019s Top Public University Has a Major Sexual-Harassment Problem \u2013 Mother Jones 1/5 through the media,\u201d Napolitano wrote to UC-Berkeley Chancellor Nicholas Dirks. Within two days, the dean, Sujit Choudhry, had resigned. Eight months had passed since the university had found that he violated its sexual-misconduct policy. According to a trove of documents released by the university this month\u2014showing firings, resignations, and even transcripts of text messages related to its sexual-harassment investigations\u2014at least 19 UC-Berkeley employees have been found to have violated the school\u2019s sexual-harassment policy since 2011. Meanwhile, over the past year, a vice chancellor, a famed astronomer, and a provost have all stepped down from their positions amid public outcry over the university\u2019s response to sexual-harassment claims\u2014and the perception that the institution protected these powerful men instead of helping their accusers, some of whom were students. Here\u2019s a rundown of how the situation escalated in recent years: April 30, 2013: Diane Leite, a former UC-Berkeley administrator, gives a deposition in which she accuses Vice Chancellor Graham Fleming of sexual harassment. According to an investigation later commissioned by the university, Leite testifies that Fleming, the $400,000-a-year head of research, had kissed her neck and repeatedly touched and hugged her. February 26, 2014: Thirty-one current and former students file complaints with the Department of Education, alleging that UC- Berkeley violated Title IX, which prohibits gender discrimination, and the Clery Act, which requires universities to accurately report the incidence of certain crimes, including sexual assault. March 7, 2014: The University of California system expands its policies against sexual and domestic violence, stalking, and harassment. April 15, 2014: Nearly a year after Leite\u2019s deposition, system president Napolitano hires an independent investigator to look into the allegations against Fleming. May 1, 2014: UC-Berkeley appears on a Department of Education list of 55 colleges and universities under Title investigation that sparks nationwide alarm about the issue of sexual violence on campus. Soon after, Napolitano announces the formation of a President\u2019s Task Force on Preventing and Responding to Sexual Violence and Sexual Assault, which will develop recommendations on combating sexual violence across the system. July 23, 2014 member of the astronomy faculty forwards the university two complaints from former students, who report that famed astronomy professor Geoff Marcy, a Nobel Prize contender, had sexually harassed them. Later, two more students make additional sexual- harassment allegations. Marcy denies one allegation, made by a University of Hawaii graduate student who said the professor \u201cgrabbed\u201d her crotch while seated next to her at a dinner. He admits to touching one student\u2019s neck and kissing another student on the forehead and cheek. In response to a fourth allegation, Marcy admits to buying drinks for a student at a conference after-party and then escorting her back to her hotel room. October 24, 2014: Napolitano\u2019s independent investigator concludes that Fleming violated the sexual-harassment policy by expressing \u201cunwelcome\u201d sexual interest in Leite, his former assistant. (In an email sent by his attorney to Mother Jones, Fleming denies that he sexually harassed Leite or violated any university policy, calling the investigation \u201cshoddy and biased.\u201d) March 19, 2015: Tyann Sorrell, executive assistant to UC-Berkeley School of Law Dean Sujit Choudhry, accuses Choudhry of sexual harassment in an email sent to him and to human resources. The university opens an investigation. April 8, 2015: Six months after the investigation found that he\u2019d violated the sexual-harassment code, Fleming resigns from the vice chancellor post under protest. He remains a tenured chemistry professor and starts a yearlong sabbatical, during which Chancellor Dirks appoints him to an administrative post coordinating research partnerships internationally. June 22, 2015: Nearly a year after four students made sexual-harassment allegations against astronomy professor Marcy, the university concludes that he violated Berkeley\u2019s sexual-misconduct standards repeatedly between 2001 and 2010. Marcy is placed on a kind of informal five-year probation, in which he could face immediate discipline\u2014up to a one-semester suspension\u2014if he fails to meet \u201cbehavioral expectations.\u201d 2/16/25, 10:53 America\u2019s Top Public University Has a Major Sexual-Harassment Problem \u2013 Mother Jones 2/5 July 7, 2015: The university finds that Choudhry violated the university\u2019s sexual-harassment policy for \u201cunwelcome\u201d hugging, kissing, and touching directed at his assistant. Provost Claude Steele decides the sanctions: a one-year salary cut of 10 percent, mandatory coaching on workplace behavior, and a letter of apology. \u201cYou have a very promising career as Berkeley\u2019s Law School Dean with your innovative ideas, high energy, and enthusiastic citizenship,\u201d Steele writes to Choudhry trust that you will grow into the kind of leader that we both know you can be.\u201d Separately, the university receives a report that Yann Hufnagel, assistant coach for men\u2019s basketball, allegedly sexually harassed a local sports reporter. School officials open an investigation. August 4, 2015: Another assistant coach, Todd Mulzet of the diving team, is accused of sexually harassing a male employee. The university begins to investigate. October 2, 2015: The university concludes an eight-month investigation into sexual-harassment allegations against Blake Wentworth, an assistant professor in the department of South and Southeast Asian studies. Their report finds that he made unwanted sexual advances toward a graduate student instructor in the department, touching her and calling her \u201cattractive.\u201d With university discipline pending, Wentworth continues to teach. October 9, 2015: BuzzFeed News reports that the university found Marcy in violation of its sexual-harassment policy but did not impose immediate discipline. Before the story goes public, Marcy posts a letter to colleagues on his website apologizing for his conduct: \u201cWhile do not agree with each complaint that was made, it is clear that my behavior was unwelcomed by some women.\u201d Later, the astronomy department interim chair urges colleagues who are just learning of the allegations to have empathy for Marcy amid the media uproar. \u201cThis is hardest for Geoff,\u201d he writes. October 14, 2015: After more than 20 members of the astronomy faculty issue a statement calling for Marcy\u2019s dismissal, Marcy tells the university he is \u201cstepping down.\u201d October 15, 2015: Napolitano announces a Joint Committee of the University of California Administration and Academic Senate to review procedures for handling sexual-misconduct cases involving faculty members. November 11, 2015 university investigation finds Mulzet, the diving coach, violated the sexual-harassment policy, including propositioning an employee for oral sex in front of students. Mulzet is given a two-month pay cut and required to attend sexual- harassment training. March 8, 2016: The university\u2019s findings against Choudhry\u2014and the news that he received only a slap on the wrist\u2014are made public when Tyann Sorrell files a lawsuit against him and the Board of Regents. Sorrell\u2019s complaint alleges sexual harassment, assault, and battery, among other claims. \u201cChoudhry\u2019s conduct made plaintiff feel disgusted, humiliated, exposed and dirty,\u201d court papers say. \u201cShe wondered what she had done to make him think it was o.k. for him to touch her.\u201d (In an email to Mother Jones, Choudhry\u2019s attorney writes that while Choudhry\u2019s actions \u201cwere found to have violated Berkeley\u2019s misconduct policy, they do not constitute sexual harassment, let alone assault or battery.\u201d) March 10, 2016: Choudhry resigns as dean of the law school, although he remains a tenured law professor took this step because the pending lawsuit, against the university and me, appears to have become a distraction for the law school, the university and our community, an outcome had hoped could be avoided,\u201d he says in a statement. Dirks and Napolitano later deny that Steele\u2019s decision not to impose harsher sanctions was influenced by his relationship with Choudhry, who had nominated Steele for a law faculty appointment that May, according to the Los Angeles Times. March 11, 2016: Napolitano orders Chancellor Dirks to remove Fleming from his post as an international representative. She also calls for further discipline for Choudhry. Four days later, a vice provost notifies Choudhry that one or two faculty members will undertake an additional investigation against him for \u201cpossible violations\u201d of the faculty code of conduct. \u201cThe initial decision not to remove [Choudhry] from his position is the subject of legitimate criticism,\u201d Dirks and Provost Steele write in a message to the law school. \u201cWe can and must do better.\u201d 2/16/25, 10:53 America\u2019s Top Public University Has a Major Sexual-Harassment Problem \u2013 Mother Jones 3/5 March 14, 2016: After an eight-month investigation, the university determines that Hufnagel, the assistant men\u2019s basketball coach, sexually harassed a local reporter. \u201cWith all candor was trying to trick her into going upstairs,\u201d Hufnagel told investigators of one incident. (In a statement provided by his lawyer to Mother Jones, Hufnagel denies sexually harassing the reporter.) The university begins termination proceedings against him and releases a redacted report of their investigation. March 18, 2016: The university revisits a two-and-a-half-year-old investigation against Nori Castillo, a director of UC-Berkeley\u2019s SkyDeck, which helps secure venture capital funding for university-affiliated startups. Officials found that Castillo violated conflict-of-interest provisions in the school\u2019s sexual-harassment policy in 2013. When a new executive director took over SkyDeck and reviewed the findings this year, Castillo was fired, effective immediately, according to a university spokesperson. (Castillo maintains that he decided to leave UC- Berkeley, and that the decision had nothing to do with the investigation.) Napolitano names the members of a \u201cSystemwide Peer Review Committee\u201d to review proposed sanctions on senior leaders found to have violated the sexual-harassment committee. The new committee will be co-chaired by the chair of the existing Task Force on Preventing and Responding to Sexual Violence, and by Napolitano\u2019s deputy general counsel. March 24, 2016: Chancellor Dirks and Provost Steele announce that UC-Berkeley will establish its own Sexual Violence and Sexual Harassment Task Force, with initial findings due by July. Soon after, Napolitano declares that her office will be keeping close tabs on UC- Berkeley sexual-harassment cases, including monthly meetings with Dirks and written reports on their progress combating sexual misconduct. Dirks also creates a new administrative position coordinating UC-Berkeley\u2019s response to sexual harassment and assault. The interim slot will be filled by Carla Hesse, a longtime history professor and executive dean whose responsibilities include fundraising. April 5, 2016: In response to open-records requests from several news outlets, UC-Berkeley releases findings from 17 investigations since 2011. The papers show that 19 university employees were found to have violated the sexual-harassment policy. All of the employees fired were staff members, including a custodian, a painter, and a massage therapist; none were tenured professors. The investigations reveal findings against two adjunct professors. Richard Sweitzer, who led a field team studying land management, resigned in 2013 after investigators found he \u201ctouched several female employees in ways that were both subjectively and objectively offensive.\u201d Officials also determined that adjunct statistics professor Howard D\u2019abrera sexually harassed a student in the fall of 2015, sending emails about \u201cwhisper[ing] sweet nothings in your ear\u201d and \u201ca dirty smoke filled weekend of unadulterated guilty pleasure and sins.\u201d D\u2019abrera resigned in January. (In an email to Mother Jones, D\u2019abrera admits to sending the emails but disputes that they constitute sexual harassment; Sweitzer did not respond to a request for comment.) April 7, 2016: Hufnagel resigns as assistant coach of the basketball team after presenting university authorities with about 900 text messages he exchanged with the local reporter\u2014which he claims show \u201cmutual flirtation,\u201d not harassment. The next day, the University of Nevada-Reno hires him. April 11, 2016: Two doctoral students in the department of South and Southeast Asian studies file a complaint with the California Department of Fair Employment and Housing, claiming that UC-Berkeley failed to discipline Wentworth, against whom they\u2019d filed sexual-harassment allegations a year earlier. (In a statement, the university says they are \u201caware of the concerns from students and others regarding the time it takes for the faculty discipline processes to be completed. We understand and share those concerns.\u201d) Wentworth was recently suspended from teaching while faculty members investigate the case. He remains on payroll. April 15, 2016: Provost Steele, who decided on Choudhry\u2019s initial sanctions, resigns. His statement cites his wife\u2019s ongoing health problems as the reason for his departure and does not refer to the sexual-harassment scandal. April 18, 2016: Napolitano\u2019s office publicizes a report from one of the committees looking at faculty sexual misconduct. According to data from eight University of California campuses, of 141 allegations filed against faculty between 2012 and 2015, a quarter were investigated. Among the recommendations: Include sexual violence and sexual harassment among types of \u201cunacceptable\u201d behavior in the faculty code of conduct, and make sure the chancellor knows when a professor is being investigated. May 2, 2016: UC-Berkeley pledges to spend $2.5 million more to address sexual violence on campus. The funds will be used to hire additional investigators, bolster existing prevention programs nad support services for survivors, and expand sexual-harassment training 2/16/25, 10:53 America\u2019s Top Public University Has a Major Sexual-Harassment Problem \u2013 Mother Jones 4/5 for faculty, administrators, and students. This story has been updated. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Copyright \u00a9 2025 Mother Jones and the Center for Investigative Reporting. All Rights Reserved. 2/16/25, 10:53 America\u2019s Top Public University Has a Major Sexual-Harassment Problem \u2013 Mother Jones 5/5", "7668_102.pdf": "Richard Sweitzer Project leader at the College of Natural Resources' Sierra Nevada Adaptive Management Project Eight female employees interviewed by reported that Richard Sweitzer had rubbed their backs, patted them on the back or squeezed their shoulders in a way that was uncomfortable and unwelomed, violating sexual harassment policy also found that the policy was violated when the department did not adequately address the conflict of interest created by Sweitzer's consenual relationship with a co-worker. Other employees said Sweitzer repeatedly made comments with sexual connotations, naming the ATVs \"Dick\" and \"Jane\" and referencing female employees \"riding Dick\" and male employees \"riding Jane.\" Sweitzer said he was \"certain\" that he did not rub a female employee's back. Sweitzer also stated he did not know who named the ATVs. Sweitzer resigned. Campus: Berkeley Complaint date: June 12, 2012 2/16/25, 10:54 The Daily Californian projects.dailycal.org/misconduct/case/berkeley-richard-sweitzer-15/ 1/2 berkeley-richard-sweitzer-15 contributed by Vanessa Qian (The Daily Californian) p. 1 File Search Sections Fit width Page 1 of 2 Questions, comments or corrections? Email projects@dailycal.org (mailto:projects@dailycal.org). Data and code is open-source on GitHub ( Support innovative, independent student journalism. Donate today. ( Copyright \u00a9 2019 The Daily Californian, The Independent Berkeley Student Publishing Co., Inc. 2/16/25, 10:54 The Daily Californian projects.dailycal.org/misconduct/case/berkeley-richard-sweitzer-15/ 2/2"} |
7,832 | Sahotra Sarkar | University of Texas – Austin | [
"7832_101.pdf",
"7832_102.pdf",
"7832_103.pdf",
"7832_104.pdf",
"7832_105.pdf",
"7832_106.pdf"
] | {"7832_101.pdf": ". Protesters demand professor accused of sexual misconduct be fired By Brian Dakss November 22, 2019 / 5:45 News Student protesters demanding the ouster of a University of Texas professor accused of sexual misconduct entered a class he was teaching Thursday to ramp up pressure on the school, reports Austin affiliate KEYE-TV. Video tweeted by #FireTheAbusers shows them walking in. One tells Dr. Sahotra Sarkar, \"We stand alongside other enraged women who are disgusted by your actions toward students protester who spoke with anonymously by phone said \"a few\" students from the class walked out when the protesters left, in solidarity with them. She said Sarkar has solicited nude photos of students and invited them to go to nude beaches with him. Women are done being cornered by abusive and predatory professors and done w/ empty promises from an uncaring administration. It\u2019s time we move from the sit-ins. We must organize militantly and take direct action against these predators and kick them off campus! pic.twitter.com/wGdd5qMvDD \u2014 Fire The Abusers (@FireTheAbusers) November 21, 2019 U.S. World Politics HealthWatch MoneyWatch Entertainment Crime Sports Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/16/25, 10:55 Dr. Sahotra Sarkar: Protesters demand University of Texas professor accused of sexual misconduct be fired News 1/3 In an October 26th letter, the executive board of the Senate of College Councils said it supports the call for a more \"transparent investigation and for action to be taken to remove professors in violation\" of sexual misconduct policies. \"We don't want them as our professors any longer and that's what led to today ... (it was) just some frustration,\" the protester told KEYE. \"How can we expect that the university will protect us from these people if these people are professors we have to work closely with?\" she remarked. Sarkar couldn't immediately be reached for comment by the station. He hasn't been charged with a crime said. The school issued a statement saying its police got a 911 call about a disruption in a classroom but when officers arrived, there was \"no disruption taking place\" and there's \"no current criminal investigation.\" Sarkar is seen on the video dialing on his cellphone when the protesters came in. \"The university respects students' freedom of speech and right to demonstrate,\" the school's statement continued, \"but speech cannot impede the mission of the university. As outlined in the Institutional Rules on Student Services and Activities, 'No speech, expression, or assembly may be conducted in a way that disrupts or interferes with any teaching, research, administration, function of the University, or other authorized activities on the campus.' Students involved in such disruptions could be subject to disciplinary action says the students are planning more demonstrations and a town hall. More from News Irish jockey Michael O'Sullivan dies from injuries sustained in fall Why U.S. ranchers and farmers are alarmed about Canada's \"super pigs\" Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/16/25, 10:55 Dr. Sahotra Sarkar: Protesters demand University of Texas professor accused of sexual misconduct be fired News 2/3 Copyright \u00a92025 Interactive Inc. All rights reserved. Privacy Policy Cookie Details Terms of Use About Advertise Closed Captioning News Store Site Map Contact Us Help \u00a9 2019 Interactive Inc. All Rights Reserved. In: University of Texas Thousands of probationary federal health workers fired by letter this weekend Stampede at railway station in India kills at least 18 Watch News 2/16/25, 10:55 Dr. Sahotra Sarkar: Protesters demand University of Texas professor accused of sexual misconduct be fired News 3/3", "7832_102.pdf": "UT-Austin acknowledges 17 cases of sexual misconduct by employees Under pressure to more fully account for sexual misconduct cases, the university released a summary of violations over the past two years. The list includes three faculty members JAN. 9, 2020 5 Seventeen employees at the University of Texas at Austin, including three faculty members and one research fellow, were found to have violated the flagship's sexual misconduct policies between November 2017 and December 2019, according to a university document released Thursday. One faculty member, a professor in the department of integrative biology, Johann Hofmann, \u201callegedly tried to start a consensual relationship\u201d with a graduate student and \u201cmade inappropriate comments of a sexual nature\u201d to the student, who contacted administrators in December 2017, the document shows professor in the college of pharmacy, Kevin Dalby, \u201callegedly made inappropriate comments of a sexual nature to a student third faculty member, Coleman Hutchison, did not disclose a \"consensual, romantic relationship\u201d with a graduate student and made inappropriate comments, including about \u201cthe attractiveness of women faculty members and other women scholars in front of graduate students,\u201d according to the report. Hofmann and Dalby denied some of the allegations and \u201ctried to provide context regarding\u201d others, according to the university\u2019s records, which were released in response to a public information request. All three men were punished by the university, which said through a spokesperson Thursday that \u201csexual misconduct violates the values and policies of Austin.\u201d \u201cEvery individual who serves our university must feel valued, respected and free to learn and work in a safe environment,\u201d said UT-Austin spokesperson J.B. Bird. \u201cTransparency around past violations, which is mandated by the Texas Public Information Act, is an important step toward accountability.\u201d Hofmann was temporarily barred from holding an administrative or leadership position within the university and from supervising graduate students on his own, was suspended for one Editor's note: This story has been updated to include comments from Thomas Hubbard. 2/16/25, 10:55 UT-Austin acknowledges 17 cases of sexual misconduct by employees | The Texas Tribune 1/5 semester without pay, and was removed as a lab facilities director. Dalby was temporarily prohibited from sole-supervising graduate students. Hutchison was, for a time, barred from supervising graduate students on his own, being appointed to an administrative or leadership position at the university, or being promoted to full professor. All three faculty members received written reprimands, had to discuss their behavior with college officials and had to develop plans to manage their \"professional working relationships with students.\" Of the 14 other employees on the list, 10 resigned or were terminated, including a supervisor with Libraries and director and lecturer in the Department of Radio-Television-Film who \"allegedly made inappropriate comments of a sexual nature\u201d and \u201cengaged in unwelcome physical contact with multiple students.\u201d (Both denied the allegations, according to the university records.) Five of the employees are barred from future employment with the university, and one of the 10 \u2014 a research fellow in the Department of Geography and the Environment who \u201callegedly attempted, on multiple occasions, to engage in unwelcome physical contact with a faculty member\u201d \u2014 resigned for unrelated reasons has about 3,000 teaching faculty members and 24,000 staff members, including student and seasonal employees, Bird said human resources department coordinates the disciplinary process for staff. The provost\u2019s office oversees the process for tenured and tenure-track faculty. Although has provided a similar summary before, the Thursday release follows months of protests by UT-Austin students angered that two professors punished for sexual misconduct violations had returned to the classroom to teach undergraduates. Both men's cases had been reported in the news media and one of the men, Hutchison, was included in the records released Thursday. The other, professor Sahotra Sarkar, was suspended for a semester after students complained he asked them to pose for nude photos and swim with him at a nude beach. He was placed on half-time leave without pay and restricted from teaching or advising students during the suspension. Sarkar \u2014 who disputed the allegations in a statement to the university \u2014 resumed teaching undergraduates in 2017. Hutchison returned this fall. But UT-Austin students have recounted their shock at learning about their professors' behavior through friends or on Twitter, and protesters have demanded that information about all 2/16/25, 10:55 UT-Austin acknowledges 17 cases of sexual misconduct by employees | The Texas Tribune 2/5 faculty members found to have violated school misconduct policies be publicized university spokesperson, Shilpa Bakre, has said does not proactively publish the names of policy violators but would review the students\u2019 request. The university has also formed a working group with students to address protesters\u2019 concerns and hired a law firm to review its sexual misconduct-related policies. Students and officials \u2014 including UT-Austin President Greg Fenves \u2014 are expected to have a forum on the topic Jan. 27. An earlier list from UT-Austin shows 11 employees, including Sarkar, were found to have violated its sexual misconduct policy between 2013 and November 2017. \u201cComplainants reported sexual misconduct, including allegations that Sarkar invited complainants to go swimming with him at nude beach, propositioned complainants to pose nude for photographs, held many school-related meetings at bars, and led discussions that were sexual in nature and uncomfortable for the complainants,\u201d part of the entry about Sarkar says. Other employees made \u201cinappropriate comments that were sexual in nature\u201d or were \u201cinvolved in a series of inappropriate and uncomfortable interactions with a female coworker.\u201d One employee at the time was alleged to have cornered a \u201ccoworker in a storage room and grabbed the coworker by the hips and tried to kiss her.\u201d The accused employee issued an apology letter and was quickly fired. Another allegedly \u201cwaved a picture at 2 coworkers that made them uncomfortable\u201d and \u201chad a history of making inappropriate comments to women, including talking about women\u2019s clothing, women\u2019s bodies, and making masturbating hand gestures.\u201d He denied the behaviors, but a office \u201cdetermined there was sufficient evidence\u201d that he violated a school policy barring sexual misconduct and related behaviors. The employee received a warning letter, according to the summary sheet. Of the 11 employees listed, four were terminated, three were not rehired and one \u2014 a former academic adviser and coordinator accused of racial harassment, using \u201chomophobic slang\u201d and making \u201csexual comments directed at females\u201d \u2014 resigned. In an unrelated situation, UT-Austin is also reviewing concerns about Department of Classics professor Thomas Hubbard, specifically his academic writings about the age at which boys can consent to sexual relations, including an article titled \"Sexual Consent and the Adolescent Male, or What Can We Learn from the Greeks?\" 2/16/25, 10:55 UT-Austin acknowledges 17 cases of sexual misconduct by employees | The Texas Tribune 3/5 An excerpt from that article says, \u201cContemporary American legislation premised on children\u2019s incapacity to \u2018consent\u2019 to sexual relations stems from outmoded gender constructions and ideological preoccupations of the late Victorian and Progressive Era; that it has been extended to \u201cprotection\u201d of boys is a matter of historical accident, rather than sound social policy. Rigorous social science and historical comparanda suggest that we should consider a different \u2018age of consent\u2019 for boys and girls.\u201d In December, a small group protested outside Hubbard\u2019s home 50-minute livestream of the incident showed people banging on the door of the house and Hubbard \u2014 who has not been found responsible of violating the university's sexual misconduct policy \u2014 being escorted out by police. Fenves has said he understands the concern over Hubbard\u2019s \u201cwritings about sexual relations between teenagers and adults\u201d and personally finds them \u201coutrageous.\u201d Fenves said the university has assigned Hubbard \u201cto teach Classics courses that do not relate to the controversial topics in his writings\u201d for the last few years but was reviewing complaints about classes last semester and would \u201ctake appropriate action, within the bounds of academic freedom and the constitutionally protected right to free speech.\u201d In a lengthy document posted online, Hubbard said he condemns rape and writes about \u201cpederasty\u201d \u2014 the \"romantic courtship of adolescent males\u201d \u2014 rather than pedophilia. Pedophilia, he told the Texas Tribune in an email, is defined \"as persistent attraction to pre- pubescent children. That has nothing to do with what the ancient Greeks practiced or what discuss in my scholarly work, which pertains to male adolescents. Confusing pedophilia and historical pederasty is irresponsible.\" Student protesters also interrupted a class taught by Sarkar last semester. Sarkar and the three faculty members found to have violated sexual misconduct policies since November 2017 did not respond immediately to requests for comment. Disclosure: The University of Texas at Austin has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here. Learn about The Texas Tribune\u2019s policies, including our partnership with The Trust Project to increase transparency in news. 2/16/25, 10:55 UT-Austin acknowledges 17 cases of sexual misconduct by employees | The Texas Tribune 4/5 2/16/25, 10:55 UT-Austin acknowledges 17 cases of sexual misconduct by employees | The Texas Tribune 5/5", "7832_103.pdf": "The Daily Texan \u2022 December 10, 2019 \u2022 student-response-to-coleman-hutchison-sahotra-sarkar/ Timeline: University, student response to Coleman Hutchison, Sahotra Sarkar Lauren Grobe Students held four protests this semester against faculty sexual misconduct and the continued employment of English associate professor Coleman Hutchison and Sahotra Sarkar, an integrated biology and philosophy professor. Both professors are scheduled to teach classes in the spring of 2020 after they were temporarily suspended by the University for violating sexual misconduct policies. Here is the timeline of of Sarkar and Hutchison\u2019s cases and the response by students and the University to faculty sexual misconduct 2016 Students and student employees file anonymous Title complaints against Sarkar, according to a summary provided by the University. According to the complaints, Sarkar solicited nudes, invited students to nude beaches, held academic meetings in bars and had conversations in class of a sexual nature that made students uncomfortable 25, 2016 Sarkar responds to the Office of Inclusion and Equity\u2019s investigation and acknowledges he may have created an uncomfortable lab environment, but quickly implemented changes, according to his letter. He did confirm going to a nude beach for field work and invited a student with him. He denies taking nude photos of students or asking for nudes 2017 finds Sarkar in violation of sexual misconduct policies. Maurie McInnis, executive vice president and provost, suspends Sarkar from teaching, advising or conducting research on campus for one semester and places him on half-time leave, according to the investigation summary 2017 Anonymous complaints are filed through the University\u2019s Compliance Services Reporting Hotline against Hutchison, according to an investigation summary provided by the University. The complaints allege that Hutchison sexually harassed one graduate student and four more students were subject to sexual misconduct 2018 finds Hutchison failed to disclose a relationship with a student and made inappropriate comments to graduate students. According to the investigation, he violated a sexual misconduct policy, sex discrimination and sexual harassment policy, Casey Crowe consensual relationship policy, nondiscrimination policy and a prohibition of sexual discrimination, sexual harassment, sexual assault, sexual misconduct, interpersonal violence and stalking policy 2018 McInnis suspends Hutchison for two years and prohibits him from supervising graduate students alone during his suspension. According to a letter sent by McInnis, Hutchison said the disciplinary action is \u201cboth appropriate and proportionate 2018 The University removes Hutchison from the fall 2018 and spring 2019 course schedule after it receives public criticism 2019 The University schedules Hutchison to teach two undergraduate English classes in fall 2019 16, 2019 The University releases the Spring 2020 course schedule, and Sarkar and Hutchison are listed as teaching undergraduate courses 25, 2019 Around 60 students hold the first Sit-In for Student Safety outside the provost\u2019s office to demand the termination of Sarkar and Hutchison and a clear listing of professors investigated for sexual misconduct 30, 2019 In the University\u2019s first statement regarding the protest, McInnis announces the University will be hiring outside experts to review the University\u2019s Title policies 7, 2019 President Gregory Fenves sends out a campuswide email referencing the hiring of outside experts and announces the University will be forming an internal working group to review sexual misconduct policies 8, 2019 About 20 students hold a second sit-in outside the Provost\u2019s office to call for a campuswide email explicitly naming Hutchison and Sarkar and an apology for employing professors found guilty of sexual misconduct 19, 2019 In a campuswide email, Fenves says the Misconduct Working Group will consist of graduate students, faculty and staff, and that membership will be finalized in December. He also announces the hiring of law firm Husch-Blackwell as the outside experts to review the University\u2019s Title policies 20, 2019 Students hold a third sit-in outside the Provost\u2019s office and request a universitywide report of faculty found guilty of misconduct, a student-led town hall, more investment into interpersonal violence prevention and the creation of a restorative justice program 21, 2019 Eight protesters interrupt Sarkar\u2019s Environmental Ethics class to demand the termination of Sarkar and pass out fliers with information about the complaints filed against him. According to a statement from the University, Sarkar called the Police Department, but the disturbance was over when the officers arrived and no criminal investigation was pursued 1, 2019 Previous protest organizers form The Coalition Against Sexual Misconduct, the official group that will host future protests and a town hall to discuss faculty sexual misconduct 6, 2019 Students hold a fourth protest outside the Tower and demand the University release a report with the names, courses and actions of professors found guilty of sexual misconduct, an explanation of how the University decides sanctions for sexual misconduct, a restorative justice program and more on campus confidential advocates 2020 student-led town hall will be held on Jan. 27, where University administration and students will discuss sexual misconduct policies, McInnis said. The Misconduct Working Group will also issue its recommendations in April, according to the group\u2019s website.", "7832_104.pdf": "From left: Lynn Huynh, Shelby Hobohm and Simone Harry paint a banner for an upcoming protest during their Coalition Against Sexual Misconduct meeting on Dec. 3, 2019. (Photo: Eddie Gaspar/The Texas Tribune) With the end of the fall semester looming, University of Texas at Austin administrators continue to face a burgeoning student protest movement over the return to the classroom of two professors punished for sexual misconduct policy violations. Two professors disciplined for sexual misconduct resume teaching, students ask why by Shannon Najmabadi and Tiana Woodard, Texas Tribune Thu, December 5th 2019 at 2:41 Updated Thu, December 5th 2019 at 10:18 2/16/25, 10:55 Two professors disciplined for sexual misconduct resume teaching, students ask why 1/5 In the last few months, students have stormed a class, staged sit-ins outside administrators\u2019 offices, circulated a petition and issued a list of demands including public notices naming all professors found to have committed misconduct. \u201cWe don't know who we're in a classroom with,\u201d said one protest organizer, senior Alyssa Ashcraft. \u201cThat's the concerning part to students.\u201d Another sit-in is planned for Friday. Two days ago President Greg Fenves and Executive Vice President and Provost Maurie McInnis agreed to attend a public forum with students next semester, and administrators have met with student organizers several times since the sit-ins began. Two names in UT\u2019s spring 2020 course catalog spurred the student protests: Associate Professor Coleman Hutchison and Professor Sahotra Sarkar, whose sexual misconduct cases were reported in the media, are scheduled to teach undergraduate courses in January. Sarkar was suspended for a semester in 2017 after students complained he asked them to pose for nude photos, swim with him at a nude beach and led uncomfortable conversations that were \u201csexual in nature,\u201d according to documents. Hutchison made \u201cinappropriate remarks\u201d to graduate students, and entered into a consensual relationship with one, according to media reports and a summary of a investigation. He was banned from supervising graduate students on his own for two years and his undergraduate courses were later canceled for one semester. Hutchison returned to the classroom this fall; Sarkar returned in the fall of 2017. Neither Hutchison nor Sarkar responded to a request for comment. Sarkar has disputed the allegations against him in documents, and said he complied when an administrator suggested changes in his conduct. But students said it was an unpleasant surprise to learn of the professors\u2019 misconduct history from friends or through social media. Amanda Brown, a third-year student who took one of Sarkar\u2019s classes this semester, said she learned of his policy violation on Twitter. \u201cYou never think that\u2019s going to happen to you,\u201d she said 2/16/25, 10:55 Two professors disciplined for sexual misconduct resume teaching, students ask why 2/5 fifth-year student, Candace Kosted, also heard of Sarkar\u2019s case on Twitter and said the information prompted her to drop a research project she had been working on with him. Though a teaching assistant has been offering a separate session for students enrolled in Sarkar\u2019s course, Kosted said it feels like the university is \u201caccommodating him more than anything by allowing him to keep this job.\u201d \u201cSchool is supposed to be about learning; you\u2019re encouraged to go to office hours. You\u2019re encouraged to build relationships with professors,\u201d said one protest organizer, sophomore Tasnim Islam. The university has refused to take quick steps to increase transparency, she said, and did not take the group\u2019s demands seriously until they got press attention has hired a law firm to review its policies and swiftly formed a campus working group with students and employees. But protesters say bringing in outside experts is \u201ca step nowhere\u201d that \u201cdoes nothing to address the immediate concerns that students have.\u201d Some students would like to see the professors fired or barred from teaching. Others seek less punitive measures, like having staff and faculty undergo more training about sexual misconduct, and requiring the university to publicize information about instructors\u2019 misconduct histories and explain why some are deemed eligible to continue teaching. In response to open records requests, UT-Austin already releases the names of faculty and employees who violate campus misconduct policies. It also posts sexual misconduct statistics online university spokesperson, Shilpa Bakre, said in a statement that has and \u201cwill move to terminate faculty and staff members whose violations constitute a safety threat or who engage in violations that warrant termination. The university does so in compliance with our policies, which ensure faculty and staff members receive the required level of due process under federal and state constitutional requirements.\u201d Not all violations rise to a level that would justify termination, she said. \u201cThe type of sanction imposed in a specific situation depends on the facts available at the time, but the intent is for the severity of sanctions imposed to match the severity of the misconduct.\u201d Employees who have violated school policies in the past are observed and \"ongoing safety assessments are regularly administered,\" Bakre said. \"Should new allegations of any kind 2/16/25, 10:55 Two professors disciplined for sexual misconduct resume teaching, students ask why 3/5 surface, once reported, new investigations will be launched.\" The sit-ins come as universities across the country face continuous scrutiny over how they adjudicate sexual misconduct cases and balance due process rights with protecting student victims. Debates similar to the one playing out at have occurred at numerous colleges, testing what offenses should follow instructors throughout their professional careers. Peter Lake, the director of the Center for Excellence in Higher Education Law and Policy at Stetson University, said there\u2019s been a \u201ccrescendo\u201d of institutions facing these quandaries since around 2017, as #MeToo stories made headlines. \u201cThis is territory that is still very contested,\u201d said Lake, of whether instructors can \u201cpay the penalty\u201d for certain misconduct offenses and return to campus. \u201cInstitutions are caught in the middle of this, trying to balance what to do. There are no clear national standards on this; no obvious objective metric; no standard everyone agrees on.\u201d While he understands students\u2019 desire to know \u201cif there is a danger lurking and they are unaware,\u201d Lake likened a list of faculty with misconduct histories to a sex offender registry on campus \u2014 one that could lead to defamation claims or expand to include other misdeeds, from DUIs to battery, assault and weapons offenses student protesters said information and rumors about their teachers already spread through whisper networks, and that the school could offer accurate facts and context about why certain professors are allowed in the classroom summary of UT\u2019s investigations shows 11 employees were found to have violated sexual misconduct-related policies between 2013 and mid-2017, including Sarkar, the lone professor on the list. Of the remaining employees, four were terminated, three were not rehired and one resigned more current catalogue, spanning mid-2017 to the present, is expected to be released by within two weeks to people who submit public information requests. Bakre, the university spokesperson, said the working group and the external law firm would look into students\u2019 request that policy violators\u2019 names be proactively published, rather than released through the open records process officials have also committed to posting misconduct statistics more frequently, going beyond the mandates of a new state law that requires universities to publish the information 2/16/25, 10:55 Two professors disciplined for sexual misconduct resume teaching, students ask why 4/5 Loading ... annually takes all allegations of misconduct and assessing potential threats to student safety extremely seriously. Our processes surrounding misconduct are thorough, fair, and of the utmost importance to our mission,\" Bakre said. \"We will continue partnering closely with student leadership and other campus stakeholders to find solutions to these issues.\" Disclosure: The University of Texas at Austin has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here. \"Two UT-Austin professors disciplined for sexual misconduct were allowed to resume teaching. Students want to know why.\" was first published at cases/ by The Texas Tribune. The Texas Tribune is proud to celebrate 10 years of exceptional journalism for an exceptional state 2/16/25, 10:55 Two professors disciplined for sexual misconduct resume teaching, students ask why 5/5", "7832_105.pdf": "students want faculty with sexual misconduct histories fired. What\u2019s the university\u2019s response? Tensions are growing over how to address professor sexual misconduct at the University of Texas at Austin. By Mar\u00eda M\u00e9ndez Politics Reporting Fellow Dec. 1, 2019 | Updated 6:00 a.m | 5 min. read Fatal crash involving tractor-trailer, other vehicles prompts brief shutdown of I-20 Mavs assistant coach Darrell Armstrong arr for allegedly hitting girlfriend with gun 2/16/25, 10:55 students want faculty with sexual misconduct histories fired. What\u2019s the university\u2019s response? 1/7 sign made by the University of Texas at Austin students outside of Executive Vice President and Provost Maurie McInnis' office on Nov. 20, 2019 in Austin. Students demanded more accountability and transparency from the university about faculty who have been found guilty of sexual misconduct (Juan Figueroa/ The Dallas Morning News) (Juan Figueroa / Staff photographer \u2014 In October, University of Texas senior Candace Kosted came across a tweet that unnerved her. It said her environmental ethics professor, Sahotra Sarkar, was suspended for a semester in 2017 for a sexual misconduct violation after students complained that he had invited them to go swimming or pose nude did have a lot of positive feelings and thoughts toward him before found out, and then when heard that news, it was hard,\u201d said Kosted, who is from Pflugerville was just disappointed.\u201d 2/16/25, 10:55 students want faculty with sexual misconduct histories fired. What\u2019s the university\u2019s response? 2/7 So when a group of students stormed into Kosted\u2019s class about a week ago to confront Sarkar and ask other students to walk out in protest, Kosted followed. Political Points Get the latest politics news from North Texas and beyond. Enter your email address Or with By signing up you agree to our Terms of Service and Privacy Policy She and other students who have participated in several campus protests say they want the university to provide a list of all professors with sexual misconduct violations and to remove the professors from courses or fire them. With roughly one week of classes left in the fall semester, they\u2019re growing impatient and frustrated. But experts say meeting students\u2019 demands would break the precedent of how universities traditionally handle sexual misconduct and could challenge federal and state anti-discrimination and privacy regulations legal balancing act The university hired an external firm last month and is finalizing a working group to review its policies in the wake of the actions of Sarkar and English professor Coleman Hutchison, who was disciplined after making sexual comments to students and failing to disclose a consensual relationship with a graduate student. He returned to the classroom this fall. Sarkar and Hutchison did not respond to multiple emails and calls seeking comment. 2/16/25, 10:55 students want faculty with sexual misconduct histories fired. What\u2019s the university\u2019s response? 3/7 Under Title IX, universities must respond to reports of sexual misconduct in a \u201cprompt and equitable\u201d manner, said Peter Lake, a law professor at Stetson University in Florida who specializes in the law prohibiting discrimination in education programs. Lake said offenses of sexual violence, including rape and assault, generally result in the resignation or firing of university faculty, but consequences for sexual misconduct, such as verbal harassment, historically have not prevented professors from returning to the classroom. Too often, remedies for sexual misconduct have been a \u201cslap on the wrist\u201d that allowed the behavior to spread, said Jerry Carbo, an employment law expert and professor at Shippensburg University in Pennsylvania. At in spring 2017, Sarkar was suspended from teaching, placed on half-time leave without pay and restricted from advising students. Hutchison was barred from supervising graduate students by himself, from consideration for promotion to full professor and from appointment to any administrative or leadership positions for two years. The university also canceled plans for him to teach two undergraduate classes in fall 2018 officials told The Dallas Morning News that they do not plan to remove Sarkar or Hutchison from teaching. \u201cThe university actively monitors their transition back into their teaching roles and checks to see if new complaints are submitted. Should new allegations of any kind surface, once reported, new investigations will be launched spokeswoman Shilpa Bakre said in an email. Carbo said UT\u2019s penalties appeared to be \u201cpretty severe\u201d and beyond the typical responses in the private sector. Still, employers in the private sector have been able to respond more quickly or aggressively to demands for accountability because their employees, unlike 2/16/25, 10:55 students want faculty with sexual misconduct histories fired. What\u2019s the university\u2019s response? 4/7 university professors, don\u2019t have tenure, said Merrick Rossein, a professor at the School of Law in New York. Bakre said Sarkar and Hutchison\u2019s \u201cstatus as tenured faculty members did not impact the university\u2019s investigation, response to the alleged misconduct, or the range of sanctions imposed.\u201d But the #MeToo movement ignited a debate over what should be deemed \u201cunforgivable\u201d sexual misconduct offenses, Lake said. Calls for change When Kosted and other students in Sarkar\u2019s class learned about his misconduct, she said, their group chat \u201cstarted blowing up\u201d and students were confused about how to react. Kosted dropped a research project she had started with Sarkar\u2019s help, and Amanda Brown, a junior from Elkhart, stopped attending the class until the teaching assistant began providing separate lectures for students who felt uncomfortable with Sarkar. Brown went to the first of three sit-ins that students organized. She said her goal isn\u2019t to \u201cruin\u201d Sarkar and Hutchison\u2019s lives, but to promote systemic change against sexual misconduct. \u201cIf we don\u2019t say anything, how are we going to stop it from happening in the future?\u201d she said. That\u2019s also why junior Simone Gabriela Harry said she helped organize the third sit-in. The English honors and Black Studies student from South Padre Island said some students realize the university might not agree to identify or fire all professors accused of sexual misconduct, which experts say would be unprecedented. Concerns about the privacy of affected students generally prevent universities from disclosing details about sexual misconduct cases, Lake said. 2/16/25, 10:55 students want faculty with sexual misconduct histories fired. What\u2019s the university\u2019s response? 5/7 Students are shifting their focus to requesting more transparency about the university\u2019s Title and sexual misconduct procedures, Harry said petition with some of those demands has over a thousand signatures. \u201cThis is about trying to engage with the system of power and trying to undo and prevent more harm within that system,\u201d said junior Lynn Huynh of Houston, another student organizer. The university launched a central website for Title reports and students\u2019 questions about sexual misconduct last month and is expected to receive recommendations from the external firm it hired and a university working group in April. Senate Bill 212, which lawmakers passed this year, requires universities to post at least once every fall and spring semester an online report summarizing Title cases officials have promised to roll out improved reporting in January, and Bakre said the university will ask the firm to review best practices for disclosing misconduct. Student organizers say that they hope to host a community-led town hall before the semester ends but that administrators would prefer a university-moderated \u201ccampus forum.\u201d Bakre said is \u201cpartnering with students to explore every option available\u201d to productively engage with them. \u201cWe are focused on creating an environment conducive to a constructive dialogue surrounding issues of misconduct,\u201d she said. 2/16/25, 10:55 students want faculty with sexual misconduct histories fired. What\u2019s the university\u2019s response? 6/7 Growing distrust In the past two years, the University of Texas at Austin has faced four other faculty controversies. After the Austin American-Statesman reported in 2018 that pharmacy professor Richard Morrisett was still employed by after pleading guilty to felony charges for assaulting his girlfriend in 2016, students vandalized the College of Pharmacy with the words harbors abusers\u201d and \u201cWatch your back Richard said it did not discipline Morrisett because it did not find his behavior threatening to the university community, but President Greg Fenves responded to protests by indicating that employees who commit crimes off campus could be subject to discipline in the future. Morrisett was found dead in his home a day after Fenves\u2019 announcement. Robert Reece, a sociology professor, was accused of abuse by past partners in 2018 after he wrote an essay for Vox on consent told Vox it was aware of the accusations, but Reece said he was not under investigation and has continued teaching. Phil Nemy, former executive director of the internship program, was fired in May after a 2013 university investigation found him guilty of making inappropriate comments and unwanted touching, and contact with students prompted new allegations against him. Composition professor Dan Welcher was accused in October by multiple former students of making unwanted CORRECTION, 10:44 a.m. Dec. 2, 2019 previous version of this story incorrectly identified Peter Lake as David Lake and stated that professor Dan Welcher resigned in October. Welcher is serving a one-year phased retirement going into spring 2020. By Mar\u00eda M\u00e9ndez Mar\u00eda M\u00e9ndez is a politics reporter in The Dallas Morning News' Austin bureau. Send her politics and policy questions, news tips, or food recommendations! Connect: 2/16/25, 10:55 students want faculty with sexual misconduct histories fired. What\u2019s the university\u2019s response? 7/7", "7832_106.pdf": "Austin Announces Changes To Sexual Misconduct Policies Following Student Pressure 90.5 | By Dani Matias Published March 2, 2020 at 1:14 Julia Reihs Austin students attend a town hall meeting on faculty sexual misconduct, in January Austin is updating its sexual misconduct policies after months of campus protests. Students organized after discovering some faculty members \u2013 including Coleman Hutchinson, an associate professor in the English Department, and Sahotra Sarkar, an integrative biology and philosophy professor \u2013 were allowed to keep their jobs after violating the university\u2019s sexual misconduct policies. Students stormed Sarkar's class, circulated a petition for student safety and staged sit-ins outside administrators\u2019 offices. The university hired an outside law firm, Husch Blackwell, to review its polices, provide clear disciplinary guidelines and make suggestions on how to improve communication with the campus community. The firm released its findings Monday. Donate World Service 2/16/25, 10:55 Austin Announces Changes To Sexual Misconduct Policies Following Student Pressure Radio, Austin's Station 1/8 University President Greg Fenves said he accepts all the recommendations. The suggestions are \u201cdesigned to better support survivors, provide clear disciplinary guidelines and improve communication with the campus community,\u201d he said in a statement. There are three main changes to UT\u2019s sexual misconduct policies: After a thorough investigation is completed, the school will fire any faculty or staff member who is found to have committed sexual assault, sexual harassment, stalking or interpersonal violence. Second, if a employee is found to have engaged in one of these four types of misconduct and the university does not fire that person, the university must explain its reasoning publicly. Information on the survivors will be kept private, Fenves said. Lastly, the university said it is committed to making it faster and easier for survivors to receive resources after an incident said it will streamline the resources it offers to survivors. \u201cSexual assault, sexual harassment, stalking and interpersonal violence will not be accepted at The University of Texas at Austin,\" Fenves said. \"If a faculty or staff member commits these acts, the consequences will be clear.\u201d Fenves said experts, including those in the Steve Hicks School of Social Work, would be consulted to \u201cintroduce restorative justice as an alternative approach.\u201d Under pressure from students released a report in January that showed 17 employees \u2013 including three faculty members and one research fellow \u2013 violated the school\u2019s misconduct rules between November 2017 and December 2019. During an emotional town hall earlier this year, students demanded transparency in how the university handles sexual misconduct cases. They questioned why professors who have been found guilty of misconduct were still allowed to teach and called for the termination of faculty found guilty of violating school policies. The school also formed a Misconduct Working Group made up of university leaders, faculty and students, which worked with Husch Blackwell to develop the policies World Service 2/16/25, 10:55 Austin Announces Changes To Sexual Misconduct Policies Following Student Pressure Radio, Austin's Station 2/8 Fenves said the university will begin implementing the new policies immediately and that there will be more opportunities for input from students, faculty and staff as the process moves forward. Got a tip? Email Dani Matias at dmatias@kut.org. Follow her on Twitter @Matias7Dani If you found the reporting above valuable, please consider making a donation to support it. Your gift pays for everything you find on KUT.org. Thanks for donating today. Tags Austin Austin Sexual Misconduct University Of Texas At Austin Trending Dani Matias Dani Matias is a producer and host for KUT's Morning Edition. Before moving to Austin, she wrote breaking news for and witnessed the Jonas Brothers\u2019 Tiny Desk Concert in Washington, D.C. See stories by Dani Matias Energy & Environment On anniversary of Texas blackouts forecasts potential energy shortages in coming years En Espa\u00f1ol El cerebro de Elon Musk est\u00e1 en DC. Pero el coraz\u00f3n de su imperio est\u00e1 en Texas y sigue creciendo. Latest Stories World Service 2/16/25, 10:55 Austin Announces Changes To Sexual Misconduct Policies Following Student Pressure Radio, Austin's Station 3/8 En Espa\u00f1ol En Austin ya es ilegal estacionarse en los carriles para bicicletas Texas Standard Texas runner laces up to break another world record at Austin Marathon Related Content Education Austin Students Demand Transparency In Sexual Misconduct Cases At Town Hall Event Marisa Charpentier, January 27, 2020 Austin students urged university leadership to admit the school has failed them, during a town hall meeting Monday on faculty sexual misconduct.At the World Service 2/16/25, 10:55 Austin Announces Changes To Sexual Misconduct Policies Following Student Pressure Radio, Austin's Station 4/8 Education Austin Acknowledges 17 Cases Of Sexual Misconduct By Employees Shannon Najmabadi | Texas Tribune, January 9, 2020 Seventeen employees at the University of Texas at Austin, including three faculty members and one research fellow, were found to have violated the World Service 2/16/25, 10:55 Austin Announces Changes To Sexual Misconduct Policies Following Student Pressure Radio, Austin's Station 5/8 Stay Connected \u00a9 2025 Public Media service of the Moody College of Communication at the University of Texas at Austin webmaster@kutx.org About Us Newsletters Schedules How To Listen Donate Today Crime & Justice The Provability Gap: Why Sexual Assault Cases Are So Hard To Prosecute In Austin Nadia Hamdan, August 20, 2019 Austin had the highest number of rapes reported in large Texas cities in 2017. The rate of reported rapes that year was also nearly 40% higher than World Service 2/16/25, 10:55 Austin Announces Changes To Sexual Misconduct Policies Following Student Pressure Radio, Austin's Station 6/8 Newsroom Staff Advisory Board News Releases Jobs & Internships Events Around the Station Mobile Guide Volunteer Contact Us Smart Speakers Privacy & Terms Annual Report (pdf Funding Public File Legacy Planning Business Circle Car Donation Sponsorship Opportunities Member Login World Service 2/16/25, 10:55 Austin Announces Changes To Sexual Misconduct Policies Following Student Pressure Radio, Austin's Station 7/8 2/16/25, 10:55 Austin Announces Changes To Sexual Misconduct Policies Following Student Pressure Radio, Austin's Station 8/8"} |
7,794 | Richard Rose | University of North Dakota | [
"7794_101.pdf",
"7794_102.pdf",
"7794_103.pdf",
"7794_104.pdf"
] | {"7794_101.pdf": "The Wayback Machine - General Info Medical School Discussion | Other Sites | Look Back $250,000 has rung up a legal bill of $115,000 in state funds for a recent out-of-court settlement in a sexual harassment suit brought by a former psychology professor. The figure is nearly half the amount has filed in claim from the State Insurance Reserve Fund since Herald investigation found. Those legal experts or losses total nearly a quarter-million dollars, according to the North Dakota University System office in Bismarck. The latest claim will be paid out of the state insurance pool to Sheila Deitz, now teaching at the University of Denver, and to attorneys on both sides. Deitz filed a federal court lawsuit in April 1992 saying that she and other women in the department during the late '80s had been exposed to an atmosphere of intimidation and other unwelcome behavior from the male professors. The former director of clinical training for the psychology department also claimed she was passed over for re-appointment, as a result of her complaints of harassment said it was not liable for any of the alleged actions, and denied wrongdoing by university officials or faculty. Even so, Deitz case turned out to be the most expensive among four settlements totaling $234,857 in the past three years. Lawyers for and Deitz refused to give details of their out- of-court agreement this spring. State open-record laws, however, do not apply to claims that the state Insurance pool agrees to pay. Those figures were made available at the Herald's request. The Bismarck-based reserve fund, headed by Executive Director Steven Spilde, has a policy of not releasing information to the public, unless requested through a member institution. \"The reserve decides whether to pay a settlement,\" Pat Seaworth noted. He is the Bismarck attorney for the North Dakota University System. He said claims total more than all the other 10 state-run campuses combined. Only six or seven claims have been made by state-run universities or colleges since the insurance pool was established in the mid-80's. \"With Deitz, it's my understanding there was a payment of $90,000, which as recall, included $65,000 to Deitz and $25,000 to her attorneys for fees. The rest (about $24,000) was for attorney fees,\" Seaworth said. Gary Thune of Bismarck represented in the Deitz case. His firm also had represented in an earlier case of reported sexual harassment, in which legal fees claimed by totaled nearly $66,000 has not had a full-time lawyer on staff since about 1990. Then-President Tom Clifford reduced a full-time legal counsel to a half-time position, then did away with a legal office altogether in favor of contracting for services or using the state attorney general's office.* The recent claims included $66,000 for legal fees in a sexual harassment suit brought by former graduate student Mary Leadbetter against her physiology professor, Richard Rose 3-2 vote by the State Supreme Court upheld \"sovereign immunity\" for in the case, and the university was dismissed as a defendant in a $1 million civil suit brought by Leadbetter. She said that Rose sexually assaulted her in a hotel room in New Orleans, where they were at an academic conference in 1989. Leadbetter settled out of court last year. Rose, now at the Chicago Medical School, denied her charges before he resigned as physiology chairman at in 1990.** Other legal expenses and losses included $49,000 for settling a wrongful firing complaint by Gail Norman, former box office manager at the Chester Fritz Auditorium. She was fired in July 1989, months after nearly $10,000 was stolen by her assistant manager, Patti Papenfuss, who admitted later to falsifying deposits and receipts at the Fritz. Papenfuss, who received a suspended five-year prison sentence, lives out of state now, and has been making regular restitution payments of about $200 a month, according to Rick Brown, assistant state's attorney for Grand Forks County. Source: Grand Forks Herald, June 15, 1993 *As of the posting of this report on October 20, 2000 hired Julie Evans an University of North Dakota General Counsel, but this individual has never practiced law outside of an academic setting. ** More on this topic will be presented on this site in the future ***Note rung up over $250,000.00 in legal fees and loses in about a 3 year time period (1989-1991). We have not been able to get more accurate or recent figures because the North Dakota state agency in charge of paying for this type of loss has refused to provide any information on this subject. 2/16/25, 10:57 Settlements Net Nearly $250,000 in Losses.htm 1/1", "7794_102.pdf": "Case Law ( State v. Rose, 13628 Decision Date 07 September 1982 Docket Number No. 13628,13628 Citation 324 N.W.2d 894 Parties of South Dakota, Plaintiff and Appellee, v. Richard ROSE, Defendant and Appellant. Court South Dakota Supreme Court Your World of Legal Intelligence (/) United States | 1-800-335-6202 Document Cited authorities 10 Cited in 42 Precedent Map Related Page 894 324 N.W.2d 894 of South Dakota, Plaintiff and Appellee, v. Richard ROSE, Defendant and Appellant. No. 13628. Supreme Court of South Dakota. Sept. 7, 1982. Decided Oct. 13, 1982. Douglas E. Kludt, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief. David M. Husby, Pennington County Public Defender, Rapid City, for defendant and appellant. FOSHEIM, Chief Justice. Appellant was convicted by a jury of sexual contact with a child under fifteen in violation of 22-22-7 ( 1 He was sentenced to five years in the South Dakota State Penitentiary and appeals from the judgment. We affirm 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 22-22-7.1 ( defines the term sexual contact used in 22-22-7 ( It specifies that the requisite intent is arousal or gratification of the sexual desire of either party. Before trial the State sought a ruling from the trial court on the admissibility of other crimes to prove intent, motive, opportunity, preparation, knowledge and plan pursuant to 19-12-5, which reads: Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. At the pre-trial hearing on the State's request, evidence was offered that appellant had sexual contact with or raped children under fifteen years of age on several occasions prior to the January 17, 1981, act with C. K. with which he was charged. This evidence was introduced through three witnesses: C. K., K. H. and T. H., the alleged victims of the other crimes (nine, eight and twelve years old respectively at the time of trial). They testified at length that the other crimes occurred on numerous occasions when appellant was helping his wife babysit. Appellant cross-examined each witness. The trial court ordered the other crimes evidence admitted solely as to the element of intent and limited such evidence to C. K.'s testimony of two other crimes alleged to have occurred in November 1980 and December 1980 respectively; K. H.'s testimony of one other crime alleged to have occurred in December 1980 or January 1981; and T. H.'s testimony of other crimes alleged to have occurred during the weekend of the Days of '76 in Deadwood, South Dakota, in August 1980. The trial court's order was based on its opinion that the State had established such other crimes by substantial evidence and that the dates of each incident were fixed with sufficient certainty to allow refutation. The court disallowed the balance of the other offered evidence because it did not meet these standards. The sole issue raised by appellant on appeal is whether the trial court abused its discretion when it admitted other crimes evidence as to appellant's intent to commit the crime charged. Appellant argues that the other crimes evidence was inadmissible because it was irrelevant to the question of appellant's intent or, if relevant, its probative value was substantially outweighed by its prejudicial effect. Since evidence of other crimes is inadmissible to prove the bad character of the accused, it must first pass the test of relevancy to one of the 19-12-5 exceptions. State v. Johnson, 316 N.W.2d 652 (S.D.1982) ( State v. Houghton, 272 N.W.2d 788 (S.D.1978) ( In this case the evidence must be relevant to appellant's intent to commit the crime charged. Relevant evidence is defined as \"evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence 19-12-1 ( Appellant's defense was that he did touch the genitalia of C. K. but not with the intent to sexually arouse or gratify; rather, he did so in the course of cleaning her after she wet herself and in the course of examining her for eczema and applying medication for eczema psychiatrist, called by the defense, testified that appellant is obsessed with cleanliness and that is why appellant had the children in his care take frequent showers and why he checked them thoroughly for cleanliness. The testimony of C. K., K. H. and T. H., however, clearly indicates that appellant touched them for his sexual gratification. Their testimony is relevant because it tends to make the existence of the specific intent required by 22-22-7.1 ( defined-exception-943344308) more probable than it would be otherwise. The next question is whether the other crimes evidence, even though relevant, should nevertheless have been excluded under 19-12-3 ( 2 because \"its probative value is substantially outweighed by the danger of unfair prejudice.\" Johnson, supra ( State v. Brown, 285 N.W.2d 843 (S.D.1979) ( Houghton, supra ( 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 law.vlex.com/vid/state-v-houghton-no-890264845). The standard of review in this court is whether the trial court abused its discretion in admitting the evidence. Id. In making such review we are bound by the rule that the question is \"not whether the judges of this court would have made an original like ruling, but rather whether we believe a judicial mind, in view of the law and the circumstances, could reasonably have reached that conclusion.\" F. M. Slagle & Co. v. Bushnell, 70 S.D. 250, 16 N.W.2d 914, 916 (1944) ( Myron v. Coil, 82 S.D. 180, 143 N.W.2d 738 (1966) ( Davis v 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 29 cases Search in 29 citing cases \uf014 State v. Reutter ( United States South Dakota Supreme Court 6 September 1985 ...evidence is relevant to one of the stated exceptions in 19-12-5. State v. Willis, 370 N.W.2d 193, 197 (S.D.1985); State v. Rose, 324 N.W.2d 894, 895 (S.D.1982). Secondly, if relevant, whether the prejudicial effect of the evidence substantially outweighs its probative value. State v. R...... State v. Woodfork ( United States South Dakota Supreme Court 11 April 1990 ...the prejudicial effect of the evidence outweighs its probative value. State v. Reutter, 374 N.W.2d 617, 625 (S.D.1985); State v. Rose, 324 N.W.2d 894, 895 (S.D.1982). In the present case, the trial court concluded the \"shoplifting\" evidence was not relevant to the victim's character for tru...... State v. Swallow ( United States South Dakota Supreme Court 22 April 1987 ...if the trial court abused its discretion in admitting evidence of these prior bad acts under 19-12-5 (Rule 404(b)). State v. Rose, 324 N.W.2d 894 (S.D.1982). Swallow spent a great deal of time arguing that the lack of identification of Swallow or other evidence linking him to the robbe...... State v. Brings Plenty ( United States South Dakota Supreme Court 11 July 1990 ...to prove elements of premeditation and heat of passion were not substantially outweighed by any unfair prejudice to Blaine. State v. Rose, 324 N.W.2d 894 (S.D.1982). (b) Evidence and Photos Taken at the Approximately an hour after the original police response, Detective Harold Plooster (Plo...... Request a trial to view additional results uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 1-800-335-6202 Terms of use ( \u00a92025 vLex.com All rights reserved uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041", "7794_103.pdf": "child/article_4cd72312-986e-11ee-8d1d-774dbe2b5d7f.html Dallas man sentenced to 25 years in prison for sexually abusing child Dec 11, 2023 Richard Wayne Rose, Jr., has been sentenced to serve 25 years in prison after a jury found him guilty of seven counts of sex abuse in the first degree, one count of luring a minor, and one count of private indecency. The incidents occurred over a four-year period to a six-year-old victim when the abuse began according to a press release from the Polk County District Attorney\u2019s Office. Rose, 60, of Dallas, was sentenced by Polk County Circuit Judge Rafael A. Caso according to Oregon\u2019s Measure 11 minimum mandatory sentencing law. He will not be eligible for any form of early release or sentence reduction. He will also be required to serve a 45-month term of post-prison supervision upon his release and register as a sex offender. Privacy - Terms 2/16/25, 10:57 Dallas man sentenced to 25 years in prison for sexually abusing child | News | polkio.com 1/2 Caso sentenced Rose to consecutive 75-month terms on four counts of sex abuse in the first degree and concurrent 75-month terms on the remaining counts of sex abuse in the first degree. The remaining counts were sentenced concurrently. The case was investigated by the Polk County Sheriff\u2019s Office and the Dallas and Independence police departments. The case was prosecuted by Polk County Deputy District Attorney Shannon Clausen. 2/16/25, 10:57 Dallas man sentenced to 25 years in prison for sexually abusing child | News | polkio.com 2/2", "7794_104.pdf": "State v. Rose 324 N.W.2d 894 (1982 of South Dakota, Plaintiff and Appellee, v. Richard ROSE, Defendant and Appellant. No. 13628. Supreme Court of South Dakota. September 7, 1982. Decided October 13, 1982. Douglas E. Kludt, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief. David M. Husby, Pennington County Public Defender, Rapid City, for defendant and appellant. FOSHEIM, Chief Justice. Appellant was convicted by a jury of sexual contact with a child under fifteen in violation of 22-22-7.[1] He was sentenced to five years in the South Dakota State Penitentiary and appeals from the judgment. We affirm 22-22-7.1 defines the term sexual contact used in 22-22-7. It specifies that the requisite intent is arousal or gratification of the sexual desire of either party. Before trial the State sought a ruling from the trial court on the admissibility of other crimes to prove intent, motive, opportunity, preparation, knowledge and plan pursuant to 19-12-5, which reads: 2/16/25, 10:57 State v. Rose :: 1982 :: South Dakota Supreme Court Decisions :: South Dakota Case Law :: South Dakota Law :: U.S. Law :: Justia 1/5 Evidence of other crimes, wrongs, or acts is not admissible to prove the character *895 of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. At the pre-trial hearing on the State's request, evidence was offered that appellant had sexual contact with or raped children under fifteen years of age on several occasions prior to the January 17, 1981, act with C. K. with which he was charged. This evidence was introduced through three witnesses: C. K., K. H. and T. H., the alleged victims of the other crimes (nine, eight and twelve years old respectively at the time of trial). They testified at length that the other crimes occurred on numerous occasions when appellant was helping his wife babysit. Appellant cross-examined each witness. The trial court ordered the other crimes evidence admitted solely as to the element of intent and limited such evidence to C. K.'s testimony of two other crimes alleged to have occurred in November 1980 and December 1980 respectively; K. H.'s testimony of one other crime alleged to have occurred in December 1980 or January 1981; and T. H.'s testimony of other crimes alleged to have occurred during the weekend of the Days of `76 in Deadwood, South Dakota, in August 1980. The trial court's order was based on its opinion that the State had established such other crimes by substantial evidence and that the dates of each incident were fixed with sufficient certainty to allow refutation. The court disallowed the balance of the other offered evidence because it did not meet these standards. The sole issue raised by appellant on appeal is whether the trial court abused its discretion when it admitted other crimes evidence as to appellant's intent to commit the crime charged. Appellant argues that the other crimes evidence was inadmissible because it was irrelevant to the question of appellant's intent or, if relevant, its probative value was substantially outweighed by its prejudicial effect. Since evidence of other crimes is inadmissible to prove the bad character of the accused, it must first pass the test of relevancy to one of the 19-12-5 exceptions. State v. Johnson, 316 N.W.2d 652 (S.D.1982); State v. Houghton, 272 N.W.2d 788 (S.D.1978). In this case the evidence must be relevant to appellant's intent to commit the crime charged. Relevant evidence is defined as \"evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence 19-12-1. Appellant's defense was that he did touch the genitalia of C. K. but not with the intent to sexually arouse or gratify; rather, he did so in the course of cleaning her after she wet herself and in the course of examining her for eczema and applying medication for eczema psychiatrist, called by the 2/16/25, 10:57 State v. Rose :: 1982 :: South Dakota Supreme Court Decisions :: South Dakota Case Law :: South Dakota Law :: U.S. Law :: Justia 2/5 defense, testified that appellant is obsessed with cleanliness and that is why appellant had the children in his care take frequent showers and why he checked them thoroughly for cleanliness. The testimony of C. K., K. H. and T. H., however, clearly indicates that appellant touched them for his sexual gratification. Their testimony is relevant because it tends to make the existence of the specific intent required by 22-22-7.1 more probable than it would be otherwise. The next question is whether the other crimes evidence, even though relevant, should nevertheless have been excluded under 19-12-3[2] because \"its probative value is substantially outweighed by the danger of unfair prejudice.\" Johnson, supra; State v. Brown, 285 N.W.2d 843 (S.D.1979); Houghton, supra. The standard of review in this court is whether the trial court abused its discretion in admitting the evidence. Id. In making such review we are bound by the rule that the question is \"not whether the judges of this court would *896 have made an original like ruling, but rather whether we believe a judicial mind, in view of the law and the circumstances, could reasonably have reached that conclusion.\" F. M. Slagle & Co. v. Bushnell, 70 S.D. 250, 16 N.W.2d 914, 916 (1944); Myron v. Coil, 82 S.D. 180, 143 N.W.2d 738 (1966); Davis v. Kressly, 78 S.D. 637, 107 N.W.2d 5 (1961). See Houghton, supra, f.n. 10, which cites Slagle, Myron and Davis on the abuse of discretion standard. While the evidence of other crimes was undoubtedly prejudicial to appellant, the operative words of 19-12-3 are \"substantially outweighed\" and \"unfair.\" The trial court was careful to insure that the other crimes evidence was substantial and fixed in time with reasonable certainty to allow appellant a fair opportunity to refute. Under these circumstances and the law permitting such evidence to be received, we conclude the trial court acted reasonably. We hold, therefore, that the trial court did not abuse its discretion by admitting this evidence. The trial court received the evidence without contemporaneously instructing the jury that they were to consider this evidence only on the issue of intent. Appellant argues that such failure to instruct encouraged the jury to decide the case on an improper basis. Appellant did not request such a limiting instruction at the time the evidence was received; however, the jury was given such an instruction prior to deliberation.[3] Appellant cites no authority to support his argument that the trial court must sua sponte give a limiting instruction when evidence of other crimes is received. In State v. Nesbeth, 65 S.D. 613, 277 N.W. 36 (1937), we held that when other crimes evidence has been correctly received an appropriate limiting instruction given as part of the charge to the jury fully protects a defendant's rights. 2/16/25, 10:57 State v. Rose :: 1982 :: South Dakota Supreme Court Decisions :: South Dakota Case Law :: South Dakota Law :: U.S. Law :: Justia 3/5 Judgment affirmed. All the Justices concur [1] At the time of the offense, 1/17/81 22-22-7 read: Any person, fifteen years of age or older, who knowingly engages in sexual contact with another person, other than his spouse when such other person is under the age of fifteen years is guilty of a Class 3 felony. If the actor is less than three years older than the other person, he is guilty of a Class 1 misdemeanor. At the time of the offense 22-22-7.1 read: As used in \u00a7 22-22-7, the term, \"sexual contact,\" means any touching, not amounting to rape, of the breasts of a female or the genitalia of any person with the intent to arouse or gratify the sexual desire of either party. [2 19-12-3 reads: Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. [3] Instruction No. 9 read: Evidence has been introduced for the purpose of showing that the defendant committed crimes other than that for which he is on trial. Such evidence, if believed, was not received and may not be considered by you to prove that he is a person of bad character or that he has a disposition to commit crimes. Such evidence was received and may be considered by you only for the limited purpose of determining if it tends to show: The existence of the intent which is a necessary element of the crime charged. For the limited purpose for which you may consider such evidence, you must weigh it in the same manner as you do all other evidence in the case. You are not permitted to consider such evidence for any other purpose. Therefore, even though you may be satisfied that the Defendant committed one or more of such other crimes, but you are not convinced beyond a reasonable doubt that the Defendant did in fact commit the particular crime for which he is now standing trial, you must return a verdict of not guilty. That is, before you can return a verdict of guilty, you must first be satisfied from the evidence presented in this trial that each of the elements of this particular offense alleged to have occurred on January 17, 1981, with [C. K.], has been proven beyond a reasonable doubt. 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. 2/16/25, 10:57 State v. Rose :: 1982 :: South Dakota Supreme Court Decisions :: South Dakota Case Law :: South Dakota Law :: U.S. Law :: Justia 4/5 This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2/16/25, 10:57 State v. Rose :: 1982 :: South Dakota Supreme Court Decisions :: South Dakota Case Law :: South Dakota Law :: U.S. Law :: Justia 5/5"} |
8,836 | Mario D’Amato | Rollins College | [] | {} |
8,896 | Kimberly Lambert | California State University - East Bay | [
"8896_101.pdf",
"8896_102.pdf",
"8896_101.pdf",
"8896_102.pdf"
] | {"8896_101.pdf": "CSU's Title Reckoning New batch of records shows professors disciplined for sexual harassment Records show students suffered sexual advances from professors 2, 2022 2 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. 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 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. 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. 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 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 * *", "8896_102.pdf": "Date(s) of Incident Complainant Status Respondent Name Respondent Position Summary of Allegation(s) Finding Outcome 12/6/20 Student Kimberly Lambert Head Women's Volleyball Coach Respondent engaged in discriminatory and harassing gender-based conduct, and attacked Complainant's character by calling her whore & slut on three separate ocassions. substantiated Respondent was issued a one week suspension without pay. 2/20/21 Student(s) Kenneth Curr Associate Professor Respondent inappropriately touched Complainants and made gender stereotyped comments toward female students. substantiated Respondent was issued a two week suspension without pay; and is required to attend sexual harassment and discrimination training every two years."} |
7,740 | Lee Eckhardt | University of Idaho | [
"7740_101.pdf"
] | {"7740_101.pdf": "From Casetext: Smarter Legal Research George v. University of Idaho Court of Appeals of Idaho Jan 24, 1992 121 Idaho 30 (Idaho Ct. App. 1992) Copy Citations Download Check Treatment Rethink the way you litigate with CoCounsel for research, discovery, depositions, and so much more. Try CoCounsel free No. 18693. November 26, 1991. Petition for Review Denied January 24, 1992 R. REINHARDT, III, J. *31 31 Winston Cashatt, Coeur d'Alene and Spokane, Washington, for plaintiff- appellant. F.J. Dullanty, Jr., argued. Quane, Smith, Howard Hull, Boise, for defendants-respondents. John P. Howard, argued. Sign In Search all cases and statutes... Opinion Summaries Case details 2/16/25, 10:59 George v. University of Idaho, 121 Idaho 30 | Casetext Search + Citator 1/16 SILAK, Judge. This appeal involves a claim for breach of contract against the University of Idaho. Kathryn George sued the University for breach of a 1986 release agreement entered into by George, the University, and a former professor at the University, William Lee Eckhardt. In that agreement, George agreed to release claims of sexual harassment against Eckhardt and the University. The University moved for summary judgment, which motion was granted by the district court. For the reasons stated below, we vacate the judgment. Facts Because we are reviewing a grant of summary judgment, we will recite the facts in a light most favorable to George, the non-moving party below. Kathryn George began attending the University of Idaho College of Law in the fall semester of 1985. William Lee Eckhardt was a professor, and one of George's instructors, at the law school. During the fall semester of 1985, George and Eckhardt became personally acquainted and subsequently entered into an intimate relationship. At various times during the fall the parties expressed a desire to end the relationship. Finally, at some time in December prior to the semester's final examinations, George terminated the affair. Despite George's requests that Eckhardt discontinue all contact with her, Eckhardt engaged in numerous attempts to persuade George to resume the relationship. Eckhardt made numerous overtures through personal conversations, letters, phone calls, and messages posted on the law school bulletin board, directed to George personally, and indirectly through her classmates, other professors, and her family. The content of these communications ranged between flattery and attacks on George's character. George asserts that Eckhardt's conduct, before and after the affair was terminated, also involved physical and emotional intimidation, in and out of the classroom. After the affair was terminated, Eckhardt's efforts to persuade George to resume the relationship became increasingly threatening and coercive. Once it became clear the relationship would not be resumed, Eckhardt's conduct became retaliatory. 2/16/25, 10:59 George v. University of Idaho, 121 Idaho 30 | Casetext Search + Citator 2/16 When winter semester commenced in January 1986, Eckhardt continued to sexually harass George. On or about January 16, 1986, George contacted a woman law professor to determine if there was any way she could continue the course of study being taught by Eckhardt without having to attend his lectures. After this professor brought the situation to the attention of Sheldon Vincenti, Dean of the law school, Vincenti requested a meeting with George to discuss her claims regarding Eckhardt's conduct. During her meeting with Vincenti, George disclosed the nature of her past and current relationship with Eckhardt and asked Vincenti to make arrangements for her to continue in Eckhardt's class without *32 having to attend personally. Vincenti granted this request, and also directed George to the office of Carol Hahn, the Affirmative Action Compliance Officer for the University. On or about that same day, George contacted Hahn to complain of Eckhardt's conduct. Thereafter, George submitted to Hahn a written statement dated January 21, 1986, detailing her relationship with Eckhardt and Eckhardt's harassing course of conduct. George also turned over to Vincenti the letters that she had received from Eckhardt. 32 On January 20, 1986, Dean Vincenti personally directed Eckhardt to have no further contact with George. On January 27, 1986, George complained to Hahn that Eckhardt was continuing to harass her. Both the University and George were aware that Eckhardt had been undergoing mental health treatment over a long period of time. In that regard, both George and the school officials were concerned about the form Eckhardt's possible retaliation might take. On January 28, 1986, George was advised that the law school, through Richard D. Gibb, president of the University of Idaho, and Vincenti, had determined to execute an agreement containing a provision that Eckhardt would no longer harass George, and that in exchange George would be required to release all claims against the University and Eckhardt. On January 29, 1986, two agreements were executed: a resignation agreement between Eckhardt and the University, and a release agreement between Eckhardt, the University, and George. The first agreement executed was the resignation agreement. At some time prior to execution of the 2/16/25, 10:59 George v. University of Idaho, 121 Idaho 30 | Casetext Search + Citator 3/16 resignation agreement, Eckhardt had tendered to the University an offer to resign on certain conditions. When President Gibb signed the resignation agreement on January 29, 1989, he accepted each and every term Eckhardt had proposed. The terms and conditions of the resignation agreement are summarized as follows: (1) that Eckhardt be granted an eighteen month leave of absence with pay; (2) that during the paid leave of absence Eckhardt continue to receive full insurance and retirement benefits; (3) that Eckhardt vacate his office within a reasonable period of time; (4) that the University of Idaho, its President and Dean Vincenti use their best efforts to assist Eckhardt in securing other employment by accentuating the positive aspects of his performance at the law school; (5) that Eckhardt, George, and the law school execute a mutual release of claims in the form provided by Eckhardt's attorney; (6) that the resignation agreement be approved by all University officials whose approval was required to bind the University; and (7) that Eckhardt's resignation would not become effective until each and every condition of the resignation agreement was fully performed. In addition to the conditions enumerated above, the offer of resignation stated that it would automatically expire by 5:00 p.m. on January 29, 1986. The fact that, under the terms of the resignation agreement, Eckhardt's resignation did not become effective until every condition of the agreement had been fully performed, raises two salient points: (1) Eckhardt's resignation would not become effective until the University, Eckhardt, and George entered into a mutually binding release agreement which was formulated by Eckhardt's attorney, and (2) Eckhardt would remain an employee of the University until July of 1987, when the eighteen month paid leave of absence expired. Also on January 29, 1986, the University presented George with a release agreement, formulated by Eckhardt's attorney, for her signature. This agreement, however, contained no provision requiring Eckhardt to cease contact with George. George obtained the services of a lawyer, Allen Bowles, to assist her in having such a provision included in the agreement. Bowles phoned Eckhardt's attorney, Bill Thompson, to insist that a provision be included in the agreement to the effect that Eckhardt would no longer harass George. It was finally agreed that a mutual non-harassment clause would be included in the agreement. Bowles then called George to inform 2/16/25, 10:59 George v. University of Idaho, 121 Idaho 30 | Casetext Search + Citator 4/16 her that a non-harassment clause *33 was included in the agreement. That was the extent of Bowles' assistance to George. 33 The release agreement entered into by Eckhardt, the University, and George provides as follows: This agreement, made this 29th day of January, 1986, by and between Professor W. Lee Eckhardt (hereinafter referred to as Eckhardt); the University of Idaho by and through its authorized representative, President Richard D. Gibb (hereinafter referred to as UI); and Kathryn George (hereinafter referred to as George That for and in consideration of the mutual covenants and conditions contained herein, each of the parties, Eckhardt and George, does hereby for themselves and their legal representatives release and absolutely and forever discharge the others of and from all claims and demands, actions and causes of action, of every name and nature, so that none of the parties shall have any claim on the others, directly or indirectly, on any contract or supposed liability or thing or action undertaken, done or admitted to be done, from the beginning of the world to this day. In addition to the above-referenced mutual considerations of release, the parties further agree that Eckhardt and George shall immediately surrender to the the originals and all copies of all documents and evidence supposed or intended to support or establish any and all claims by each of the parties hereto on the others. In return, the shall immediately destroy all copies and seal all originals, securing the same under lock and key; and the shall not, under any circumstances, release said originals or make and/or release copies unless directed by Court order or otherwise required by law. Additionally, Eckhardt and the hereby agree that this release agreement is subject to each and every provision and condition of Eckhardt's letter of conditional resignation dated January 29, 1986. 2/16/25, 10:59 George v. University of Idaho, 121 Idaho 30 | Casetext Search + Citator 5/16 Further, in addition to the above-referenced mutual considerations of release, the parties further agree that Eckhardt and/or his agents shall refrain from having any intentional contact of any nature at his direction with George or her family, and that George and/or her agents shall refrain from having any intentional contact at her direction with Eckhardt or his family. Breach of this paragraph shall not in anyway affect the obligations of the hereunder to Eckhardt pursuant to the above-referenced conditional resignation. The parties acknowledge that by reason of agreeing to this release and compromise, they have admitted no liability of any sort, and have made no representation as to liability, and the parties understand that this release is made as a compromise to avoid expense and to terminate all controversy and/or claims by any of the parties against the other(s). In witness whereof, we have hereunto set our hands and executed this agreement in triplicate the day and year first above written. Pursuant to the resignation agreement, the University continued to make full payment with benefits to Eckhardt through July, 1987. George continued as a student at the law school until her graduation in May of 1988. After execution of the release agreement, Eckhardt engaged in a course of conduct to disparage George's character within the law school community. This conduct included writing letters to law school students and faculty, posting notes on the law school bulletin board, and writing letters to newspapers. George alleged that as a result of Eckhardt's conduct, she was subjected to the harassment, ridicule, and derision of various members of the law school's faculty and student body throughout her remaining two- and-one-half years at the school. Eckhardt also attempted to place George in disrepute in Idaho's legal community statewide. After George graduated from law school in the spring of 1988, Eckhardt mailed a letter to each registered member *34 of the Idaho State Bar advising them that George was neither competent nor morally fit to practice law. Eckhardt also sent a letter to the Idaho State Bar Association 34 2/16/25, 10:59 George v. University of Idaho, 121 Idaho 30 | Casetext Search + Citator 6/16 B. DEFINITION. opposing George's application to take the bar exam, contending that she was neither morally nor ethically competent. No facts in the record indicate that, at any time subsequent to the execution of the release agreement, the University took any action either to prevent Eckhardt's conduct or to counteract its harmful effects on George. It is also of significance to this case that the University of Idaho and its College of Law are duly recognized entities of the state, statutorily created pursuant to I.C. \u00a7 33-2801, et seq. As a state institution of higher education, the University has adopted various policies prohibiting the sexual harassment of its students. Following are pertinent excerpts from the University's Faculty-Staff Handbook A. POLICY. A-1. The university must maintain a learning and work environment for students and employees that is fair, humane, and responsible. Sexual discrimination, including sexual harassment, interferes with the educational process and with the productivity of the faculty and staff; thus, it is inimical to the university. A-2. [S]exual harassment violates federal and state laws and the policies of the Board of Regents of the University of Idaho. It is, therefore, the policy of the University of Idaho to condemn sexual harassment. B-1. Sexual harassment of a student is defined as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when: (a) submission to such conduct is made either explicitly or implicitly a term or condition of the student's grade, receipt of a grade, or status as a student; (b) the student's submission to or rejection of such conduct is used as a basis for a decision affecting that student; or (c) such conduct has the purpose or effect of substantially interfering with the student's 2/16/25, 10:59 George v. University of Idaho, 121 Idaho 30 | Casetext Search + Citator 7/16 COMPLAINTS. D-1. . . . . learning or learning performance, or creating an intimidating, hostile, or offensive learning environment. In addition, it includes behavior that overtly or covertly uses the power inherent in the status of a professor, teacher, or other officer to affect a student's educational experience or career opportunities by intimidating, threatening, or coercing the student to accept sexual advances or risk reprisal in terms of a grade, a recommendation, an opportunity for professional growth, or a job. [Sub-part sets forth the University's policies and procedures for reporting and investigating suspected cases of sexual harassment.] D-2. If the investigative authority determines that sexual harassment did occur will take immediate and appropriate corrective measures, including disciplinary action commensurate with the scope and severity of the occurrence. Such disciplinary action may include, but is not limited to, warning, reprimand, demotion, suspension, or dismissal with notation in the personnel file. In addition will make every effort to provide appropriate relief for the victim. . . . In addition to the policies and procedures set forth above, the University's Faculty-Staff Handbook includes a statement regarding the agreement entered into between the University and its students UI's acceptance of a student for admission and the student's enrollment in the university constitute an agreement of mutual responsibility. . . . UI's part is to carry out its commitment to higher education, to fulfill its responsibilities in pursuit of the academic goals and objectives *35 of all members of the university community, . . . . 35 2/16/25, 10:59 George v. University of Idaho, 121 Idaho 30 | Casetext Search + Citator 8/16 George commenced the current action against the University by filing a complaint on January 3, 1989. Her complaint alleged various causes of action sounding in tort and contract law. On March 22, 1990, the district court granted the University's motion for summary judgment on all claims. George appeals only the dismissal of her claims which were based on breach of contract. Standard of Review On appeal, George asks us to vacate the district court's order granting the University's motion for summary judgment. Whether to grant a motion for summary judgment is a question of law, which we review freely, applying the same standards that were incumbent on the district court. Following is a review of those standards. Summary judgment shall be granted to the moving party \"if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.\" I.R.C.P. 56(c); Bonz v. Sudweeks, 119 Idaho 539, 541, 808 P.2d 876, 878 (1991). In ruling upon a motion for summary judgment, all disputed facts are to be construed liberally in favor of the non-moving party, and all reasonable inferences that can be drawn from the record are to be drawn in favor of the non-moving party. Bonz, 119 Idaho at 541, 808 P.2d at 878. The burden of proving the absence of a genuine issue of material fact rests at all times upon the moving party Farms v. Funk Irrigation Co., 119 Idaho 514, 517, 808 P.2d 851, 854 (1991). However, to withstand a motion for summary judgment, the non- moving party's case must consist of more than speculation; it must create a genuine issue regarding a material fact Farms, 119 Idaho at 517, 808 P.2d at 854 mere scintilla of evidence is not enough to create a genuine issue. Id. Issues on Appeal Pursuant to the facts and standards of review articulated above, we are faced with two issues on appeal: (1) whether there is a genuine issue concerning the alleged breach of the terms of the January 29, 1986, release agreement among Eckhardt, the law school, and George, and (2) whether there is a 2/16/25, 10:59 George v. University of Idaho, 121 Idaho 30 | Casetext Search + Citator 9/16 genuine issue as to the alleged breach of an implied agreement by the University to take reasonable measures to maintain a harassment-free educational environment. We will discuss each of these issues in turn. Analysis Resolution of this case requires us to construe the written and implied contracts which George claims were breached by the University. Our object in construing a contract is to ascertain and give effect to the intent of the parties. Luzar v. Western Sur. Co., 107 Idaho 693, 697, 692 P.2d 337, 341 (1984); Rutter v. McLaughlin, 101 Idaho 292, 293, 612 P.2d 135, 136 (1980). To the extent that the terms of a contract are clear and unambiguous, their meaning and legal effect are questions of law to be determined by the court. Galaxy Outdoor Advertising, Inc. v. Idaho Transp. Dept., 109 Idaho 692, 710 P.2d 602 (1985). In construing unambiguous terms, we ascertain the parties' intent from the language contained in the contract. Suchan v. Suchan, 106 Idaho 654, 682 P.2d 607 (1984). However, to the extent that the contract is reasonably subject to conflicting interpretations, or contains absurdities or contradictions, the contract will be deemed ambiguous as a matter of law. DeLancey v. DeLancey, 110 Idaho 63, 714 P.2d 32 (1986); Roeder Min., Inc. v. Johnson, 794 P.2d 1152 (Ct.App. 1990); Hoffman v. United Silver Mines, Inc., 116 Idaho 240, 775 P.2d 132 (Ct.App. 1989). Whether terms of a contract are ambiguous is a question of law to be determined by the court, however, once ambiguity is determined, resolution of the ambiguity is a question of fact. Newman v. Associated Systems, Inc., 107 Idaho 922, 693 P.2d 1124 (Ct.App. 1985). In *36 determining the parties' intent under an ambiguous contract, the trier of fact may consider the objective and purpose of the agreement, as well as the conduct of the parties to the agreement. Bischoff v. Quong-Watkins Properties, 113 Idaho 826, 748 P.2d 410 (Ct.App. 1987). The fact finder must also construe the contract as a whole, rather than focusing on isolated provisions, Moss v. Mid-American Fire and Marine Ins. Co., 103 Idaho 298, 647 P.2d 754 (1982), so as to give effect to every part of the contract, if possible. Ace Realty, Inc. v. Anderson, 106 Idaho 742, 682 P.2d 1289 (Ct.App. 1984). In the present case, we note that the action was scheduled for trial before a jury, but the trial did not take place as a result of the summary judgment. 36 2/16/25, 10:59 George v. University of Idaho, 121 Idaho 30 | Casetext Search + Citator 10/16 1. The Release Agreement. In order to determine whether the University breached the release agreement, we must resolve two questions: whether the University assumed contractual obligations under the non-contact provision of the release agreement; and, if so, whether, as a matter of law, the University performed its obligations. George claims that the University breached the following provision in the release agreement: [I]n addition to the above-referenced mutual considerations of release, the parties further agree that Eckhardt and/or his agents shall refrain from having any intentional contact of any nature at his direction with George or her family, . . . . The essence of George's claim is that following the execution of this agreement, Eckhardt launched a campaign against George by way of written and oral communications to faculty and students at the law school, newspapers, the Idaho Bar Association, and every registered member of the Idaho State Bar. George claims that Eckhardt did this in an intentional effort to disparage and malign her character and reputation among her peers, instructors, and potential employers. George further claims that Eckhardt's conduct caused her to suffer embarrassment, distress, and disrepute during and after law school, and frustrated many of her efforts to achieve her educational and career objectives. Assuming, solely for the purpose of our review, that the facts presented by George are true, George has raised a genuine issue as to whether Eckhardt's conduct violated the term of the release agreement requiring him to \"refrain from having any intentional contact of any nature at his direction with George or her family.\" Having determined this, we must examine the nature of the law school's obligations under this term of the agreement. George has alleged that, while the University was aware of Eckhardt's post-release-agreement-conduct toward George, the University failed to take any action to prevent or counteract it. To this point, the University's sole response in defense has been that it had no obligation to George under the non-contact provision, arguing that such an obligation could not have been intended, inasmuch as 2/16/25, 10:59 George v. University of Idaho, 121 Idaho 30 | Casetext Search + Citator 11/16 there was nothing the University could do to ensure Eckhardt's compliance. We find the University's argument unpersuasive. We note, initially, that the express language of the contract is clear that the University is a party to the non-contact provision. The opening sentence of the contract identifies the contracting parties as Eckhardt, the University, and George. The non-contact provision expressly states that \"the parties\" agree to no contact of any kind between Eckhardt and George. There are several provisions in the contract setting forth duties which pertain to only one or two of the three parties to the contract, and in each of those provisions the contract expressly identifies which party or parties are to be bound by the provision. For example, one provision of the contract states, \"Additionally, Eckhardt and the hereby agree that this release agreement is subject to each and every provision and condition of Eckhardt's letter of conditional resignation dated January 29, 1986.\" If the parties intended that only Eckhardt and George were to be bound by the non-contact provision of the contract, they could have expressly stated so, just as they limited the above quoted provision to *37 Eckhardt and the University. To the contrary, the non-contact provision expressly states that \"the parties\" agree to no contact of any kind between Eckhardt and George. Thus, the non-contact provision clearly and unambiguously states that the University is party to the non-contact agreement. It is also worth noting that the contract uses mandatory language in referring to what the parties are agreeing to, or promising; that Eckhardt and George \"shall refrain\" from any kind of contact with each another. Accordingly, we hold that the contract clearly and unambiguously expresses the intent of the parties that the University assume contractual obligations to George under the above-quoted non- contact provision of the release agreement. 37 However, while the University agreed that there shall be no intentional contact of any kind between Eckhardt and George, the contract fails to indicate the scope and nature of the University's contractual obligation under that provision. We hold that the intent of the parties in this regard cannot be determined clearly from the language of the contract, and therefore the contract is ambiguous on this issue. Therefore, we conclude that the nature and scope of the University's obligation to George under the non-contact provision is a question of fact to be determined by the jury. 2/16/25, 10:59 George v. University of Idaho, 121 Idaho 30 | Casetext Search + Citator 12/16 We note, however, that while the University's obligations to George under the non-contact provision are a question of fact, at the least, the University had a duty to act in good faith and to employ reasonable measures to ensure performance of the non-contact provision. Our Supreme Court has held that, \"Good faith and fair dealing are implied obligations of every contract.\" Luzar, 107 Idaho at 696, 692 P.2d at 340. In the context of an employment contract, the Court has held that: [T]he covenant [of good faith and fair dealing] protects the parties' benefits in their employment contract or relationship, and . . . any action which violates, nullifies or significantly impairs any benefit or right which either party has in the employment contract, whether express or implied, is a violation of the covenant. . . . Metcalf v. Intermountain Gas Co., 116 Idaho 622, 627, 778 P.2d 744, 749 (1989). We believe this rule applies to the contract at issue in this case, and hold that any action by the University which violated, nullified, or significantly impaired George's benefits under the non-contact agreement violated the University's implied covenant of good faith under the contract. Under this rule, action by the University would include a failure to act where a duty to act was present. This implied covenant of good faith and fair dealing should not, however, be applied to impose any duty which is contrary to the agreement as executed by the parties. First Security Bank of Idaho v. Gaige, 115 Idaho 172, 176, 765 P.2d 683, 687 (1988). Pursuant to the above rules, we hold that the University had a duty to perform its obligation under the release provision in good faith. However, the covenant of good faith does not require the University to perform any action that would be contrary to the express terms of the release agreement. The scope of the University's obligation under the agreement, and whether the University breached its duty to perform that obligation in good faith, are questions to be determined by the jury. We do not accept the University's contention that, as a matter of law, there is no action the University could have taken consistent with the release agreement which would have assisted George in obtaining the benefits of the non-contact agreement. It is for the jury to determine whether George 2/16/25, 10:59 George v. University of Idaho, 121 Idaho 30 | Casetext Search + Citator 13/16 can show at trial some reasonable actions that the University might have taken, consistent with its own policies, either to prevent or counteract Eckhardt's harassing conduct. The University had a good faith obligation to take reasonable measures to ensure that George obtained the benefits of the non-contact provision of the release agreement, and a jury, based on the facts before us, could find that the University breached that obligation by failing to take *38 reasonable measures that George can prove were available to it. 38 2. The Implied University/Student Contract. Our Supreme Court has held that \"the principal relationship between a college and its students is contractual.\" Wickstrom v. North Idaho College, 111 Idaho 450, 452, 725 P.2d 155, 157 (1986). In Wickstrom, the Court further stated: Since a formal contract is rarely prepared, the general nature and terms of the agreement are usually implied, with specific terms to be found in the university bulletin and other publications; custom and usages can also become specific terms by implication. Wickstrom, 111 Idaho at 452, 725 P.2d at 157 (quoting Peretti v. State of Montana, 464 F. Supp. 784, 786 (D.Mont. 1979) (rev'd on other grounds, Montana v. Peretti, 661 F.2d 756 (9th Cir. 1981)). We hold, based on the excerpts of the University's Faculty-Staff Handbook quoted above, that the University had an implied contractual obligation \"to fulfill its responsibilities in pursuit of the academic goals and objectives of all members of the university community,\" including George. The University also had an implied contractual obligation to investigate suspected cases of sexual harassment, and, where sexual harassment was found, to \"take immediate and appropriate corrective measures, including disciplinary action commensurate with the scope and severity of the occurrence.\" In addition, the University had an implied duty to \"make every effort to provide appropriate relief for the victim.\" We note that the University's implied contractual obligation to George as a student was distinct from the University's obligations to George under the release agreement. The University's obligations under the implied University/student contract were limited in time to George's tenure as a 2/16/25, 10:59 George v. University of Idaho, 121 Idaho 30 | Casetext Search + Citator 14/16 student at the University, and in scope to reasonable, good faith efforts to provide an harassment-free educational environment. The University's obligation under the release agreement differed in both these respects, in that it was not expressly limited to George's tenure as a student, and, under the release agreement, the University promised that Eckhardt would have no intentional contact of any kind with George, harassing or otherwise. Eckhardt remained an employee, and George a student, of the University after execution of the release agreement. The January 29, 1986, release of all claims regarding Eckhardt's pre-release sexual harassment of George did not release the University from its duty to respond to Eckhardt's post-release sexual harassment against George, one of its students. We hold that George has presented facts upon which a jury could conclude that Eckhardt's post-release conduct was retaliation against George for past rejections of his sexual advances, and, thus, sexual harassment. Based on those findings, a jury could also find that the University breached its duty under the implied University/student contract to investigate Eckhardt's conduct, to take immediate and appropriate corrective measures, and to make every effort to provide appropriate relief for George. Because George has created a genuine issue as to whether the University breached its implied contractual duties owed to George as a student of the University, summary judgment on that claim was improper. Conclusion Based on the facts and reasoning set forth above, we hold that, as a matter of law, the University owed contractual obligations to George under the non- contact provision of the release agreement and under the provisions set forth in the University's Faculty-Staff Handbook. The University was bound to perform its obligations under those contracts in good faith. We further hold that the facts presented, when viewed in a light most favorable to George, raise genuine issues regarding: (1) the scope of the University's obligation under the release agreement, and (2) whether the University breached its obligations to George under either or both contracts. Therefore, we vacate the summary judgment with respect to George's contractual *39 claims and remand the action for further proceedings. 39 2/16/25, 10:59 George v. University of Idaho, 121 Idaho 30 | Casetext Search + Citator 15/16 WALTERS, C.J., and SWANSTROM, J., concur. 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. 2/16/25, 10:59 George v. University of Idaho, 121 Idaho 30 | Casetext Search + Citator 16/16"} |
7,340 | Peter Ray | Florida State University | [
"7340_101.pdf",
"7340_102.pdf"
] | {"7340_101.pdf": "professor's acts called 'absolutely disgraceful Published 2:30 a.m Nov. 3, 2002 -- Calling his conduct \"absolutely disgraceful,\" Florida State University's provost has ordered meteorology professor Peter Ray suspended without pay for 21 days for unauthorized use of university property and conduct unbecoming a university employee. But Ray has challenged the suspension, so the order is on hold until his grievance is settled. Ray, who was in charge of building the university's new hurricane hunter truck, also is being sued for sexual harassment by a former student. Provost Lawrence Abele's letter directed Ray to serve his suspension from Aug. 8 to 21 and Dec. 17 to 24. If the suspension is upheld, Ray's grievance is expected to delay it until next spring or summer. Similar grievances have taken a year or longer to complete, according to an attorney. Ray's nine-month salary is $90,414. If his pay is docked 21 days, it would cost him $9,737. Abele's decision to suspend Ray follows an investigation by FSU's Inspector General's Office that found the professor had not violated the school's sexual harassment policy in his dealings with a 19-year-old student from South Florida. But after that investigation, which determined that Ray had gone to Melissa Sanders' dorm for \"sexual gratification,\" Abele wrote that Ray's behavior was \"reprehensible\" and ordered him not to meet one on one with female students or faculty unless he was in plain view on campus. Ray was also removed as chairman of the school's meteorology department. 2/16/25, 10:59 professor's acts called 'absolutely disgraceful' 1/3 The tenured professor's suspension stems from the Sanders investigation and a subsequent grievance decision that disclosed \"disturbing acts of misconduct directly related to your relationship with Ms. Melissa Sanders,\" according to the provost's letter. Sanders is the former student who has filed the sexual harassment charge. The letter was issued March 15 but was made public only last week after repeated media requests. In it, Abele warned Ray that any further misconduct or disobedience to supervisors would result in dismissal. According to the letter, Ray loaned Sanders a university laptop for her personal use. It says that in order to further his relationship with Sanders, he also was \"untruthful\" with another instructor to get an excused absence for Sanders. \"In summary, your conduct is absolutely disgraceful; as well as embarrassing to both you and the university you serve,\" wrote Abele. His attorney, Thomas Brooks of Tallahassee, said Tuesday that Ray loaned Sanders the laptop for her studies and that Ray wrote a colleague an e-mail regarding Sanders because he had inadvertently caused Sanders to miss the class when he was tutoring her. \"He did not do the misconduct alleged in the (letter),\" Brooks said. \"He did lend her the laptop, and he did write the e-mail, but for legitimate reasons.\" Ray has been accused of sexual harassment five times by five women since 1996. He has never been found to have violated the school's sexual harassment policy. Information regarding Ray's grievance of the suspension is confidential until the process is finished. But Leonard Helfand, associate general counsel for FSU, said a sworn statement was taken from Sanders in June to support the school's position in the grievance. Sanders' sexual harassment lawsuit names Ray; Ray's wife, Marianne; and in U.S. District Court in Tallahassee. In the suspension letter, Abele said Ray defied his department head's instructions twice and said it was part of a pattern of misconduct. 2/16/25, 10:59 professor's acts called 'absolutely disgraceful' 2/3 Ray \"willfully and wrongfully disregarded state-owned property laws and university policies in order to further your imprudent relationship with her at that time,\" Abele wrote about the unauthorized laptop loan. \"One e-mail exchange between you and Ms. Sanders shows that even she questioned your offer to obtain an excuse for her, because she recognized the possible jeopardy to your career. Nevertheless, you wantonly, deliberately, and in total disregard for the possible consequences, placed your personal relationship with Ms. Sanders above your duties and obligations to the university that you serve. \"Your prevarication is a serious breach of integrity and trust, and provides a terrible example to younger faculty members and students.\" 2/16/25, 10:59 professor's acts called 'absolutely disgraceful' 3/3", "7340_102.pdf": "Professor Files Grievance Against Florida State The Ledger Published 1:33 a.m Oct. 8, 2002 As a sexual harassment lawsuit was filed Monday against meteorology professor Peter Ray, his wife and by former student Melissa Sanders, Ray appears to be in another battle with FSU. Ray has filed a grievance against the school regarding a \"personnel action,\" said Leonard Helfand, associate general counsel for Florida State University. No further information on the action was available because it is kept confidential until the grievance is processed. Grievances are accusations that the school's collective bargaining agreement with professors have been violated. The main issues they involve are layoffs, lack of promotion, being declined tenure, procedural problems with evaluations or disciplinary actions, Helfand said. After FSU's Inspector General's Office investigated accusations Ray sexually harassed Sanders, the school's provost wrote a letter Aug. 9, 2001, calling Ray's behavior \"reprehensible.\" But found Ray had not violated the school's sexual harassment policy. Provost Lawrence Abele did admonish Ray for his actions and instructed him to not meet one-on-one with female students or staff unless in plain view on campus. Abele's letter prompted Ray to file a grievance and an appeal, which resulted in decisions that favored the university, according to Helfand. Ray and the United Faculty of Florida, the professors' union, also filed a notice of arbitration, but the withdrew the case from arbitration. During the grievance process, university officials continued to discuss things uncovered in the Sanders' investigation. 2/16/25, 10:59 Professor Files Grievance Against Florida State 1/3 And they put in writing concerns Ray could face future complaints; that he used his position to assist Sanders in obtaining an excused absence for a required class; that he provided an laptop computer belonging to the Department of Meteorology to Sanders, who was not a meteorology student or an employee of that department; and that he consciously violated instructions to have no contact with Sanders. On Oct. 5, 2001, Helfand wrote to Neil Betten, director of collective bargaining contract administration, \"The fact that Dr. Ray has had a number or previous complaints shows that although he was not violating policy he conducts himself in a manner that prompts complaints.\" Helfand's memo went on to mention Ray sending Sanders more than 400 e-mails, which utilized university time and equipment. It also said that when Sanders moved into Gilchrist Hall, \"Dr. Ray visited her at the dorm often and they would have sexual relations whenever he visited. Note that a dormitory is a place where young students who are still of minority age would be likely to reside or visit.\" Within the memo was a reference to statements made by Katie Tanner, assistant director of the Victim Advocate Program, that Helfand said confirmed numerous additional contacts between Ray and Sanders in October, November and December 2000. Tanner documented Nov. 5, 2000, that Sanders stated Ray came to her house early that morning. She asked him to leave, according to Tanner's letter. \"Melissa moved into the safe apartment due to these continual `visits' by Dr. Ray,\" Tanner wrote. Tanner is no longer with FSU. She is now a victim advocate for the Alachua County Sheriff's Office. Tanner said recently in an interview with The Ledger that Sanders went to the \"safe\" house because Ray was continually stopping by her home and \"she was afraid to be there by herself.\" Tanner said she doesn't think Ray should be teaching young women. \"No don't,\" she said. \"He's been told in the past not to do what he did, and he did it anyway. He was told by the Inspector General's Office (to have) no more contact with Melissa, and he continued to do it. 2/16/25, 10:59 Professor Files Grievance Against Florida State 2/3 \"In my opinion, he hasn't been reprimanded properly for it. In my opinion, he feels he hasn't done anything wrong.\" On Dec. 19, 2001, Betten gave his recommendations regarding Ray's grievance and the restrictions placed on Ray. \"Although the University never considered disciplinary action, in the instances discussed above, the Provost may wish to rethink his approach,\" Betten wrote. He referred to articles in the collective bargaining agreement, which call for faculty to \"respect students, staff, and colleagues as individuals; treat them in a collegial manner; and avoid any exploitation of such persons for private advantage.\" Betten wrote that \"an investigation into misconduct could be apropos.\" He also wrote, \"Moreover, when one considers the grievant's noncompliance with the University directive to end all contact with Ms. Sanders, which had been investigated by the Inspector General's Office, the issue of misconduct becomes even more salient.\" 2/16/25, 10:59 Professor Files Grievance Against Florida State 3/3"} |
7,776 | Randall Gordon | University of Minnesota – Duluth | [
"7776_101.pdf",
"7776_102.pdf",
"7776_103.pdf"
] | {"7776_101.pdf": "This opinion will be unpublished and may not be cited except as provided by Minn. Stat. \u00a7 480A.08, subd. 3 (1998 C4-98-2255 Anne Yochum, et al., Appellants, vs. University of Minnesota, Duluth, Respondent, Professor Randall Gordon, Respondent. Filed June 15, 1999 Affirmed Anderson, Judge St. Louis County District Court File No. C5-98-600282 Louis A. Stockman, Peterson, Sage & Graves, P.A., 1505 Alworth Building, Duluth 55802 (for appellants) Joseph J. Roby, Jr., Johnson, Killen, Thibodeau & Seiler, P.A., 811 Norwest Center, 230 West Superior Street, Duluth 55802 (for respondent University of Minnesota, Duluth Branch) Barbara A. Burke, Andrea E. Reisbord, Cousineau, McGuire & Anderson, Chartered, 600 Travelers Express Tower, 1550 Utica Avenue South, Minneapolis 55416 (for respondent Professor Randall Gordon) Considered and decided by Randall, Presiding Judge, Davies, Judge, and Anderson, Judge ANDERSON, Judge Anne Yochum and Jennifer Elijah, students at the University of Minnesota, Duluth, brought an action against Professor Randall Gordon and the university alleging sexual harassment. The district court awarded summary judgment to Gordon and the university. Yochum and Elijah now appeal that judgment. Because there are no genuine issues of material fact and respondents are entitled to judgment as a matter of law, we affirm 2/16/25, 11:00 Anne Yochum, et al., Appellants, vs. University of Minnesota, Duluth, Respondent, Professor Randall Gordon, Respondent. C4-98-\u2026 1/4 Respondent Gordon is a psychology professor at the University of Minnesota, Duluth Branch. Appellant Elijah enrolled in his class in fall 1996. While delivering research material to Elijah, Gordon gave her a letter soliciting a personal relationship. Previously, he had mumbled something to her, which she later believed was a request to meet her after class. Elijah became very upset and left Gordon a message indicating she was not interested. Subsequently, Gordon called her several times, gave her a birthday card, sent her an article and letter in which he tried to persuade her to date him, and encountered her on several occasions. She skipped class on one occasion. Elijah called him in November, again informing him that she was not interested. Elijah received a grade of or A- in her class, which she felt was fair. Prior to winter quarter, Elijah mentioned to her advisor that a professor was \"coming on\" to her; he directed her elsewhere for assistance, if necessary. Appellant Yochum enrolled in a class Gordon taught during the fall and winter quarters of the 1996-97 school year. On February 17, 1997, he met with her to discuss her research assignment. He handed her a letter very similar to the one he had given Elijah, and Yochum became upset. The next day he put his hand on her back and shoulder. She called him that day to indicate she was not interested. After confiding in another professor, who successfully urged her to report the incident, an investigation was conducted by Debra Peterson-Perlman from the university's Office of Equal Opportunity (OEO). The university's investigation was prompt and resulted in a warning, issued three days after Yochum met with Peterson-Perlman, to Gordon to have no further contact with Yochum. Gordon gave Yochum a grade of or B+ for the class, which she felt may have been higher than she deserved. In the spring of 1997, Elijah enrolled in a class that met on the same floor as Gordon's office. She encountered him six times in meetings that she believed he orchestrated. Elijah, who continued to find these contacts upsetting, attended peer counseling. She was also referred to Debra Peterson-Perlman who met with her on April 23, 1997, conducted an investigation, and, on April 25, 1997, advised Gordon that he could have no further contact with Elijah. On May 6, Peterson-Perlman again met with Gordon, repeating that he should have no further contact with either Yochum or Elijah, and warning him that no retaliation would be tolerated. After a disciplinary hearing on June 2, Gordon was suspended without pay or benefits for fall quarter 1997. This lawsuit followed When reviewing an appeal from a summary judgment, an appellate court must determine whether any genuine issues of material fact exist and whether the district court erred in its interpretation of law. State by Cooper v. French, 460 N.W.2d 2, 4 (Minn. 1990). On appeal, the court must view the evidence in the light most favorable to the party against whom the judgment was granted. Grondahl v. Bulluck, 318 N.W.2d 240, 242 (Minn. 1982). I. Appellants brought sexual harassment claims against respondent Gordon and the university. The Minnesota Human Rights Act (MHRA) prohibits discrimination \"in the full utilization of or benefit from any educational institution, or the services rendered thereby to any person because of * * * sex.\" Minn. Stat. \u00a7 363.03, subd. 5(1) (1998). Discrimination based on sex explicitly includes sexual harassment. Minn. Stat. \u00a7 363.01, subd. 14 (1998); see id., subd. 41 (defining sexual harassment). Minnesota has adopted the three-part McDonnell Douglas test for addressing sexual harassment claims, consisting of a prima facie case, an answer, and a rebuttal. Klink v. Ramsey County by Zacharias, 397 N.W.2d 894, 900 (Minn. App. 1986) (citing McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-04, 93 S. Ct. 1817, 1824-25 (1973)), review denied (Minn. Feb. 13, 1987). First, appellants must show they were subject to unwelcome sexual harassment in the form of \"sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature.\" Minn. Stat. \u00a7 363.01, subd. 41; see Cummings v. Koehnen, 568 N.W.2d 418, 424 (Minn. 1997) (addressing workplace sexual harassment). Applying this test, appellants have established, at least, a genuine issue of material fact as to the first of these elements. 2/16/25, 11:00 Anne Yochum, et al., Appellants, vs. University of Minnesota, Duluth, Respondent, Professor Randall Gordon, Respondent. C4-98-\u2026 2/4 The determinative question, however, is whether there is a genuine issue of material fact as to the second element of a prima facie case, which requires that the harassment be severe, persistent, or pervasive and substantially interferes with the education of appellants or creates an intimidating, hostile, or offensive educational environment. Minn. Stat. \u00a7 363.01, subd. 41; Cummings, 568 N.W.2d at 424; see In re Discipline of Peters, 428 N.W.2d 375, 381 (Minn. 1988) (recognizing pervasive problem of sexual harassment in academic setting). In considering this issue, courts are to examine the language and conduct by considering the \"nature, frequency, intensity, location, context, duration, and object or target.\" Klink, 397 N.W.2d at 901. In Peters, an attorney discipline action against the dean of a law school, the unwelcome sexual conduct included instances of the dean caressing the women's hair, putting his hands around and squeezing their waists or rib cages, putting his arm around their shoulders, pulling women towards his body, and making suggestive comments. 428 N.W.2d at 376-78. Likewise, in federal cases involving educational institutions, actions which were sufficient to constitute pervasive sexual harassment generally included explicit sexual comments or physical contact. See Chontos v. Rhea, 29 F. Supp.2d 931, 935-36 (N.D. Ind. 1998) (describing sexual harassment by professor in which he forcibly kissed and fondled student and had engaged in a number of similar unwelcome sexual advances in past); Douglas v. Dabney S. Lancaster Community College, 990 F. Supp. 447, 461-62 (W.D. Va. 1997) (holding evidence sufficient to defeat summary judgment where defendant made repeated sexual comments, propositioned plaintiff, and threatened plaintiff's career). In this case, Gordon's conduct and contact, while inappropriate (and recognized as such by the university when it suspended Gordon for an academic quarter without pay or benefits), did not rise anywhere near the level of Peters, Douglas, or Chontos. Gordon's conduct did not constitute actionable sexual harassment as a matter of law. II. An employer, in this case the university, is liable for sexual harassment if it \"knows or should have known of the existence of the harassment and fails to take timely and appropriate action.\" Minn. Stat. \u00a7 363.01, subd. 41(3). The university in this case responded in textbook fashion. In each case, where the allegation named Gordon as the specific responsible party, the university conducted an investigation and, within three days of the report, warned him to have no further contact with the student. Shortly thereafter, a representative of the university again met with Gordon warning him that no retaliation would be tolerated. Swift disciplinary action followed resulting in a forfeiture of pay and benefits for the following fall quarter.[1] Appellants claim that the university had received notice before appellants contacted the office and, had it acted in response to the earlier notices, the harassment would not have continued as long as it did. They assert that Elijah's complaint to her advisor before the 1996 winter quarter that a professor was \"coming on\" to her constituted sufficient notice to the university. See McNabb v. Cub Foods, 352 N.W.2d 378, 383 (Minn. 1984) (imputing manager's knowledge of harassment to employer). Elijah did not identify the professor, and she did not act on a suggestion that the complaint be referred to the appropriate agency. Additionally, appellants cite a report by another student that Gordon had inappropriately hugged her, contending this constituted notice to the university. See id. Appellants provide an unsworn transcription by a lawyer of an interview with this student party opposing summary judgment must set forth facts that are admissible in evidence, and hearsay evidence is not admissible at trial and may not be considered in deciding a summary judgment motion. Murphy v. Country House, Inc., 307 Minn. 344, 349, 240 N.W.2d 507, 511 (1976).[2] While it is not necessary to reach the issue of the university's responsibility in light of our finding that there was no actionable sexual harassment as a matter of law, we nonetheless conclude that there is no genuine issue of material fact as to UMD's responsibility and affirm the district court in all respects. Affirmed. [1] Appellants also contend that the significant punishment imposed by the university is insufficient because he was later promoted to full professor. The duty of the employer is to stop the harassment by taking timely and appropriate action. Minn. Stat. \u00a7 363.01, subd. 41(3); Continental Can Co. v. State, 297 N.W.2d 241, 249 2/16/25, 11:00 Anne Yochum, et al., Appellants, vs. University of Minnesota, Duluth, Respondent, Professor Randall Gordon, Respondent. C4-98-\u2026 3/4 (Minn. 1980). The university told Gordon to have no further contact with appellants and he complied. He forfeited pay and benefits, as required by the results of a disciplinary hearing. Appellants have not cited any law or authority recognizing the university as liable for harassment under these circumstances. [2] Nor is this the only problem with relying on this incident as notice. The unsworn interview transcription also lacked foundation for admissibility and is excludable for that reason. See Hopkins v. Empire Fire & Marine Ins. Co., 474 N.W.2d 209, 212 (Minn. App. 1991) (holding letter lacked foundation necessary for admissibility and should not be considered in summary judgment). 2/16/25, 11:00 Anne Yochum, et al., Appellants, vs. University of Minnesota, Duluth, Respondent, Professor Randall Gordon, Respondent. C4-98-\u2026 4/4", "7776_102.pdf": "Home University of Minnesota, Duluth Department of Psychology Randall A. Gordon Randall A. Gordon University of Minnesota, Duluth \u00b7 Department of Psychology PhD in Social Psychology e ogy Social Psychology Prejudice Stereotypes Discrimination Impression Management 989 - present innesota, Duluth Psychology \u00b7 Duluth, United States 984 - July 1989 na University Psychology \u00b7 Cullowhee, United States stant) Contact Contact Recruit researchers Join for free Login About Publications 39 Network Connect with experts in your field Join ResearchGate to contact this researcher and connect with your scientific community. Join for free Log in Connect with exp Join ResearchGat researcher and co scientific commun Join for free 2/16/25, 11:00 Randall | Professor Emeritus | PhD in Social Psychology | University of Minnesota, Duluth, Duluth | Department \u2026 1/11 Extra Credit: Perceptions, Participant Attributes, and Motivators vailable \u00b7 Randall A. Gordon ent and Academic Performance Comparison of Measures vailable n \u00b7 Kalley Mankowski \u00b7 Zack Plaster uct validity of three academic entitlement measures. lement, Socioeconomic Status, and Equity: When You Deserve Better Treatment Full-text available n or Emeritus n \u00b7 Robert Scherer \u00b7 Jon Grahe \u00b7 Arthur Stukas als: The Journal of Social Psychology vailable n \u00b7 Jon Grahe \u00b7 Robert F. Scherer \u00b7 Arthur Stukas ent, Self Control, and Academic Performance Full-text available n on in the workplace meta-analytic examination of the relationship between weight utcomes 2/16/25, 11:00 Randall | Professor Emeritus | PhD in Social Psychology | University of Minnesota, Duluth, Duluth | Department \u2026 2/11 \u00b7 Randall A. Gordon a meta-analytic review of correlational research examining the relationship between job weight and work-related outcomes. Given the differences between correlational and h, our findings show an understandably weaker relationship between weight and work- n has been found... nd athletic performance: Strategic optimism and defensive pessimism vailable n es examined the relationship between explanatory style measured with the Attributional ASQ), Peterson, Semmel, von Baeyer, Abramson, Metalsky, and Seligman (1982. The estionnaire. Cognitive Therapy and Research, 6, 287\u2013299) and athletic Correlational designs were used t... ent ability, expected grade and cognitive motivation on students\u2019 evaluations of arah A. Jung \u00b7 Randall A. Gordon ctation Measures as Predictors of Academic Performance1 n y of intention and expectation measures was examined by comparing subjects' intentions heir academic performance with their actual class performance total of 166 subjects ned to respond to an intention or expectation version of a questionnaire. The instrument or e... ttitudes toward Lesbians and Gay Men Half-Decade Follow-Up and the pirituality Smith \u00b7 Randall A. Gordon se of the study was to assess changes in college students' attitudes towards lesbians and year span secondary purpose of the study was to build a foundation for assessing the 2/16/25, 11:00 Randall | Professor Emeritus | PhD in Social Psychology | University of Minnesota, Duluth, Duluth | Department \u2026 3/11 spirituality and observed attitudes. Previous studies have only used religiosity, which is ... ory and Field Settings Meta\u2010Analytic Investigation1 vailable n \u00b7 Richard D. Arvey w of age-discrimination research from laboratory and field settings revealed a significant, fect size with younger applicants and workers evaluated more positively than older rs. The present predictions and findings were compared with those from previous meta- s by K... ity in the Areas of Child Abuse and Domestic Violence n y in the areas of child abuse and domestic violence was reviewed for the years 1990-1996 published in Child Abuse and Neglect, the Journal of Family Violence, and the Journal of e. To examine productivity across institutions, quantification of productivity was based on Structure and Attitudes Toward Homosexuality \u00b7 Randall A. Gordon e of U.S. students to cognitively structure reality as measured by the Personal Need for e was examined as a predictor of attitudes toward homosexuality measured by the bians and Gay Men (ATLG) Scale. Significant relationships between the two constructs fferences on the... Distinctiveness-Based Illusory Correlation: The Impact of Circadian Variations and Structure n tanding of illusory correlations, relationships between circadian variations (morningness- nal need for structure, and the development of illusory correlations were examined. ctions, U.S. university students who participated at nonoptimal times (morning types at during... 2/16/25, 11:00 Randall | Professor Emeritus | PhD in Social Psychology | University of Minnesota, Duluth, Duluth | Department \u2026 4/11 ceptions of Criminal Behavior: The Accuracy of Race\u2010Related Crime Stereotypes1 n \u00b7 Jennifer Michels \u00b7 Caroline L. Nelson ptions regarding the relative frequency of crimes committed by various races and ethnic ed. White-collar crimes such as embezzlement and fraud were ranked as more common nd blue-collar crimes such as aggravated assault and motor vehicle theft were ranked as ack criminals.... on on Judgments and Evaluations Meta-Analytic Investigation vailable n as conducted to examine empirical research on the relationship between various d the judgments and evaluations of targets and observers. The data revealed a small ratiation on performance evaluations and a significantly stronger positive effect for ents of interpe... e-Stereotypic and Race-Nonstereotypic Crimes: The Impact of Response-Time ibutions and Judgments vailable n \u00b7 Kris S. Anderson ng subjects to respond slowly or quickly to items that measured perceptions of defendants g a race-stereotypic or a race-nonstereotypic crime was examined. Consistent with s related research, subjects judged defendants accused of race-stereotypic crimes more ndants... ved Resource Availability on the Revision of Written Assignments n scarcity on compliance was conducted in an American classroom setting. The purpose of to examine whether perceived scarcity would affect student compliance in completing before the due date in order to receive feedback on the papers. The scarcity manipulation f... ity in Accredited Programs 2/16/25, 11:00 Randall | Professor Emeritus | PhD in Social Psychology | University of Minnesota, Duluth, Duluth | Department \u2026 5/11 n \u00b7 Bud A. McClure \u00b7 Evelyn Petrowski \u00b7 Liza L. Willroth earch and the subsequent development of research skills in counselor education training of considerable debate. To assess the status of research in graduate programs, research ewed among 78 Council for Accreditation of Counseling and Related Educational ) offering master'... g Versus Weak Evidence on the Assessment of Race Stereotypic and Race mes1 n ant race, type of crime, and strength of evidence on the perception and evaluation of e examined. Consistent with past research, defendants accused of race stereotypic ely to be perceived as guilty and as more typical offenders than were defendants accused c crimes.... mity and Increased Accountability on the Linguistic Complexity of Teaching n \u00b7 Uwe Stuecher tudents volunteered to participate in a study that assessed the evaluations of their asked to complete 1 open-ended and 2 closed-ended questionnaires evaluating their professor. Anonymity and accountability were manipulated in the questionnaire instructions. ous studies... change in the legal drinking age: Reactance versus compliance. n \u00b7 Scott W. Minor of an increase in the legal drinking age on attitudes toward alcohol consumption and self- avior in a population affected by the changes. Two experiments were conducted with 464 ults suggest that the effects of such laws may be the opposite of those intended. Although .. Psychology Comparison of Textbook Citation, Social Sciences Citation Index, uctivity Rankings n \u00b7 Pamela J. Vicari n social psychology was examined through a textbook citation analysis conducted on 990) social psychology textbooks. These data were subsequently compared with data sessment of individual research productivity in psychology for the decade of the 1980s s listed in the... s of Responses to Intention and Expectation Questions Comparison between and Behavioral Goals 2/16/25, 11:00 Randall | Professor Emeritus | PhD in Social Psychology | University of Minnesota, Duluth, Duluth | Department \u2026 6/11 n as conducted among American undergraduates to examine the informational bases of n and expectation (self-prediction) questions for primarily volitional behavior (e.g., writing a oral goals (e.g., weight loss). The results replicated previous findings that revealed .. s of Behavioral Intentions and Behavioral Expectations or Self-Predictions n randomly assigned to respond to a list of intention or expectation (self-prediction) he performance of social, academic, and health-related behaviors. After responding to ects were asked to describe the information they drew on when responding to the content analy... Mood State on the Self-Serving Bias n \u00b7 Patsy W. Holley \u00b7 Cynthia L. Shaffer e\u2010Collar and White\u2010Collar Crime: The Effects of Subject and Defendant Race on cisions1 n uate and graduate students participated in a study that examined the effects of subject on attributions made for a blue-collar (burglary) and a white-collar (embezzlement) crime. It tributions for race stereotypic defendants (e.g., a white embezzler) would be internal ity in Master's-Level Psychology Programs vailable n ductivity at advanced-degree-granting institutions offering the master's degree in applied, experimental, general, industrial/organizational, or school psychology for the years 1980\u2013 ssments were made on the basis of all publications listed in the Social Sciences Citation ement and the \"Kernel of Truth\" Hypothesis n 2/16/25, 11:00 Randall | Professor Emeritus | PhD in Social Psychology | University of Minnesota, Duluth, Duluth | Department \u2026 7/11 ereotype measurement suitable for medium to large classes is described. The ates McCauley and Stitt's (1978) diagnostic ratio measure and examines the validity of the thesis. The exercise provides a starting point for a discussion of stereotypes and their esults of th... ity in Social Psychology n \u00b7 Connie J. Smith y in social psychology was reviewed for the JO-year period 1978-1987. The study acy of basing productivity ratings on a single criterion by examining research productivity in social psychology. Composite productivity scores were compared with a single index s in the Jou... ant Age, Job Level, and Accountability on Perceptions of Female Job Applicants n \u00b7 Richard M. Rozelle \u00b7 James C. Baxter ideotaped employment interviews to assess the effect of accountability on impressions of . One hundred and twenty American undergraduates majoring in business and personnel formed that they would be participating in the pilot testing of a new employee placement f the j... evel and Amount of Information on the Evaluation of Male and Female Job n elated information regarding an applicant's leadership ability reduced bias against female or a managerial position. -Collar and White-Collar Crime: The Effect of Defendant Race on Simulated Juror vailable n \u00b7 Thomas A. Bindrim \u00b7 Michael L. McNicholas \u00b7 Teresa L. Walden articipated in a study of the effect of defendant race and type of crime on simulated juror mbers of Black and White students were randomly assigned to receive 1 of 4 crime ed in terms of defendant race and the type of crime (burglary or embezzlement) subsequently asked... g versus weak evidence on the assessment of race stereotypic and race nonstereot n 2/16/25, 11:00 Randall | Professor Emeritus | PhD in Social Psychology | University of Minnesota, Duluth, Duluth | Department \u2026 8/11 ant age, job level, and accountability on the evaluation of job applicants n \u00b7 Richard Rozelle \u00b7 James Baxter d employment interviews were utilized in assessing the effect of accountability on the icants. One hundred-twenty undergraduates majoring in business and personnel related that they would be participating in the pilot-testing of a new employee placement f the job appli... nest, Evasive, and Deceptive Nonverbal Behavior n \u00b7 James C. Baxter \u00b7 Richard M. Rozelle \u00b7 Daniel Druckman Bias Demonstration and Technique for Its Reduction n ocial desirability bias in survey research suitable for moderate to large class sizes is od used to reduce subjects' response bias involved a manipulation of instructions on a andard instruction format requested subjects to respond to three questions on dental d not to s... al ages of workers n \u00b7 Richard D. Arvey ating the perceived average age of people employed in various occupations was respondents. The results suggest that certain occupations are perceived as occupied by iduals and others by older workers. Subjects' perceptions of the average age of people occupations wer... 2/16/25, 11:00 Randall | Professor Emeritus | PhD in Social Psychology | University of Minnesota, Duluth, Duluth | Department \u2026 9/11 View All View All Current institution University of Minnesota, Duluth Department of Psychology \u00b7 Dul\u2026 Current position Professor Emeritus Johnson ty of Connecticut Thornton raser University th Loftus ty of California, Irvine Neuberg State University Hitt University kelstein n Illinois University Kemmelmeier ty of Nevada, Reno y Hui versity of Hong Kong A. Posthuma versity of Texas at El Paso Maeder University 2/16/25, 11:00 Randall | Professor Emeritus | PhD in Social Psychology | University of Minnesota, Duluth, Duluth | Department \u2026 10/11 Co-authors Top co-authors All co-authors (32) View All Jennifer Michels Marshfield Clinic Arthur Stukas La Trobe University Richard D. Arvey National University of Singapore Kalley Mankowski Vanderbilt University Fay Maas University of Minnesota, Duluth Company About us News Careers Support Help Center Business solutions Advertising Recruiting \u00a9 2008-2025 ResearchGate GmbH. All rights reserved. Terms \u00b7 Privacy \u00b7 Copyright \u00b7 Imprint \u00b7 Consent preferences 2/16/25, 11:00 Randall | Professor Emeritus | PhD in Social Psychology | University of Minnesota, Duluth, Duluth | Department \u2026 11/11", "7776_103.pdf": "From Casetext: Smarter Legal Research Yochum v. Univ. of Minnesota Minnesota Court of Appeals Jun 15, 1999 No. C4-98-2255 (Minn. Ct. App. Jun. 15, 1999) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free No. C4-98-2255. Filed June 15, 1999. Appeal from the District Court, St. Louis County, File No. C5-98-600282. Louis A. Stockman, (for appellants) Joseph J. Roby, Jr., (for respondent University of Minnesota, Duluth Branch) Barbara A. Burke, Andrea E. Reisbord, (for respondent Professor Randall Gordon) Sign In Search all cases and statutes... Opinion Case details 2/16/25, 11:00 Yochum v. Univ. of Minnesota, No. C4-98-2255 | Casetext Search + Citator 1/7 ANDERSON, Judge Considered and decided by Randall, Presiding Judge, Davies, Judge, and Anderson, Judge. This opinion will be unpublished and may not be cited except as provided by Minn. Stat. \u00a7 480A.08, subd. 3 (1998 Anne Yochum and Jennifer Elijah, students at the University of Minnesota, Duluth, brought an action against Professor Randall Gordon and the university alleging sexual harassment. The district court awarded summary judgment to Gordon and the university. Yochum and Elijah now appeal that judgment. Because there are no genuine issues of material fact and respondents are entitled to judgment as a matter of law, we affirm Respondent Gordon is a psychology professor at the University of Minnesota, Duluth Branch. Appellant Elijah enrolled in his class in fall 1996. While delivering research material to Elijah, Gordon gave her a letter soliciting a personal relationship. Previously, he had mumbled something to her, which she later believed was a request to meet her after class. Elijah became very upset and left Gordon a message indicating she was not interested. Subsequently, Gordon called her several times, gave her a birthday card, sent her an article and letter in which he tried to persuade her to date him, and encountered her on several occasions. She skipped class on one occasion. Elijah called him in November, again informing him that she was not interested. Elijah received a grade of or A-in her class, which she felt was fair. Prior to winter quarter, Elijah mentioned to her advisor that a professor was \"coming on\" to her; he directed her elsewhere for assistance, if necessary. 2/16/25, 11:00 Yochum v. Univ. of Minnesota, No. C4-98-2255 | Casetext Search + Citator 2/7 Appellant Yochum enrolled in a class Gordon taught during the fall and winter quarters of the 1996-97 school year. On February 17, 1997, he met with her to discuss her research assignment. He handed her a letter very similar to the one he had given Elijah, and Yochum became upset. The next day he put his hand on her back and shoulder. She called him that day to indicate she was not interested. After confiding in another professor, who successfully urged her to report the incident, an investigation was conducted by Debra Peterson-Perlman from the university's Office of Equal Opportunity (OEO). The university's investigation was prompt and resulted in a warning, issued three days after Yochum met with Peterson-Perlman, to Gordon to have no further contact with Yochum. Gordon gave Yochum a grade of or B+ for the class, which she felt may have been higher than she deserved. In the spring of 1997, Elijah enrolled in a class that met on the same floor as Gordon's office. She encountered him six times in meetings that she believed he orchestrated. Elijah, who continued to find these contacts upsetting, attended peer counseling. She was also referred to Debra Peterson-Perlman who met with her on April 23, 1997, conducted an investigation, and, on April 25, 1997, advised Gordon that he could have no further contact with Elijah. On May 6, Peterson-Perlman again met with Gordon, repeating that he should have no further contact with either Yochum or Elijah, and warning him that no retaliation would be tolerated. After a disciplinary hearing on June 2, Gordon was suspended without pay or benefits for fall quarter 1997. This lawsuit followed When reviewing an appeal from a summary judgment, an appellate court must determine whether any genuine issues of material fact exist and whether the district court erred in its interpretation of law. State by Cooper v. French , 460 N.W.2d 2, 4 (Minn. 1990). On appeal, the court must view the evidence in the light most favorable to the party against whom the judgment was granted. Grondahl v. Bulluck , 318 N.W.2d 240, 242 (Minn. 1982). I. 2/16/25, 11:00 Yochum v. Univ. of Minnesota, No. C4-98-2255 | Casetext Search + Citator 3/7 Appellants brought sexual harassment claims against respondent Gordon and the university. The Minnesota Human Rights Act (MHRA) prohibits discrimination \"in the full utilization of or benefit from any educational institution, or the services rendered thereby to any person because of * * * sex.\" Minn. Stat. \u00a7 363.03, subd. 5(1) (1998). Discrimination based on sex explicitly includes sexual harassment. Minn. Stat. \u00a7 363.01, subd. 14 (1998); see id. , subd. 41 (defining sexual harassment). Minnesota has adopted the three-part McDonnell Douglas test for addressing sexual harassment claims, consisting of a prima facie case, an answer, and a rebuttal. Klink v. Ramsey County by Zacharias , 397 N.W.2d 894, 900 (Minn.App. 1986) (citing McDonnell Douglas Corp. v. Green , 411 U.S. 792, 802-04, 93 S.Ct. 1817, 1824- 25 (1973)), review denied (Minn. Feb. 13, 1987). First, appellants must show they were subject to unwelcome sexual harassment in the form of \"sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature.\" Minn. Stat. \u00a7 363.01, subd. 41; see Cummings v. Koehnen , 568 N.W.2d 418, 424 (Minn. 1997) (addressing workplace sexual harassment). Applying this test, appellants have established, at least, a genuine issue of material fact as to the first of these elements. The determinative question, however, is whether there is a genuine issue of material fact as to the second element of a prima facie case, which requires that the harassment be severe, persistent, or pervasive and substantially interferes with the education of appellants or creates an intimidating, hostile, or offensive educational environment. Minn. Stat. \u00a7 363.01, subd. 41; Cummings , 568 N.W.2d at 424; see In re Discipline of Peters , 428 N.W.2d 375, 381 (Minn. 1988) (recognizing pervasive problem of sexual harassment in academic setting). In considering this issue, courts are to examine the language and conduct by considering the \"nature, frequency, intensity, location, context, duration, and object or target.\" Klink , 397 N.W.2d at 901. In Peters , an attorney discipline action against the dean of a law school, the unwelcome sexual conduct included instances of the dean caressing the women's hair, putting his hands around and squeezing their waists or rib cages, putting his arm around their shoulders, pulling women towards his body, and making suggestive comments. 428 N.W.2d at 376-78. Likewise, in 2/16/25, 11:00 Yochum v. Univ. of Minnesota, No. C4-98-2255 | Casetext Search + Citator 4/7 federal cases involving educational institutions, actions which were sufficient to constitute pervasive sexual harassment generally included explicit sexual comments or physical contact. See Chontos v. Rhea , 29 F. Supp.2d 931, 935-36 (N.D.Ind. 1998) (describing sexual harassment by professor in which he forcibly kissed and fondled student and had engaged in a number of similar unwelcome sexual advances in past); Douglas v. Dabney S. Lancaster Community College , 990 F. Supp. 447, 461-62 (W.D.Va. 1997) (holding evidence sufficient to defeat summary judgment where defendant made repeated sexual comments, propositioned plaintiff, and threatened plaintiff's career). In this case, Gordon's conduct and contact, while inappropriate (and recognized as such by the university when it suspended Gordon for an academic quarter without pay or benefits), did not rise anywhere near the level of Peters , Douglas , or Chontos . Gordon's conduct did not constitute actionable sexual harassment as a matter of law. II. An employer, in this case the university, is liable for sexual harassment if it \"knows or should have known of the existence of the harassment and fails to take timely and appropriate action.\" Minn. Stat. \u00a7 363.01, subd. 41(3). The university in this case responded in textbook fashion. In each case, where the allegation named Gordon as the specific responsible party, the university conducted an investigation and, within three days of the report, warned him to have no further contact with the student. Shortly thereafter, a representative of the university again met with Gordon warning him that no retaliation would be tolerated. Swift disciplinary action followed resulting in a forfeiture of pay and benefits for the following fall quarter. Appellants claim that the university had received notice before appellants contacted the office and, had it acted in response to the earlier notices, the harassment would not have continued as long as it did. They assert that Elijah's complaint to her advisor before the 1996 winter quarter that a professor was \"coming on\" to her constituted sufficient notice to the university. See McNabb v. Cub Foods , 352 N.W.2d 378, 383 (Minn. 1984) (imputing manager's knowledge of harassment to employer). Elijah did not 1 2/16/25, 11:00 Yochum v. Univ. of Minnesota, No. C4-98-2255 | Casetext Search + Citator 5/7 identify the professor, and she did not act on a suggestion that the complaint be referred to the appropriate agency. 1 Appellants also contend that the significant punishment imposed by the university is insufficient because he was later promoted to full professor. The duty of the employer is to stop the harassment by taking timely and appropriate action. Minn. Stat. \u00a7 363.01, subd. 41(3); Continental Can Co. v. State , 297 N.W.2d 241, 249 (Minn. 1980). The university told Gordon to have no further contact with appellants and he complied. He forfeited pay and benefits, as required by the results of a disciplinary hearing. Appellants have not cited any law or authority recognizing the university as liable for harassment under these circumstances. Additionally, appellants cite a report by another student that Gordon had inappropriately hugged her, contending this constituted notice to the university. See id. Appellants provide an unsworn transcription by a lawyer of an interview with this student party opposing summary judgment must set forth facts that are admissible in evidence, and hearsay evidence is not admissible at trial and may not be considered in deciding a summary judgment motion. Murphy v. Country House, Inc. , 307 Minn. 344, 349, 240 N.W.2d 507, 511 (1976).2 2 Nor is this the only problem with relying on this incident as notice. The unsworn interview transcription also lacked foundation for admissibility and is excludable for that reason. See Hopkins v. Empire Fire Marine Ins. Co. , 474 N.W.2d 209, 212 (Minn.App. 1991) (holding letter lacked foundation necessary for admissibility and should not be considered in summary judgment). While it is not necessary to reach the issue of the university's responsibility in light of our finding that there was no actionable sexual harassment as a matter of law, we nonetheless conclude that there is no genuine issue of material fact as to UMD's responsibility and affirm the district court in all respects. Affirmed. 2/16/25, 11:00 Yochum v. Univ. of Minnesota, No. C4-98-2255 | Casetext Search + Citator 6/7 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. 2/16/25, 11:00 Yochum v. Univ. of Minnesota, No. C4-98-2255 | Casetext Search + Citator 7/7"} |
7,283 | Robin Bowers | College of Charleston | [
"7283_101.pdf",
"7283_102.pdf",
"7283_103.pdf",
"7283_104.pdf"
] | {"7283_101.pdf": "Bowers v. College of Charleston 268(d)(2 In The Court of Appeals Dr. Robin Bowers, Appellant/Respondent, v. College of Charleston, Respondent/Appellant. Appeal From the Administrative Law Court Marvin F. Kittrell, Chief Administrative Law Judge Unpublished Opinion No. 2011-UP-569 Heard December 8, 2011 Filed December 20, 2011 Gregory Samuel Forman, of Charleston, for Appellant/Respondent. Stephen L. Brown, Wilbur E. Johnson, and Russell G. Hines, all of Charleston, for Respondent/Appellant CURIAM: In this cross-appeal, Appellant/Respondent Dr. Robin Bowers appeals from an order of the Administrative Law Court (the ALC) affirming Bowers' termination as a tenured professor at Respondent/Appellant College of Charleston (the College). Bowers argues on appeal that the College denied him due process and there is no evidence to 2/16/25, 11:01 Bowers v. College of Charleston :: 2011 :: South Carolina Court of Appeals Decisions :: South Carolina Case Law :: South Carolina\u2026 1/4 support the College's decision to terminate his employment. On cross-appeal, the College argues the erred by enforcing an automatic stay which required the College to pay Bowers' wages during the pendency of his appeal to the ALC. We affirm. 1. As to Bowers' argument that the College's grievance procedures denied him due process by placing an impermissible limitation on his counsel's participation, we find the issue unpreserved because Bowers did not object to the grievance procedures at either the prehearing conference or the hearing itself. See Lee Cnty. Sch. Dist. Bd. of Trs. v Charter Sch. Acad. Planning Comm., 371 S.C. 561, 566, 641 S.E.2d 24, 27 (2007) (\"[An appellate court] has a limited scope of review and cannot consider issues that were not raised to and ruled on by the administrative agency.\"). 2. As to Bowers' argument that the complaints, text messages, and deposition were unreliable evidence and admitted upon an unlawful procedure, we find the issue unpreserved. In regard to the complaints and text messages, we find the issue unpreserved because Bowers did not object to the admission of this evidence. See Burke v. AnMed Health, 393 S.C. 48, 54, 710 S.E.2d 84, 87 (Ct. App. 2011) (providing a contemporaneous objection to the admission of evidence is typically required to preserve issues for appellate review). As to the deposition of Raven Ray, the hearing committee informed the parties at the beginning of the hearing that Ray did not feel comfortable testifying unless her attorney was present. The committee stated it had no objection to Ray's attorney observing the proceedings, but it would only allow Ray's attorney to do so if both parties agreed. Bowers objected, and therefore the committee decided it would not allow Ray's attorney to be present. Later in the proceedings, Bowers objected to the admission of Ray's deposition into evidence. The committee decided to admit the deposition, finding Bowers had an opportunity to question Ray by either agreeing to allow her attorney to observe the proceedings or by submitting counter affidavits. Bowers' attorney responded by saying she was unaware at the time she objected to Ray's attorney being present that the alternative was the committee would allow Ray's deposition in as evidence and Bowers would not have an opportunity to cross-examine Ray. The committee explained it lacked subpoena power and again offered Bowers the opportunity to have Ray testify in the presence of her attorney. After Bowers and his attorney discussed the matter, Bowers' attorney told the committee Bowers did not wish to delay the proceedings any further by having Ray testify and they were ready to continue. The committee then asked Bowers if he would prefer to have Ray's deposition admitted into evidence rather than have her testify in the presence of her attorney. Bowers responded by restating his objection to Ray's attorney being present and stated he just wanted to move along with the proceedings because he did not believe he would get much out of having Ray testify. Bowers' attorney then said to Bowers, \"Sure, it's 2/16/25, 11:01 Bowers v. College of Charleston :: 2011 :: South Carolina Court of Appeals Decisions :: South Carolina Case Law :: South Carolina\u2026 2/4 your case.\" We find Bowers waived his prior objection to the admissibility of the deposition by deciding he wanted to move along the proceedings when the committee yet again presented Bowers the option and opportunity to have Ray testify. See v. Greenville Cnty. Assessor, __ S.C. __, 716 S.E.2d 877, 885 (2011) (holding waived on appeal its claim that the trial court erred by not sanctioning property tax assessor for its failure to formally respond to CFRE's interrogatories and production requests, where the trial court offered to continue the proceedings and order a formal response from the assessor, but declined the court's invitation and agreed that a continuance would be unlikely to produce anything further). 3. As to Bowers' argument that he was not required to preserve issues related to his right to counsel or evidentiary procedures, we find the exception to the general rule of error preservation noted in Ex parte Jackson, 381 S.C. 253, 672 S.E.2d 585 (Ct. App. 2009), is not applicable in this case because Bowers had counsel present and actively representing him at all times during the prehearing conference and the hearing itself. See id. at 261 n.3, 672 S.E.2d at 589 n.3 (holding a pro se litigant could not be expected to raise the issue of whether he was entitled to counsel). 4. As to Bowers' argument that the College denied him due process by not allowing him to confront Ray at the hearing, we find no error because Bowers' inability to cross-examine Ray was a result of his own conduct. Ray agreed to appear and testify at the hearing so long as her attorney could be present. Although the hearing committee explained to Bowers that Ray's attorney would be present in an observatory role only, Bowers did not agree to allow Ray's attorney to be present during her testimony. Thus, Bowers' inability to cross-examine Ray was not a denial of due process. See Zaman v. S.C. State Bd. of Med. Exam'rs, 305 S.C. 281, 285, 408 S.E.2d 213, 215 (1991) (holding a party cannot complain of a violation of due process if the party has recourse to a constitutionally sufficient administrative procedure, but merely fails to take advantage of it); In re Vora, 354 S.C. 590, 600, 582 S.E.2d 413, 418 (2003) (\"Due process is not violated where a party is not given the opportunity to confront witnesses so long as there has been a meaningful opportunity to be heard.\"). 5. As to Bowers' argument that the record contains no evidence that his communications or actions towards Ray met the College's definition of \"sexual harassment,\" we find Ray's deposition, Bowers' text messages to Ray, and the lyrics of the poem posted on the internet, all provided evidence from which the College could reasonably find Bowers in violation of the College's sexual harassment policy. See Risher v. S.C. Dep't of Health & Envtl. Control, 393 S.C. 198, 210, 712 S.E.2d 428, 434 (2011) (holding \"substantial evidence\" sufficient to 2/16/25, 11:01 Bowers v. College of Charleston :: 2011 :: South Carolina Court of Appeals Decisions :: South Carolina Case Law :: South Carolina\u2026 3/4 support a finding of the is evidence which, considering the record as a whole, would allow reasonable minds to reach the conclusion that the administrative agency reached); Spruill v. Richland Cnty. Sch. Dist. 2, 363 S.C. 61, 65, 609 S.E.2d 524, 526 (2005) (providing the appellate court traditionally defers to an agency's construction of its own regulation and the appellate court will not overturn such construction absent compelling reasons Servs v. S.C. Dep't of Revenue, 392 S.C. 11, 24, 707 S.E.2d 431, 438 (Ct. App. 2011) (holding a reviewing court may reverse or modify decisions that are controlled by error of law or are clearly erroneous in view of the substantial evidence on the record as a whole).[1] 6. As to the College's argument that the erred by enforcing an automatic stay pursuant to Rule 34, we find no error because enforcement of the stay merely held Bowers in the same position that he was in prior to his termination, on suspension with pay, pending the final decision of the ALC. See Rule 34 (\"The filing of an appeal from the final decision of an agency shall stay the final decision of that agency . . . .\"); Santee Cooper Resort, Inc. v. S.C. Pub. Serv. Comm'n, 298 S.C. 179, 184, 379 S.E.2d 119, 122 (1989) (\"To stay an order is to hold it in abeyance or refrain from enforcing it; a stay is a stopping.\" (internal quotations omitted)); Graham v. Graham, 301 S.C. 128, 130, 390 S.E.2d 469, 470 (Ct. App. 1990) (holding the purpose of a stay is to preserve the status quo pending the determination on appeal). AFFIRMED. HUFF, PIEPER, and LOCKEMY, JJ., concur. [1] Because we find sufficient evidence to support the College's decision to terminate Bowers' employment for his violation of the College's sexual harassment policy, we need not address Bowers' remaining arguments regarding other grounds asserted by the College as justification for its decision. See Futch v. McAllister Towing of Georgetown, Inc., 335 S.C. 598, 613, 518 S.E.2d 591, 598 (1999) (providing an appellate court need not address remaining issues when disposition of prior issue is dispositive). 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. 2/16/25, 11:01 Bowers v. College of Charleston :: 2011 :: South Carolina Court of Appeals Decisions :: South Carolina Case Law :: South Carolina\u2026 4/4", "7283_102.pdf": "Cited By (0) \uf09e (/feed/search/?type=o&q=cites%3A(2475886)) This case has not yet been cited in our system. Authorities (7) This opinion cites: Gebser v. Lago Vista Independent School District, 524 U.S. 274 (/opinion/118232/gebser-v-lago-vista-independent-school-district/?) (14 times) Davis Ex Rel. LaShonda D. v. Monroe County Board of \u2026 (/opinion/118290/davis-ex-rel-lashonda-d-v-monroe-county-board-of-education/?) (6 times) Jackson Baynard v. Catherine Malone, Former Principal of the Charles \u2026 (/opinion/775215/jackson-baynard-v-catherine-malone-former-principal-of-the-charles/?) (6 times) Celotex Corp. v. Catrett, Administratrix of the Estate of Catrett, \u2026 (/opinion/111722/celotex-corp-v-catrett-administratrix-of-the-estate-of-catrett/?) (5 times) Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (/opinion/111719/anderson-v-liberty-lobby-inc/?) (3 times) View All Authorities (/opinion/2475886/ray-v-bowers/authorities/) Related Case Law Bowers v. Bell (/opinion/5049075/bowers-v-bell/) Bowers v. Viator (/opinion/1112393/bowers-v-viator/) Ronald G. Bowers v. John Makowski, Warden, Riverside Correctional Facility (/opinion/609977/ronald-g-bowers-v-john-makowski-warden-riverside-correctional-facility/) Bowers v. State (/opinion/1973593/bowers-v-state/) State Ex Rel. Nixon v. Bowers (/opinion/2334193/state-ex-rel-nixon-v-bowers/) Search Full List (/?q=related:2475886&stat_Published=on) Share \uf003 (mailto:? subject=Ray%20v.%20Bowers%2C%20767%20F.%20Supp.%202d%20575%2C%202009%20WL%204111576%2C%202009%20U.S.%20Dist.%20LEXIS%20109222%20at%20CourtListener.com&body=http v-bowers/) \uf082 ( v. Bowers, 767 F. Supp. 2d 575, 2009 4111576, 2009 U.S. Dist 109222 at CourtListener.com) \uf081 ( \uf0a2 Get Citation Alerts (/?show_alert_modal=yes&q=cites%3A(2475886)) Ray v. Bowers, 767 F. Supp. 2d 575 (D.S.C. 2009) District Court, D. South Carolina Filed: November 23rd, 2009 Precedential Status: Precedential Citations: 767 F. Supp. 2d 575, 2009 4111576, 2009 U.S. Dist 109222 Docket Number: Civil Action 2:08-CV-3512 Judges: Patrick Michael Duffy Author: Patrick Michael Duffy (/person/933/patrick-michael-duffy/) 767 F.Supp.2d 575 (2009) Raven RAY, Plaintiff, v. Robin L. BOWERS, in his individual Capacity, and the College of Charleston, Defendants. Civil Action No. 2:08-CV-3512-PMD. United States District Court, D. South Carolina, Charleston Division. November 23, 2009. *576 Charles L. Henshaw, Jr., Furr, Henshaw and Ohanesian, Columbia, SC, William Andrew Bowen, Middleton Firm, Savannah, GA, for Plaintiff. Allan Riley Holmes, Timothy O'Neill Lewis, Gibbs and Holmes, Bob J. Conley, Cleveland Law, Caroline Wrenn Cleveland, Caroline Wrenn Cleveland Law Office, Charleston, SC, for Defendants. *577 DUFFY, District Judge. This matter is before the court upon Defendant the College of Charleston's (\"the College\") Motion for Summary Judgment as to Plaintiff Raven Ray's (\"Ray\") claims against it arising from the alleged sexual harassment of Ray by Bowers. Ray's claims against Bowers include a civil rights violation pursuant to 42 U.S.C. \u00a7 1983 and state law claims of battery, harassment, stalking, intentional infliction of emotional distress, and assault. Ray brings a claim under Title against the College. Bowers has asserted a counterclaim against Ray for defamation. For the reasons set forth below, the court grants the College's Motion for Summary Judgment Ray graduated from the College of Charleston in May of 2007 with a Bachelor of Science in Psychology. During the fall 2006 semester of her senior year, Ray enrolled in Advanced General Psychology 396, which was taught by Defendant Bowers. Am. Compl. at \u00b6 15. Ray was twenty-one years old at the time. In October of 2006, Ray invited Bowers to attend a Halloween party at her apartment. Pl. Dep. at 51. Bowers attended the Halloween party, and the two developed a relationship which allegedly involved into a sexual relationship beginning on October 31, 2006 and continuing throughout the fall 2006 semester. Id. at 72-82. Ray claims that she felt powerless to end the sexual relationship and harassing text messages by Bowers because of fear that he would sabotage her grade or otherwise retaliate against her. Throughout the semester, Ray \"pretended like everything was fine, even with my family\" and did not inform the College about Bowers's alleged sexual harassment or inappropriate 2/16/25, 11:01 Ray v. Bowers, 767 F. Supp. 2d 575, 2009 4111576, 2009 U.S. Dist 109222 \u2013 CourtListener.com 1/3 behavior. Id. at 129. Additionally, Ray stated that she \"tried to make [Bowers] think that, you know liked him\" and that she \"just wanted to make him calm, you know, until the end of the semester so could get my grade.\" Id. at 181. On December 14, 2006, Bowers posted grades for Ray's psychology class, and Ray received an \"A\" for the course, a grade which all parties agree was appropriate. Ray and Bowers continued to text message and call each other even after Bowers had posted Ray's grade. Ray claims that Bowers's harassment consisted of three types of conduct: (1) an unwanted sexual relationship between Bowers and Ray; (2) harassing conduct in the classroom environment; and (3) harassing messages and postings via text messages and internet postings. Pl. Opp'n Mem. at 9. Besides Ray's claim that she and Bowers had a sexual relationship, Ray claims that Bowers created a hostile environment for her as a student in his class by staring at her in class and by ignoring Ray in class on one occasion where Ray was the only one with her hand raised and Bowers refused to call on her, which according to Ray was because she had not returned Bowers text message the night before that class. Pl. Dep. at 134-36. Ray also claims that Bowers sent her harassing text messages. Ray saved approximately 102 text messages sent by Bowers to Ray; however, Ray's cell phone records show that she sent Bowers approximately 950 text messages from October 27, 2006 through January 31, 2007 of which she saved the content of only one of those messages. Ray claims that Bowers sent her thousands of text messages during the same time period; however, she selectively saved only 102 of those messages. Lastly, Ray claims that Bowers harassed her by posting a lewd song dedicated to her on the internet. *578 On January 10, 2007, Ray reported to the College that Bowers had been sexual harassing her. Ray admits that this was the first time she reported any problem to the College and the first time she gave the College an opportunity to help her. Id. at 237-42. Ray stated that she was concerned that if she told the College what was happening during the semester, the College might remove her from the class and she would have to take a \"W\" (withdraw/no grade). Id. at 242. Ray stated that she \"had to make sure got my grade so could graduate on time.\" Id. Ray initially reported her complaint to Jane Corbin (\"Corbin\"). Corbin immediately set up an appointment for the next day with Denise Mitchell (\"Mitchell\"), whose job included receiving and investigating such complaints. Mitchell first met with Ray on January 11, 2007. Id. at 161-62. Ray stated that Mitchell \"thanked me for being strong and for coming forward.\" Id. at 239. Mitchell worked with Ray to forward the few text messages that Ray had saved from Bowers so that the messages could be preserved as evidence. Id. at 30. Mitchell also arranged for a sworn statement on January 19, 2007 to fully document Ray's complaint. Ultimately, the College discharged Bowers as a result of Ray's complaint. In addition to investigating Ray's complaint and discharging Bowers, the College took additional steps to help Ray. Ray states that she was assigned to a special advisor, Pam Neisslein (\"Neisslein\"), who \"was very nice to [Ray].\" Id. at 237. Neisslein and her husband took Ray on outings, invited her to stay at their home if she was afraid to be alone, and tried to be a support source for her. Id. The College, through its C.A.R.E. office, provided Ray with other assistance as well: \u0000 The College offered her a free room on campus with parking when she told them she was frightened of Bowers (Ray declined the offer because she believed the offer was limited to one week only); \u0000 The College assigned campus police escorts which Ray could use at any time; \u0000 The College notified all of Ray's Spring semester professors that she was being assisted with a traumatic experience and obtained each professor's agreement to work with her regarding things like deadlines and absences; and \u0000 The College offered to call a local judge to check on the possibility of getting Ray a restraining order against Bowers. Id. at 164-66. Later in the semester, Ray asked (through her therapist) that she be allowed to complete her remaining course work by computer from home so that she did not have to go on campus. Id. at 294-96. The College agreed, arranged for Ray to complete her remaining course work from home, and provided Ray a free tutor. Id. The College also paid for Ray to be tested for any sexually transmitted diseases to which Bowers might have exposed her. Id. The College also offers free counseling on campus, but Ray declined the free counseling because she already had a relationship with her own therapist. Although Ray admits that the College took all of these measures, she contends that the College did not do enough. Ray claims that the College should have paid for her private therapist and her text message bills. Id. at 241. Ray also believes that the College should have removed Bowers from his spring semester class even though the investigation was still pending. Id. at 168. On October 16, 2008, Ray filed this suit against Bowers and the College. Ray's claims against Bowers include a civil rights claim under \u00a7 1983 and state law claims of *579 battery, harassment, stalking, intentional infliction of emotional distress, and assault. Ray asserts a Title claim against the College. Bowers has asserted a counterclaim against Ray for defamation. On October 9, 2009, the College filed a motion for summary judgment To grant a motion for summary judgment, the court must find that \"there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.\" Fed.R.Civ.P. 56(c). The judge is not to weigh the evidence, but rather to determine if there is a genuine issue of fact for trial. Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (/opinion/111719/anderson-v-liberty-lobby/), 249, 106 S.Ct. 2505 (/opinion/111719/anderson-v-liberty-lobby/), 91 L.Ed.2d 202 (/opinion/111719/anderson-v-liberty-lobby/) (1986). If no material factual disputes remain, then summary judgment should be granted against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which the party bears the burden of proof. Celotex Corp. v. Catrett, 477 U.S. 317 (/opinion/111722/celotex-corporation-v-myrtle-nell-catrett-administratrix-of-the-estate-of/), 322, 106 S.Ct. 2548 (/opinion/111722/celotex-corporation-v-myrtle-nell-catrett-administratrix- of-the-estate-of/), 91 L.Ed.2d 265 (/opinion/111722/celotex-corporation-v-myrtle-nell-catrett-administratrix-of-the-estate-of/) (1986). All evidence should be viewed in the light most favorable to the non- moving party. Perini Corp. v. Perini Constr., Inc., 915 F.2d 121, 123-24 (4th Cir.1990). Summary judgment is not \"a disfavored procedural shortcut,\" but an important mechanism for weeding out \"claims and defenses [that] have no factual bases.\" Celotex, 477 U.S. at 327 (/opinion/111722/celotex-corporation-v-myrtle-nell-catrett-administratrix-of-the-estate-of/), 106 S.Ct. 2548 (/opinion/111722/celotex- corporation-v-myrtle-nell-catrett-administratrix-of-the-estate-of In its memorandum in support of its motion for summary judgment, the College argues that the court should dismiss Ray's Title claim against the College because Ray has not established evidence that the College had actual notice of the alleged sexual harassment or that the College was deliberately indifferent after Ray filed her complaint, both of which are essential elements of Ray's claim under Title IX. As additional grounds for dismissal, the College argues that Ray has failed to make a showing to establish any evidence that Bowers' conduct was unwelcome. Title provides that \"[n]o person in the United States shall, on the basis of sex, . . . be subjected to discrimination under any education program or activity receiving Federal financial assistance.\" 20 U.S.C.A. \u00a7 1681(a). This prohibition encompasses sexual harassment of a student by a teacher and is enforceable through a judicially implied private right of action for damages against a school district. See Franklin v. Gwinnett County Pub. Schs., 503 U.S. 60 (/opinion/112696/franklin-v-gwinnett-county-public-schools/), 75-76, 112 S.Ct. 1028 (/opinion/112696/franklin-v-gwinnett-county-public-schools/), 117 L.Ed.2d 208 (/opinion/112696/franklin-v-gwinnett-county-public-schools/) (1992). To establish a Title claim on the basis of sexual harassment, Ray must show that (1) she was a student at an educational institution receiving federal funds, (2) she was subjected to harassment based on her sex, (3) the harassment was sufficiently severe or pervasive to create a hostile (or abusive) environment in an educational program or activity, and (4) there is a basis for imputing liability to the institution. Jennings v. University of North Carolina, 482 F.3d 686 (/opinion/797382/melissa-jennings-and-debbie-keller-v-university-of-north-carolina-at/), 695 (4th Cir.2007). With respect to the fourth element which requires a basis for imputing liability to the institution, the College can be held liable for a Title violation only if \"an official who . . . has authority to address the alleged discrimination and to institute corrective measures . . . has actual knowledge of discrimination in the [College's] programs and fails adequately to respond\" or displays \"deliberate indifference\" to discrimination. Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274 (/opinion/118232/gebser-v-lago-vista-independent-school-dist/), 290, 118 S.Ct. 1989 (/opinion/118232/gebser-v-lago-vista-independent-school-dist/), 141 L.Ed.2d 277 (/opinion/118232/gebser-v-lago-vista-independent-school-dist/) (1998). The College argues that Ray has failed to show that the College had actual *580 knowledge of alleged sexual harassment by Bowers or that the College was deliberately indifferent to or failed to adequately respond to the discrimination. The College also argues that Ray is unable to show that she was subjected to sexual harassment because Ray has not offered any evidence to show that Bowers's conduct was unwelcome. Without deciding whether Bowers's conduct was unwelcome and therefore sexual harassment, the court finds that Ray has failed to establish a basis for imputing liability to the institution because Ray has failed to show that the College had actual knowledge of the alleged harassment or that it failed to adequately respond. 2/16/25, 11:01 Ray v. Bowers, 767 F. Supp. 2d 575, 2009 4111576, 2009 U.S. Dist 109222 \u2013 CourtListener.com 2/3 \"Title conditions `an offer of funding on a promise by the recipient not to discriminate, in what amounts essentially to a contract between the Government and the recipient of funds.' Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274 (/opinion/118232/gebser-v-lago-vista-independent-school-dist/), 286, 118 S.Ct. 1989 (/opinion/118232/gebser-v-lago-vista-independent-school-dist/), 141 L.Ed.2d 277 (/opinion/118232/gebser-v-lago-vista-independent-school-dist/) (1998). In Gebser, the Supreme Court explained that the contractual nature of Title requires that a funding recipient have notice that it may be liable for a monetary award, i.e., it must actually be aware of the discrimination and fail to remedy it. See id. at 287-88, 118 S.Ct. 1989 (/opinion/118232/gebser-v-lago-vista-independent-school- dist/). In other words, [the College] may be held liable under Title `only for its own misconduct;' the implied damages remedy is available only when `the funding recipient engages in intentional conduct that violates the clear terms of the statute.' Davis v. Monroe County Bd. of Educ., 526 U.S. 629 (/opinion/118290/davis-v-monroe-county-bd-of-ed/), 640, 642, 119 S.Ct. 1661 (/opinion/118290/davis-v- monroe-county-bd-of-ed/), 143 L.Ed.2d 839 (/opinion/118290/davis-v-monroe-county-bd-of-ed/) (1999).\" Baynard v. Malone, 268 F.3d 228 (/opinion/775215/jackson-baynard-v-catherine-malone-former- principal-of-the-charles/), 237 (2001). In Gebser, the Supreme Court expressly rejected the use of \"principles of respondeat superior or constructive notice\" for imposing liability under Title IX. Gebser, 524 U.S. at 285 (/opinion/118232/gebser- v-lago-vista-independent-school-dist/), 118 S.Ct. 1989 (/opinion/118232/gebser-v-lago-vista-independent-school-dist/). Rather, the Court held in Gebser that \"a damages remedy will not lie under Title unless an official who at a minimum has authority to address the alleged discrimination and to institute corrective measures on the [College's] behalf has actual knowledge of discrimination in the [College's] programs\" and is deliberately indifferent to it. Id. at 290, 118 S.Ct. 1989 (/opinion/118232/gebser-v-lago-vista-independent-school-dist/). As to what constitutes \"deliberate indifference\" for Title purposes, the Supreme Court found that \"[t]he premise [of deliberate indifference], in other words, is an official decision by the [College] not to remedy the violation.\" Id. (/opinion/118232/gebser-v-lago- vista-independent-school-dist/) The Supreme Court noted that \"[u]nder a lower standard, there would be a risk that the [College] would be liable in damages not for its own official decision but instead for its employees' independent actions.\" Id. (/opinion/118232/gebser-v-lago-vista-independent-school-dist/) In Baynard v. Malone, 268 F.3d 228 (/opinion/775215/jackson-baynard-v-catherine-malone-former-principal-of-the-charles/) (4th Cir.2001), the United States Court of Appeals for the Fourth Circuit applied the Supreme Court's holding in Gebser and clarified the actual notice an educational institution must receive to be liable under Title for sexual harassment of a student by one of its employees. The Fourth Circuit found that Title IX's actual notice requirement cannot be satisfied by \"actual notice of a substantial risk of ongoing sexual abuse.\" Id. at 237-38. Rather, the Court held that \"Gebser is quite clear, however, that Title liability may be imposed only upon a showing that the [school] officials possessed actual knowledge *581 of the discriminatory conduct in question.\" Id. (/opinion/775215/jackson-baynard-v-catherine-malone-former-principal-of-the-charles/) Further, the Fourth Circuit found that \"[t]o the extent there is any doubt about the nature of the actual notice requirement articulated in Gebser, it is removed by the subsequent opinion of the Court in Davis\" where the Supreme Court held that an educational institution cannot be held \"liable for its failure to react to teacher-student harassment of which it knew or should have known . . . rather [the educational institution] could be liable for damages only where the [institution] itself intentionally acted in clear violation of Title by remaining deliberately indifferent to acts of teacher-student harassment of which it had actual knowledge.\" Id. (/opinion/775215/jackson-baynard-v-catherine-malone-former-principal-of-the- charles/) (citing Davis v. Monroe County Bd. Of Educ., 526 U.S. 629 (/opinion/118290/davis-v-monroe-county-bd-of-ed/), 641, 119 S.Ct. 1661 (/opinion/118290/davis-v-monroe-county-bd-of-ed/), 143 L.Ed.2d 839 (/opinion/118290/davis-v-monroe-county-bd-of-ed/) (1999)). The College argues and the court agrees that Ray has not established that the College was deliberately indifferent to actual notice of sexual harassment of a student by Bowers. Ray admits that she did not report Bowers's alleged sexual harassment of her until January 10, 2007. Ray also admits that the College did not have any notice of sexual harassment of her or any student during the time period in which Ray claims to have been harassed. Additionally, as soon as Ray informed the College of harassment by Bowers, the College took immediate steps to investigate the complaint, protect Ray from any further possible harm, and assist Ray with various personal needs. At the end of its investigation, the College concluded that Bowers had acted inappropriately with regard to Ray, and the College discharged Bowers from his tenured position. The College also has a policy prohibiting sexual harassment, including unwelcome sexual advances. The policy is published to all students online and includes instructions for reporting violations. The College also has a policy prohibiting consensual sexual relationships between professors and students currently in their classes or assigned to them as advisors. As soon as the College had actual notice of sexual harassment of a student by Bowers, the College took extensive measures to remedy the situation and is therefore not to be held liable under Title IX. Ray argues that the court should ignore the Fourth Circuit's requirement that the College have actual notice of the sexual harassment in question and apply a more liberal notice standard recognized by the Baynard dissent and by other circuits, which requires that the College have only actual knowledge of a substantial risk of sexual harassment. Citing the Baynard dissent, Ray states that \"[a]n appropriate official has actual knowledge of a substantial risk if she knows of facts indicating a substantial risk and she subjectively believes that the facts signal such a risk.\" Pl. Opp'n Mem. at 7. Ray then argues that a number of prior complaints against Bowers gave the College actual knowledge of a substantial risk of sexual harassment; however, Ray does not contend that she has satisfied the notice standard under the controlling Fourth Circuit standard announced in Baynard. As noted above, Ray admits that the College had no knowledge of sexual harassment by Bowers against Ray or anyone else during the time period of the alleged harassment. As noted above, under the Fourth Circuit's test, \"Title liability may be imposed only upon a showing that the [school] officials possessed actual knowledge of the discriminatory conduct in question.\" Baynard v. Malone, 268 F.3d at 237-38 (/opinion/775215/jackson-baynard-v-catherine-malone-former-principal-of-the-charles/). Therefore, under controlling law in this circuit, the College was not on notice of sexual harassment by Bowers until Ray reported Bowers in January of 2006, after which the College took immediate action to investigate and discharge Bowers. Therefore the court finds that until January 10, 2006 when Ray reported Bowers *582 to the College, there is no evidence in the record to support a conclusion that the College was in fact aware that a student was being sexually harassed. The court also finds that as soon as Ray notified the College that she was being sexually harassed by Bowers, the College took immediate steps to remedy the violation including investigating and discharging Bowers Based on the foregoing, the court that Defendant College of Charleston's Motion for Summary Judgment be [1] For an example of deliberate indifference see Jennings v. University of North Carolina, 482 F.3d 686 (/opinion/797382/melissa-jennings-and-debbie-keller-v-university-of-north-carolina-at/), 700-01 (4th Cir.2007) (finding deliberate indifference where Plaintiff went directly to the individual who was both UNC's highest-ranking lawyer and the school's official responsible for fielding sexual harassment complaints and when Plaintiff told the official about the specific harassment she was experiencing at the hands of her coach, the official suggested that Plaintiff work it out with the coach directly because he was \"a great guy.\" The official took no action on the complaint, and the harassment continued.) [1] 2/16/25, 11:01 Ray v. Bowers, 767 F. Supp. 2d 575, 2009 4111576, 2009 U.S. Dist 109222 \u2013 CourtListener.com 3/3", "7283_104.pdf": "From Casetext: Smarter Legal Research Ray v. Bowers United States District Court, D. South Carolina, Charleston Division Dec 17, 2009 Civil Action No.: 2:08-CV-3512 (D.S.C. Dec. 17, 2009) Copy Citation Download Check Treatment Take care of legal research in a matter of minutes with CoCounsel, your new legal assistant. Try CoCounsel free Civil Action No.: 2:08-CV-3512-PMD. December 17, 2009 DUFFY, District Judge This matter is before the court upon Defendant Robin Bowers's (\"Bowers\") Motion for Summary Judgment as to Plaintiff Raven Ray's (\"Ray\") claims against him arising from the alleged sexual harassment of Ray by Bowers. Ray's claims against Bowers include a civil rights violation pursuant to 42 Sign In Search all cases and statutes... Opinion Case details 2/16/25, 11:02 Ray v. Bowers, Civil Action No.: 2:08-CV-3512 | Casetext Search + Citator 1/10 U.S.C. \u00a7 1983 and state law claims of battery, harassment, stalking, intentional infliction of emotional distress, and assault. Bowers has asserted a counterclaim against Ray for defamation hearing was held on December 3, 2009. For the reasons set forth below, the court grants Bowers's Motion for Summary Judgment as to Ray's claims against him, but dismisses Bowers's defamation counterclaim without prejudice in order to proceed in state court Ray graduated from the College of Charleston (\"the College\") in May of 2007 with a Bachelor of Science in Psychology. During the fall 2006 semester of her senior year, Ray enrolled in Advanced General Psychology 396, which was taught by Defendant Bowers. Am. Compl. at \u00b6 15. Ray was twenty-one years old at the time. Ray had not taken any of Bowers's other classes nor had she ever met him prior to taking that class, and Ray stated that, *2 prior to that class, she had no knowledge or opinion of Bowers. Pl. Dep. at 337. In October of 2006, Ray invited Bowers to attend a Halloween party at her apartment in an email discussing details of an upcoming presentation for class. Id. at 51. Bowers accepted Ray's invitation. Ray testified that her party began somewhere around 9:00 or 10:00 pm on the evening of Saturday, October 28, 2006 and that around 20 people attended. Id. at 68. Ray does not know what time Bowers arrived, but she recalls that she \"welcomed him to the party,\" and that they both \"kind of mingled with other people. Ray testified that she did not spend a lot of time with Bowers during the party. Id. at 71. However, Ray recalls that Bowers left the party twice during the evening. The first time Ray noticed Bowers was missing, Ray called him and asked him where he went. Id. at 69. He told her that \"he just went to the gas station, he will be right back.\" Id. Bowers did return, but when Ray noticed that he had left a second time sometime around midnight and without saying goodbye before he left, Ray called Bowers again and asked him \"where did you go this time?\" Id. at 70. Ray's telephone records show that Ray called Bowers twice during the time period that Bowers left the party the first time and that she called him three times after Bowers left the second time. In addition, Ray sent Bowers seventeen text messages on the day of her Halloween party. 2 2/16/25, 11:02 Ray v. Bowers, Civil Action No.: 2:08-CV-3512 | Casetext Search + Citator 2/10 After the October 28th Halloween party, Ray and Bowers exchanged multiple text messages. Ray kept a record of seventeen text messages she received from Bowers from October 29 through October 31; however, during that same time period, her phone records show that she sent him eighty- four text messages. Ray testified that the text messages were mutual and consensual during this time frame. Id. at 119. Ray states that the next time she saw Bowers in a social setting was on October 31, 2006. Id. at 72. Ray claims that she cannot recall who initiated the second meeting, but that Ray and *3 Bowers arranged to meet at the Vickery's Halloween costume party. After the Vickery's party, Ray, Bowers, and some of Ray's friends went to a party at the Kickin' Chicken. Id. at 73. Ray testified that the party at Kickin' Chicken was fun, but that at some point she noticed that \"Bowers disappeared again.\" Id. at 75. Ray claims that she checked and found that he was not in the bathroom, so she called him and asked \"where did you go?\" Id. According to Ray, she understood from the phone conversation that Bowers was angry with her. Id. Ray testified that during the phone conversation, Bowers said \"come to me,\" and Ray decided to drive to his home. Id. According to Ray, she \"had to beg [Ray's friend] Alex to let me have my car keys,\" and she told Alex that she was going to see Bowers because he was angry. Id. at 76. Ray claims that she drove to Bowers home and that once she arrived at his home, \"strangely everything was okay. All of a sudden, he was no longer angry.\" Id. at 78. Ray decided to stay at Bowers's home, toured the home, had sex with Bowers, spent the night with him, and \"woke up in his bed the next morning.\" Id. at 79. That morning, Bowers and Ray, driving separately, went to the Blue Rose caf\u00e9 for breakfast. Id. at 82. After breakfast, Ray went home to change clothes and went straight from her home to her first class of the day, which happened to be Bowers's class. Id. at 86. 3 Ray continued the sexual relationship with Bowers throughout the Fall 2006 semester. Ray claims that she felt powerless to end the sexual relationship and harassing text messages by Bowers because of fear that he would sabotage her grade or otherwise retaliate against her. However, Ray admits that throughout the relationship she never suggested to Bowers that the relationship was unwelcome in any way. In fact, Ray testified that throughout the semester, Ray \"pretended like everything was fine, even with 2/16/25, 11:02 Ray v. Bowers, Civil Action No.: 2:08-CV-3512 | Casetext Search + Citator 3/10 my family.\" Id. at 129. Ray stated that she \"tried to make [Bowers] think that, you know liked him\" and that she \"just wanted to make him *4 calm, you know, until the end of the semester so could get my grade.\" Id. at 181. Ray agreed that it would be \"a fair characterization to say [she was] pretending it was welcome as far as [Bowers] was concerned.\" Id. at 345. In addition to having a sexual relationship with Bowers, Ray went to the movies with him, went out for dinner or drinks with him, and gave him a book on \"Sextrology\" for his birthday in early November. Id. at 181, 250. 4 Ray claims that she continued the relationship with Bowers because she feared that he would sabotage her grade or otherwise retaliate against her. However, Ray admits that Bowers never gave any indication that her grade was dependent on her continuing his relationship with her. Id. at 185. Additionally, Ray continued to text message and call Bowers even after Bowers had posted Ray's grade. On December 14, 2006, Bowers posted grades for Ray's psychology class, and Ray received an \"A\" for the course. On December 15, 2006, Ray sent eleven text messages to Bowers. On the 16th, she sent him seven text messages. Ray sent him three text messages on December 17, followed by another four messages on December 18. On December 23, Ray sent Bowers thirty one text messages in an eight-hour period. Although Ray did not save any text messages from Bowers from December 23, she claims he was texting her back and they were having a fight. In total, Ray sent over 130 text messages to Bowers from the time her grade was posted on December 14, 2006 until January 31, 2007. In addition to the text messages, Ray made voice calls to Bowers as well. In fact, her phone records show that she called him every single day beginning on December 15, 2006, and continuing through December 23, 2006. From October 27, 2006 through January 31, 2007, Ray selectively saved only 102 text messages sent from Bowers to Ray despite the fact that Ray claims she received thousands of text messages from him. All other messages from Bowers were deleted by Ray without being *5 forwarded, copied, transcribed, or otherwise preserved. Ray also cannot find the telephone on which the 102 transcribed messages from Bowers were saved. Because of a quirk in the manner in which text messages are recorded on billing, there is no way to identify the sender of a particular text message received by a phone unless the sender happens to have the same service provider as the recipient. 5 2/16/25, 11:02 Ray v. Bowers, Civil Action No.: 2:08-CV-3512 | Casetext Search + Citator 4/10 Bowers and Ray did not have the same provider, and there has been no evidence produced in this case which definitively shows that Ray ever received more than the 102 transcribed messages from Bowers's number. However, Ray's cell phone records show that she sent Bowers approximately 950 text messages from October 27, 2006 through January 31, 2007 of which she save the content of only one of those messages. Ray claims that Bower's harassment consisted of three types of conduct: (1) an unwanted sexual relationship between Bowers and Ray; (2) harassing conduct in the classroom environment; and (3) harassing messages and postings via text messages and internet postings. Pl. Opp'n Mem. at 9. Besides Ray's claim that she and Bowers had a sexual relationship, Ray claims that Bowers created a hostile environment for her as a student in his class by staring at her in class and by ignoring Ray in class on one occasion where Ray was the only one with her hand raised and Bowers refused to call on her, which according to Ray was because she had not returned Bowers text message the night before that class. Pl. Dep. at 134-36. Ray also claims that Bowers embarrassed her in class for not answering a text when Bowers pointed to a button on his shirt in class and asked Ray what it was. According to Ray, she said the word button, and when asked to repeat it louder, she did so, and that she \"just knew that everybody in the class was probably looking at me like, why does he \u2014 how does he know say button so well.\" Ray believes Bowers did this in retaliation for her not responding to a prior picture he sent her of elevator and shirt buttons. Pl. Sworn Stmt., January 19, 2007, at 15. Ray also claims that *6 Bowers posted a song \"Warmed Warm\" on a public website with the dedication \"for Raven.\" Ray claims that the song references her sexual relationship with Bowers and that its posting constitutes sexual harassment. However, Ray testified that although she had the opportunity to object to its posting, she did not. Id. at 208. 6 On January 10, 2007, Ray reported to the College that Bowers had been sexual harassing her. Ray admits that this was the first time she reported any problem to the College and the first time she gave the College an opportunity to help her. Id. at 237-42. Ray stated that she was concerned that if she told the College what was happening during the semester, the College might remove her from the class and she would have to take a \"W\" 2/16/25, 11:02 Ray v. Bowers, Civil Action No.: 2:08-CV-3512 | Casetext Search + Citator 5/10 (withdraw/no grade). Id. at 242. Ray stated that she \"had to make sure got my grade so could graduate on time.\" Id. Ray continued to see Bowers even after she complained to the College of sexual harassment. She alleges that she did this to get evidence to help the College. However, she did not disclose to the College that she was continuing to see Bowers, she saved only a few of the text messages she says he sent her during that post- complaint time period, and she saved none of the text messages that her phone records show she sent him during that post-complaint time period. Ultimately, the College discharged Bowers as a result of Ray's complaint. Ray also graduated on time with a of 3.74 for Spring semester 2007, her highest for any full semester in four years, and she made the Dean's list. On October 16, 2008, Ray filed this suit against Bowers and the College. Ray's claims against Bowers include a civil rights claim under \u00a7 1983 and state law claims of battery, harassment, stalking, intentional infliction of emotional distress, and assault. Ray asserts a Title claim against the College. Bowers has asserted a counterclaim against Ray for defamation. On October 9, 2009, the College filed a motion for summary judgment, which was granted by *7 the court on November 23, 2009. On August 5, 2009, Bowers filed a motion for summary judgment on all of Ray's claims and on Bowers's Counterclaim for defamation. 7 To grant a motion for summary judgment, the court must find that \"there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.\" Fed.R.Civ.P. 56(c). The judge is not to weigh the evidence, but rather to determine if there is a genuine issue of fact for trial. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986). If no material factual disputes remain, then summary judgment should be granted against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which the party bears the burden of proof. Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). All evidence should be viewed in the light most favorable to the non-moving party. Perini Corp. v. Perini Constr., Inc., 915 F.2d 121, 123-24 (4th Cir. 1990). Summary judgment is not \"a disfavored procedural shortcut,\" but an important 2/16/25, 11:02 Ray v. Bowers, Civil Action No.: 2:08-CV-3512 | Casetext Search + Citator 6/10 mechanism for weeding out \"claims and defenses [that] have no factual bases.\" Celotex, 477 U.S. at 327. Summary judgment will be granted unless a reasonable jury could return a verdict for the nonmoving party on the evidence presented. Anderson, 477 U.S. at 248 In his memorandum in support of his motion for summary judgment, Bowers argues that the absence of any evidence of unwelcomeness bars Ray's claim for harassment in violation of Section 1983. Bowers also argues that Ray's apparent consent also bars her state law tort claims of assault, battery, and intentional infliction of emotional distress. Finally, Bowers notes that Ray's state law claims for harassment and stalking are brought pursuant to South Carolina Code Section 16-3-1700, a criminal statute that does not provide a private civil remedy. *8 8 In her memorandum in opposition to summary judgment, Ray argues that whether Ray welcomed the conduct and whether Ray displayed apparent consent to the conduct is a question of fact for the jury. Ray also argues that any consent by a student in their professor's class is suspect. As to Ray's Section 1983 claim, Ray alleges that Bowers acted under color of state law to deprive her of her Fourteenth Amendment equal protection right to be free from sexual harassment in an educational setting. To survive Bowers's motion for summary judgment on her \u00a7 1983 sexual harassment claim, Ray must show that Bowers was a state actor, he harassed her because of sex, and the harassment was sufficiently severe or pervasive to interfere unreasonably with her educational activities. Jennings v. University of North Carolina, 482 F.3d 686, 701 (4th Cir. 2007). Section 1983 sexual harassment claims \"are governed by traditional Title . . . jurisprudence.\" Id. The Supreme Court has made it clear that \"[t]he gravamen of any sexual harassment claim is that the alleged sexual advances were `unwelcome.'\" Meritor Savings Bank v. Vinson, 477 U.S. 57, 68 (1986); see also E.E.O.C. v. Sunbelt Rentals, Inc., 521 F.3d 306, 314 (4th Cir. 2008). The issue of whether Bowers's sexual advances were \"unwelcome\" for purposes of Title cannot be determined by reference to Ray's subjective state of mind. Instead, \"[t]he correct inquiry is whether [Plaintiff] by her conduct indicated 2/16/25, 11:02 Ray v. Bowers, Civil Action No.: 2:08-CV-3512 | Casetext Search + Citator 7/10 that the alleged sexual advances were unwelcome.\" Meritor, 477 U.S. at 68 (emphasis added). Normally, \"the question of whether particular conduct was indeed unwelcome presents difficult problems of proof and turns largely on credibility determinations committed to the trier of fact.\" Id. However, in the present case, the court finds that no reasonable jury could return a verdict for Ray on the evidence presented. As listed in the background section above, Ray initiated the relationship, sent Bowers over 950 text messages over the course of the relationship, *9 deleted all but one of the text messages that she sent to Bowers, and continued to call and text Bowers after Bowers had posted her grade and even after Ray had reported Bowers to the College. Additionally, Ray knew that she could report Bowers to the College but stated that she did not want to receive a \"W\" (withdraw/no grade) for the course and risk not graduating on time. Id. at 242. Ray also admits that Bowers never gave any indication that her grade was dependent on her continuing the relationship with him. Id. at 185. However, more importantly, Ray herself admits that, in all respects, she represented to Bowers and to the entire world including family, friends, and coworkers that the conduct at issue was, in fact, welcome. Ray agreed that it would be \"a fair characterization to say [she was] pretending it was welcome as far as [Bowers] was concerned.\" Id. at 345. Additionally, Ray testified that throughout the semester, she \"pretended like everything was fine, even with my family.\" Id. at 129. Therefore, the court finds that no reasonable jury could find that Ray \"by her conduct indicated that the alleged sexual advances were unwelcome.\" Meritor, 477 U.S. at 68. 9 Ray has also asserted state law claims of assault, battery, and intentional infliction of emotional distress based upon Bowers's alleged sexual harassment of her. As with Ray's \u00a7 1983 claim, Ray's claims for assault, battery, and intentional infliction of emotional distress are barred by Ray's consent to Bowers's conduct. \"No one can enforce a right arising out of a transaction which he has voluntarily assented to. It applies to intentional acts which would otherwise be tortuous.\" Powell v. Drake, 18 S.E.2d 745 (S.C. 1942). As discussed above, Ray admits that by her conduct she indicated to Bowers that his advances were welcome. Additionally, there is no evidence that her consent was a product of duress as Ray admits that Bowers never 2/16/25, 11:02 Ray v. Bowers, Civil Action No.: 2:08-CV-3512 | Casetext Search + Citator 8/10 gave her any indication that her grade in his class was dependent upon her continuing a sexual relationship with him, and Ray never alleges that Bowers used any physical force during their relationship. *10 As such, Ray cannot prevail on her claims for assault, battery, and intentional infliction of emotional distress. 10 Ray also asserts claims of stalking and harassment pursuant to South Carolina Code \u00a7 16-3-1700. However, South Carolina Code \u00a7 16-3-1700 is a criminal statute that does not provide a private civil remedy. Therefore, the court dismisses these claims. Finally, because the court has dismissed all claims over which it has original jurisdiction, the court declines to exercise supplemental jurisdiction over Bowers's state law defamation claim court has discretion to dismiss or keep a case when it \"has dismissed all claims over which it has original jurisdiction.\" 28 U.S.C. \u00a7 1367(c)(3). Although without Ray's \u00a7 1983 claim the parties have established diversity of citizenship, Bowers's has not alleged an amount in controversy in excess of seventy-five thousand dollars. 28 U.S.C. \u00a7 1332. Therefore, as the court does not have original jurisdiction over Bowers's defamation claim and because the court declines to exercise supplemental jurisdiction over this claim after the claims over which it had original jurisdiction have been dismissed, the court dismisses Bowers's defamation claim without prejudice to proceed in state court Based on the foregoing, the court that Defendant Robin L. Bowers's Motion for Summary Judgment as to Plaintiff Raven Ray's claims against him is and that Bowers's counterclaim for defamation is without prejudice in order to proceed in state court. About us Jobs 2/16/25, 11:02 Ray v. Bowers, Civil Action No.: 2:08-CV-3512 | Casetext Search + Citator 9/10 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. 2/16/25, 11:02 Ray v. Bowers, Civil Action No.: 2:08-CV-3512 | Casetext Search + Citator 10/10"} |
8,310 | Thomas Barron Jr. | Charter Oak State College | [
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] | {"8310_101.pdf": "By By UPDATED: UPDATED: May 31, 2019 at 3:40 May 31, 2019 at 3:40 State higher education officials have entered a legal settlement with a female State higher education officials have entered a legal settlement with a female administrator at the online Charter Oak State College, who complained last administrator at the online Charter Oak State College, who complained last year that Thomas Barron Jr., the director of the school\u2019s master\u2019s degree year that Thomas Barron Jr., the director of the school\u2019s master\u2019s degree program, gripped her in an unwanted hug, forced a kiss on her averted cheek program, gripped her in an unwanted hug, forced a kiss on her averted cheek and later engaged in \u201cgraphic sexual harassment.\u201d and later engaged in \u201cgraphic sexual harassment.\u201d The settlement agreement, signed in the last days of April, provides that the The settlement agreement, signed in the last days of April, provides that the state pay the victim\u2019s \u201creasonable legal fees incurred in this matter\u201d and state pay the victim\u2019s \u201creasonable legal fees incurred in this matter\u201d and restore months of \u201csick, vacation and/or personal time\u201d she used when she restore months of \u201csick, vacation and/or personal time\u201d she used when she was out of the New Britain-based college\u2019s office following a post-traumatic was out of the New Britain-based college\u2019s office following a post-traumatic stress disorder diagnosis. In return, she agreed not to sue Charter Oak, the stress disorder diagnosis. In return, she agreed not to sue Charter Oak, the Connecticut State Colleges & Universities system (CSCU), of which it\u2019s part, Connecticut State Colleges & Universities system (CSCU), of which it\u2019s part, and the Board of Regents for Higher Education. and the Board of Regents for Higher Education. The victim\u2019s name is being withheld according to a Courant policy of not The victim\u2019s name is being withheld according to a Courant policy of not identifying victims of sexual harassment or assault without their consent. identifying victims of sexual harassment or assault without their consent Jon Lender: State college makes Jon Lender: State college makes settlement with administrator settlement with administrator who complained of program who complained of program director\u2019s hug, kiss, harassment director\u2019s hug, kiss, harassment 2/16/25, 11:03 Jon Lender: State college makes settlement with administrator who complained of program director\u2019s hug, kiss, harassm\u2026 1/5 Her lawyer, Todd Steigman, said Wednesday, \u201cWe will not be commenting at Her lawyer, Todd Steigman, said Wednesday, \u201cWe will not be commenting at this time.\u201d She was represented in negotiations toward the settlement this time.\u201d She was represented in negotiations toward the settlement agreement by a staff attorney for Council 4 of the union. agreement by a staff attorney for Council 4 of the union. The settlement is the latest move by in an extended effort to clean up a The settlement is the latest move by in an extended effort to clean up a mess that marred the 2018-19 academic year for the college that offers mess that marred the 2018-19 academic year for the college that offers online courses and \u201cDegrees Without Boundaries\u201d to adults. online courses and \u201cDegrees Without Boundaries\u201d to adults. Here\u2019s what else has happened in the case since it came to light in Here\u2019s what else has happened in the case since it came to light in a Jan. 5 a Jan. 5 Government Watch column Government Watch column:: The victim returned to work in late January, and has a new job and supervisor The victim returned to work in late January, and has a new job and supervisor at Charter Oak. (Barron, the $96,000-a-year master\u2019s degree program director, at Charter Oak. (Barron, the $96,000-a-year master\u2019s degree program director, was never her boss even though they worked together often.) was never her boss even though they worked together often.) Barron has been working from his home in Massachusetts since the victim\u2019s Barron has been working from his home in Massachusetts since the victim\u2019s return to the office, and it will be a permanent arrangement, per order of the return to the office, and it will be a permanent arrangement, per order of the college\u2019s president, Ed Klonoski. Avoiding a long daily commute would be college\u2019s president, Ed Klonoski. Avoiding a long daily commute would be envied by many, but spokesman Leigh Appleby said the purpose is to envied by many, but spokesman Leigh Appleby said the purpose is to keep Barron separated from the complainant. Klonoski reprimanded Barron keep Barron separated from the complainant. Klonoski reprimanded Barron in writing last Sept. 27 \u2014 citing \u201csufficient evidence\u201d of \u201cunwanted physical in writing last Sept. 27 \u2014 citing \u201csufficient evidence\u201d of \u201cunwanted physical contact,\u201d inappropriate comments and \u201cundesired solicitations.\u201d He also contact,\u201d inappropriate comments and \u201cundesired solicitations.\u201d He also ordered Barron to get sexual harassment awareness training. ordered Barron to get sexual harassment awareness training. The system obtained a short memo in April from an outside law firm it The system obtained a short memo in April from an outside law firm it retained to perform a \u201cclimate review\u201d in light of the victim\u2019s complaint of a retained to perform a \u201cclimate review\u201d in light of the victim\u2019s complaint of a perceived \u201cboys club atmosphere\u201d at the school did not find any perceived \u201cboys club atmosphere\u201d at the school did not find any corroborated evidence of an \u2018old boys club\u2019 atmosphere at the College,\u201d Sarah corroborated evidence of an \u2018old boys club\u2019 atmosphere at the College,\u201d Sarah Skubas, an attorney with the Hartford office of the national Jackson Lewis law Skubas, an attorney with the Hartford office of the national Jackson Lewis law firm that generally represents management, wrote in the brief April 15 legal firm that generally represents management, wrote in the brief April 15 legal memorandum. memorandum. The Connecticut State Colleges & Universities (CSCU) paid $9,056 for an outside law The Connecticut State Colleges & Universities (CSCU) paid $9,056 for an outside law firm to conduct an inquiry and submit a 11/4-page report on whether an \u201cold boys firm to conduct an inquiry and submit a 11/4-page report on whether an \u201cold boys club\u201d atmosphere exists at Charter Oak State College, in reaction to a complaint by a club\u201d atmosphere exists at Charter Oak State College, in reaction to a complaint by a sexual harassment victim. (Only the first page is shown.) Attorney Sarah Skubas, of sexual harassment victim. (Only the first page is shown.) Attorney Sarah Skubas, of the law firm Jackson Lewis, wrote that she found \u201cno corroborated evidence\u201d of an the law firm Jackson Lewis, wrote that she found \u201cno corroborated evidence\u201d of an \u201cold boys club\u201d atmosphere in her discussions with college employees. She wrote \u201cold boys club\u201d atmosphere in her discussions with college employees. She wrote that employees did talk of other perceived problems but left out certain that employees did talk of other perceived problems but left out certain \u201cparticulars.\u201d Instead of writing those particulars down, she spoke about them to a \u201cparticulars.\u201d Instead of writing those particulars down, she spoke about them to a system official. The memo concludes at the top of a second page as follows system official. The memo concludes at the top of a second page as follows: \u201cIt is important to recognize that many of the issues identified have been previously \u201cIt is important to recognize that many of the issues identified have been previously recognized by the College as part of a Strategic Plan process, with steps underway recognized by the College as part of a Strategic Plan process, with steps underway to address the same, including training, 360-degree management review and other to address the same, including training, 360-degree management review and other measures. Please contact me with any questions.\u201d The 11/4-page summary measures. Please contact me with any questions.\u201d The 11/4-page summary constitutes the entire written report received by the CSCU, a system spokesman constitutes the entire written report received by the CSCU, a system spokesman said. (Provided by Connecticut State Colleges and Universities system) said. (Provided by Connecticut State Colleges and Universities system) 2/16/25, 11:03 Jon Lender: State college makes settlement with administrator who complained of program director\u2019s hug, kiss, harassm\u2026 2/5 July 2018 draft of a \u201c2018-2022 Strategic Plan\u201d for the college had July 2018 draft of a \u201c2018-2022 Strategic Plan\u201d for the college had mentioned issues raised by employees, including a \u201cperceived gender bias in mentioned issues raised by employees, including a \u201cperceived gender bias in the workplace,\u201d a \u201cperceived existence of glass ceiling\u201d and a \u201cBoys Club the workplace,\u201d a \u201cperceived existence of glass ceiling\u201d and a \u201cBoys Club mentality with loose language.\u201d mentality with loose language.\u201d The loose language issue figured prominently into the victim\u2019s complaint The loose language issue figured prominently into the victim\u2019s complaint against Barron over the hug-and-kiss episode. \u201cTell me honestly, when against Barron over the hug-and-kiss episode. \u201cTell me honestly, when kissed you, you really wanted me to shove my tongue down your throat,\u201d she kissed you, you really wanted me to shove my tongue down your throat,\u201d she quoted him as saying in January 2018 about a month after the incident. She quoted him as saying in January 2018 about a month after the incident. She also complained that he once told her on the phone that he wanted her to also complained that he once told her on the phone that he wanted her to \u201cwear a see-through blouse with no bra\u201d and \u201ccrotchless panties\u201d to an \u201cwear a see-through blouse with no bra\u201d and \u201ccrotchless panties\u201d to an upcoming \u201copen house\u201d recruiting event for the college. upcoming \u201copen house\u201d recruiting event for the college. Barron denied kissing the victim, but said his alleged comments, although he Barron denied kissing the victim, but said his alleged comments, although he didn\u2019t remember specific words, were \u201cin the realm of \u2026 the kind of back-and- didn\u2019t remember specific words, were \u201cin the realm of \u2026 the kind of back-and- forth banter they would engage in,\u201d two state human resources employees forth banter they would engage in,\u201d two state human resources employees said in a September 2018 report on their investigation. They wrote that said in a September 2018 report on their investigation. They wrote that Barron \u201calso alleged that [the victim] engaged in similar conversations with Barron \u201calso alleged that [the victim] engaged in similar conversations with him,\u201d but they said they\u2019d found \u201cno evidence\u201d she actually did. him,\u201d but they said they\u2019d found \u201cno evidence\u201d she actually did. \u2018Lack of accountability\u2019 \u2018Lack of accountability\u2019 Skubas, in her April 15 memo to CSCU\u2019s vice president for human resources, Skubas, in her April 15 memo to CSCU\u2019s vice president for human resources, Steven Weinberger, said that although her inquiry didn\u2019t reveal the existence Steven Weinberger, said that although her inquiry didn\u2019t reveal the existence of a \u201cboys club atmosphere,\u201d employees had told her \u2014 in \u201centirely voluntary\u201d of a \u201cboys club atmosphere,\u201d employees had told her \u2014 in \u201centirely voluntary\u201d discussions \u2014 of other perceived problems. She wrote that \u201cmost of the discussions \u2014 of other perceived problems. She wrote that \u201cmost of the issues identified involved both female and male managers and the general issues identified involved both female and male managers and the general perception of lack of accountability by all genders. Indeed, several of the perception of lack of accountability by all genders. Indeed, several of the issues raised were directed at a particular female manager.\u201d issues raised were directed at a particular female manager.\u201d \u201cEmployees identified a lack of accountability and/or transparency,\u201d she \u201cEmployees identified a lack of accountability and/or transparency,\u201d she wrote. \u201cFor instance, some employees cited incidents of misconduct by wrote. \u201cFor instance, some employees cited incidents of misconduct by coworkers whereby they felt employee discipline should have occurred but coworkers whereby they felt employee discipline should have occurred but did not. The reporting employees did not have supervisory status and would did not. The reporting employees did not have supervisory status and would not have necessarily been privy had the College taken disciplinary action at not have necessarily been privy had the College taken disciplinary action at the time since that personnel information is confidential. Additionally, some the time since that personnel information is confidential. Additionally, some individuals acknowledged that this distrust is not attributable to recent individuals acknowledged that this distrust is not attributable to recent experiences; rather, a historical experience that lingers in the community.\u201d experiences; rather, a historical experience that lingers in the community.\u201d Skubas wrote that some employees \u201ccited comments by the College President Skubas wrote that some employees \u201ccited comments by the College President and the need for increased professionalism with respect to the same have and the need for increased professionalism with respect to the same have shared those particulars with you directly for follow-up.\u201d shared those particulars with you directly for follow-up.\u201d 2/16/25, 11:03 Jon Lender: State college makes settlement with administrator who complained of program director\u2019s hug, kiss, harassm\u2026 3/5 Asked what \u201ccomments by the College President\u201d Skubas was referring to, Asked what \u201ccomments by the College President\u201d Skubas was referring to, and what \u201cparticulars\u201d she\u2019d shared, the spokesman, Appleby, said and what \u201cparticulars\u201d she\u2019d shared, the spokesman, Appleby, said those were \u201cpersonnel matters that can\u2019t discuss.\u201d He said she\u2019d talked to those were \u201cpersonnel matters that can\u2019t discuss.\u201d He said she\u2019d talked to Weinberger about the \u201cparticulars,\u201d rather than making a record of them on Weinberger about the \u201cparticulars,\u201d rather than making a record of them on paper. Overall, Appleby said, \u201c18 people were interviewed as part of the paper. Overall, Appleby said, \u201c18 people were interviewed as part of the investigatory process.\u201d investigatory process.\u201d Although Skubas referred to her memo as a \u201csummary\u201d of her discussions Although Skubas referred to her memo as a \u201csummary\u201d of her discussions with employees, Appleby said there\u2019s no larger report. Her one-and-a-quarter- with employees, Appleby said there\u2019s no larger report. Her one-and-a-quarter- page memo constitutes the law firm\u2019s entire written submission to the CSCU, page memo constitutes the law firm\u2019s entire written submission to the CSCU, he said. he said. David Jimenez, a member of the Board of Regents, which oversees the CSCU, David Jimenez, a member of the Board of Regents, which oversees the CSCU, also is an attorney with Jackson Lewis. Asked about that, Appleby said Jimenez also is an attorney with Jackson Lewis. Asked about that, Appleby said Jimenez \u201chad nothing to do with retaining [Jackson Lewis] and abstains from any \u201chad nothing to do with retaining [Jackson Lewis] and abstains from any discussion or votes on matters the firm has been involved with.\u201d discussion or votes on matters the firm has been involved with.\u201d It was President Mark Ojakian who ordered review by the outside law It was President Mark Ojakian who ordered review by the outside law firm. He did that last December, after the victim sent Board of Regents firm. He did that last December, after the victim sent Board of Regents members a lengthy memo saying Klonoski went too easy on Barron with his members a lengthy memo saying Klonoski went too easy on Barron with his September reprimand, and, in effect, further victimized her. September reprimand, and, in effect, further victimized her. \u201cFor the past 12 months have also been a horrible statistic \u2014 a woman who \u201cFor the past 12 months have also been a horrible statistic \u2014 a woman who was sexually assaulted and harassed by a colleague at my workplace,\u201d she was sexually assaulted and harassed by a colleague at my workplace,\u201d she wrote. \u201cEven more horrific is that since reporting this crime have become wrote. \u201cEven more horrific is that since reporting this crime have become one of the many women who continue to be re-victimized due to a lack of one of the many women who continue to be re-victimized due to a lack of appropriate action, and even retaliatory behavior, on the part of my appropriate action, and even retaliatory behavior, on the part of my employer.\u201d employer.\u201d All in all, it\u2019s a safe bet Charter Oak could find a far better backdrop than all of All in all, it\u2019s a safe bet Charter Oak could find a far better backdrop than all of this for its this for its 2019 commencement ceremony 2019 commencement ceremony, scheduled for Sunday in the , scheduled for Sunday in the Welte Auditorium at the adjacent Central Connecticut State University in New Welte Auditorium at the adjacent Central Connecticut State University in New Britain. Britain. Klonoski tried to put the best face on what\u2019s been happening. Klonoski tried to put the best face on what\u2019s been happening. 2/16/25, 11:03 Jon Lender: State college makes settlement with administrator who complained of program director\u2019s hug, kiss, harassm\u2026 4/5 2019 2019 \ue907 \ue907May May \ue907 \ue90731 31 Originally Published: Originally Published: May 31, 2019 at 6:00 May 31, 2019 at 6:00 \u201cEnsuring that Charter Oak is a safe and welcoming environment for all of our \u201cEnsuring that Charter Oak is a safe and welcoming environment for all of our employees is and always has been a top priority. We take all potential employees is and always has been a top priority. We take all potential complaints with the utmost seriousness,\u201d he said in a written statement. complaints with the utmost seriousness,\u201d he said in a written statement. \u201cWhile am gratified that a thorough investigation uncovered no systemic \u201cWhile am gratified that a thorough investigation uncovered no systemic issues am committed to continual improvement of our workplace culture. issues am committed to continual improvement of our workplace culture. At the end of the day, our first priority must always be making sure our At the end of the day, our first priority must always be making sure our students have access to top quality online degree programs, and that starts students have access to top quality online degree programs, and that starts with our top quality faculty and staff.\u201d with our top quality faculty and staff.\u201d Jon Lender is a reporter on The Courant\u2019s investigative desk, with a focus on Jon Lender is a reporter on The Courant\u2019s investigative desk, with a focus on government and politics. Contact him at government and politics. Contact him at jlender@courant.com jlender@courant.com, 860-241-6524, , 860-241-6524, or c/o The Hartford Courant, 285 Broad St., Hartford 06115 and find him or c/o The Hartford Courant, 285 Broad St., Hartford 06115 and find him on Twitter@jonlender. on Twitter@jonlender. 2/16/25, 11:03 Jon Lender: State college makes settlement with administrator who complained of program director\u2019s hug, kiss, harassm\u2026 5/5", "8310_102.pdf": "Our administrative offices will be closed Friday, Febuary 14 and Monday, February 17 in observance of Lincoln and Washington's birthday. \u00d7 th th Director of Master of Science Program Named Charter Oak State College has named Thomas A. Barron, Jr., CAGS, MBA, MSOD, Director of its new online Master of Science in Organizational Leadership program. Barron comes to Charter Oak from American International College in Springfield, MA, where he was the Assistant Professor of Management of Graduate Business Programs. He was previously the Director of Graduate Business Programs and an Adjunct Faculty member teaching undergraduate and graduate business program courses with focuses in management, finance, and accounting. Barron also brings real world experience with corporate roles including Controller, Treasurer, Cost Accountant and Human Resources. Barron says of the program, \u201cThe Masters in Organizational Leadership Program develops and transforms its students into dynamic managers and leaders. This will be accomplished through the dissemination of applied knowledge and skill sets that encourages these future leaders to perceive future trends, identify and solve problems utilizing systems thinking, lead substantive change initiatives, and develop team members with the goal of improving individual, team, and organizational performance in their organization.\u201d The Master of Science in Organizational Leadership is a fully online, 33-credit program with the student\u2019s choice of a Business or Non-Profit Track. Prospective students can learn more at Classes begin this August. Charter Oak State College has been ranked #2 of 100 colleges for Best College for Returning Adults. The national rank was awarded by College Factual and announced by Forbes.com. Contact Us Have questions about the admissions process? We\u2019re here to help! \uf095Call: (860) 515-3701 \uf0e0admissions@charteroak.edu 2/16/25, 11:02 Director of Master of Science Program Named | Charter Oak State College 1/2 CharterOak.edu Charter Oak State College 185 Main Street New Britain 06051 Contact Us \uf095(860) 515-3800 \uf133Department Directory \uf29aAccessibility \uf29aReport a Concern Copyright \u00a9 1973-2024 Charter Oak State College Terms of Use Website Privacy Statement Sitemap 2/16/25, 11:02 Director of Master of Science Program Named | Charter Oak State College 2/2"} |
8,306 | Kurt Ludwigsen | Nyack College | [
"8306_101.pdf",
"8306_102.pdf",
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] | {"8306_101.pdf": "Ex-Nyack College Softball Coach Takes Deal In Sexual Harassment Case January 30, 2016 / 4:58 New York NYACK, N.Y. (CBSNewYork former women's softball coach at Nyack College accused of sexually harassing his players won't have to register as a sex offender as part of a deal, according to his attorney. In exchange, Kurt Ludwigsen has pleaded guilty to seven misdemeanor counts of forcible touching. He will serve three years of probation and complete community service, attorney David Goldstein said. \"He's ready to put it all behind him and get this over with,'' Goldstein said. But Ludwigsen still faces a civil lawsuit from three members of his team who claim he at one point also invited them to get life coaching from an adult film star. The 44-year-old married father of two was accused by more than a dozen players of kissing, touching and sexually harassing them, prompting authorities to charge him last April with nearly 200 counts. He was fired in March. In the ongoing civil lawsuit in Manhattan federal court, three members of the softball team claim the school failed to protect them against Ludwigsen. The suit is asking for unspecified damages. According to the lawsuit, Ludwigsen touched them inappropriately by licking their ears, telling them to sit on his lap, lying on top of them, kissing their faces and punching one of them in the breasts for perceived batting errors News Weather Congestion Pricing Sports Video New York Shows Your Hom 36\u00b0 Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/16/25, 11:03 Ex-Nyack College Softball Coach Takes Deal In Sexual Harassment Case New York 1/3 \u00a92025 Broadcasting Inc. All Rights Reserved. Terms of Use Privacy Policy Cookie Details News New York 10/55 Contact Us Contests & Promotions Program Guide Sitemap About Us Advertise Television Jobs \u00a9 2016 Broadcasting Inc. All Rights Reserved. Todd Krouner, a lawyer for the players, said they are \"delighted'' Ludwigsen admitted his guilt and \u00a9 Copyright 2016 Radio Inc. and its relevant subsidiaries and Logo and Copyright 2016 Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.) More from News Washington Heights residents say man is harassing, attacking women Mayor Adams on quid pro quo allegations: \"This is silly\" Bayside, Queens fire kills 3 people says In lawsuit, states seek to continue blocking Musk's access Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/16/25, 11:03 Ex-Nyack College Softball Coach Takes Deal In Sexual Harassment Case New York 2/3 Public File for Public File for Public Inspection File Help Applications Report Report 2/16/25, 11:03 Ex-Nyack College Softball Coach Takes Deal In Sexual Harassment Case New York 3/3", "8306_103.pdf": "Jenner & Block \u201cInsurer Duty to Defend Against Sexual Misconduct Allegations Broadly Construed by SDNY,\u201d Insurance Law Update In a recent opinion, Brotherhood Mutual Insurance Company v. Kurt Ludwigsen, the District Court for the Southern District of New York considered\u2026 Jenner & Block - Maria C. Liu Interested in contributing? Get closer to winning business faster with Lexology's complete suite of dynamic products designed to help you unlock new opportunities with our highly engaged audience of legal professionals looking for answers. Log in or register Please login or register to continue reading. Register Learn more 2/16/25, 11:04 \u201cInsurer Duty to Defend Against Sexual Misconduct Allegations Broadly Construed by SDNY,\u201d Insurance Law Update - Lexology 1/1", "8306_104.pdf": "Nyack College former women\u2019s softball coach Kurt Ludwigsen has been indicted on a slew of sexual abuse charges and other allegations. The county district attorney\u2019s office released a news publication saying he was indicted by a Rockland County jury on third-degree sexual abuse, two counts of second-degree harassment and 94 counts each of forcible touching. Prosecutors claim that the abuse occurred for a little more than a year between February 2014 and March 2015. The 44-year old married father of two used to run an internet phone company under the name Kurt Vogner where the callers were linked together with stars from the adult entertainment industry. Many of the students who attended Nyack \u2013 New York\u2019s Christian College were surprised of the allegations. Angelo D\u2019Amato commented saying \u201cSo sad. It\u2019s disappointing. We put a lot of requirements and expectations especially on coaches and teachers whatever the case may be, especially that they would be held to a certain standard.\u201d The case is being prosecuted by Richard K. Moran, an executive assistant attorney in Rockland County. Privacy - Terms Ex-Nyack College Softball Coach Brought Up On Sexual Abuse Charges Derek Smith Law Group \u00bb Ex-Nyack College Softball Coach Brought Up On Sexual Abuse Charges 2/16/25, 11:04 Ex-Nyack College Softball Coach Brought Up On Sexual Abuse Charges | Derek Smith Law Group 1/7 Update: Ludwigsen has pleaded guilty to misdemeanor charges which include seven counts of forcible touching. He will serve probation for three years and must carry out community service. As part of the plea bargain deal, his attorney says he plead guilty in exchange for not having to register as a sex offender. However Ludwigsen is not completely off the hook, in addition to community service and probation, he is still confronted with a civil suit. Three members of the softball team have filed suit in Manhattan federal court saying that the school did not protect them against Ludwigsen. They claim he would tell them to sit on his lap and he inappropriately touched them by licking their ears, kissing their faces, lying on top of them, and at one time he even punched one of the ladies in the breasts for batting incorrectly. The three plaintiffs are suing for an unspecified amount of damages. According to the Equal Employment Opportunity Commission, sexual harassment is illegal. What is Sexual Harassment? Sexual harassment is requested for sexual favors, unwelcome sexual advances, and other physical or verbal harassment of a sexual nature. Harassment doesn\u2019t have to be of sexual nature for it to be illegal. It may simply consist of offensive remarks about a person\u2019s gender. As an example, it is unlawful to harass a woman by making comments that are offensive about women in general. Are you or someone you know being sexually harassed? It\u2019s important that you understand in any situation at your job: 2/16/25, 11:04 Ex-Nyack College Softball Coach Brought Up On Sexual Abuse Charges | Derek Smith Law Group 2/7 If you feel uncomfortable with your co-worker, boss, or client\u2019s actions; If it adversely affects your job performance; or If it causes you mental or physical distress; Then you need to seek the professional advice of a sexual harassment attorney at the top-rated employment law firm, the Derek Smith Law Group. Call today to schedule a free consultation with one of our sexual harassment attorneys at the Derek Smith Law Group. You can reach us online or by calling 800-807-2209. Our employment law attorneys handle a multitude of cases including sexual harassment, discrimination, and many other employment-related claims. We serve clients throughout New York, including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. We also have offices in New Jersey, Philadelphia, and Miami to serve you. Posted on February 1, 2016 Categories Employment Laws, New Jersey Lawyer, New York City Lawyer, Philadelphia lawyer, Sexual Harassment, Uncategorized Tags adult entertainment industry, Carla Roberson, Kurt Ludwigsen, Kurt Vogner, New Jersey sexual harassment attorneys, new york sexual harassment attorneys, Nyack College, Philadelphia sexual harassment attorneys, Rockland County, Softball team Related Blogs The Effect of Sexual Harassment Training on Employees and Employers The Coronavirus Spreads Racism and Anti-Chinese Sentiment Harassment on the Job 2/16/25, 11:04 Ex-Nyack College Softball Coach Brought Up On Sexual Abuse Charges | Derek Smith Law Group 3/7 Share this Content Recent Posts Understanding Defamation: Types, Laws, and Legal Remedies Understanding Your Workplace Rights as a Pregnant Employee Understanding the Gender-Motivated Violence Protection Act and what is means for victims Honoring Lilly Ledbetter: Fighting for Wage Equality and Employee Rights Sean \u201cDiddy\u201d Combs\u2019 Charges Highlight Workplace Harassment: What This Means for Victims of Workplace Misconduct Categories Child Sexual Abuse compensation discrimination Disability Discrimination Discrimination Law employment contract Employment Discrimination Employment Law Employment Laws Family and Medical Leave Act Gender Discrimination 2/16/25, 11:04 Ex-Nyack College Softball Coach Brought Up On Sexual Abuse Charges | Derek Smith Law Group 4/7 Hostile Works Environment New Jersey Lawyer New York City Lawyer Philadelphia lawyer Pregnancy Discrimination pregnancy law Race Discrimination Rape & Sexual Assault Reasonable Accommodation Sexual Abuse Sexual Assault Sexual Harassment Sexual Orientation Discrimination Uncategorized Wage & Hour Law Wage & Hour Violations wage and hour violation Wage Discrimination Wrongful Termination 1. 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All Rights Reserved. | Site Map | Terms & Conditions | Design & Developed by Web Search Engineering 2/16/25, 11:04 Ex-Nyack College Softball Coach Brought Up On Sexual Abuse Charges | Derek Smith Law Group 7/7", "8306_105.pdf": "Ex-Nyack College softball coach gets probation for groping Kurt Ludwigsen sexually harassed players at Nyack College. Matt Spillane mspillane@lohud.com Published 1:39 p.m March 31, 2016 Updated 7:17 p.m March 31, 2016 Kurt Ludwigsen was sentenced to six years probation Thursday for groping his former softball players at Nyack College. The former coach at the evangelical Christian school had pleaded guilty in January to seven misdemeanor counts of forcibly touching women on the team. The 45-year-old did not face prison time and will not be added to the state sex-offender registry under the plea deal. Todd Krouner, the lawyer for six players also suing Ludwigsen in civil court, said Ludwigsen now lives in California, so the probationary sentence is dependent on California agreeing to supervise him there. Krouner said the players have to live with the sense that Ludwigsen escaped punishment. The players are worried that his behavior could recur in California, where he was previously investigated for sexual misconduct allegations. \"It is a sad day, not only for them (the players), but for all victims of sexual assault,\" Krouner said. Ludwigsen was arrested April 9 after South Nyack-Grand View police said they received complaints that the New Jersey resident had acted inappropriately with 13 players since October 2014, a month after he was hired by Nyack College. RELATED: Ludwigsen pleads guilty INDICTMENT: Coach wants abuse case dismissed PROBE: Ludwigsen was also investigated in California 2/16/25, 11:04 Ex-Nyack College softball coach gets probation for groping 1/2 Ludwigsen was initially hit with more than 200 sex-related charges, including seven felony counts of first-degree coercion and 94 misdemeanor counts each of third-degree sexual abuse and forcible touching. Players accused Ludwigsen of kissing, groping and inappropriately touching them on numerous occasions. Ludwigsen, a career softball coach, was investigated on similar allegations in California in 2013, though no criminal charges were filed. At the time of his arrest, Ludwigsen lived in Ridgewood, New Jersey, with his wife and two children, though his wife's attorney said last year she had filed for divorce. The six players have filed a federal lawsuit against Ludwigsen, who has also used the name Kurt Vogner, and Nyack College officials on sexual-harassment allegations. Twitter: @MattSpillane 2/16/25, 11:04 Ex-Nyack College softball coach gets probation for groping 2/2"} |
9,032 | Daniel Marks | Oregon Health & Science University | [
"9032_101.pdf"
] | {"9032_101.pdf": "Independent Investigator Slams OHSU\u2019s Handling of Sexual Harassment Complaints Report says president Danny Jacobs \u201cunfairly pinned too much of the blame\u201d for the scandal on ousted medical school dean David Jacoby. Expand Oregon Health & Science University. (Brian Burk) By Lucas Manfield April 29, 2024 at 5:50 pm 2/16/25, 11:05 Independent Investigator Slams OHSU\u2019s Handling of Sexual Harassment Complaints 1/11 An independent investigator today handed Oregon Health & Science University\u2019s board of directors an 87-page report faulting the school\u2019s handling of allegations that a top doctor had secretly taken photos of female students. In October 2022, a medical student told school administrators that a professor, Daniel Marks, was secretly taking photos of women in his graduate school classroom. It would take more than a year for the school to show him the door, during which it fumbled the investigation and paid Marks a $46,000 bonus. The fallout has cost the medical school dean who first heard the complaint, David Jacoby, his position. But the independent report released today, conducted by Schneider Education & Employment Law at the behest of the school\u2019s board of directors, largely lays blame elsewhere. \u201cThe root cause of the issues which necessitated this review, caused a campus maelstrom, and, most importantly, negatively impacted students is that [the Affirmative Action and Equal Opportunity Department\u2019s] handling of this matter from November 2022\u2013February 2023 was replete with fundamental errors,\u201d it says. The school\u2019s president Danny Jacobs \u201cunfairly pinned too much of the blame\u201d fo the scandal on Jacoby, the report says, in an apparent effort to dispel further scrutiny of school administrators\u2019 myriad failures. Dr. Jeffrey Jensen, vice chair of research in obstetrics and gynecology, and a voca critic of OHSU\u2019s top management, said the report shows that wrongfully 2/16/25, 11:05 Independent Investigator Slams OHSU\u2019s Handling of Sexual Harassment Complaints 2/11 dismissed Jacoby from his position as dean. Jensen organized a protest in support of Jacoby in February. \u201cMy hope is that Danny Jacobs will take responsibility for this and resign so that can heal,\u201d Jensen said in an interview. \u201cThere needs to be change.\u201d The AAEO\u2019s struggles were well documented at the time. In 2021, the school hir former Attorney General Eric Holder\u2019s law firm to review its sexual misconduct complaint processes in the wake of a lawsuit. It found the was understaffe and that investigations took too long. The board paid Holder\u2019s firm $6.5 million and promised to \u201ccommit to culture change.\u201d Instead, Schneider found, short-staffing at the division grew worse as experience investigators fled. The school was forced to bring in a consulting firm, Grand River Solutions, to handle the backlog of complaints. It was those consultants who first reviewed and ultimately dismissed the early complaint against Marks, finding \u201cno substantial violations\u201d despite being given photo showing Marks with his phone under a table aimed at two female students wearing skirts. \u201cAs an experienced investigator interviewed as part of this review aptly put it, th photo is \u2018as close to a smoking gun as we ever get in any of these cases,\u2019\u201d Schneider\u2019s report says. Still closed the case, citing \u201cno substantiated violations\u201d without attempting to retrieve photos from Marks\u2019 OHSU-supplied phone or even interview the two victims. The recent law school graduate initially 2/16/25, 11:05 Independent Investigator Slams OHSU\u2019s Handling of Sexual Harassment Complaints 3/11 put in charge of the investigation \u201chad no experience investigating discrimination reports,\u201d the report found investigators did Marks other favors. They notified him, but not the stude who complained, of his right to have an attorney present at interviews, and claim later that the student had not formally requested an investigation, despite telling the student otherwise. Under pressure from students and faculty understandably outraged by the investigation\u2019s dismissal, school administrators realized their mistake reopened the investigation and, this time, demanded Marks\u2019 phone. He handed it over, but someone, presumably him or his wife, had remotely wiped it prior to investigators reviewing its contents. Ultimately, in September 2023 found it \u201cmore likely than not\u201d that Mark was guilty of the accusations and recommended he be fired. Still, Marks wasn\u2019t immediately shown the door, nor was he put on administrativ leave. In fact, he continued presiding over a student dissertation defense and earned a Presidential Recognition Award, with a hefty financial bonus, before finally resigning in November, the report notes. Amid the uproar, the report found, top school administrators attempted to shift blame onto Dean Jacoby, who had fielded the original complaint and approved a list of employees eligible for the bonus. In January, Jacobs told Jacoby \u201cit is clear 2/16/25, 11:05 Independent Investigator Slams OHSU\u2019s Handling of Sexual Harassment Complaints 4/11 we have a crisis on hand related to your handling of the Marks matter\u201d and shortl thereafter asked him to step down. But, the report finds, Jacob\u2019s claim \u201cwas inappropriate and unfairly pinned too much of the blame for the institutional mishandling of this matter on Dr. Jacoby.\u201d While Jacoby didn\u2019t immediately forward the report to AAEO, he wasn\u2019t the only school administrator that initially failed to classify the complaint as potential sex based discrimination\u2014so too did the initially after another administrator reported students\u2019 complaints. \u201cThe university should not blame others when missteps,\u201d the report says. The report issued a series of recommendations to fix flaws in the complaint process. They include hiring new investigators for the AAEO, which is now calle the Office of Civil Rights Investigations and Compliance, and having the office report directly to the school president. \u201cWe also want to pause and apologize for all that happened to get us to this point Jacobs and board chair Wayne Monfries said in a statement in response to the report. \u201cWe will continue to change and improve; we are not there yet.\u201d Lucas Manfield Lucas Manfield covers health care. Willamette Week\u2019s reporting has concrete impacts that change laws, force action from civic leaders, and drive compromised politicians from public office. Support WW's journalism toda 2/16/25, 11:05 Independent Investigator Slams OHSU\u2019s Handling of Sexual Harassment Complaints 5/11 4 days ago 5 comments The Oregon Department of State Lands\u2019 case to get Ross Island Sand & \u2026 Court Court Case Case Over Over the the Reclamation Reclamation of of \u2026 \u2026 \u2022 4 days ago 27 comments Committees of the new Portland City Council focusing on a range of \u2026 Portland City Council Portland City Council Committees Kick Off Committees Kick Off \u2022 3 days ago 5 comments mural of Damian Lillard appeared in 2020 next to an upholstery supply shop \u2026 Damian Damian Lillard Lillard Establishes Establishes \u2026 \u2026 \u2022 5 & s 2/16/25, 11:05 Independent Investigator Slams OHSU\u2019s Handling of Sexual Harassment Complaints 6/11 Willamette Week Comment Policy Comments that are irrelevant or incendiary will be deleted. Disruptive users will be banned at WW's discretion. Got it What do you think? 2 Responses 0 Ratings Want more? Subscribe to Willamette Week's newsletter to get the best of each issue delivered straight to your inbox. Subscribe Hide this message Share Best Newest Old Upvote Funny Love Surprised Angry Sad \u2605\u2605\u2605\u2605\u26050.0 7 Comments \ue603 1 Login Rate and comment Name \u2605\u2605\u2605\u2605\u2605 Join the discussion\u2026 ? Enter email address \u2709 Dreamweaver \u2212 \u2691 10 months ago edited Contrary to this report, there are several Sr., experienced people who left who a ll bl i i b hi l i d i d l 2/16/25, 11:05 Independent Investigator Slams OHSU\u2019s Handling of Sexual Harassment Complaints 7/11 Reply equally problematic in botching, lying, and covering up scandals. Furthermore, the attorneys in and those that handle med mal cases for are equally capable of lying or turning a story around on whistleblowers to keep th scandals from surfacing. It\u2019s easy blaming this on Danny Jacobs. Embarrasing, unethical, political, and sometimes criminal and civil legal matters have been intentionall and unintentionally hidden going back under the watch of Dr. Kohler and Dr. Roberts too is the Mecca for denying, accusing, and reversing the victim and perpetrator dynamic. Where\u2019s the Oregon on this? Where\u2019s Gov. Kotek on this? Where\u2019s Fmr. Gov. Kitzhaber this? If the women MD/PhD students (victims) had filed a report with the police/security there would have at least been been a paper trail at (that is a public record), maybe an opportunity for the police to confiscate and examine Dr. Mark\u2019s phone for evidence. Police cou gather other witnesses\u2019 testimony to bolster the evidence. All this could have been done with police and without placing the burden of mandatory reporting to on Jacoby, which still, probably has not been done. Likewise, the victims could also have file a complaint with the after the police secured evidence. This all could have been do before Dr. Mark\u2019s had any opportunity to erase the \u201csmoking gun evidence\u201d or let investigators , the President, and various deans, etc. confound the matter. 2 0 Lola \u2212 \u2691 > Dreamweaver 10 months ago And since every bureaucracy has its hierarchies, think what this says about how treats its patients, who are the lowest of the low. We had a provider who made a mistake simple apology would have gone far, but they lied flat out, an staff who weren\u2019t there and had no personal knowledge of what happene backed them up 100%. Who could ever put their trust in a system like this again Get Portland's top stories delivered straight to your inbox, everyday. Sign up for our Daily Primer newsletter. indicates required * Email Address * 2/16/25, 11:05 Independent Investigator Slams OHSU\u2019s Handling of Sexual Harassment Complaints 8/11 Latest Posts \u201cWe Will Not Be The Same Bureau Director War As Budget Crisis Looms Subscribe 2/16/25, 11:05 Independent Investigator Slams OHSU\u2019s Handling of Sexual Harassment Complaints 9/11 Parents Say a School District Failed to Properly Teach Reading\u2014and the Oregon Department of Education Is Letting It Slide What\u2019s With All the \u201cStudent Driver\u201d Bumper Stickers? Wyden, Merkley and Bonamici Pledge to Stop Cuts That Threaten Rural Oregonians Are Already Choking on Utility Bills. Trump\u2019s Executive Orders Could Make Matters Worse. Portland Snow Day Photo Contest Winners Revealed, Plus Other Favorites 2/16/25, 11:05 Independent Investigator Slams OHSU\u2019s Handling of Sexual Harassment Complaints 10/11 Arlene Schnitzer Visual Arts Prize Honors Three Emergi Artists 2/16/25, 11:05 Independent Investigator Slams OHSU\u2019s Handling of Sexual Harassment Complaints 11/11"} |
7,784 | Debasis Chaudhuri | University of Nebraska | [
"7784_101.pdf",
"7784_102.pdf",
"7784_103.pdf",
"7784_104.pdf",
"7784_105.pdf",
"7784_106.pdf"
] | {"7784_101.pdf": "Free Republic Browse \u00b7 Search News/Activism Topics \u00b7 Post Article Skip to comments Prof. attempted to rape student who dressed too sexy Lincoln Journal Star ^ | Oct. 16, 2003 | Leah Thorsen Posted on 10/16/2003, 7:41:05 by angel90210 University of Nebraska-Lincoln visiting professor tried to sexually assault a student in his office, saying she asked for it because of how she was dressed, police allege in court documents. Debasis Chaudhuri, 41, was charged Tuesday with attempted first-degree sexual assault and with first-degree false imprisonment. Chaudhuri, a computer engineering professor on a temporary teaching assignment from India, has been relieved of his teaching duties, said Meg Lauerman, a university spokeswoman. He was arrested Sunday after the student filed a report with UNLpolice. The student told police she went to his Ferguson Hall office Oct. 9 to talk about grades. He closed the door, pinned her down in a chair and fondled her while she tried to push him away, according to court documents. After she told him he was a professor and what he was doing was wrong, he shoved his hand down her skirt and tried to pull down her underwear, the documents say. She also said he held her in the chair and told her to write down her phone number after he fondled her. Chaudhuri later told police he lost his mind for a few seconds and blamed the student for the incident because of the way she was dressed, documents say. According to crime statistics, only three sexual assaults on campus were reported to UNLpolice from 2000 to 2002, the most recent figures available Tuesday. Chaudhuri had been at UNLsince August and has a wife and a child in India, according to a request for a court- appointed lawyer. He had been granted a nine-month appointment at UNLand was in his first semester of teaching, Lauerman said. He had a research interest in image processing, an area other professors were interested in studying. \"It was a mutual opportunity for collaborative research,\" Lauerman said of Chaudhuri's appointment. Other professors have taken over teaching his classes, she said secretary in UNL's Department of Computer Science and Engineering referred questions about the matter to the university's communications department late Tuesday afternoon. Chaudhuri remained in the Lancaster County Jail Tuesday night. His next court appearance is scheduled for Oct. 28. 2/16/25, 11:05 Prof. attempted to rape student who dressed too sexy 1/5 TOPICS: Crime/Corruption; Culture/Society; Foreign Affairs; News/Current Events; US: Nebraska KEYWORDS: coedsinheat; lincoln; nebraska; popculture; rape; se7ensins; university Navigation: use the links below to view more comments. first 1-20, 21-40, 41-60, 61 next last Well, maybe all women should wear burkas so horny men won't get turned on. 1 posted on 10/16/2003, 7:41:07 by angel90210 [ Post Reply | Private Reply | View Replies] To: angel90210 Sounds like the professor wasn't \"getting\" enough at home. 2 posted on 10/16/2003, 7:44:38 by Ken522 [ Post Reply | Private Reply | To 1 | View Replies] To: angel90210 Does care about attacks like this even if a white, Christian Republican isn't the perp? 3 posted on 10/16/2003, 7:46:17 by Tacis [ Post Reply | Private Reply | To 1 | View Replies] To: angel90210 Sounds like he only wanted a slice of that Tandoori pie... 4 posted on 10/16/2003, 7:51:34 by donozark [ Post Reply | Private Reply | To 1 | View Replies] To: angel90210 Send him on to Lincoln. Maybe he could spark up the Nebraska football offense. He seems plenty offensive. Solich should be interested. 5 posted on 10/16/2003, 7:54:40 by Ole Okie (Go, Sooners.) [ Post Reply | Private Reply | To 1 | View Replies] To: angel90210 From India Was he hindu, sikh or muhammedan? 6 posted on 10/16/2003, 7:54:49 by HuntsvilleTxVeteran = clinton, chiraq, chretien, and putin = stalin wannabes) [ Post Reply | Private Reply | To 1 | View Replies] To: Howlin; Ed_NYC; MonroeDNA; widgysoft; Springman; Timesink; dubyaismypresident; Grani; coug97; ... Just damn. If you want on the new list, FReepmail me. This a high-volume list... [As i mentioned, the & JD! lists are going to float into and out of whack over the forseeable future, while try to cobble a rig back together for myself. My apologies for any incovenience or misunderstandings in this 2/16/25, 11:05 Prof. attempted to rape student who dressed too sexy 2/5 time frame. New signups/removals may be flaky in this time-frame as well; please bear with me, and keep in mind you may have to FReepmail me more than once for me to get it done. Thanks again!] 7 posted on 10/16/2003, 7:55:58 by mhking (When it rains it pours: I'm looking for a job again -- any offers or help: mhking@bellsouth.net) [ Post Reply | Private Reply | To 1 | View Replies] To: HuntsvilleTxVeteran Religions of India (2000): Hindu 81.3% Muslim 12% Christian 2.3% Sikh 1.9% Other groups including Buddhist, Jain, Parsi 2.5% (2000) Source World Factbook 8 posted on 10/16/2003, 7:59:39 by Cultural Jihad [ Post Reply | Private Reply | To 6 | View Replies] To: angel90210 Well, maybe all women should wear burkas so horny men won't get turned on. There's a very small likelihood you have the right religion. Most likely he's Christian or Hindu. 9 posted on 10/16/2003, 8:00:11 by antiRepublicrat [ Post Reply | Private Reply | To 1 | View Replies] To: angel90210 Ask him if he knows anything about a Swiss Diplomat. 10 posted on 10/16/2003, 8:01:03 by Ronin (Qui docet discit!) [ Post Reply | Private Reply | To 1 | View Replies] To: angel90210 According to crime statistics, only three sexual assaults on campus were reported to UNLpolice from 2000 to 2002, the most recent figures available Tuesday wouldn't be surprised if all three involved Christian Peter... 11 posted on 10/16/2003, 8:06:48 by NittanyLion (Character Counts) [ Post Reply | Private Reply | To 1 | View Replies] To: antiRepublicrat Debasis Chaudhuri is a Bengali Hindu name. West Bengal is the last major bastion of Communism in India. Did his leftist views help him get the job? 12 posted on 10/16/2003, 8:10:45 by IndianChief [ Post Reply | Private Reply | To 9 | View Replies] To: angel90210 Middletown New York will hire him. They hired a guy named Sigler who liked young boys. Sigler is now enjoying his first prison beat down, and is scared for his life. 2/16/25, 11:05 Prof. attempted to rape student who dressed too sexy 3/5 He claims it was 'only love' with a 15 year old boy... Middletown would hire this guy in a heartbeat. Then they'd have someone to police the 'high school hoochie' dressers they scream about while teaching same kids how to put condoms on bananas and that meaningless sex is okay, you shouldn't be thought of as a tramp... / rant against schoolboard moronicism off. 13 posted on 10/16/2003, 8:11:28 by Darksheare (Resistance is futile, but we may be placated with chocolates and shiny trinkets to add to our hord.) [ Post Reply | Private Reply | To 1 | View Replies] To: Ken522 \"Debasis Chaudhuri, 41,..\" Them \"good ole boys\" from southern Pakistan beat all, don't they? 14 posted on 10/16/2003, 8:15:50 by billhilly (If you're lurking here from trust this post will make you sick) [ Post Reply | Private Reply | To 2 | View Replies] To: angel90210 Perhaps he's just sexually assaulting the students that American professors wouldn't assault. 15 posted on 10/16/2003, 8:19:47 by csvset [ Post Reply | Private Reply | To 1 | View Replies] To: Ken522 Good thing that Professor doesn't teach here at the University of West Florida! There are some sweeeeeeet gals walking around this campus! 16 posted on 10/16/2003, 8:24:29 by [ Post Reply | Private Reply | To 2 | View Replies] To: angel90210 When it comes to hiring visiting professors' U.N.L. does not do background checks 17 posted on 10/16/2003, 8:30:01 by csvset [ Post Reply | Private Reply | To 1 | View Replies] To: antiRepublicrat According to the stats he's most likely 1. Hindu followed by 2. Muslim 18 posted on 10/16/2003, 8:37:25 by joesnuffy (Moderate Islam Is For Dilettantes) [ Post Reply | Private Reply | To 9 | View Replies] To: angel90210 Dave Chappell said \"Women who dress like whores may not be whores but they sure are wearing the uniform.\" Sorry, but thought that was funny. Now, don't flame. I'm not saying this geek had the right to do what he did. But doubt seriously if he'll be deported. Diversity, you know. 19 posted on 10/16/2003, 8:42:07 by Terry Mross [ Post Reply | Private Reply | To 1 | View Replies] 2/16/25, 11:05 Prof. attempted to rape student who dressed too sexy 4/5 To: angel90210 very wierd to read this after the later thread on the Swiss Diplomat who was raped in India, and another woman (Indian think) who was also assaulted at the same event. Could this man clone himself and be committing similar crimes on two continents at the same time? Sort of like a reverse superhero? 20 posted on 10/16/2003, 8:42:55 by jocon307 (Go Red Sox, you're our final hope!) [ Post Reply | Private Reply | To 1 | View Replies] Navigation: use the links below to view more comments. first 1-20, 21-40, 41-60, 61 next last Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works. Free Republic Browse \u00b7 Search News/Activism Topics \u00b7 Post Article FreeRepublic 9771 93794 FreeRepublic.com is powered by software copyright 2000-2008 John Robinson 2/16/25, 11:05 Prof. attempted to rape student who dressed too sexy 5/5", "7784_102.pdf": "We are currently undergoing maintenance on some services, which may temporarily affect access to subscription accounts and the E-edition. We apologize for any inconvenience and appreciate your patience as we work to resolve the issues 1 2 70075c4808a8.html Former visiting professor gets jail sentence butch mabin Apr 19, 2004 wo days before his scheduled trial, a former University of Nebraska-Lincoln visiting professor Monday pleaded no contest and was sentenced for sexually assaulting a student last year. Lancaster County District Court Judge Steven D. Burns accepted the plea of Debasis Chaudhuri, 42, to misdemeanor sexual assault and sentenced him to 60 days in jail. Under county good-time guidelines, Chaudhuri could be released in 42 days. In addition, Burns gave the computer science and engineering professor credit for 16 days he has already spent in custody. Chaudhuri, a citizen of India, began teaching at UNLin August. According to prosecutors, one of Chaudhuri's students came to his office on the UNLcampus around 5 p.m. on Oct. 9 to talk about grades. At Monday's hearing, Chaudhuri admitted that he had grabbed the woman's breast and fondled her against her will. Nebraska man first in state to file federal lawsuit challenging legality of keeps transgender policy in wake of Trump executive order People are also reading\u2026 2/16/25, 11:06 Former visiting professor gets jail sentence 1/3 3 4 5 'Incredibly disappointing' \u2014 Families worry after Nebraska joins suit against disability protections Lincoln looking at more snow, coldest weather of season 6 Oils to Try for Relaxation Deputy Lancaster County Attorney Bruce Prenda told Burns that Chaudhuri told police the student was at fault because her provocative dress caused him to lose control of himself. Chaudhuri, seated next to his attorney, answered softly while being asked by Burns throughout the hearing whether he understood the proceedings. In exchange for his plea, prosecutors agreed to seek dismissal of the more serious charge against Chaudhuri, attempted first-degree sexual assault. That charge carries a maximum penalty of 20 years in prison. Prosecutors also sought dismissal of an additional charge of misdemeanor false imprisonment. Chaudhuri's lawyer, Kirk Naylor of Lincoln, told Burns before sentencing that his client had acted inappropriately but that the student's complicity in the encounter remained an unsettled question. In comments after the hearing, Naylor said he reached the plea deal, rather than take the case to trial, partly because Chaudhuri's visa is set to expire May 14. Chaudhuri intends to return to India, where he has a job, a wife and a child. He was scheduled to go to trial Wednesday. \"Had he been a citizen - quite frankly we would not have made this arrangement,\" Naylor said. Naylor said he was unsure what would happen if Chaudhuri is still in jail when his visa expires. 2/16/25, 11:06 Former visiting professor gets jail sentence 2/3 Under the sentence imposed Monday, Chaudhuri's release date and visa expiration date could be close together. Since the Sept. 11, 2001, terrorist attacks, Naylor said, immigration issues have become more complicated. Reach Butch Mabin at 473-7234 or bmabin@journalstar.com. 2/16/25, 11:06 Former visiting professor gets jail sentence 3/3", "7784_103.pdf": "fcc7-5296-b2bc-6c95d1513445.html Student allegedly sexually assaulted by professor Staff Writer Oct. 16, 2003 Chaudhuri Also read \"Sexual assault charges raise concerns at UNL\" Students of a professor charged with first-degree sexual assault said Wednesday they thought he'd been removed from class because of complaints they'd made about not being able to understand his accent. Junior computer engineering major Tim Steiner, one of the 40 students in Numerical Analysis I, said a lecturer headed up Tuesday's class in place of Debasis Chaudhuri. 2/16/25, 11:06 Student allegedly sexually assaulted by professor | | dailynebraskan.com 1/3 Steiner said he recently had e-mailed his classmates about organizing an official complaint against Chaudhuri, a visiting professor of computer science from India, because his heavy accent made lectures difficult. \"We thought they had just given us a new teacher because of complaints,\" Steiner said. Chaudhuri has been relieved of his duties until the sexual assault charges are investigated, University of Nebraska-Lincoln officials said. Police arrested Chaudhuri early Sunday after a student alleged he assaulted her when she went into his Ferguson Hall office to talk about her grades. Chaudhuri was in jail Wednesday and had posted 10 percent of his $50,000 bond Police Chief Owen Yardley said. His next hearing is scheduled for Oct. 28 at 2:30 p.m., when he will be represented by a public defender. Chief deputy county attorney Joe Kelly said in addition to the sexual assault charge, Chaudhuri was charged with false imprisonment. According to court documents, when the student was in Chaudhuri's office, he shut the door and pinned her in a chair, where he groped her chest. She struggled with him and told him professors were not to behave that way. Then he reached down her skirt and attempted to remove her underwear, the documents say. He then got up and made her write down her phone number as held her in the chair. The victim later told police she thought she was going to be raped. According to court documents, Chaudhuri admitted to the assault. He reportedly said he lost his mind for a few seconds because of what he said was the woman's inappropriate dress. Chaudhuri had started a nine-month residency at in December. He has a wife and child in India. 2/16/25, 11:06 Student allegedly sexually assaulted by professor | | dailynebraskan.com 2/3 University spokeswoman Meg Lauerman said the university put him on leave when the allegations surfaced know he is relieved of his duties at until the case is resolved,\" Lauerman said. University spokesman David Fitzgibbon said Chaudhuri remained on the payroll. If the university feels there is any wrongdoing after an internal investigation, it could terminate his employment, Fitzgibbon said. Chaudhuri came to to participate in research with other professors, Lauerman said. She said visiting professors attend an orientation session before they teach. They are also given a policy manual. Richard Sincovec, chairman of the Computer Science and Engineering Department said several faculty members met Chaudhuri at a convention three years ago. Chaudhuri subsequently inquired about a visiting professorship, Sincovec said. He shared a common interest with a few professors in the field of image processing. In the image-processing area of computer science, algorithms are used to enhance images, Sincovec said. This technology could be used to look at tumors or satellite images of the earth, Fitzgibbon said. Sincovec said as part of Chaudhuri's appointment at the university, he was asked to teach an undergraduate computer science class. Another student in his Numerical Analysis class, senior mathematics major Tessa Matthews, said the students in the class had voiced complaints about Chaudhuri's teaching. \"He seemed really frustrated teaching us,\" she said. Steiner said the inability to understand things Chaudhuri said forced students to learn the bulk of the material on their own. 2/16/25, 11:06 Student allegedly sexually assaulted by professor | | dailynebraskan.com 3/3", "7784_104.pdf": "8f3b-5fab-b8f3-99117b11a407.html Trial set for visiting professor accused of sexual assault Assignment Writer Feb. 27, 2004 The trial date has been set for a University of Nebraska-Lincoln visiting professor accused of the sexual assault of a student. Debasis Chaudhuri, a visiting professor from India, will face a three-day trial, April 21-23. The date was set at his pre-trial conference Thursday. The final trial date could change, though, in case of scheduling conflicts. Kirk Naylor, Chaudhuri's attorney, said his client's visa would expire May 14. Naylor requested Chaudhuri's trial date be set before the visa expiration. Special permission had to be granted by Immigration and Naturalization Services for Chaudhuri to stay in the country until the date, Naylor said. If Chaudhuri remained in the United States after the expiration date, he would be taken into custody by immigration services, Naylor said. Chaudhuri was charged Oct. 12, 2003, with attempted first-degree sexual assault, third-degree sexual assault and second-degree false imprisonment. According to reports, Chaudhuri sexually assaulted a student while she was visiting his Ferguson Hall office Oct. 9, 2003. Chaudhuri reportedly told police he lost his mind for a few seconds because of the way the student was dressed. After being charged, Chaudhuri was relieved of his teaching duties. 2/16/25, 11:06 Trial set for visiting professor accused of sexual assault | | dailynebraskan.com 1/2 He was a visiting professor of computer science and has been in the United States since August 2003. If convicted of first-degree sexual assault, Chaudhuri could face up to 20 years in prison and up to a $25,000 fine. The deputy county attorney representing the student Chaudhuri allegedly assaulted said he also had experienced scheduling conflicts. Bruce Prenda said the student's foreign exchange student visa expired last week and she returned to her native country. The student was trying to renew her visa, Prenda said, to return to the United States for the trial. If she is unable to return before the trial date or the expiration of Chaudhuri's visa, Prenda said a deposition would be used in place of her own testimony. But Prenda said he expected the student to return in late April or early May. \"It is her intent to return as quickly as possible,\" he said. 2/16/25, 11:06 Trial set for visiting professor accused of sexual assault | | dailynebraskan.com 2/2", "7784_105.pdf": "TOI+ ( product=TOI&productCode=TOIPLUS&plt=TOI&acqSubSource=TOIWeb&ru=https%3A%2F%2Ftimesofindia.indiatimes.com%2Findian- prof-pleads-not-guilty-of-sex-charges%2Farticleshow%2F329654.cms) s=21) (https (https (https (https ( 29, 2003 Indian prof pleads not guilty of sex charges / Nov 29, 2003, 11:28 (/articleshowprint/329654.cms (HTTPS://NEWS.GOOGLE.COM/PUBLICATIONS/CAAQBWGKMM6Y_QOWWU70AG) Trending Stories In World Entire Website (HTTPS://TIMESOFINDIA.INDIATIMES.COM/WORLD) / I\u2026 -trumps-living-situation-in-college/articleshow/113798807.cms) Harvard Application Process ( diatimes.com/world/middle-east/israel-hezbollah-war-news-live-updates-israeli-air-strikes-lebanon-killed-hassan-nasrallah-beirut-hezbollah-new-cheif-hashem-safieddine-iran-ayatollah-ali-kh -trumps-living-situation-in-college/articleshow/113798807.cms) Harvard Application Process ( diatimes.com/world/middle-east/israel-hezbollah-war-news-live-updates-israeli-air-strikes-lebanon-killed-hassan-nasrallah-beirut-hezbollah-new-cheif-hashem-safieddine-iran-ayatollah-ali-kh -trumps-living-situation-in-college/articleshow/113798807.cms) Harvard Application Process ( diatimes.com/world/middle-east/israel-hezbollah-war-news-live-updates-israeli-air-strikes-lebanon-killed-hassan-nasrallah-beirut-hezbollah-new-cheif-hashem-safieddine-iran-ayatollah-ali-kh visiting professor from India who was accused of sexual misbehaviour with a girl student has pleaded not guilty to charges brought against him. <div class=\"section1\"><div class=\"Normal visiting professor from India who was accused of sexual misbehaviour with a girl student has pleaded not guilty to charges brought against him.<br /><br />Debasis Chaudhuri, a 41-year-old professor of computer science at the University of Nebraska, Lincoln, sat in the courtroom with his elbows on his knees and his head resting on cupped hands.<br /><br />When his name was announced at the trial last week, a prosecutor read the charges against Chaudhuri \u00e2\u20ac\u201d attempted first degree sexual assault, third degree sexual assault and second- degree false imprisonment, a media report said.<br /><br />Chaudhuri answered \"yes\" in response to the court''s question of whether he understood the charges brought against him, <span style=\"\" font-style:=\"\" italic=\"\">Daily Nebraskan</span> reported.<br /><br />The University of Nebraska had relieved Chaudhuri, who was on a nine-month teaching stint with the university since August and was appointed to teach an undergraduate computer science class, of his teaching duties once the police arrested him last month and brought up the charges.<br /><br />Chaudhuri, who has a wife and child in India, was arrested at his home in Lincoln on October 12 and charged with first-degree sexual assault of a female university student. The assault allegedly occurred on October 9 in Chaudhuri''s Fergusan Hall Office when she had gone there to discuss her grades.<br /><br /></div> </div><div Earth gets a \u2018mini moon\u2019 for 2 months and it has a Mahabharata\u2026 \u2018Indian applicants likely to be excluded from Harvard\u2019s applicatio\u2026 'Pakistan ka captain baitha hai, show respect': Drama at press\u2026 Actor Govinda suffers bullet injury as revolver misfires, hospitalised\u2026 Earth has two moons now, but is the 'second moon' visible from India 22 World Presidential Elections (Https://Timesofindia.Indiatimes.Com/World/Us/Us-Presidential-Elections (Https://Timesofindia.Indiatimes.Com/World/Us) Paki 2/16/25, 11:06 Indian prof pleads not guilty of sex charges - Times of India 1/4 Photostories class=\"section2\"><div class=\"Normal\"><br />The girl student told the police that Chaudhuri pinned her to a chair, fondled her and forced her to give her phone number. The victim also said that she thought she was going to be raped, the newspaper reported.<br /><br />According to police reports, the student''s cell phone bill indicated Chaudhuri called her up 11 times on the day of the assault. <br /><br />The Professor claimed he had lost his mind for a few moments because of the woman''s \"inappropriate dress\".<br /><br />The case has been posted for trial on January 20. If convicted of the main charge of first-degree sexual assault, Chaudhuri could face up to 20 years in prison, a fine of $25,000 and payment to the victim. If convicted of third-degree sexual assault, he could face a minimum of one year in prison and a fine of $1,000 or any combination of the two.<br /><br />For the second-degree false imprisonment charge, Chaudhuri could face upto one year in prison, upto $1,000 as fine and be ordered to pay restitution to the victim.</div> </div> End of Article Visual Stories ( style/home- garden/web- stories/the-8-perfect- steps-to-grow- dhaniya-in-the- kitchen- garden/photostory/113756101.cms) The 8 perfect steps to grow \u2018Dhaniya\u2019 in the kitchen garden ( style/parenting/web- stories/10-baby-girl- names-that-sound- royal/photostory/113820456.cms) 10 baby girl names that sound royal ( stories/15-indian- states-and-their- famous-state- animals/photostory/11380646 15 Indian states and their famous state animals (ht sto ind can raw ba 10 dis ma ( being-3-month to-her-son-cal daga-opens-up journey-and-m ( chefs-from-bha emotional-to-n sudesh-lehri-to episode/photos ( style/relations language-tips- confident/phot evious Next 2/16/25, 11:06 Indian prof pleads not guilty of sex charges - Times of India 2/4 logo ( About us ( Create Your Own Ad ( Terms of Use and Grievance Redressal Policy ( Privacy policy ( policy/cookiepolicy/86934312.cms) Advertise with us ( ( Newsletter ( Feedback ( ePaper ( india,city-delhi.cms? utm_source=TOI&utm_medium=footer&utm_campaign=TOIePaper_Promotions) Sitemap ( Archives ( ( ( s=21) ( ( ( ( ( ( The Economic Times ( Hindi Economic Times ( Navbharat Times ( Maharashtra Times ( Vijaya Karnataka ( Telugu Samayam ( Tamil Samayam ( Malayalam Samayam ( am Gujarat ( TimesPoints ( utm_source=TOI&utm_medium=Footer&utm_campaign=TOI_Footer) Indiatimes ( Brand Capital ( Education Times ( Times Food ( _ga=2.136800816.1428222683.1593400724-amp-NKUM- n_c6RPY3Ify9MKZw1pfgLblvF469YKIurBFWMVAL1su-edve8E2rJu4yhmC) Mumbai Mirror ( Bangalore Mirror ( Player ( Hindi Podcast ( Headline Sports Busines business India Ne World Tirupati (https:/ prasada part-of- Israel east/isra strikes-l ali-kham Rahul was-it-r modi/ar Shan Ma (https:/ captain- conferen Bryonna (https:/ bryonna more/ar Indian (https:/ india/aft history Po (https:/ india/wt banglad net-resu ETimes Travel (https:/ Cricbuzz (http Lifestyle Shark Tank India 4: Sharks begin shooting\u2026 Shannon Sharpe compares Patrick 2025 registration begins at\u2026 Mahima Chaudhry reveals she begged Aj\u2026 Vijay's 'GOAT' gets an release; official\u2026 Haryana polls: Brick thrown at car in rut-hezbollah-new-cheif-hashem-safieddine-iran-ayatollah-ali-khamenei/liveblog/113791 we-raw/wwe-monday-night-raw-results-and-highlights-cm-punk-gunther-rey-myster 2/16/25, 11:06 Indian prof pleads not guilty of sex charges - Times of India 3/4 to connect with Dhoni in 'coming week'\u2026 How to use charcoal powder to whiten teet night-long musical extravaganza, \u2018Raat\u2026 Olivia Culpo and Christian McCaffrey bu\u2026 Elon Musk lost legal battle over unpaid\u2026 Stree 2 Box Office Collection day 47:\u2026 Bohurupi trailer promises to be a Yogi's mindset towards Muslims ...':\u2026 Late actress Park Ji Ah's co-stars Song Hye Kyo\u2026 Bill Belichick Leaves Tom Brady Jokes Behind to\u2026 Mumbai Indians the winners under new IPL\u2026 Surabhi Lakshmi on receiving praise from\u2026 Copyright \u00a9 2024 Bennett, Coleman & Co. Ltd. All rights reserved. For reprint rights: Times Syndication Service 2/16/25, 11:06 Indian prof pleads not guilty of sex charges - Times of India 4/4", "7784_106.pdf": "Search: The Web Rediff Caller Ringback Tune Search Commentary Diary Elections Interviews Specials The States Newsletters What's this? Home > News Sexual misconduct: Indian prof pleads not guilty November 29, 2003 10:23 visiting professor from India accused of sexual misbehaviour has pleaded 'not guilty'. Debasis Chaudhuri, 41-year-old professor of computer science at the University of Nebraska, Lincoln, sat in the courtroom before his name was called with his elbows on his knees and his head resting on cupped hands. When his name was announced at the trial last week, a prosecutor read the charges against Chaudhuri - attempted first degree sexual assault, third degree sexual assault and second-degree false imprisonment, a media report said. Chaudhuri answered \"yes\" in response to the court's question of whether he understood the charges brought against him, Daily Nebraskan reported. The University of Nebraska had relieved Chaudhuri, who was on a nine-month teaching stint with the university since August and was appointed to teach an undergraduate computer science class, of his duties once the police arrested him last month and brought up the charges. Chaudhuri, who has a wife and child in India, was arrested at his home in Lincoln on October 12 and charged with first-degree sexual assault of a university student. The assault allegedly occurred on October 9 in Chaudhuri's Fergusan Hall office when she had gone there to discuss her grades. The student told the police that Chaudhuri pinned her to a chair, fondled her and forced her to give her phone number. The victim also said she thought she was going to be raped, the newspaper reported. According to police reports, the student's cell phone bill indicated Chaudhuri called her up 11 times on the day of the assault. The professor claimed he had lost his mind for a few moments because of the woman's \"inappropriate dress.\" The case has been posted for trial on January 20. If convicted of the main charge of first- degree sexual assault, Chaudhuri could face up to 20 years in prison, a fine of $ 25,000 and payment of restitution to the victim. If convicted of third-degree sexual assault, he could face a minimum of one year in prison and a fine of $ 1,000 or a combination of the two. For the second-degree false imprisonment charge, Chaudhuri could face up to one year in prison, up to $ 1,000 Article Tools Email this Article Printer-Friendly Format Letter to the Editor Today in News Third aircraft with 112 deportees lan deportee claims shackling on 2nd flig 'Was taken to border via Amsterdam Most Delhi stampede victims had chest, a 'Faaltu hai kumbh': Lalu slams Rlys' mis Musk cancels aid for voting in India Delhi Station Stampede: 18 Dead Crowd was unlike seen before: Witness on Earthquake Shakes Delhi 'Trump Has Very Positive View Of Modi' 2/16/25, 11:06 Sexual misconduct: Indian prof pleads not guilty 1/2 in fine and be ordered to pay restitution to the victim. Prior to the incident, some of Chaudhuri's students were planning to file a complaint against him because his heavy accent made lectures difficult, the paper said. He came to the university to participate in research with other professors with whom he shared a common interest in the field of image processing. \u00a9 Copyright 2003 PTI. All rights reserved. Republication or redistribution of content, including by framing or similar means, is expressly prohibited without the prior written consent Copyright \u00a9 2003 rediff.com India Limited. All Rights Reserved. 2/16/25, 11:06 Sexual misconduct: Indian prof pleads not guilty 2/2"} |
7,396 | Fred Wiseman | Johnson State College | [
"7396_101.pdf",
"7396_102.pdf"
] | {"7396_101.pdf": "Campus & Community Wiseman to go on paid leave after fall semester Tom Benton, Editor-in-Chief \u2022 September 17, 2012 Humanities Professor Fred Wiseman will stop teaching classes at Johnson State College at the end of the fall 2012 semester, according to information released by Dean of Administration Sharron Scott on Friday, Sept. 14. Responding to a Basement Medicine request under Vermont\u2019s Public Records Law for release of documents pertaining to any severance agreement between the college and Wiseman, who has been at the center of a controversy involving allegations of sexual harassment, the College provided a copy of an agreement signed prior to the beginning of the fall semester. Requests for three other documents filed at the same time, including the complete Policy 311 report delivered to President Murphy\u2019s office in May, were denied, citing permitted exemptions under the Public Records Law. Home Staff About Contact Us Campus & Community Arts & Entertainment Features Art Attack Forum Sports An official separation agreement between Wiseman, JSC, the and the Faculty Federation was dated Aug. 1 \u201cas a resolution of the disciplinary process\u201d related to Policy 311 complaints against Professor Wiseman. According to the agreement, Wiseman will continue to teach full-time for the fall 2012 semester, during which he will be paid full salary, but he will no longer be the Humanities Department Chair. During this time, Wiseman \u201cwill be subject to all and academic standards in teaching, academic advising, scholarship, and service to College and community.\u201d Wiseman will then be on paid leave during the spring 2013, fall 2013 and spring 2014 semesters, per the agreement, during which time he will receive half of the base pay salary he would have received for full-time service. The agreement states Wiseman will retire at the conclusion of the 2013-2014 academic year. Additionally, the agreement stipulates \u201cThe college will not impose any discipline on Professor Wiseman as a result of the Policy 311 complaints filed in the Spring 2012 semester. Professor Wiseman shall not retaliate in any way against any individual who initiated, investigated, cooperated with the investigation into, or deliberated on the Policy 311 complaints against him.\u201d The agreement was signed by Wiseman, Murphy and Vice President and General Counselor William J. Reedy. In March 2012, then student Nicole Daigneault filed a formal complaint against Wiseman alleging a violation of the Vermont State Colleges\u2019 Policy 311, which among other things prohibits sexual harassment. An official summary of those findings from the Office of the (JSC) President, provided by Daigneault\u2019s attorney, David Sleigh, noted, \u201cWhile the investigators did not find that Ms. Daigneault\u2019s overall academic environment at the college was objectively intimidating, hostile or offensive, the Investigators arrived at the conclusion that harassment based on sex as a protected category occurred. Further, they concluded that there is ample evidence of \u2018Related Unprofessional Conduct.\u2019\u201d In a subsequent letter from President Barbara Murphy to Daigneault, also provided by Sleigh, a part-time instructor at Lyndon State College, Murphy said she \u201caccepted\u201d their findings, and that administrators would \u201cinitiate the next steps set forth in that Policy.\u201d (See surround-allegations-of-sexual-harassment/) In an email interview with Basement Medicine last week, Wiseman said cannot make any comments about the student who made a complaint against me. That could be construed as retaliation under governing College policies may, however,disclose that all allegations against me were investigated and was not disciplined in any way expect that if had acted in violation of College expectations, there would have been discipline.\u201d In a letter to Basement Medicine accompanying the release of the August1 agreement Dean of Administration Sharron Scott noted that \u201c For reasons that President Murphy has discussed, we will not be able to speak about the details of the agreement. However, President Murphy offers the following general statement on the way we approach such matters: \u201cAs the President of Johnson, as an educator and as a person want to be clear that have always taken allegations of harassment and unprofessional conduct, very, very seriously. That includes conducting a thorough, objective and fair investigation when an issue arises. What matters to us in terms of resolving any particular dispute is the result. My chief goal as President is to provide a safe campus and a safe teaching and learning environment for all students, faculty and staff, while minimizing the risk of undue disruption and conflict for the community.\u201d More in Campus & Community thank you letters Repaci's Dawg Review #35 Campus employment: Working as a Johnson student \u00a9 2025 Pro WordPress Theme by \u2022 Log in About the Contributor Tom Benton, Editor-in-Chief Tom Benton joined the Basement Medicine staff in spring 2011, assuming the position of editor-in-chief in spring 2012. He continues in that capacity despite protests from NEPA. Johnson options dwindling Johnson Club Council sets new rules Burger Barn: a next level snack bar Basement Medicine The student-run community ne\u2026 Enter Search Term \uf002", "7396_102.pdf": "-moz-user-select:none; -webkit-user-select:none; -khtml-user-select:none; -ms-user-select:none; user-select:none; This Blog is to Inform, to Discuss, and to Show/Provide as Truthful of an Accurate Awareness Documentarily of what has been and is happening in N'dakinna (Vermont, N.H. etc), by those claiming to be Allegedly Vermont or New Hampshire Abenaki, etc. The Reinvention of the Alleged Vermont and The Reinvention of the Alleged Vermont and New Hampshire Abenakis New Hampshire Abenakis e d n e s d a y o v e m b e r 1 3 , 2 0 1 9 The about Frederick Matthew Wiseman PhD 5 September 22, 2011 Johnson State College's Basement Medicine Campus and Community By Jordan Caldon Frederick Matthew Wiseman's labor of love: a quest for recognition and respect \u201cThere is an old saying,\u201d said Fred Wiseman, professor and chair of the humanities department at Johnson State College: \u201cIf you work at what you love you\u2019ll never work a day in your life.\u201d By that measure, Fred Wiseman has lived a life of leisure, although he teaches full-time, has been working with American Indians since 1993 and has helped tribes receive and start the process of receiving their recognition from the State of Vermont. In 2010 a law was passed to have a protocol established for receiving tribal recognition from the state. After years of work Fred Wiseman helped two tribes become recognized and two are now under consideration. Fred Wiseman\u2019s own tribe, the St. Francis-Sokoki hopes they are going to be recognized at the next legislative session. Tribal recognition is important to American Indians because it allows them the right to self government and supports tribal sovereignty. \u201cRecognition equals pride,\u201d Fred Wiseman said. It also allows \u201cthe ability to sell crafts as an Indian.\u201d Frederick Matthew Wiseman\u2019s devotion to American Indian culture and history is both longstanding and personal. As a child he was fascinated by America\u2019s first settlers, and his grandmother was Abenaki. \u201cEver since was a little kid was always interested in Indian lore,\u201d Fred Wiseman said went to the University of Arizona in Americans, interested and studying especially the Mayan civilization was internationally known for my work on studying Home Pages Followers (72) Next Follow Followers \u25ba \u25ba 2009 (207) \u25ba \u25ba 2010 (282) \u25ba \u25ba 2011 (83) \u25ba \u25ba 2012 (17) \u25ba \u25ba 2013 (6) \u25ba \u25ba 2014 (10) \u25ba \u25ba 2015 (20) \u25ba \u25ba 2016 (18) Blog Archive More Create Blog Sign In 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 1/42 the effects of Native American culture on the environment and how that can be discovered through geological themes.\u201d When Frederick Matthew Wiseman came to Vermont, he felt that he was drawn into the old Abenaki world because there were very few people who were advocating for the Abenakis and working with them. \u201cThere were a lot of people who were studying them,\u201d said Wiseman, \u201cworking on the Indians but they were never working with the Indians. So, my grandmother being Abenaki was able to join the St. Francis-Sokoki band of the Abenakis and they asked me to start using my expertise in service of Native Americans here. That became a much more interesting thing for me.\u201d His dedication to advancing understanding of American Indian culture and history is evident in Fred Wiseman\u2019s work at the Johnson State College, where he has taught since 1987. Fred Wiseman teaches different Native American History and Culture courses, hoping to instill the knowledge in his students that they can also give back to tribal communities. \u201cIt teaches my students that they can also give back to the communities that they are learning about,\u201d Wiseman said. \u201cAs far as know this is now the only institution in the United States of higher learning that does this.\u201d Wiseman works with his students to create and participate in projects to help benefit tribes by making tribal wear and replicated tools such as wampum belts, Maliseet leggings, women\u2019s hoods, sun-discs, rattles from cow horns and flags for the tribes to wear or use in ceremonies. This year, his classes are preparing the crafts for the Vermont Indigenous Summit in November, which was possible due to a grant Fred Wiseman received through his work with Abenaki organizations. \u201cIndigenous Summit invites other tribes to Vermont to meet Abenakis ... Passamaquoddy Penobscot from Maine, Odanak Abenaki, Huron's, and Mohawks from Quebec, and Mohawks from New York,\u201d he said. All of these tribes will attend the Indigenous Summit in November. \u201cThis is a result of Abenaki recognition,\u201d Wiseman said. \u201cWe are bringing tribal elders from all over the Eastern United States, and we are bringing them here to Vermont to meet our chiefs and to meet our elders, so that we can kind of come out of the closet, put ourselves on the map. Other tribes can get to know who we are and we can get to know who they are. We can start setting up tribe-to-tribe relationships.\u201d The Lake Aquarium and Science Center in Burlington, Vt., has agreed to host the event and serve as the conference center for the delegates. Frederick Matthew Wiseman\u2019s students will also be participating during this event by helping the leaders with transportation and any other assistance they may need during their stay. \u25ba \u25ba 2017 (2) \u25ba \u25ba 2018 (6) \u25bc \u25bc 2019 (25) \u25ba \u25ba April (7) \u25ba \u25ba May (3) \u25ba \u25ba June (1) \u25ba \u25ba October (2) \u25bc \u25bc November (12) \u25ba \u25ba Nov 11 (2) \u25ba \u25ba Nov 12 (3) \u25bc \u25bc Nov 13 (2) The about Frederick Matthew Wiseman PhD. - P... The about Frederick Matthew Wiseman PhD.- PA... \u25ba \u25ba Nov 14 (1) \u25ba \u25ba Nov 15 (2) \u25ba \u25ba Nov 17 (1) \u25ba \u25ba Nov 19 (1) \u25ba \u25ba 2020 (5) \u25ba \u25ba 2021 (15) \u25ba \u25ba 2022 (7) \u25ba \u25ba 2023 (7) \u25ba \u25ba 2024 (6) 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 2/42 Frederick Matthew Wiseman has been working on many different projects over the past few years, including the Vermont Indigenous Ethnobotany Project, which was funded through the Lake Champlain Basin Program by the National Parks Service. It is the study of the use of plants by indigenous Vermonters, which includes medicinal and non-medicinal plants, basket and home building materials. He also worked on the Lake Champlain Quadra Centennial, the 400th anniversary of the discovery of Lake Champlain. As one of the commissioners working on the Quadra Centennial, Frederick Matthew Wiseman chaired the Native Advisory Panel, which involved research, presentations and film-making. \u201cThe Quadra Centennial occupied a huge block of my time as well as the Abenaki recognition,\u201d Frederick Matthew Wiseman said. Last year Vermont established a protocol for tribal recognition, which included recognition of the Nulhegan Abenakis, who held a ceremonial Powwow on August 27, 2011 to celebrate this milestone. Tribal leaders and members from all over Vermont as well as Canada attended and some traveled from Massachusetts. Re-enacting vs Living History Re-enacting vs Living History Roger Longtoe Sheehan lot of people like to call it reenacting and we have kind of a problem with that you go to a battle like Fort Ticonderoga oh one of those places and you go out there and you do the battle, you shoot the guns and you run around and then at the when you're done the other night you pack up go home have a few beers that's reenacting ...\" 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 3/42 Luke Willard, Raymond F. Lussier, unk. person, Brian Chenevert (center), Bernie Mortz, and Donald Warren Stevens Jr. OK, so y'all have 'a Powwow', and then have a few beers afterwards eh ... what do you call that 'tourist horse and pony show' of Wannabiiak, a con job of 'Abenaki' race shifters? Or an \"Abenaki\" reenactment? February 07, 2012 3:31 From: Roman Kokodyniak To: Ralph Swett; Judy Dow; Charles Delaney-Megeso; Mark Mitchell; Jenny M'Sadoques-Benoit; Kathryn Swett; April St. Francis Merrill; Brad Barratt; Peter Thomas; Joelen Mulvaney; Howard Knight; Don Stevens Jr.; Richard\"Skip\"Bernier; Christopher Roy; Randy Smith; Nancy Doucet; Diane McInerney; Dave - Berlin Skinas; Frederick Matthew Wiseman; Douglas Lloyd Buchholz; Luke Willard; Roger Longtoe/Sogomo Cc: Tim Ashe; Hinda Miller; Peter Galbraith; Kesha Ram; Helen Head; Bob Bouchard; Bill Carris; Brian Savage; Carolyn Branagan ; Didi Brush ; Helen Head; Harvey Smith ; John Moran; Jean O'Sullivan; Kate Webb; Peg Andrews; Michel Consejo; Michael Hoyt; Peter Galbraith; Tim Ashe; Thomas Cheney; Tina Ruth; Tom Stevens; Vincent Illuzzi; William Doyle; Noelle MacKay 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 4/42 Subject: Announcement: Abenaki Recognition Bills - Hearing Weds. 2/15, 9:00 - 11:00, State House To All Interested Persons, This announcement is to confirm there will be a joint hearing of the Senate Committee on Economic Development, Housing and General Affairs and the House Committee on General, Housing and Military Affairs on Wednesday, February 15th, 9:00 - 11:00, in the House Chamber pertaining to the following proposed recognition bills: (9:00) S. 128 - Recognize the Missisquoi, St. Francis- Sokoki Band as a Native American Indian Tribe (10:00) S. 129 - Recognize the Koasek Abenaki of the Koas as a Native American Indian Tribe To date, the following individuals are scheduled to testify at this hearing: Luke Willard, Chairman, VT. Commission on Native American Affairs Chief John Churchill, Abenaki Nation of Missisquoi, St. Francis- Sokoki Band Fred Wiseman, Johnson State College David Skinas, Review Panelist Peter Thomas, University of Vermont Please let me know at your earliest convenience if you or other persons want to testify on these bills. Please forward this announcement to other interested parties. Thank you. Roman Kokodyniak Legislative Council Staff Senate Committee on Economic Development, Housing & General Affairs Vermont State House February 11, 2012 8:05 From: Douglas Lloyd Buchholz To: Roman Kokodyniak these people were a Native American Tribe, then the question begs to be asked, where were these groups they incorporated Mr. Kokodyniak? But then even though the answer clearly and convincingly stares you politicians in the face, you the Conclusions, and the \"Abenaki\" out of nothing to garner Federal Monies by claiming you have amt. of Native American Indians (self identified) and as far as 'tribes' these people are not. What they are, in reality, are Abenaki identity thieves!\u201d Douglas Lloyd Buchholz February 15, 2012 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 5/42 From: Roman Kokodyniak 9:00 - 11:00, in the House Chamber pertaining to the following proposed recognition bills: (9:00) S. 128 - Recognize the Missisquoi, St. Francis- Sokoki Band as a Native American Indian Tribe (10:00) S. 129 - Recognize the Koasek Abenaki of the Koas as a Native American Indian Tribe To date, the following individuals are scheduled to testify at this hearing: Luke Willard, Chairman, VT. Commission on Native American Affairs Chief John Churchill, Abenaki Nation of Missisquoi, St. Francis- Sokoki Band Fred Wiseman, Johnson State College David Skinas, Review Panelist Peter Thomas, University of Vermont Please let me know at your earliest convenience if you or other persons want to testify on these bills. Please forward this announcement to other interested parties. Thank you. Roman Kokodyniak February 26, 2012 Representative Helen Head, Chairwoman of the House Committee on General, Housing and Military Affairs Luke Willard \u2013 Chairman of the Vermont Commission on Native American Affairs 158 Whiting Lane Brownington, Vermont 05860 Dear Mr. Luke Willard: Thank you for attending the joint meeting on the House Committee on General, Housing and Military Affairs (House Committee) and the Senate Committee on Economic Development, Housing and General Affairs held on February 15, 2012. It was a pleasure to hear from the Vermont Commission on Native American Affairs (Commission) regarding the applications of the Koasek Traditional Band of the Sovereign Abenaki Nation and of the Abenaki Nation at Missisquoi, St. Francis \u2013 Sokoki Band. The testimony from you and the Commission clearly indicated that the applications of the bands and the evidence supporting the applications generally satisfied the criteria set forth in Act. No. 107 of the 2009 Adj. Session (2010) \u2026 (Act 107) for state recognition of Native American people. Sincerely, Representative Helen Head, Chair House Committee on General, Housing and Military Affairs CC: Senator Vincent Illuzzi Senator John Campbell 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 6/42 Speaker of the House, Shap Smith Roman Kokodyniak Didi Brush A. Missisiquoi, St. Francis Sokoki Band Testimony provided by the Vermont Commission on Native American Affairs (Commission) to the House Committee on General, Housing and Military Affairs on February 15, 2012 and the Commission\u2019s decision regarding the application indicates that the information used to determine that 51 percent of the Missisquoi, St. Francis Sokoki Band\u2019s members reside in a specific geographic area was not \u201cup-to-date\u201d and that there were differences of opinion with respect to how individuals or the band could \u201cdisenfranchise\u201d or \u201crenounce\u201d their citizenship. The Commission\u2019s report states that \u201cthis did not create a measure of confusion, [but] the Commission has no authority over the internal affairs of tribal policy.\u201d The Commission\u2019s testimony indicated that the Commission worked closely with the applicant to \u201cclean up\u201d the tribal rolls prior to the Commission\u2019s final approval of the application. The conclusion of the Commission is inconsistent with the conclusions reached by the expert scholar\u2019s panel used by the Commission to review the application of the Missisquoi, St. Francis Sokoki Band. One of the experts, Mr. Kevin Dann, states that the \u201capplication clearly states that the majority (58% of the tribal rolls)of members \u2026 live in Vermont, and that majority [sic] of these reside in Franklin and Grand Isle Counties.\u201d (emphasis added) Another expert, Mr. William A. Haviland, apparently did not determine a mathematical percentage and referenced a book published in 1994, stating only that \u201cthe largest Abenaki Community is still located in the Swanton-Highgate-St. Albnas Area of Franklin County. This of course is the ancient Missisquoi homeland. So, criterion satisfied.\u201d (emphasis added) Later, in his discussion of Criterion 2, Mr. Haviland states that he is satisfied that the Missisquoi Abenaki exercised due diligence over who is an who is not eligible for citizenship, and that they satisfy this criterion. Finally, a third expert, Mr. Thomas, writes that there are \u201c1,964 adults and 284 children on the Tribal Roles [sic] with 58% of the tribe living in Vermont. The greatest concentration of the applicant\u2019s citizens reside in the Towns of Swanton, St. Albans, Highgate and Alburg in Franklin and Grand Isle Counties, Vermont \u2026 other Missisquoi citizens live in every county of Vermont and in other states.\u201d (emphasis added) It is clear that the experts were working from earlier information that the Commission \u2013 e.g., Mr. Thomas\u2019s report is dated February 2011 \u2013 used in their final report. Also, references to Chittenden and Lamoille Counties in the Commission report were made, by verbal testimony, in order to reach the 51% percent threshold. 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 7/42 While the House Committee on General, Housing and Military Affairs has no reason to doubt the testimony of Professor Frederick Matthew Wiseman and others with respect to the specific geographic location of current members of the band, we have always understood this band\u2019s natural geographic location to be located in Franklin and Grand Isle Counties. B. Koasek Traditional Band The House Committee on General, Housing and Military Affairs believes that the response provided by the Commission in the Koasek Traditional Band\u2019s application did not directly answer Criterion 1 of Act 107. Given the limitations of the General Assembly legislative authority, the state may only recognize bands whose members reside within the Vermont borders as they were established and delineated in the 1700\u2019s. The Commission wrote that \u201c58.33%\u201d as listed in the application itself live within the territory claimed as the homeland of the band within the upper Connecticut River Valley. William Haviland\u2019s point is well taken, \u201ckinship, rather than territoriality, was always the basis of native society, and individuals as well as families could always move freely from one local group to another based on kinship ties.\u201d (emphasis added) This avoids the direct necessity that the majority of members currently reside in a specific geographic location within Vermont. We acknowledge verbal testimony on February 15, 2012 was offered to confirm 58.3 percent of the members on the rolls lived in Vermont, but the written answers that were provided imply otherwiseThe reports by the experts used mixed language in their support for the application. Ms. Eloise Beil states that the majority of the enrolled members \u201ccurrently reside in communities of the Upper Connecticut River Valley .(emphasis added) She does reference the towns in which they reside, as presented in the application. We have not reviewed the tribal rolls in the application (pages 3 and 4), and we have relied upon the work of the Commission to determine the veracity of these rolls. Verbal testimony of February 15 stated that the 58.33% of members cited do, in fact, reside in Vermont. Mr. William A. Haviland\u2019s response to the criterion states that the majority of the members reside in Vermont, but his confirmation is also couched with the quotation used by the Commission in its report. Mr. David Skinas writes, \u201cThe majority of the applicant\u2019s citizens (58.3%) reside \u201cwithin the Koasek ancestral homelands of Vermont based in Nebury and surrounding towns.\u201d (emphasis added). This comment comes close to confirming the required information for the criterion, but it too seems qualified. May 08, 2012 The St. Albans Messenger Newspaper, Pages 1A-5A By Jessie Forand and Michelle Monroe \u2013 Messenger Staff Writers 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 8/42 RECOGNITION: Members Celebrate a Historic Day In 2010, the Vermont legislature created the Vermont Commission on Native American Affairs to examine applications for recognition. The commission was charged with reviewing applications for recognition based on criteria created by Judy (nee: Fortin) Dow and later even more so by Frederick Matthew Wiseman, then set by the legislature and then making a recommendation. Those criteria are: 1. Geographic location \u2013 the majority of members must reside in a specific location. 2. Kinship \u2013 within the tribe and genealogical history. 3. Connection with tribes \u2013 that historically occupied Vermont. 4. History of the organizational structure 501(c)3 \u2013 and its influence over members. 5. An enduring community presence \u2013 within Vermont. 6. Within the tribe there are non-profit organizations to preserve and promote its history and culture as well as the political, economic and cultural needs of members. 7. Documentation of traditions, customs and oral history. 8. The tribe is not recognized in any other state. August 30, 2012 Posted: Aug 30, 2012 3:50 Updated: Aug 30, 2012 4:57 By News Johnson State student suing over sexual harassment Johnson State College student is preparing to sue the school for sexual harassment Nicole Daigneault filed a complaint against Professor Frederick Mathew Wiseman, an archaeologist and Abenaki expert. An internal investigation found that Frederick Matthew Wiseman did sexually harass Daigneault and engaged in unprofessional conduct. Now, Nicole Daigneault claims Johnson officials had prior knowledge of Frederick Matthew Wiseman's actions, including harassment complaints from other students, and Nicole Daigneault claims the college failed to take adequate action against Wiseman. Source: suing-over-sexual-harassment Johnson State College. Vermont Non-Discrimination Pollicy: DiscriminationPolicy.aspx \"Also, inappropriate sexual relationships between staff and students, although they may not rise to the level of sexual harassment, are prohibited.\" \"The above is taken from Policy 311, which is available online here. Any questions or complaints about potential or perceived 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 9/42 discrimination, harassment or related unprofessional conduct in violation of any state or federal law or Policy 311 should be directed to the Assistant Academic Dean at 802-635-1243.\" Further Developments: It has now been ascertained that has redacted the Link by Censor\u2019s\", as of the following day, their online Publication of this above article\u2026 UPDATE: WCAX.com yanked the article off their website, sometime between yesterday and this morning, so the above is not working now regarding the article source just telephoned for an explanation as to why the sudden redaction of this article and they informed me that, \"they are working on updating the article, this evening\" quote from Newsroom. Stay Tuned.... JOHNSON, Vt sexual harassment complaint at Johnson State College could end up in court. Student Nicole Daigneault filed a complaint against Professor Frederick Matthew Wiseman last spring, after breaking off a personal relationship with him. An internal investigation found that Wiseman sexually harassed her and engaged in unprofessional conduct. Now Daigneault is seeking depositions in support of a lawsuit against the college, claiming school officials failed to take adequate action against Wiseman. In response, Johnson president Barbara Murphy said, \"Where allegations are substantiated, we take prompt and appropriate action ...\" But she says those actions,\" ... may not be readily apparent for a variety of reasons, including confidentiality of student and personnel matters. From another online website: Source: student-accuses-professor-of-sexual-harassment- 1.2890419#.UEFgqcGPXk8 August 31, 2012 By Tyler Dumon@tyler_dumont Updated: Friday, August 31, 2012 17:08 student at Johnson State College has accused a professor of sexually harassing her. Nicole Daigneault, 32 years of age, of Saint Johnsbury told The Critic that she is accusing Professor Fred Wiseman, who allegedly threatened to lock her in his car and tried to kiss her. Nicole Daigneault said that she had been taking a class with the professor when the alleged incidents occurred. She also said that the professor wrote journal entries about her, writing that he had envisioned \u201cseeing her naked.\u201d 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 10/42 David Sleigh, Nicole Daigneault's attorney and also a part-time instructor at Lyndon State College, said that his client expects to bring an action against Johnson State College, seeking damages for violations of Vermont\u2019s Public Accommodation Act. \"The college has had six months to provide some remedy to Nicole, and there hasn't been one,\" he said. Johnson State is one of the five Vermont State Colleges. David Sleigh said that another female also filed complaint with the school regarding the same professor. He also confirmed that Daigneault was still a student at Johnson. In a letter obtained by The Critic, Johnson State College president Barbara Murphy wrote to Daigneault that she \u201caccepted\u201d the complaint of sexual harassment. The letter stated that, \u201cInvestigators determined there was a \u2018very inappropriate crossing of faculty/student boundaries, at the very least.\u2019\u201d The document also said that the professor had attempted to kiss Daigneault on two separate occasions, in addition to kissing her wrist while on school property - without Daigneault\u2019s permission. Another report stated that Johnson State College had concluded that there is \u201cample evidence of related unprofessional conduct.\u201d In a statement President Barbara Murphy said, \u201cWe take allegations of sexual harassment very seriously.\u201d \u201cAll the actions we may take in any particular case may not be readily apparent for a variety of reasons,\u201d she continued, \u201cincluding confidentiality of student and personnel matters.\u201d Despite Barbara Murphy's statements on Frederick Matthew Wiseman, he is reportedly still an employee. His contact information on the Johnson website lists him as chair and professor in the Humanities Department. Multiple attempts to reach Frederick Matthew Wiseman were unsuccessful. Johnson State College Faculty: Frederick Wiseman Professor, Chair Library and Learning Center, Room 306 Ph.D. Geosciences, University of Arizona Specializations: Abenaki culture and history February 21, 2013 The Burlington Free Press Newspaper How to Serve Mammoth: Ice Age Hunting on Land and the Champlain Sea 6:30 p.m. at the Missisquoi National Wildlife Refuge, 29 Tabor Road, in Swanton, Vermont. The first program in the Missisquoi Wildlife Series, 12,000 Years on the Missisquoi Local scholar and educator Frederick Matthew Wiseman will discuss the discovery of the Champlain Sea by Paleo-Indians, the ancestors of Vermont\u2019s modern Abenakis, and what the lands and 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 11/42 waters were like over 10,000 years ago. He will then introduce some startling new archaeological discoveries regarding their sea- faring prowess, including the fact that ancient Vermonters made the longest known sea voyage of the Ice Age. 868-4781. April 10, 2013 The Burlington Free Press Newspaper Let\u2019s Eat Everything 1: Ancient Forest Management 6:30 p.m. April 12, 2013 Missisquoi National Wildlife Refuge, 29 Tabor Road, Swanton, Vermont Discussion of Abenaki forest management strategies in the changing Missisquoi Valley over the last 8,000 years. This presentation includes a discussion of various archaeological theories about Archaic Period hunting and gathering activities that can apply to Vermont. Presenter is Dr. Frederick Matthew Wiseman. April 28, 2013 250th Anniversary of Swanton Mini-Film Festival: \u201c1609 \u2013 The Other Side of History\u201d Dr. Fred Wiseman, local resident, historian and author will screen the film: \u201c1609, the Other Side of History,\u201d a 45 minute documentary, concerning the origins and development of the alliance between the French and the Native Americans that was so critical to Swanton\u2019s early years, when Swanton was known as \u201cDawkwahoganizek\u201d or \u201cat the little (French) mill\u201d, Professor Wiseman will also share Abenaki and early antiques of New France that would have been used at Missisquoi Village and \u201cat the little (French) mill\u201d After the film screening, the Swanton 250th Committee will provide a light meal over which Swanton\u2019s unique and colorful history and culture can be discussed. May 8th, 2013 Meeting Minutes Carlton Bertrand Jr., Vice-Chair Charlene McManis, Secretary Andrew Beaupre Jeffrey Benay Lucy (nee: Pion) Cannon-Neel Dave Van Deusen Shiny Hook Trudy Ann Parker Members Present: Carlton Bertrand, Jr., Vice-Chair Charlene McManis, Secretary 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 12/42 Jeffrey Benay Dave Van Deusen Shirly Hook Trudy Ann Parker Members Absent: Andrew Beaupre and Lucy Cannon-Neel Guests: Fred Wiseman, Swanton Auburn Watersong, Montpelier Duncan Matthewson, Middlebury Doug Bent, Braintree Donald H. Parker, Lunenburg Giovanna Peebles John Moody, Sharon John Kessler BUSINESS: Frederick M. Wiseman PhD asked Nathan E. Pero if he [Pero] had the information regarding the \"very crooked knife.\" The answer is no. Fred M. Wiseman will send the information to Nathan Elwin Pero. 1. Frederick Matthew Wiseman's Indigenous Center Frederick Matthew Wiseman, PhD gave a brief presentation on the proposal of the Indigenous Center. The project Haven started in 2006. Fred M. Wiseman has two unpublished books, one named Reclaiming Wabanaki Ceremony. He gave a detail of this book. Fred M. Wiseman then demonstrated his virtual museum in Image Amanda. It has 20 rooms, voice overlay, acute-weather, 27 books, etc. The goal is to finish the project and put it on-line. Fred M. Wiseman showed the floor plans of the physical building. Fred M. Wiseman will send the floor plan to Charlene McManis to send to the Commission members. The major partners in this project are the Echo Center, Champlain Valley Maritime Museum, and Missisquoi Wild Life Refuge. Fred M. Wiseman will also be working with on educational follow-up. Discussion was held regarding the resource data base. It will be online, with the virtual museum. June 28, 2014 Abenaki Heritage Weekend Lake Champlain Maritime Museum 4472 Basin Harbor Rd. Vergennes Phone: (802) 475-2022 This special weekend, hosted by Lake Champlain Maritime Museum and presented in partnership with the Vermont Commission on Native American Affairs, gives visitors an Abenaki perspective on life in the Champlain Valley. Members of the Elnu and Missisquoi Abenaki tribes, the Nulhegan Band of the Coosuk and Koasek Traditional Band of the Koas 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 13/42 Abenaki Nation, and the Vermont Abenaki Artists Association work with Museum staff to plan and present the event, with the advice and support of the Vermont Commission on Native American Affairs. The Native people at this event are experts in the living indigenous arts and traditions which they come together to share with one another and with visitors. They have inherited, researched, reconstructed, or apprenticed to learn the techniques with which they create outstanding beadwork, quillwork, basketry, pottery, woodworking and other items for personal use or for sale. Tribal members will also share songs, drumming, dancing, games, food preparation, and other life skills. Recent work by Abenaki artists and artisans will be featured in LCMM\u2019s exhibit Contact of Cultures, together with footage by Abenaki videographer Lina Longtoe documenting artists, artisans, and performers, and recent Abenaki Tribal Recognition. Abenaki Heritage Weekend also includes opportunities to share cultural heritage through illustrated talks and Round Table discussions on topics such as efforts to preserve Abenaki as a living language, and the cultivation, use and exchange of heirloom plants have been amazed by the richness and depth of the cultural and historical information brought out by the Vermont Indigenous bands during their research for Vermont State Recognition,\u201d says Frederick M. Wiseman, PhD., Director of the Wobanakik Heritage Center in Swanton. \u201cThis is a new stage with great potential in Vermont culture and history \u2013 for Native people to work on their own history and culture and then present the results.\u201d June 28-29, 2014 Abenaki Heritage Weekend This special weekend, hosted by Lake Champlain Maritime Museum and presented in partnership with the Vermont Commission on Native American Affairs, gives visitors an Abenaki perspective on life in the Champlain Valley. Members of the Elnu and Missisquoi Abenaki tribes, the Nulhegan Band of the Coosuk and Koasek Traditional Band of the Koas Abenaki Nation, and the Vermont Abenaki Artists Association work with Museum staff to plan and present the event, with the advice and support of the Commission. The Native people at this event are experts in the living indigenous arts and traditions which they come together to share with one another and with visitors. They have inherited, researched, reconstructed, or apprenticed to learn the techniques with which they create outstanding beadwork, quillwork, basketry, pottery, woodworking and other items for personal use or for sale. Tribal members will also share songs, drumming, dancing, games, food preparation, and other life skills. Abenaki scholars Fred Wiseman and Melody Walker Brook will present wampum readings, and an illustrated program \u201cSeeds of Renewal,\u201d describing the search for 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 14/42 and preservation of heirloom plants and associated ceremonies and traditions. Abenaki Heritage Weekend also includes opportunities to share cultural heritage through illustrated talks and Round Table discussions on topics such as efforts to preserve Abenaki as a living language, and the cultivation, use and exchange of heirloom plants have been amazed by the richness and depth of the cultural and historical information brought out by the Vermont Indigenous bands during their research for Vermont State Recognition,\u201d says Frederick M. Wiseman, Ph. D., and also Director of the Wobanakik Heritage Center in Swanton. \u201cThis is a new stage with great potential in Vermont culture and history \u2013 for Native people to work on their own history and culture and then present the results.\u201d [Replica\u2019s] This year, work by members of Vermont Abenaki Artists Association will be featured in LCMM\u2019s permanent exhibit on the region\u2019s Native peoples, Contact of Cultures. Inaugurated in 2009 to reflect the maritime skills and traditions of the region\u2019s Native people since the 1609 expedition of Samuel de Champlain, the exhibit has been augmented each year by Abenaki artists and historians working with staff. Lake Champlain\u2019s first navigators are represented by a full sized bark canoe constructed by Abenaki artist Aaron York in 2007. Abenaki historian Frederick M. Wiseman, PhD. contributed miniature birch bark canoes, an array of canoe paddles, and some of the tools his family used to make them. El-nu Abenaki Chief Roger Longtoe created replicas of fishing lures, hooks, sinkers, and Vera Longtoe used the ancient twining technique preserved by her family to produce a traditional fish net and carrying bag. In 2011 and 2012, Abenaki videographer Lina Longtoe provided documentaries of artists at work, singing, and Abenaki Tribal Recognition events. Ongoing Saturday & Sunday Special Exhibition: Traditional Sources, Contemporary Visions Artwork by members of the Vermont Abenaki Artists Association Native Arts Marketplace Abenakis Helping Abenakis: Resource Table Haven Project Display Artists Development Resources with Nancy Jo Chabot (Sunday only) Fire-pit Cooking Demonstrations Eighteenth Century Encampment Storytelling & Community Dancing June 28, 2014 10:15am: Welcome Song 10:30am\u201311:00am: Circle of Courage Dancers 11:00am-11:30am: Voices of the Koas, Songs & Sun Dance 11:30am-12:30: Seeds of Renewal: Illustrated Presentation 11:30am-Noon: Chunky Game Noon -12:30pm: Nulhegan Drum & Nulhegan Youth Drum 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 15/42 12:30pm-12:45pm: Introduction of Commissioners, Jim Peterson Commemoration 12:45pm-1:30pm: The Vermont Abenaki Struggle for Recognition: Film by Brian Francis, Bear Paw Productions Discussion & Conversation 1:30pm- 2:00pm: Official Introduction of Vermont Abenaki Artists Association \u2013 Arts Marketplace - Jeanne Morningstar Kent - Seven Wobanaki Artists 2:15pm-2:45pm: Nulhegan Drum & Nulhegan Youth Drum 2:45pm-3:15pm: Circle of Courage Youth Dancers 3:15pm-4:00pm Wampum Reading 4:15pm- 5:00pm: Joseph, Jesse and Jacob Bruchac Stories and Songs from the Land of the Dawn, a three-generation program, bilingual in English and Abenaki June 29, 2014 10:15am: Welcome Song 10:30am-11:00am: Conversations with Elnu Tribe and Guest Artists 11:00am-11:30am: Chunky Game 11:00am-Noon: Meet the Vermont Abenaki Artists Association One Artist's Life: Jeanne Morningstar (nee: Lalime) Lincoln - Kent 12:30pm-1:00pm: The Vermont Abenaki, a Struggle for Recognition: Film by Brian Francis, Bear Paw Productions Discussion & Conversation 1:00pm-2:00pm: Abenaki Ceremonial Revitalization, Fred Wiseman and Melody Walker Brook Videos: The Sun Dance and Green Corn Ceremony 2:00pm-2:30pm Nulhegan Drum 2:30pm-3:00pm: Storytelling & Community Dancing, Chief Don Stevens 3:15pm-4:00pm: Wampum Reading 4:15pm-5:00pm: The Vermont Abenaki Struggle for Recognition: Film by Brian Francis, Bear Paw Productions Discussion & Conversation Special Discounted Admission for this event thanks to an anonymous donor. $5 Adults (usually $10); $3 Youth (usually $6); Free to Members & Kids 5 & Under Special Related Programs: Seeds of Renewal: Presentation on Wednesday June 28, 2014, 6:30-8:30pm Paddle to Prehistory: Workshop on June 29, 2014 Abenaki Heritage Weekend 2014 Participating Artists Presenters, Performers & Artists Shirly Hook \u2013 rawhide rattles Jeanne Morningstar Kent \u2013 gourd art 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 16/42 Jessee Lawyer \u2013Vermont Abenaki Artists Association Linda Longtoe Sheehan \u2013 wampum jewelry Vera Longtoe Sheehan \u2013 twining Roger Longtoe Sheehan \u2013 talks, history & culture, singing, storytelling eehan Jim Taylor \u2013 shell wampum Paul-Rene Tamburro - silversmith _tamburro Bernie Mortz \u2013 drum making, snow snakes, dance sticks, friendship bows, war clubs Vermont Abenaki Artists Association Display Table Haven Project Display Table, Melody Walker Brook Didier Colucci, Snapper Petta, & Suzanne Vernette - eighteenth century skills White Pine Association Display Table Joseph Bruchac, Author and storyteller Jesse Bruchac, Musician, linguist Trudy Ann Parker, Author Circle of Courage Dancers, Brenda Gagne, Firepit Cooking Demonstration, Doug Bent, Shirly Hook, Dave Bent, Raven Wood Nulhegan Drum i_drum Don Stevens \u2013 drumming, storytelling, dance leader Voices of the Koasek, Women\u2019s Singing Group oas Fred Wiseman and Melody Walker Brook: Wampum Readings Fred Wiseman and Melody Walker Brook: The Haven Project eman Nancy Jo Chabot, Curator, Mt. Kearsage Indian Museum Rose Hartwell, quillwork Consultations: Melody Walker Brook \u2013 Conversations on Spirituality ook 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 17/42 Artists\u2019 Development Sessions \u2013 speak to Arts organization representatives about presenting your art: portfolio review, artists\u2019 statements, researching opportunities, use of social media, etc. July 06, 2014 The Burlington Free Press Newspaper Franklin County, Vermont Lifetime achievement honors for Swanton man Frederick Matthew Wiseman of Swanton, Franklin County, Vermont was honored on June 29, 2014 by the Vermont Abenaki Artists Association with a lifetime achievement award for his efforts to gain state of Vermont recognition for indigenous peoples and their artistic heritage. Fred M. Wiseman, a Humanities professor who is retiring this year from Johnson State College, received the award during a ceremony for Abenaki artists at the Lake Champlain Maritime Museum in Vergennes, Vermont. \u201cIt was an amazing event, to see Dr. Wiseman with some of his oldest friends and former students sharing their joy in the fruits of his more than thirty years of supporting Abenaki culture and history,\u201d said Cheryl O\u2019Neil, Koasek Abenaki Tribe citizen in a statement released by the LCMM. \u201cIt was a well-deserved treat for all of us at the Lake Champlain Maritime Museum.\u201d The award was followed by the unveiling of a new exhibit of work by the Vermont Abenaki Artists Association titled \u201cTraditional Sources, Contemporary Visions.\u201d The exhibit will be available for public viewing at the museum through October 12, 2014. Frederick Matthew Wiseman, an Abenaki, has served as director of the Abenaki Tribal Museum and Cultural Center in Swanton, Vermont as a member of the Abenaki Tribal Council. Dr. Frederick Matthew Wiseman receives a lifetime achievement award on June 29, 2014. July 09, 2014 The Burlington Free Press Newspaper 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 18/42 Frederick Matthew Wiseman receives lifetime achievement award At the first Vermont Abenaki Artists Association Awards ceremony at the Lake Champlain Maritime Museum June 29, 2014, Professor Frederick Matthew Wiseman was surprised during his filming of the event by being asked to come to the stage from behind the camera. Dr. Fred M. Wiseman, of Swanton, Franklin County, Vermont, who is retiring from Johnson State College at the end of July, was surprised with a certificate of Lifetime achievement and the T-shirt that he had been trying to buy for two days with no success. The award was presented by his prot\u00e9g\u00e9 and board member Jessee lawyer of Burlington, with other board members Vera Longtoe Sheehan of Westminister and Jeanne Antoinette (nee: Lalime) 1m. Lincoln \u2013 2m. Kent of Winstead, CT, looking on. The award was not specifically for his achievement in promoting the decorative and performing arts, such as fashion design, wampum (shell bead) art, Indigenous song, dance and oratory, but in his advocacy for recognition by the state of Vermont that its indigenous peoples and their artistic heritage has always been here and needed to be recognized by the state. It was this state recognition that permitted Abenaki artists, for the first time to legally sell their creations as Indian art under the Federal Indian Arts and Crafts Act of 1990. The Board members of the Vermont Abenaki Artist Association and Dr. Frederick Matthew Wiseman shared some memories of working together as long as the mid 1990\u2019s, and their continuing efforts to assure that Vermont\u2019s Indigenous arts heritage will never disappear. Koasek Abenaki Tribe citizen Cheryl O\u2019Neil, who was at the ceremony, said, \u201cIt was an amazing event to see Dr. Wiseman with some of his oldest friends and former students sharing their joy in the fruits of his more than 30 years of supporting Abenaki culture and history. It was a well-deserved treat for all of us at the Maritime Museum.\u201d The award ceremony was followed by a gallery tour of a new exhibit of work by members of the Vermont Abenaki Artists Association. The exhibit, titled \u201cTraditional Sources, Contemporary Visions,\u201d is on view at Lake Champlain Maritime Museum through October 12, 2014. July 14, 2014 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 19/42 to 27:00 of this video to Fred M. Wiseman's and Don Stevens Jr.'s statements. Frederick Matthew Wiseman: \"About 40% percent of French surnamed people in Vermont have enough indigenous blood in them to qualify to be able to join Don's Nulhegan band, or Winooski ... (sic) Missisquoi so you multiple that out and just see how many people that is, we're talking about tens of thousands of people that have significant indigenous blood in them, if they decided to do their genealogy and go back and listen to their great-grandparents or that crazy uncle, up there, in the Northeast Kingdom, that still remembers planting or stories of the old way.\" Donald Warren Stevens Jr.: \"One of the things want to mention too, is our territory up in the Northeast Kingdom ... uh ... we have one the only land grants in Vermont called (Chief) Philips Grant. It goes back, way back when, in the 1700's and then it went to ... you know, Eastman Woodland (sic) Company, then Bedel Grant, then it went to New Hampshire, and then became Vermont. Those people/signers were our relatives, my relatives, our connection to those signers, so mean we had a whole sloth of land that they leased, and you can look up in the history books and you'll see it's Phillips Grant am saying, like Fred was saying ... Interesting, the way they talk about the old seeds connecting them to preset crop. Nancy said she found 800 year old seed, which could not produce nothing ... we know this. BUT, Don Stevens of the Nulhegan (ex-St. Francis-Sokoki member) explains it as keeping seed from each crop through the years so that now they have original crop seeds ... the narrative doesn't match reality. The Kosek corn was allegedly lost by these wannabiiak some 300 years ago, saved by a white settler family, and how convenient, that the Calley family gave it to Nancy in the fall of 2006, right after the initial blanket recognition from Gov. Jim Douglas. Well, they also lost their Abenaki drum for 300 years too, so what a miracle eh. But get what narrative they are trying to put forward, to 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 20/42 legitimize themselves. BTW, that \"Koasek\" corn seed was given to Homer's years Nancy ever got hold of it. But why isn't there these particular seeds in midden and burial sites and the genome tested against other known indigenous corn varieties? That was my specific question to Professor Wiseman back then, and of course, he arrogantly took that as an 'attack' on his work. September 06-07, 2014 The Caledonian-Record Newspaper By Gordon Alexander \u2013 News Correspondent Abenaki Rendezvous Encampment at Island Pond The Nulhegan 2014 Heritage Celebration of Abenaki culture encampment took place at Brighton State Park on Saturday and Sunday. Professor Frederick Matthew Wiseman, director of the Wobanaki Heritage Center in Swanton, Vermont, seated on a blanket in the center of the encampment, gave Wampum readings and instruction, a history of Abenaki alliances, a discussion on Vermont State Recognition and what it means for the Abenaki. October 07, 2014 The Union Leader Newspaper, Page C1-C2 By Melanie Plenda \u2013 Special to the Union Leader Efforts to track down Abenaki seeds opens a door to ancient food customs braid of Koasek (Cowasuck) corn, a variety commonly grown by the Abenakis. If you walk by a field in Piermont, New Hampshire and you hear singing, it\u2019s likely Peggy Fullerton. It\u2019s not that it makes the plants grow faster or better, although who knows, it might. It\u2019s just more of a happy coincidence that the Voices of the Cowsass can practice their native songs while planting their traditional crops \u2014 think of it as a sort of multitasking of preservation. \u201cWell, it\u2019s to preserve our culture,\u201d said Peggy Fullerton, who along with the rest of her Abenaki tribe, have been collecting what remains of the seeds of their ancestors. \u201cTo have these seeds is just so exciting.\u201dAfter all, these seeds open a door to the past: Masala squash, Rose corn, Cowasuck corn, Jerusalem artichokes. The same crops sown, harvested and cooked for generations are now able to be enjoyed by a new generation of Abenaki sampling of traditional Abenaki fare including strawberry fry- bread, buffalo, Indian Tacos and Rez-steak sandwiches, will be on hand this weekend (October 11-12, 2014) at the 18th annual Abenaki Nation of N.H. Heritage Weekend at Mi-Te-Jo Campground Milton, New Hampshire. \u201cYou\u2019re eating your own history,\u201d said Frederick Matthew Wiseman, a retired Native American Studies professor at Johnson College in Vermont and citizen of the Missisquoi Abenaki tribe. He\u2019s been active in tracking down and collecting the Abenaki heirloom seeds lot of Indian people believe that food 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 21/42 is medicine. If you\u2019re eating your own crops ... you\u2019re connecting with the ancestors, and so this gives a lot more pride to the people.\u201d Frederick Matthew Wiseman said another benefit to the project is changing the way Abenaki people eat by getting them back to the natural foods of their ancestors.\u201cPeople are eating junk,\u201d he said. Traditionally, the Abenaki diet was fueled by what the men could hunt and the women could gather, according to the tribe\u2019s food history on the Paul Wilson Pouliot concocted Cowasuck Band of the Penacook Abenaki website, The women spent their days picking a variety of berries and nuts, gathering lily roots, wild rice, onions, chives, wild garlic, mushrooms, mint and swamp \u2014also known as skunk cabbage\u2014 among many other wild plants, according to the Cowasuck band. They would also gather herbs for medicines and garnishes, such as yarrow, burdock, foxglove, catnip, licorice and many others, they said. The women were also responsible for planting the tribe\u2019s crops, which included snow peas, cucumbers, and gourds along with the \u201cThree Sister\u201d crops. \u201cThey used a method called \u2018companion farming,\u2019\u201d according to the Cowasuck Band website. \u201cThe Three Sister crops were planted together on a big mound. The corn grew upwards and provided natural poles for the beans. The squash or pumpkins spread all around the base of the mound providing a cover to keep in the moisture. All three were harvested at the same time. They were also dried to be used during the winter.\u201d Meanwhile, the men went into the woods to trap wild game like moose, deer, rabbit, and turkey\u2014all of which were used for food as well as clothing\u2014and to the water for fresh- and salt-water fish. With the hard labor done, the Abenaki would put together a sumptuous and varied menu that included everything from venison, wild turkey, salmon and trout to clam chowder\u2014made with sunflower oil and nut butters\u2014 and corn on the cob. Then there was the corn bread, corn fritters, squash, succotash, mushroom or turtle soups and even maple candy lollipops, according to the Cowasuck Band. And as was their tradition, \u201cWhenever the hunter or fisherman returned from a successful expedition, his children were sent forth to distribute the catch to people in the village. The bounty was shared by all. The hunter kept only a basic supply for his family,\u201d according to the website. These days, the modern Abenaki are practicing many of the same traditions. In fact, many of the seeds salvaged from across the country are grown out. The seeds from those plants are then distributed to the members of the tribe to be grown in their own gardens and passed down. Peggy Fullerton said they also regularly host dinners replete with traditional Abenaki dishes. Among the highlights is the Three Sisters Soup, made with beans, corn and squash. \u201cThe beans soak overnight and cook for eight or 10 hours,\u201d Peggy Fullerton said. \u201cSo it\u2019s very hearty. The beans are cooked in the 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 22/42 ground. You dig a hole in the ground, line the ground with rocks, add your fire, the pot goes in there and the beans cook all day.\u201d She said she likes to use the Algonquin and Masala squash they grow and a little Connecticut Valley pumpkin for good measure. \u201cThey were raised in that valley,\u201d she said. \u201cThey should go in the soup.\u201d January 25, 2015 The Burlington Free Press Newspaper Join Frederick Matthew Wiseman at 6:30 p.m. Friday at the Missisquoi Wildlife Refuge in Swanton for his presentation, \u201cThe Seven Sisters: The discovery and restoration of ancient Wabanaki crops.\u201d In the talk Fred M. Wiseman, director of the Seeds of Renewal Project, will discuss the ancient plants that were adapted to Northern New England\u2019s soil and climate through centuries of cultivation. The Seeds of Renewal Project has worked to develop a strategy to recover produce raised and consumed by Vermont Abenakis and their relatives in Maine, Quebec, and the Canadian Maritimes. Learn about the crops\u2019 history and the ongoing work. Free. February 08, 2015 The Press Republican \u2013 Online Article By Robin Caudell \u2013 Press-Republican Saving ancient seeds: Retired professor discovers, preserves Abenaki botanical heritage Fred Wiseman picks ground cherries, also known as husk tomatoes are the same genus as tomatillos. They are about the size of a regular cherry and have a \"Chinese lantern\" like papery covering. They are sweet, some say, kind of citrusy. They are indigenous to the Champlain Valley and are the only \"condiment\" other than salt and maple syrup \u2014 Dr. Frederick Wiseman tracks through centuries old historical records and oral histories to identify and preserve ancient Abenaki seeds that could be lost forever. \u201cAbout 20 years ago moved to Vermont and discovered that had Abenaki ancestry and started working with the Abenaki,\u201d said Wiseman, who presents \u201cChasing Seeds: The discovery and restoration of ancient Wabanaki crops\u201d 5:30 p.m. Wednesday at the Vermont Archaeology Heritage Center in Barre, Vt. \u201cMy PhD is a sub discipline, ethno-botany, the study of people and plants. My specialty until recently was working with the Maya civilization in Guatemala and Mexico.\u201d 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 23/42 The retired Johnson State College professor's family origins are in Swanton, Franklin County, Vermont. He is the third Frederick Wiseman after his grandfather and father, and he lives in the home his grandfather built in 1909. \u201cThere was an ammunition's plant here in the first part of the 20th century, and he was a foreman. It was the Robin Hood Ammunition Company came back to Vermont when my father passed away. In Vermont, it wasn't cool to be Indian in the 20th century.\u201d He applied and received citizenship by the Missisquoi Abenaki Tribal Council. He started researching the Abenaki history and has published two academic and three popular books on the subject. The Missisquoi have state but not federal recognition. The state recognition allows them to sell traditional crafts and arts as Native Americans, and it gives them a legal, minority status. As part of this recognition process, Frederick Matthew Wiseman conducted a lot of historical research throughout Vermont and the Connecticut River Valley. \u201cThere was a huge wellspring of unrecorded agricultural information,\u201d Wiseman said. \u201cThe tribes were doing all types of agriculture that was recorded by early explorers in the Northeast. Some people were raising crops that were basically unknown to science.\u201d There were varieties of the indigenous staples, the Three Sisters \u2013 corns, beans and squash. Koas corn is a short corn with five-inch ears. The plant grows approximately 4 ft. high. \u201cThe thing that interested me is most of the corn we got here as well as the Mohawk corn is what we call eight-row flint, a standard type of indigenous corn in the Northeast,\u201d he said. \u201cThis corn is not a flint corn. Flint corn is like popcorn. It has a very hard covering on it.\u201d When Koas corn dries, it shrivels up. \u201cOrnamental dry, the kernels don't shrivel up,\u201d Wiseman said. \u201cIt shows it (Koas) doesn't have that hard, flinty covering on the seed called seed coat. This is really a strange corn.\u201d The Koas corn grows faster and has a lot of oil in it. The corn was found in the hills of New Hampshire. \u201cThey were given it in the 1700's by the Koas Abenaki,\u201d he said. \u201cIt's a village that existed forever. There was a French mission there. It still has an Abenaki community living there. They raised this corn and gave it to these farmers that kept it uncross- pollinated up until 2006 when they gave the corn to the Koas Abenaki tribe was at the ceremony. We planted the first ones in 2007, and it was amazing.\u201d Frederick M. Wiseman has traced 26 different varieties including corn, beans, squash, Jerusalem artichoke, ground cherries and tobacco. The Norridgewock bean comes from an Abenaki village that was destroyed by a British attack in 1724. 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 24/42 \u201cSome Mohawks came from New York to warn Norridgewock the attack was imminent,\u201d Wiseman said. \u201cIt's an Abenaki village in Maine. There is a lot of oral history that is conflicting. One of the stories that make the most sense to me, it was found growing wild on the banks of the Kennebec River in Maine. It was growing wild near the ruins of the old village and fort. That was also a mission village, too, in the early 19th century.\u201d The Norridgewock bean was cultivated by European American families in the region. Some of the beans were given to a high- school agronomy teacher, whom Wiseman found online. \u201cHe sent me some seeds. It is a white bean with a red blotch along the hilum, the white spot on the bean where it connects to the bean pod. It looks like a Maine yellow eye. Instead of yellow, it has red. It may be a variety of the Maine yellow eye.\u201d Frederick M. Wiseman has been so busy collecting the seeds; he hasn't had a chance to study them. \u201cIt's an emerging science,\u201d he said. \u201cIt's pretty raw and undigested friend alerted him to the rare East Montpelier squash. \u201cShe had a squash she got from an Abenaki gentleman in East Montpelier,\u201d Wiseman said. \u201cThe oral history that came with that it's an Abenaki squash so huge that a field of these could feed a village. It was a great, big squash.\u201d His source only had a few seeds, and she shared some with him. Wiseman had no room to grow them, and gave the East Montpelier seeds to another friend. \u201cThe seeds grew but did not at all look like the picture she sent,\u201d he said. \u201cWe were completely devastated. She gave some other seeds to friends of hers in Orange, Vt. They grew it out, and it looked exactly what we were expecting. The bad news was the couple who was raising them didn't realized how valuable it was and grew it in it a field with blue Hubbard squash, which is the same species.\u201d The squash was big and beautiful and the best-tasting squash ever. \u201cThe bad news is the squash is cross-pollinated with blue Hubbard. We were down to one seed have 350 seeds from this one plant. I'm giving these seeds to as many people as can to plant them by themselves.\u201d The goal is to weed out the blue Hubbard cross-pollination and save the East Montpeliers. \u201cIt's over the edge of extinction right now, and we're going to try to pull it back. February 09, 2015 By Liz Leafloor Quest to find Ancient Seeds and bring them to Life before they are lost to History 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 25/42 The drive to bring extinct animal species back from the dead, such as the wooly mammoth or saber-toothed tiger, is picking up speed as genetics and biotechnology science advances. But animals are not the only life in danger of disappearing forever. Botanists, historians, and plant genetics experts now work to restore and retain endangered plants and seeds which may be lost forever. Dr. Frederick Wiseman, retired professor and expert on ethno- botany, spent years researching and working with the Maya civilization in Guatemala and Mexico. But for the past two decades he\u2019s turned his attention to the plight of plants native to his homeland - Vermont, in the United States. According to daily newspaper Press Republican, Wiseman now works to identify and preserve ancient seeds which were vital to the Abenaki Native Americans of northeastern North America. The history of the indigenous plants reveals a wealth of information which would otherwise have been lost in time. He has reportedly \u201ctraced 26 different varieties including corn, beans, squash, Jerusalem artichoke, ground cherries and tobacco.\u201d \u201cThere was a huge wellspring of unrecorded agricultural information. The tribes were doing all types of agriculture that was recorded by early explorers in the Northeast. Some people were raising crops that were basically unknown to science,\u201d Wiseman tells Press Republican. Wiseman, of Abenaki ancestry himself, gives presentations on his work, \u201cChasing Seeds: The discovery and restoration of Ancient Wabanaki crops\u201d at the Vermont Archaeology Heritage Center. The Vermont Archaeology Heritage Center writes of their \u201cSeeds of Renewal\u201d project, reporting it has \u201cdeveloped a complex strategy to recover the produce raised and consumed by the Vermont Abenakis and their relatives in Maine, Quebec and the Canadian Maritimes. In addition to multiple cultivated varieties of the so called \u2018three sisters\u2019 of corn, beans and squash, [the project] recovered more unusual ancient crops such as husk tomatoes, sunflowers, gourds and tobacco.\u201d The struggle to locate and preserve specimens, and especially to repopulate an endangered plant, has successes and failures, Wiseman notes. In his search for the Norridgewock bean, a bean from an Abenaki village in Maine destroyed in 1724 by a British attack, Wiseman connected online with an agronomy teacher who had a few seeds. But seed collection takes up so many resources that it leaves little time for studying the samples, and the beans haven\u2019t yet been planted. In another case of seed rescue, Wiseman sourced a few samples of the rare East Montpelier squash. He tells the Press Republican, \u201cThe seeds grew but did not at all look like the picture she sent. We were completely devastated. She gave some other seeds to friends of hers in Orange, Vt. They grew it out, and it looked exactly what we were expecting. The bad news was the couple who was raising them didn't realized how valuable it was and grew 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 26/42 it in it a field with blue Hubbard squash, which is the same species.\u201d The blue Hubbard had cross pollinated with the rare East Montpelier, and the produce were hybrids, leaving fewer original uncrossed seeds. \u201cIt\u2019s over the edge of extinction right now, and we\u2019re going to try to pull it back,\u201d Wiseman says. Fred Wiseman is not alone in his quest to preserve ancient seeds. Botanical researcher Elaine Solowey has nurtured more than 100 rare or near-extinct species back to life as part of a 10-year project to study plants and herbs used as ancient cures. She has grown plants and herbs used in Tibetan, Chinese and biblical medicine, as well as traditional folk remedies from other cultures to see whether their effectiveness can be scientifically proved. Most notably, Solowey resurrected an extinct date palm from 2,000-year-old seeds found in an archaeological dig at Masada, in the southern district of Israel. The Judean date palm had been purposefully eradicated in ancient Judea in 70 A.D. by the invading Roman Empire. In 2005, Solowey planted and nurtured the seeds, producing a sapling no one had seen in centuries and becoming the oldest known tree seed to germinate. The plant was nicknamed \"Methuselah,\" after the longest-lived person in the Bible. For now, Wiseman and others will continue their search to restore ancient seeds with an aim to preserve not only the plants themselves, but the history and the cultures which relied on such natural wealth. The struggle to do so continues, aided in part by more open communication and advancing technologies. \u201cIt's an emerging science,\u201d Wiseman tells PressRepublican. \u201cIt's pretty raw and undigested.\u201d February 09, 2015 The Press Republican [Online] By Robin Caudell, Press-Republican Email: rcaudell@pressrepublican.com Twitter@RobinCaudell Saving ancient seeds Retired prof discovers, preserves Abenaki botanical heritage \u2026 See February 09, 2015 article entitled, \u201cQuest to find Ancient Seeds and bring them to Life before they are lost to History\u201d] Spring 2015 [Written on February 12, 2015 by Frederick Mathew Wiseman, PhD] Issue thirty-two The Seeds of Renewal Project 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 27/42 The Koasek Abenaki Sun Dancer at the 2014 Harvest Celebration, Piermont, New Hampshire. Back in the 1950\u2019s and 1960\u2019s (Frederick Matthew Wiseman PhD.) often visited my grandparents in northwestern Vermont during the summers remember children and teenagers enthusiastically riding their bikes with bucket and spinning rod, heading down to the Missisquoi River to fish remember Abenaki families, who were often very poor, living off the waters and lands by hunting and fishing remember children and adults gathering edible plants: marsh marigolds, wild onions, and fiddleheads in the spring, wild herbs, roots, and nuts in the summer and fall. Today live in Swanton, and it\u2019s clear that this rigorous but ultimately healthy outdoor lifestyle has largely been replaced by the intake of commodity food, which is heavily reliant on refined carbohydrates, fats, and processed items. This fundamental change from a land-based to an industrial food system is most certainly contributing to our region\u2019s childhood obesity problem, and have found that Vermont\u2019s indigenous Abenaki communities have been particularly hard hit by this cultural transformation. This is in large part why, after more than 30 years of getting to know Vermont\u2019s Abenaki tribes from Lake Champlain to the Connecticut River Valley launched a new project, called Seeds of Renewal. Its mission is to assist and encourage the Abenaki tradition of seed saving and indigenous gardening by helping to track down rare or long-lost seeds native to northern New England am proud to share the story of this project with the greater Vermont local food community, which may not be aware of all that is taking place within Abenaki agriculture. Seeds of Renewal took root while was working with Vermont\u2019s Native American communities in 2006 to record their cultural, geographic, and historical information in preparation for their applications for Vermont state recognition. Success was finally achieved in 2011 to 2012, when four bands were acknowledged by the Vermont Legislature. As part of this work discovered that agricultural engineering and horticultural techniques recorded by early explorers such as Samuel de Champlain were still being practiced by Abenaki farmers in Franklin County, the Northeast Kingdom, and the Connecticut River Valley. When visited these farmers found rare and supposedly \u201clost\u201d aboriginal crops still growing on hill farms or escaped and spreading along valley river banks quickly discovered, in talking to Abenaki farmers, that there were a few distinctive native-origin crop varieties still being grown locally, some of which were extremely endangered. Also, discussions with indigenous food activists such as Steve McComber of Kahnawake (a Native American reserve outside Montr\u00e9al) led me to other ancient crops used by Vermont\u2019s indigenous people. So in 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 28/42 2011 began an intellectual quest: to gather these rare seeds and other agricultural information and deposit them in one place. At first, it seemed impossible to track down the crops that had learned had ancient roots in Vermont, Maine, and New Hampshire. People had heard of this bean or that squash, but by the summer of 2012, it seemed there was little hope of obtaining acknowledged aboriginal seed, except for one variety of corn and a couple of minor crops. But after talking with indigenous seed savers and food activists in late 2012 eventually tracked down Native American sources for some crops as far away as Manitoba and Colorado, while others were fortuitously discovered in rural farm stands and food co-ops, or discovered growing wild in their original habitats. The seed hunt, with its extraordinary cast of characters and the exotic places that served as refuges for the crops, was as captivating to me as the seeds and data themselves was also able to re-locate the seed of crops that had been collected by a defunct Native American organization in central Vermont that had had a seed- saving program in the 1990\u2019s. By the 2013 spring planting season had tracked down 14 crop varieties that had a possibility of ancient Native origin in northern New England and adjacent Canada, and had leads to many more. Of course this labor could not be merely an academic exercise: the seeds had to be planted or properly conserved, or else their genetic lineage would be lost forever. But did not have a large enough garden to even experiment with the crops, so had to find partners with both land and the appropriate knowledge and commitment to care for the precious germ plasm. From my work in ethnobotany years ago knew that many of the seeds in my care, especially those of corn and the cucurbits (squash, pumpkins, and gourds) had to be planted in such ways that they could be properly pollinated by plants of the same cultivated variety, but not by others. This botanical mandate would require a lot of land, and had to find a solution to this challenge quickly first went to the four Vermont state-recognized Abenaki bands in the fall of 2012 and offered them the seeds in my care, with the caveat that they needed to be planted in such a way as to preserve their genetic purity. The tribal response was varied, ranging from eager to nonexistent, so realized needed additional collaboration. Shelburne Farms in Shelburne and the Abenaki Heritage Garden at the Intervale Center in Burlington offered to \u201cgrow out\u201d the seeds. However soon learned that the seeds could not be grown in conditions that would preclude cross- pollination a major problem for the preservation of genetically uncontaminated corn and squash varieties. But the organizations helped immensely with growing out the seed of self-pollinated or single-cultivar types, and this yielded large stock of usable sunflower, ground cherry, Jerusalem artichoke, and several bean varieties in the 2013 harvest. 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 29/42 Eventually, one of the original state-recognized Native American tribes slowly became the focus of the Seeds of Renewal revitalization program. The Koas (or Koasek) community is relatively small and is still located in its old homeland in the Connecticut River Valley, in the Newbury, Vermont/ Haverhill, New Hampshire area. In 2006, the community had been given an ancient strain of Abenaki corn that was originally given by their ancestors to Anglo farmers in the 1700\u2019s. This seminal cultural event led the Koasek community to focus on agriculture and to rally around \u201ctheir\u201d corn as an integral component of their native identity. When offered the Koaseks the seeds that had collected in early 2013, they eagerly accepted all but one variety of corn (which they could not grow, because of the cross pollination problems alluded to above). One farmer, Peggy Fullerton of Piermont, New Hampshire, planted the crops in gardens heavily fertilized with manure from her cattle, and they grew extraordinarily well in the New Hampshire summer sun, producing huge sunflowers, squash, and pumpkins an exciting sight to behold community harvest supper organized for the fall equinox of 2013 saw the first fruits of the Seeds of Renewal project prepared as three-sisters soup, Koasek corn-on-the-cob, squash muffins, and a host of other special heirloom recipes using these ancient crops. The meal, held at a church in Piermont, New Hampshire, was attended by numerous of members of the Koas community. Of course, most of the seed crops, such as sunflower, beans, and corn, did not yet produce enough for anything more than display or experimental dishes. That fall, the Koaseks indicated they wanted to create a specialized field, away from other gardens, specifically to grow the Seeds of Renewal crops. They needed a little financial help, which provided, and they were able to open a large garden in a former hayfield, ready to plow in early 2014. The saved seed, augmented by 10 new varieties that had tracked down over the summer and fall of 2013, was planted, and once again the crops grew luxuriantly. The September 2014 Harvest Supper finally had enough indigenous produce to put on a spectacular feast. Once again, neglected recipes that had faded over the years were being dusted off, ready to influence the re-emergence of an Abenaki cuisine. For me, one of the highlights of the dinner was a performance of the songs, ritual, and dance of Green Corn Ceremony, rites that had languished or become mere theater for paying Euro-American audiences. This re-emergence of agricultural ceremony was the last piece of the puzzle for the Seeds of Renewal project, for out of 30 or so Native American seed-saving programs in the United States, none seems to have interest in reviving agricultural ceremony and the ritual calendar that organizes it. In talking with tribal elders quickly came to the conclusion that an agricultural calendar integrating ritual with agricultural technology was the keystone to the whole program. 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 30/42 So the Seeds of Renewal project began working with historical documents, archival film, and the memory of tribal elders to develop appropriate music, protocol, and choreography for the reviving of the dances and rituals. Historically appropriate ceremonial clothing and ceremonial objects were also made available. Few bands were interested in the hard work of learning and perfecting the musical and dance performance required for the proper execution of revived ceremony, but the Koaseks were interested in the whole system and considered a ritual calendar important for the community. By 2013 they had begun to re- arrange their ceremonies away from a typical summer powwow format to performing the proper agricultural ceremonies at the appropriate times of the year. So today, seeds, cropping technique, and ceremony are once again functioning together in the upper Connecticut River Valley, as they were centuries ago am amazed by how far Vermont\u2019s and New Hampshire\u2019s Native American community has come in the last four years in re- invigorating its food system. They are doing it in their own way, not by relying on any fashionable outside food trends. They treat the indigenous food system holistically from seed, to gardening technique, to ceremony, to cuisine. This is unique in North America and has become a prototype for other native communities in New England. Last October, some Koaseks journeyed to the Maine towns of Pleasant Point and Princeton to give the Passamaquoddy Indians the Seeds of Renewal seed. In addition, the two Passamaquoddy museums sponsored Seeds of Renewal training seminars on proper planting, ceremony, and cuisine. Other Native American nations have asked to be included in 2015, and so the program is moving out of its cradle and has a bright future. Seeds of Renewal cultivars as of Spring 2015 (year) = Year of first planting of noncommercial varieties (C) = Commonly available commercial varieties Calais Corn (C) Koas Corn (2007) Gasp\u00e9 Corn (2013) Abenaki Rose Corn (2014) Tom Thumb Popcorn (seed in hand) Jacob\u2019s Cattle Bean (C) Vermont Cranberry Bean (2013) Skunk Bean (2012) True Cranberry Bean (2013) Dolloff Bean (2014) Marfax Bean (2014) Low\u2019s Champion Bean (2014) Norridgewock Bean (2014) Connecticut field pumpkin (C) White Scallop Squash(C) Curtis/Penobscot Pumpkin (2013) 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 31/42 Algonquin Squash (2013) East Montpelier Squash (2014) East Montpelier Turk\u2019s Cap Squash (2014) Boston Marrow Squash (seed in hand) Worcester Pumpkin (seed in hand) Cambridge Jerusalem Artichoke (2012) Hardwick Ground Cherry (2012) Morrisville Sunflower (2013) Note: Some semi-commercial cultivars such as Vermont Cranberry and Marfax Beans are sold in farmers\u2019 markets or by specialist seed companies. When possible, we selected varieties preserved by Indigenous or M\u00e9tis people. Fred Wiseman, a retired professor and former department chair of Humanities at Johnson State College, is a paleo-ethnobotanist who has studied the Maya people of Mexico and Central America and the modern ethnobiology of the Sonoran Desert. His interest in the Abenakis began in 1985, after he learned that he had Abenaki ancestry. April 24, 2015 The North Country News Newspaper, Page A8 Abenaki Ethnocide in the Green Mountains: Program to be held at the Bradford Academy Building Program to be held at the Bradford Academy Building, 172 Main Street, Bradford, Vermont from 1:00 p.m. to 3:00 p.m. on Saturday, April 25, 2015. Presentation Sponsors: White Pine Association, Inc. and Koasek Traditional Band of the Koas Abenaki Nation. Presenter: Frederick Matthew Wiseman, Ph.D. \u2013 Tribal Historian Professor Frederick Matthew Wiseman of Swanton, Franklin County, Vermont has pursued a decades-long quest to understand historic Wabanaki culture, ecology and history. This presentation is a report on the four hundred year war between the indigenous Peoples of Vermont and European settler governments, and more recently other indigenous governments. The presentation has been gleaned from Wiseman\u2019s exhaustive research in historic documents as well as participating in the resolute defense of the Vermont Abenakis against the State of Vermont\u2019s 1995-2006 attempted ethnic erasure of the \u201cAbenakis\u201d in Vermont. Join Professor Wiseman as he shares the results of his study of ethnic erasure in a state that considers itself one of the most tolerant in the United States. Frederick Matthew Wiseman begins his history of Native American oppression with the idea of personal and community identity; and 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 32/42 proceeds to the reasons why Native Americans are treated entirely unlike the \u201cClassic\u201d American minorities. Rhoda (nee: Daigle) Breed (from Odanak?) The presentation will be illustrated with slides, discussion and performance by the \u201cVoices of the Koas\u201d Abenaki singers and dancers. Food and discussion will follow. Donations to support the Koasek educational series will be gladly accepted. May 26, 2015 The Local Banquet Periodical Magazine, Pages 12, 13, 21 Written By Frederick Matthew Wiseman Sun Dance Season: An Abenaki Summer 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 33/42 Every culture has a different take on summer. The northern Europeans considered the summer solstice \u201cMidsummer\u2019s Day,\u201d while in the United States we treat the solstice as the beginning of that season. For the Abenaki, summer officially begins during the hoeing and planting times, what we consider late spring, and lasts up to the Green Corn Festival, the official \u201ckick-off\u201d of the harvest would like to share with you what have recently learned about how the First Vermonters till the soil and plant and nurture their crops in ways that may be quite distinct from what we are used to. Late May and June usher in the agricultural season. Ancient signs are sought by Abenaki farmers as a signal that it is time to begin tilling and planting. The disappearance of snow from a distant, beautiful mountain is the sign for the Upper Connecticut River Valley Abenaki Community of Koas to begin planting. The indigenous gardening technique of choice is what call the \u201ctruncated conical mound,\u201d a small flat-topped hill from three to five feet in diameter at the base. Koasek elder Peggy Fullerton puts it this way: \u201cThe mounds are weeded by the children, and we always make sure that their little hands can make it to the middle of the mound to pull out the weeds, without disturbing the soil.\u201d So the weeders set the parameters of mound size. Former Koasek Chief Nancy Millette says that when she was a child, she and her little friends went to the Connecticut River and its tributaries in the spring to catch the sucker fish that ran in huge schools so thick \u201cthat you could almost walk upon them.\u201d She says the fish were not for eating, but for the gardens. This was a revelation to me, because had known that the Abenaki word for sucker fish was \u201ckik\u00f4mkwa,\u201d and the first syllable was hauntingly similar to \u201ckik\u00f4n,\u201d the Abenaki word for field had dismissed the connection, but after Chief Nancy\u2019s information sunk in discovered from 18th-century Abenaki dictionaries that the word originally meant \u201cthe garden fish.\u201d So linguistics from years ago explains an obscure cultural connection between spring fish runs and the gardens that were being prepared at the same time. Today, it is traditional to insert one or more fish or parts of fish \u201cabout the size of your open hand\u201d 8 to 18 inches deep in the mound. The arrangement of the Wabanaki mound plantings varies with the crops selected. Modern corn, bean, and squash varieties are usually companion-planted with corn in the center, pole beans to 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 34/42 the side, and squash on the edge of the mound\u2014the standard \u201cthree sisters\u201d system. However, the three sisters companion- planting schema does not work with the newly (re) discovered indigenous Wabanaki cultivars (Local Banquet, Spring 2015), because Wabanaki corn is too short, the bean vines are too long for the corn, and the squash plants are too tall, shading out all else and allowing mold and pest infestation. An old system has been resurrected in the Upper Connecticut River Valley to allow the three local species to perform better together. In the center of each mound a \u201cbean tipi\u201d of saplings is erected and the vines trained up the framework. The corn is planted around the beans with the squash planted as usual on the periphery and allowed to trail down into the inter-mound areas. The seeds are laid on top of the mounds, then \u201cpunched in\u201d with the index finger, its joints the measuring stick determining the appropriate planting depth. The beans are planted some time after the corn and squash. Jerusalem artichoke roots and sunflower seeds are planted to the side of the mound areas because of the sunflowers\u2019 height and the artichokes\u2019 invasive character. Recently, one Indigenous farmer discovered that ground cherries discourage Japanese beetles and are companion planted with crops such as \u201cNorridgewock\u201d beans that are especially susceptible. Field preparation and planting, like all parts of the agricultural cycle, is a social and religious event. Planting ceremony may be relatively simple, just a quiet moment of prayer in the Northeast Kingdom; there are more elaborate ceremonies in the Connecticut River Basin. The first part of the more complex planting ceremony involves a recognition of the four directions by one or more elders suspect that it may be a descendant of the various recorded historic Wabanaki \u201ccalling in\u201d songs that are supposed to alert the ancestors and spirits that a ceremony is about to take place especially like the (unnamed) Koasek Ceremony where children take cornmeal from small wooden boxes and spread it on the fields. It\u2019s a wonderful sight to see the kids marching solemnly around the field\u2019s perimeter giving a blessing to the fields for a good summer and harvest. There is always a fire pit lending its fragrance to the event, usually with last year\u2019s beans or other goodies baking, and coolers of frosty beverages\u2014ready for a meal following the ceremony and planting! This is the time when Wabanaki ceremony also turns to asking the sky beings, especially the Sun and the Rain, to bless the growing crops. The first rite is the Sun Dance, a directional-based ceremony where the cardinal directions and the people living in those directions come together to honor the Sun. The dance consists of the sun dancer and eight dancers, arranged in pairs (usually a man and a woman) who execute a graceful choreography of circling the sun dancer and then approaching and retreating as a sign of respect. This is still performed during the planting season, often as an expression of identity and culture, as well as to seek nurture of the crops. 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 35/42 After planting, and checking for proper germination, the fields more or less fend for themselves during June through early August. When possible, gardeners fence in their plots from deer and other pests. Most gardeners just use inexpensive chicken-wire fencing from the local hardware store. However, the Abenaki Heritage Garden in the Burlington Intervale has built more traditional willow \u201cliving fences.\u201d They are made by cutting live willow branches in the early spring and planting them in the cool, saturated soil significant number take root and flourish. Those that do not can be replaced with freshly cut stock. The flexible branches are woven together to keep the four-footed herbivores out, but do not seem to deter rabbits and raccoons worry that willows are horrific water users and may deplete the fields\u2019 moisture, making them not a useful horticultural tool. Maybe if the fences are kept small, more distant from the mounds or root pruned, they could be used, so am unsure about their efficiency\u2014 pest management vs. water loss. After the summer solstice, the Rain Dance is added to the Sun Dance, to make a combined ceremony of asking for nurture of the crops by the sky beings. It is interesting that the Rain Dance is the only agricultural ceremony that we have a written record of, in a Highgate, Vermont oral history that recalled an early 20th- century man who performed the dance. The Rain Dance also has the Sun Dancer, but adds the Moon Dancer and a group of at least four women who portray a passing thunderstorm, with their carved and befeathered staffs representing lightning and thunder. Between representations of storms, the Sun and Moon Dancers dance together to symbolize their influence over the growing crops and other life on earth. And so with hand tending, song, and dance, the gardens grow strong. By August, the waiting is over, the corn and beans are rapidly approaching ripeness, and the squash and pumpkins are obviously going to succeed, so it is time to take a breath. Ripe summer squash can be harvested and made into delicious summer stews, and the skunk beans can be cooked, as are lima beans\u2014a mere harbinger of the harvest that awaits, offering new opportunities for ceremony and new cuisine to the mix. But that is another story! June 28, 2015 The Union Leader Sunday News Newspaper, Pages F3-F5 By Melanie Plenda \u2013 Special to the Sunday News Native People\u2019s music and manner forced underground for generations Eyes closed, the room falls away leaving a clearing in the woods. The air carries the smell of pine boughs and wood smoke and the sound of a woman\u2019s voice, tender and soft. \u201cGailoh nee oot kwassin drum quietly thumps in time to the night noises and the breathing of the woman\u2019s baby, eyes ready to close. Another voice 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 36/42 is heard in the clearing, low and slow, \u201cOo-ooo-ooo-ooo-ooo-ooo- ooo,\u201d as a second drum picks out more sounds. One by one, more voices join in and the village is quietly alive with the hum of mothers sending their babies off to sleep with a last word of love before they go. \u201cWe had a gentleman HE?] who heard this song and he remembered his mother singing it to him when he was a child,\u201d said Rebecca Bailey of Piermont, N.H., director of the Voices of the Koas Abenaki Women\u2019s Choir. \u201cHe was in his 90\u2019s \u2026 This music has some real historical significance.\u201d Its history is particularly important, since up until a year or two ago, the music of the native people hadn\u2019t been heard in this region since the early 1900\u2019s. That was when a fear of the Eugenics craze \u2013 the concept of improving a human population by controlled breeding to increase the occurrence of desirable heritable characteristics \u2013 in Vermont and New Hampshire, caused many Abenaki to flee and quieted the voices of those who stayed. But for the past two years, with the help of an Abenaki historian Frederick Matthew Wiseman, Rebecca Bailey and a group of determined women and children have worked to bring back the music of their ancestors back to life. To that end, the Voices of the Koas women\u2019s choir has released its first filled with recordings of traditional Abenaki music, such as the Wabanaki Lullaby, described above. \u201cIt was overwhelming,\u201d Rebecca Bailey, who is also Abenaki, said about the songs for the first time. \u201cIt was also saddening. Music is an incredible thing. Whether it\u2019s in the language that you speak or not, it speaks to you. And to think that somehow things had gone so far awry, that this music had stopped was pretty saddening.\u201d Early recording About three years ago, Abenaki historian Frederick Matthew Wiseman was visiting the Lake Champlain Maritime Museum in Ferrisburgh, Vermont, when a colleague shared with him a of some recordings that a citizen in the colleague\u2019s tribe had obtained. One of them was Abenaki songs from the early 20th century that, nearest they could tell, was recorded on wax cylinder or an early form of vinyl. The first recording was from the Abenaki village of Odanak, one of the two Abenaki communities in Quebec, Canada. The other recording featured Th\u00e9ophile Panadis, an Odanak Abenaki singer, playing the drum and singing the lyrics to these songs. \u201cThese were just rough recordings,\u201d Frederick M. Wiseman said. \u201cAnd the recordings weren\u2019t separated. They were all together. In other words, it was just one big mish mash.\u201d Since the has passed through several hands before reaching the museum, it wasn\u2019t clear how old the recording were. But Frederick Matthew Wiseman said Th\u00e9ophile Panadis, who died in 1960, 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 37/42 sounded elderly in the recording and so placed it sometime in the 1950\u2019s. Frederick Matthew Wiseman understood not only the historical significance of these finds, but the cultural impact they were going to have as well. He took the CD\u2019s home and with a computer program, cleaned them up as best he could. His wife, Anna (nee: Roy) Wiseman, then listened to them over and over again to get the words down on paper. Then, she and her husband put together a that had both the original recording and Anna (nee: Roy) Wiseman singing a clearer version. Once it was finished, he shared it with the Koasek of the Koas, one of the four state recognized tribes in Vermont with members hailing from both New Hampshire and Vermont. When Rebecca Bailey heard the recordings she knew she had to do something with them. She and a few like-minded women joined forces to form the Voices of the Koas women\u2019s choir group with the intent of sharing the songs with members of their tribe and using them to educate others. While it is not exactly clear why this music fell out of use, there are many Abenaki point to the Eugenics Survey of Vermont as a major reason. \u201cThat\u2019s one of the forces that drove Abenakis underground,\u201d Frederick Matthew Wiseman said. \u201cSo if you were singing the Abenaki songs or anything like that, you could be targeted by the Vermont Eugenics Survey of Vermont.\u201d Government work According to the University of Vermont, Henry Farnham Perkins, then a professor of zoology at the University of Vermont, put together the Eugenics Survey of Vermont in 1925. The goals of the survey were to further eugenics research, educate the public about eugenics and reduce populations of those who were considered social problems \u2013 including people such as the Abenaki. This eventually led to atrocities such as Vermont\u2019s sterilization law in 1931, which asked members of these populations to agree to voluntary sterilizations. While the majority of these efforts \u2013 in this region anyway \u2013 were concentrated in Vermont, New Hampshire also participated. \u201cThe government of both states did this, but more so in Vermont,\u201d Rebecca Bailey said. \u201cIt was a time when being Native American was a bad thing lot of them went into hiding, some of them up into the mountains, some to Canada, and some were hiding in plain sight. They stopped doing anything that was the cultural norm for Abenakis. They started changing their names, they weren\u2019t singing the songs because if someone heard them, they would be pinpointed as Abenaki and there was sterilization and all sorts of nastiness going on. We have older people to this day that we know are Native Americans and they will not admit it because there is still the stigma of being Abenaki.\u201d 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 38/42 It makes bringing the culture back even harder, she said, but that\u2019s not stopping the Voices of the Koasek Women\u2019s Choir group. In addition to making this recording, the group has traveled to schools, nursing homes, senior citizen centers, historical societies and festivals all over New Hampshire and Vermont to share the discovery. At each stop, they sing the songs and do the dances of their ancestors. \u201cOur hope all along has been that we remind people that the Abenaki are still here,\u201d Rebecca Bailey said. \u201cAnd my own personal hope is that somebody is going to hear this and they\u2019re going to go, \u2018my grandmother sang that,\u2019 or remember this,\u2019 or know of these other songs that were sung to me,\u2019 and then maybe we can gather more of our lost culture, more of our lost history by putting this stuff out there.\u201d The CD\u2019s cost $10.00 dollars and can be purchased on the Voices of the Koas website voicesofthekoas.com July 02, 2015 introduced myself as Douglas Lloyd Buchholz, that am researching the \u201cAbenaki\u201d dynamic within and NH, as well as mentioning my blog The Reinvention of the and \u201cAbenaki inquired about the Medor / Caijias family allegedly being in the Akwesasne area, allegedly being baptized within the Parish there at Hogansburg or directly within the Mohawk community of Akwesasne. Janeth Lazore Murphy stated in reply to my posted inquiry that NO, the Parish Records do not have Abenaki names therein Christian names, and that the Abenakis she\u2019d ever came across within the Parish Records of Akwesasne that are extant, were from St. Francis (Odanak), such as the Benedict\u2019s, Laughing Family also made mention of Frederick Mathew Wiseman PhD, the Bruchac\u2019s, and the \u201cNulhegan\u201d group having visited Akwesasne, a brief mention of what thought of both Wiseman and the Bruchac\u2019s, and also that Homer St. Francis, Wayne Hoague, and Tom Dostou had come to their community of Akwesasne in years past, per my research. Subsequent posts were in relation to Steven Seagal to Rene Gar and his claims to being a Mohawk descendant shared those genealogical files, one photograph, and a newspaper article from Aug. 1980 regarding his mother Patricia, with the First Families of Akwesasne. Also mentioned by my person, was Doris (Cheney) Decair - Minkler of Swanton, Franklin County, Vermont. She was known as \u2018Grandmother Doris\u2019 with the Indian name of \u2018Morning Dove made an inquiry or question to the effect that had been sensing that a \u2018vacuum\u2019 had been created when the Abenakis, such as the Panadis / Benedict Family had relocated outside the northwest Franklin County, Vermont area ca. 1790-1830 time frame, that perhaps some \u201cAbenaki\u201d families from Akwesasne had \u2018filled\u2019 that vacuum by moving eastward out of the Hogansburg \u2013 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 39/42 Keeseville, New York? And that saw Doris Minkler genealogically, descended from the Rice family from to Kahnawake (formerly Caughnawaga) descendant-wise, coming down into Franklin County, Vermont through the Pierre Dicair (DeCarr)/ Cecile \u2018Anenharisonnise\u2019 Rice family ca. 1723-1793 time frame. This couples ancestors having moved from Kahnawake, to Oka, down into New York also made mention in the postings that Frederick M. Wiseman PhD attempted to \u2018steal\u2019 4 Mohawk men\u2019s identities, Bero, Loran, Laughing/Laughlin and Squires ... as well as two Chiefs of the Abenakis, that being Nicolas Panadis/Benedict of Odanak, as well as the northern Upper Coos 1796 Chief named Philipp that had connection with Luie Metallic of the same time frame. And that Antoine Philips of Franklin County claimed to be a sibling to Luie Metallic, and implied to both be the sons of Philipp, the Upper Coos Chief ... that the Vermont Phelps/Philips yDNA qas B-M181 and Metallic\u2019s yDNA was C-M216. Thereby Antoine Phillips Sr. and Chief Philipp could not be related whatsoever to one another. Also stated, was that the Bruchac family, in particular Joseph and Marge Bruchac (siblings) have not shown any evidence other than their purported \u201coral history\u201d to imply connection(s) to the Abenakis, whether at Odanak or Vermont, etc went back onto Face Book and was checking my groups, and noticed that was no longer able to access or even see the group \u2018First Families of Akwesasne\u2019 while in my Face Book account subsequently emailed Darren Bonnaparte of Akwesasne inquiring if had posted anything/ or something that perhaps was 'inappropriate' within the group. July 12, 2015 The Press-Republican Newspaper [online article] Plattsburgh By Robin Caudell - Press-Republican Home and Garden Section Retired Professor tracks ancient seeds: Fred Wiseman to share tales of his hunt for ancient produce on July 19, 2015 This graphic provided by the Seeds of Renewal Project shows rare heirloom varieties of squashes and pumpkins indigenous to the territory of the Wabanaki Native American tribe. At the Rokeby Museum in Ferrisburgh, Vt., on July 19, 2015 Project Director Fred Wiseman will discuss his search for the seeds of rare and ancient varieties of corn, bean and squash \u2014 Learn about ancient varieties of corn, bean and squash from Fred Wiseman, director of the \u201cSeeds of Renewal Project\u201d at the Rokeby Museum in Ferrisburgh, Vt. At 3:00 p.m., July 19, 2015 Wiseman will give a 10 minute overview of ancient seeds and share his challenges in locating and obtaining crops that are extinct in Vermont started in 2011 and talked to a Mohawk ethno-botanist (Steve McComber) friend of mine,\u201d said Wiseman, who is a Johnston State College emeritus professor (Footnote 1) of anthropology and ethno-botany and member of the Sovereign Abenaki Nation. \u201cHis name is Steve McComber. He\u2019s from Kahnawake. He gave me a beginning list of corn, bean and squash varieties he suspected 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 40/42 Posted by Douglas Buchholz at 9:11 were Abenaki. That\u2019s how the seed search began.\u201d Fred Wiseman tried to track seeds in Vermont but only discovered the cranberry bean. \u201cPeople have heard of them but no one had them,\u201d Wiseman said. \u201cBut people knew people who knew people, and went online. Thank goodness for the Internet. By the end of 2012 tracked down about 15.\u201d He pinged on Roy\u2019s Calais, a variety of corn found it at an organic seed producer in Vermont,\u201d Wiseman said. \u201cThat was one of the earliest ones found another source for a Vermont bean that started in Chester, Vt. called the skunk bean.\u201d He found a woman in Colorado that raised the bean. \u201cSteve McComber put me in touch with some seed savers all the way in Manitoba,\u201d Wiseman said got a tiny, little variety of corn called Gasp\u00e9 also got Algonquin squash that is supposed to be growing in this area.\u201d He chatted with cantankerous farmers, who remembered some of the lost varieties. \u201cBy 2014 was able to track some Vermont varieties of corn, bean and squash being grown in little hill farms,\u201d Wiseman said. He netted the Dolloff bean. \u201cThat\u2019s a really weird bean grown over in the Northeast Kingdom.\u201d Wiseman is working with the Koas, who live in the Connecticut River Valley around Haverhill, New Hampshire found rumors of Lancaster bean only 15 miles from there,\u201d he said know people who know people who know the person that is supposed to have it really want to get that particular variety back to them.\u201d In his quest to resurrect a new indigenous cuisine, Wiseman is hot on the trail of a Tene bean that originates with the Passamaquoddy on an island off Maine\u2019s coast.The Fortin bean leads him across Vermont\u2019s border into Quebec. \u201cSome of these people don\u2019t have the Internet, so have to write them,\u201d Wiseman said. depth/history/emeritus-faculty Footnote 1. In the Vermont State College system, Emeritus status is granted by special vote of the Board of Trustees, and goes after retirement to outstanding, long-time professors who have a record of outstanding teaching and professional achievement and have provided a high level of service to the college. 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 41/42 Newer Post Older Post Home Search Search This Blog Copyright \u00a9 2009 - 2025 The Reinvention of the Alleged Vermont and New Hampshire Abenaki. All Rights Reserved. No individual, nonprofit organization, or commercial business may use any part, any documents or commentary, of this blog for any reason whatsoever in any media or format without first obtaining the notarized written permission from the author, Douglas Lloyd Buchholz. Please note - - - this blog content and commentary is copyrighted material. No one has permission to copy any material from this blog, e-mail it to others, or post it on their web sites that person obtains written authorization from Douglas Lloyd Buchholz. If you want others to see it, it is encouraged that you share a to this content and or commentary. To do anything more, is a violation of Federal Copyright Laws! ~ Thank you. Simple theme. Powered by Blogger. 2/16/25, 11:07 The Reinvention of the Alleged Vermont and New Hampshire Abenakis: The about Frederick Matthew Wiseman PhD.- PA\u2026 42/42"} |
8,548 | Martin Philbert | University of Michigan | [
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] | {"8548_101.pdf": "High-ranking official has years of misconduct allegations \u2014 and school knew Published 6:00 a.m Feb. 12, 2020 More than 20 women have now made sexual misconduct complaints against University of Michigan Provost Martin Philbert, some stretching back more than a decade, according to multiple sources with knowledge of the investigation. Not all of the allegations were unknown to the university. At least three times over the years, complaints about Philbert's behavior were made to administrators at the school, multiple sources said. One of those involved a lawsuit that was settled that contained allegations of Philbert and a researcher in his lab having a physical relationship. The other two complaints revolved around what multiple sources called Philbert's verbal \"overtures\" to various people working with and for him during his time at the school. The other complaints were filed after Philbert was placed on administrative leave last month and involve various levels of sexual harassment, sources said. The sources spoke on the condition of anonymity because they were not authorized to speak about Philbert or the investigation. Philbert has been promoted multiple times at the university, including into his current position as the top academic officer at the Ann Arbor school. Philbert is on paid administrative leave while the university investigates the complaints against him. The university announced the leave Jan. 22 after multiple complaints by women were filed against him with the school's Title office. David Jesse Detroit Free Press 2/16/25, 11:07 knew of sexual misconduct claims against provost, sources say 1/7 Outside investigators hired by the university to probe the initial complaints are now working back over Philbert's career at U-M, sources said. Philbert has been at since 1995 and is known as a talented, charming, empathetic researcher and administrator. He also is known for making inappropriate comments, said multiple sources who either work with him or used to work with him. He is the highest-ranking administrator at to be accused of sexual misconduct. U-M, like other campuses, is in the midst of ongoing controversy and debate over how it handles sexual misconduct allegations is also the center of a landmark court ruling that changed the way allegations by students are handled across the Midwest. Philbert was unable to be reached for comment also declined to answer specific questions about Philbert, his past at the university or the investigation. \"We believe it is critical that we all allow the outside investigators to determine the facts spokesman Rick Fitzgerald told the Free Press. \"While that process is ongoing, there is very little we will be able to say. Responding to your individual questions could undermine that investigation \u2014 and we will not do that. \"It\u2019s also important that we make sure those who are coming forward with information get the support they need. The university urges anyone who may be aware of prohibited conduct at the university to report it to Police, the Office for Institutional Equity or a confidential source, such as SAPAC, the university\u2019s Sexual Assault Prevention and Awareness Center surprise? The ding of email boxes all across U-M's campus in the early afternoon of Jan. 22 brought with it a bombshell \u2014 the school's provost was on paid leave while an investigation was started into sexual misconduct allegations President Mark Schlissel outlined what had happened and the process. \"With the endorsement and full support of the Board of Regents have placed Dr. Philbert on administrative leave, effective Jan. 21, 2020, pending the results of an investigation we began on Friday, Jan. 17,\" Schlissel wrote. \"We take allegations of sexual 2/16/25, 11:07 knew of sexual misconduct claims against provost, sources say 2/7 misconduct very seriously, and our policy is clear: Sexual misconduct will not be tolerated in the University of Michigan community.\" More: Michigan Provost Martin Philbert placed on leave after sexual misconduct allegations More: U-M's official statement on Philbert leave Schlissel's message did not detail the complaints against Philbert. The university hired an outside law firm, Washington, D.C.-based WilmerHale, to investigate, the school's police department began its own probe and Philbert was told not to come to work. Attorneys with WilmerHale are now deep diving into Philbert's past. At U-M, the Office for Institutional Equity would normally do an investigation into allegations and is supposed to report directly to the provost. Schlissel moved this investigation to report to Associate Vice President for Human Resources Richard Holcomb. \"The Board of Regents and are committed to a full and thorough investigation, and we will continue to work to ensure the integrity of the process, following the same policy and practices that apply to all employees at U-M. It remains early in the investigation, and no findings or conclusions have been reached,\" Schlissel said. Philbert has spent his entire career in academia. He makes $570,000 a year. He earned a bachelor of science in 1984 from the College of Arts and Technology at Cambridge, and then received a doctorate in 1987 from the London University Royal Postgraduate Medical School. In 1988-90, Philbert was awarded a postdoctoral fellowship in the Neurotoxicology Laboratories at Rutgers University. Philbert was a research assistant professor at Rutgers Neurotoxicology Laboratories until 1995, then became an assistant professor of toxicology at U-M's School of Public Health. He eventually was promoted to professor. In 2000 to 2003, he also served as associate chair for research and development in the department of environmental health sciences. In 2004, Philbert was appointed senior associate dean for research in the School of Public Health, a position he kept through 2010 when he was appointed dean. He was named provost in September 2017. While the allegations against Philbert were a surprise to many, they were a rerun to many, who said Philbert had been reported before. Now those people are watching to see whether this time is any different. 2/16/25, 11:07 knew of sexual misconduct claims against provost, sources say 3/7 lawsuit Shortly after Thomas Komorowski was laid off in December 2003 from his job as a research associate at U-M, he filed a wrongful termination lawsuit against the school. Komorowski was a researcher making just over $60,000 a year working in Philbert's lab. Philbert, at the time, was a noted professor in the School of Public Health, climbing the ladder of the academic ranks. In 2004, he became the senior associate dean for research for that school. In the suit, filed in Washtenaw County Circuit Court, Komorowski painted a picture of being let go because Philbert was having a physical relationship with a female researcher, who is unnamed in the suit. Komorowski said Philbert showed him a nude picture of her. He also said a doctoral assistant told him he once saw the woman \"grabbing Martin's rear end,\" and that later the same evening, she did the same to the doctoral assistant \"to make it look like it was no big thing.\" In his deposition, Komorowski said he was pushed out of his job because \"Philbert's favorite young female researcher\" wanted a position in Philbert's lab. Philbert, in a deposition, denied getting rid of Komorowski to save a spot for the female researcher. He said the grant Komorowski was being paid with ran out. However, Philbert did say the female researcher did touch his butt, but it was only a joking gesture. \"As recall, there were a group of us in the hallway adjacent to the lab,\" he said don't remember the substance of the conversation but that it was fairly jovial, at which point (the researcher) made a comment and to my recollection smacked me on the butt.\" The court dismissed some of Komorowski's claims, but settled the suit. Terms of the settlement were not available. Familiar story As he worked in the dean's office in charge of research at the school, Philbert was known for an outgoing personality. He also was kind, empathetic and caring, often spending lots of time listening and talking with those who worked around him, multiple people who knew him 2/16/25, 11:07 knew of sexual misconduct claims against provost, sources say 4/7 then told the Free Press. Philbert was also known to hug \u2014 men and women \u2014 a lot. Some saw him as narcissistic and manipulative. He also was known for \"overtures\" or making sexually charged comments that went over the line, those sources said. Many women just ignored them, let them slide because of their relationship with Philbert or felt if they reported, they would be retaliated against, those sources told the Free Press. However, in 2009, one women did report to her supervisor in the dean's office that Philbert had sexually harassed her. It's unclear what happened, if anything, to Philbert. The Free Press filed a Freedom of Information Act request for Philbert's personnel file. That request has not been filled by as of Tuesday. By 2010, Philbert was in line for another promotion, this time to dean of the School of Public Health. He was one of several internal candidates to apply. The search committee, however, only moved Philbert's candidacy on to the next step \u2014 approval from the provost, president and board. He was eventually named as the dean. That move prompted an anonymous email sent to the leader of the search committee and copied to the entire School of Public Health. \"Although you just 'announced' the last candidate for the Dean position, many at the University have been discussing this for weeks and it was no surprise to see that your dear friend Martin Philbert was put forward as the only internal candidate for the Dean position,\" said the email, sent in September 2010. \"Although you have a search 'committee' working with you, one has to wonder what you did to manipulate this process to leave out two outstanding viable internal candidates. Is this perhaps to ensure that Dr. Philbert has no real competition. ... \" The following Monday afternoon, Phil Hanlon, then U-M's provost, responded with an email to the entire school of public health, which the Free Press obtained. \"This kind of vicious, personalized and anonymous attack threatens the collegiality of the School and violates all standards of professional behavior,\" Hanlon wrote. He added he had received two similar emails over the course of the summer and had spoken to members of the search committee, who assured him the search was aboveboard. Hanlon said he and then- President Mary Sue Coleman, who was copied on Hanlon's email, supported the committee and its work. 2/16/25, 11:07 knew of sexual misconduct claims against provost, sources say 5/7 The Free Press was unable to obtain a copy of those earlier emails, but two sources who were aware of the contents said they contained warnings that Hanlon needed to look into Philbert's behavior. Multiple sources said Hanlon was also told in person by at least one person that there existed a previous complaint against Philbert. Hanlon is now president of Dartmouth College spokeswoman for the college declined to comment or make Hanlon available for an interview and referred a Free Press reporter to the media relations team at U-M. It is unknown whether Hanlon did any investigation or talked to Philbert about the issue. Philbert was dean at the School of Public Health until current President Mark Schlissel named him provost in September 2017. It's unknown whether Schlissel knew about any of the previous complaints. Campus climate On a cold recent Saturday while snowflakes fell, 10 days after Philbert's leave was announced, about 20 people gathered at the heart of campus to speak out against Philbert and U-M's handling of complaints against both students and employees. Emma Sandberg \u2014 a second-year student and founder of Roe v. Rape, a local organization to help sexual assault survivors get involved in activism \u2014 led the charge for the group. The protest was organized by Sandberg and her organization in collaboration with Take Back the Night Ann Arbor. \"We learned that not only does this administration neglect the issue, but those in power actually contribute to the issue. You have to ask, what damage was Martin Philbert able to do by overseeing the office handling sexual misconduct complaints?\" Sandberg said in her speech. \"Why was a person like Philbert promoted to such a powerful and important position as the provost?\" Sandberg called on the university to revise its current procedures to better protect and address the needs of survivors. \"We are here today because vulnerable members of this community are given an unfair choice \u2014 file a complaint and be subjected to further abuse and traumatization or stay silent,\" Sandberg said to the crowd. \"We are here today because the university administration 2/16/25, 11:07 knew of sexual misconduct claims against provost, sources say 6/7 has shown that they don't care that hundreds of students identify as survivors before ever coming on this campus and that thousands more identify as survivors before they graduate.\" Those at the protest echoed complaints similar to those of protesters at for several years \u2014 that the university doesn't do a good job handling complaints and doesn't protect sexual assault survivors. They also want to see change in a policy that requires some sort of cross-examination of those making allegations in sexual assault cases. That policy was put in place because of a court ruling in a lawsuit involving the university. The court mandated those hearings be held, although left open the method universities could use to run them. More: As Devos pushes for campus sexual assault hearings, both sides describe trauma More: Appeals court must allow cross-examination in sex assault cases \"It should not be necessary for survivors to go around explaining to administrators why we have the belief that no survivor should be cross-examined by their perpetrator,\" Sandberg said. \"Survivors on this campus are tired of speaking, but not being listened to.\" The group also outlined demands, including changes to procedure and implementation of sexual misconduct policy, as well as provisions for more funding and freedom for the Sexual Assault Prevention and Awareness Center (SAPAC). Until the demands are met, Sandberg called for a boycott against the university via social media, asking people not to donate to the university, buy branded apparel or buy sports tickets. \"If students are not happy with something, those are the voices that matter. The university is supposed to be here for the students,\" Sandberg said feel like a lot of the decisions that they've been making show that they don't always make choices in the best interests of students.\" Free Press reporter Meredith Spelbring contributed to this report. Contact David Jesse: 313-222-8815 or djesse@freepress.com. Follow him on Twitter: @reporterdavidj 2/16/25, 11:07 knew of sexual misconduct claims against provost, sources say 7/7", "8548_102.pdf": "removes top administrator from provost role after sexual assault allegations Published 9:06 a.m March 11, 2020 Updated 5:15 p.m March 11, 2020 The University of Michigan has removed Provost Martin Philbert, who was facing multiple sexual assault allegations, from his role as the university's highest-ranking academic administrator, the university announced Wednesday morning. Philbert also is a tenured professor and must go through a due process procedure President Mark Schlissel sent a letter to Philbert on Wednesday telling him of the move, according to the university. The move was made because Schlissel \"had lost confidence in his ability to serve as provost based on information that has come to light so far in an investigation regarding his behavior.\" Schlissel will recommend at the March 26 Board of Regents meeting that Susan Collins, former dean of the Gerald R. Ford School of Public Policy, serve as interim provost. The outside investigation is still ongoing. Once it is complete, a determination will be made regarding whether Philbert will be subject to proceedings to remove him from his faculty role. Meanwhile, Philbert will remain on paid administrative leave from his duties as a tenured faculty member. \u201cAs the investigation continues, we encourage anyone with information to come forward and we encourage anyone affected by this issue to use the confidential counseling resources we have set up,\u201d Schlissel said in a statement. Collins, the Edward M. Gramlich Collegiate Professor of Public Policy in the Ford School and a professor of economics in College of Literature, Science and the Arts at U-M, was appointed acting provost in late January. She served as Ford School dean from 2007-17. Before coming David Jesse Detroit Free Press 2/16/25, 11:07 removes top administrator Martin Philbert from provost role 1/3 to U-M, she was on the economics faculty at Georgetown and Harvard universities and a senior fellow at the Brookings Institution. Philbert had been placed on paid administrative in January. Dozens of people have now made sexual misconduct complaints against Philbert, some stretching back more than a decade, according to multiple sources with knowledge of the investigation. Not all of the allegations were unknown to the university. At least three times over the years, complaints about Philbert's behavior were made to administrators at the school, multiple sources said. One of those involved a lawsuit that was settled that contained allegations of Philbert and a researcher in his lab having a physical relationship. University spokesman Rick Fitzgerald said of the suit: \"Nowhere in the 41-page complaint did the plaintiff allege that there was any sexual relationship. Discovery in the case confirmed that the plaintiff was not claiming there was a sexual relationship and the settlement was not based on any evidence of such a relationship.\" The other two complaints revolved around what multiple sources called Philbert's verbal \"overtures\" to various people working with and for him during his time at the school. The other complaints were filed after Philbert was placed on administrative leave last month and involve various levels of sexual harassment, sources said. More conducted investigation of Martin Philbert in 2010 before promotion to dean More: High-ranking official has years of misconduct allegations \u2014 and school knew The sources spoke on the condition of anonymity because they were not authorized to speak about Philbert or the investigation. Philbert has been promoted multiple times at the university, including into his current position as the top academic officer at the Ann Arbor school. He is the highest-ranking administrator at to be accused of sexual misconduct. U-M, like other universities, is in the midst of ongoing controversy and debate over how it handles sexual misconduct allegations also is at the center of a landmark court ruling that changed the way allegations by students are handled across the Midwest. 2/16/25, 11:07 removes top administrator Martin Philbert from provost role 2/3 At the same time, an investigation into former football team doctor Robert Anderson continues. More than 100 people have called a special hotline set up for information about his sexual misconduct and nearly two dozen lawsuits have been filed against the university. Contact David Jesse: 313-222-8851 or djesse@freepress.com. Follow him on Twitter: @reporterdavidj 2/16/25, 11:07 removes top administrator Martin Philbert from provost role 3/3", "8548_103.pdf": "Ex official sexually harassed employees, had sex in offices, investigation shows Published 10:01 a.m July 31, 2020 Updated 6:59 p.m July 31, 2020 Martin Philbert, the second-highest administrator at the University of Michigan, had a lengthy history of sexually harassing female employees and had sexual relationships, including in university offices, while being promoted time and time again, an independent investigation has found. \"Over the course of his employment by the University \u2014 while he was an assistant professor, an associate dean, Dean of (School of Public Health), and Provost \u2014 Philbert sexually harassed multiple members of the University community, including both graduate students who worked in his research lab and University employees. Some allegations and other information about Philbert\u2019s conduct reached University officials; others never came to their attention,\" the report by the law firm WilmerHale said. It was released Friday morning. The report said Philbert refused to talk to investigators or provide any evidence. Multiple university administrators, including then-President Mary Sue Coleman and then-Provost Phillip Hanlon, were aware of complaints about Philbert as far back as the early 2000s, the report says. Current President Mark Schlissel, who appointed Philbert to his provost position in 2017, heard about a lawsuit against Philbert with allegations of misbehavior, but after review did not think it disqualified Philbert, the report says. It also says Schlissel did not know of multiple other complaints that had been filed in the years before Philbert's promotion. \"After Philbert\u2019s selection but before the beginning of his term, President Schlissel learned from a member of the Board of Regents that Philbert may have been involved in a lawsuit David Jesse Detroit Free Press 2/16/25, 11:07 Investigation: Ex provost Philbert sexually harassed employees 1/6 involving allegations of sexual misconduct. President Schlissel immediately requested more information from the University\u2019s Office of the Vice President and General Counsel,\" the report said. \"President Schlissel learned that the facts, which came in large part from sworn deposition testimony, did not show that Philbert and the female lab employee had an improper relationship. President Schlissel found no reason to reverse Philbert\u2019s appointment.\" The issues continued after Philbert was provost, the report said. \"He directed his behavior toward women who worked in both the Dean\u2019s Office and in the Provost\u2019s Office, including one woman he encouraged to move from the Dean\u2019s Office to the Provost\u2019s Office. Among other sexual comments, he told three different women that he wanted to see below their tan lines; told one woman that he was 'aching' for her, and that they could have 'beautiful coffee-colored babies' together, and told another woman that 'if wasn\u2019t married would really go after you.' Philbert was persistent at times, texting at least one woman frequently, inviting her to travel with him, and arriving at work early apparently because she did. \"Philbert also continued to engage in multiple sexual relationships with University employees. For nearly his entire tenure as Provost, he was in simultaneous sexual relationships with at least two University employees, sometimes more. He pressed some of these women to send him explicit photos, which he stored on his University-owned devices. And he engaged in sexual contact with them in University offices, including with one woman on a near-daily basis for a time. These relationships took a toll on the environment in the Provost\u2019s office and created uncomfortable dynamics among some staff.\" Philbert had been at since 1995 and was known as a talented, charming, empathetic researcher and administrator. He also was known for making inappropriate comments, said multiple sources who either work with him or used to work with him. He was fired from his position as provost in March. In June, he relinquished his faculty tenure rights and his last day at the university was June 30. He is the highest-ranking administrator at to be accused of sexual misconduct. U-M, like other campuses, is in the midst of ongoing controversy and debate over how it handles sexual misconduct allegations is also the center of a landmark court ruling that changed the way allegations by students are handled across the Midwest. More: High-ranking official has years of misconduct allegations \u2014 and school knew 2/16/25, 11:07 Investigation: Ex provost Philbert sexually harassed employees 2/6 More: Michigan Provost Martin Philbert placed on leave after sexual misconduct allegations Sarah Prescott, the attorney for several of Philbert's survivors, said the report shows the problems has advanced Philbert knowing of his chronic and disgraceful harassment,\" she told the Free Press. \"It has a gigantic credibility gap to answer for here when it comes to valuing women. All the talk in the world is just flat insulting until walks the walk.\" The university received the report at the same time it was released to the public. \"The university took quick action when it received allegations of sexual misconduct in January, relieving the provost of his duties and beginning an investigation within a matter of days,\" the university said in a statement. \"We have just begun to carefully review the full report and take all of its findings into account. Yet, it is clear in the executive summary that the WilmerHale report ... contains a shocking description of improper and unacceptable behavior by a university officer as well as failings by this institution. We will do everything in our power to prevent such misconduct from ever happening again at the University of Michigan.\" The Free Press reached out to people named in the report, but hadn't heard back from them. The Board of Regents, which commissioned the review, also issued a statement spokesman said board members were unavailable for interviews while they read the 94-page report. \"As a Board, we will carefully review the findings and recommendations presented by the independent investigators. We are committed to taking the specific actions necessary to address the past and move the university community toward a future that prevents situations like those described in this report.\" Reports to president After Philbert was named provost, three reports of his behavior were brought to the attention of either Schlissel or someone in his office, the report said female employee met with Liz Barry, the special counsel to the president, in the fall of 2017 to talk about a position the woman was considering in the provost\u2019s office. The employee expressed hesitation about working for Philbert and \u201cinsinuate[ing] something 2/16/25, 11:07 Investigation: Ex provost Philbert sexually harassed employees 3/6 around Me Too.\u201d \u201cBarry recalled that the employee referred to Philbert\u2019s 'issues with women' and stated that part of her job would be to 'coach' him on interactions with women. Barry understood the issue to be Philbert\u2019s management style, particularly because she did not associate the term 'coaching' with addressing sexual misconduct and more generally because of her colleague\u2019s apparent enthusiasm about working in the Provost\u2019s Office. Barry did not discuss what she had heard from the employee with anyone else in the President\u2019s Office,\u201d the report said. \"We do not find that Barry received a report of sexual misconduct or that there were any further steps that she should have reasonably have been expected to take.\" \u201cIn April 2019, Schlissel received the results of a survey through which University faculty submit anonymous feedback to high-level University leaders regarding their performance. President Schlissel\u2019s survey, which included 161 comments totaling 27 pages, included a comment stating, in part, 'Re: your administrative appointments: Martin Philbert was/is a notorious sexual predator, physically cornering and emotionally coercing his female graduate students in his toxicology lab.' President Schlissel did not recall having reviewed the comment, and there is no indication that he (or anyone else at the University) did,\u201d the report said. Then, on Jan. 16, 2020, \u201cSchlissel received an anonymous letter, in which the author stated am writing on behalf of a group of women who have recently connected ... to corroborate and share our stories of emotional and sexual abuse perpetrated on us within your University by your provost Martin Philbert over the past twenty years.' \u201d One day after the last report, Schlissel started the investigation and quickly placed Philbert on leave. Earlier reports Complaints about Philbert stretch back decades, as detailed in Friday's report: \"In 2003, a male employee in Philbert\u2019s lab alleged that Philbert was in a close personal relationship with a female lab employee. The University\u2019s initial investigation of the allegation was superficial \u2014 one meeting between an professor and Philbert \u2014 but the ensuing litigation examined the issue and did not bring to light any evidence of an improper relationship. We did not identify additional steps that the University should have taken to investigate the alleged relationship.\" 2/16/25, 11:07 Investigation: Ex provost Philbert sexually harassed employees 4/6 \"In 2005, a School of Public Health professor received two firsthand accounts of sexual misconduct by Philbert from a female graduate student and a female research assistant. Each woman separately reported to the professor that Philbert had kissed her without her consent; one of the women reported that he had propositioned her for sex. The professor reported the information to several University officials, including (Title investigative office) Director (Anthony) Walesby. Two other individuals made statements to Walesby suggesting there was an issue with Philbert\u2019s conduct toward women. The University decided not to investigate after the two women declined to speak with Walesby and declined to file reports. We conclude that the University should have taken further steps to investigate Philbert in 2005. \"In 2010, Philbert was a candidate for Dean of SPH. Both the Chair of the Search Committee, Paula Lantz, and then-Provost Hanlon learned of the 2005 allegations against Philbert. Lantz informed the Provost\u2019s Office of the information. Lantz also met with then Dean Kenneth) Warner, who she recalls saying that an investigation in 2005 had not substantiated the allegations against Philbert. Lantz wrote in a contemporaneous email that she did not want to inform the Committee about the 2005 allegations 'as a specific instance because the investigation revealed no wrongdoing.' Hanlon had more information about the 2005 allegations than Lantz. He met with Director Walesby and received an email summary Walesby prepared about the allegations staff member in the Provost\u2019s Office also gathered information about the students and witnesses involved in the 2005 allegations. Hanlon later informed University President Mary Sue Coleman about the allegations.\" \"In the fall of 2012, the research assistant who in 2005 had told an professor about Philbert\u2019s conduct re-enrolled as a graduate student. In the spring of 2013, she filed petitions requesting a tuition refund and transcript amendment when she withdrew from based on emotional distress she was experiencing related to Philbert\u2019s alleged sexual misconduct in 2005. Walesby alerted multiple University officials, including Provost Hanlon, Vice Provost (Martha) Pollack, and Vice Provost (Lori) Pierce. Walesby met with the former research assistant, but, as in 2005, she declined to provide additional information. The former research assistant\u2019s petitions were the third time in eight years that the 2005 allegations came to the attention of senior University administrators.\" 2/16/25, 11:07 Investigation: Ex provost Philbert sexually harassed employees 5/6 The backstory The ding of email boxes all across U-M's campus in the early afternoon of Jan. 22 brought with it a bombshell \u2014 the school's provost was on paid leave while an investigation was started into sexual misconduct allegations. Schlissel outlined what had happened and the process. \"With the endorsement and full support of the Board of Regents have placed Dr. Philbert on administrative leave, effective Jan. 21, 2020, pending the results of an investigation we began on Friday, Jan. 17,\" Schlissel wrote. \"We take allegations of sexual misconduct very seriously, and our policy is clear: Sexual misconduct will not be tolerated in the University of Michigan community.\" Philbert spent his entire career in academia. He made $570,000 a year. He earned a bachelor of science in 1984 from the College of Arts and Technology at Cambridge, and then received a doctorate in 1987 from the London University Royal Postgraduate Medical School. In 1988-90, Philbert was awarded a postdoctoral fellowship in the Neurotoxicology Laboratories at Rutgers University. Philbert was a research assistant professor at Rutgers Neurotoxicology Laboratories until 1995, then became an assistant professor of toxicology at U-M's School of Public Health. He eventually was promoted to professor. In 2000 to 2003, he also served as associate chair for research and development in the department of environmental health sciences. In 2004, Philbert was appointed senior associate dean for research in the School of Public Health, a position he kept through 2010 when he was appointed dean. He was named provost in September 2017. Contact David Jesse: 313-222-8851 or djesse@freepress.com. Follow him on Twitter: @reporterdavidj 2/16/25, 11:07 Investigation: Ex provost Philbert sexually harassed employees 6/6", "8548_104.pdf": "University of Michigan settles a lawsuit over protecting students from sexual abuse 24, 2022 \u00b7 12:39 By The Associated Press The University of Michigan has reached an agreement to settle a lawsuit brought by students who sought to force changes in how the school protects the campus from sexual misconduct. Paul Sancya The University of Michigan has reached an agreement to settle a lawsuit brought by students who sought to force changes in how the school protects the campus from sexual misconduct. As part of the deal, which was filed in federal court on Thursday, the Ann Arbor school will create and pay for a multidisciplinary standing committee designed to protect the university community from sexual abuse 24 Hour Program Stream On Air Now 2/16/25, 11:08 University of Michigan settles students' sexual-abuse lawsuit 1/14 The Coordinated Community Response Team will be comprised of about 30 members, including Title and campus sexual misconduct experts, community members and select members of the administration and faculty. \"But think most importantly, it has representation from students and survivors,\" said Nancy Cantalupo, an assistant professor of law at Wayne State University. \"They will all have a seat at the table alongside the other experts that are on the CCRT. \"And that will give them a direct line into the administration \u2014 and the upper levels of the administration \u2014 in terms of communicating their concerns and their needs,\" Cantalupo said in a videoconferencing call with reporters announcing the settlement. The school has been rocked by allegations that began to publicly surface in 2020 from hundreds of men who said they were sexually assaulted by the late Robert Anderson, a campus doctor who spent nearly 40 years at Michigan. He died in 2008. In January, the school announced a $490 million settlement with Anderson's accusers \u2014 a separate legal action from the class-action suit brought by Josephine Graham, a University of Michigan senior. Both agreements were reached under the supervision of a court-appointed mediator, the school said. In addition, Mark Schlissel was removed earlier this year as university president after emails detailing an alleged inappropriate sexual relationship between him and a subordinate were discovered. And the university paid $9.25 million to eight women who reported emotional or sexual abuse by Martin Philbert, who over 25 years rose from professor to provost, Michigan's senior academic official. He was removed in 2020. \"We know there is broken trust at this school,\" said Graham, whose suit, filed in 2021, did not seek monetary relief victims speaks out about the sex abuse case at the University of Michigan U. of Michigan reaches $490M settlement over sexual abuse by a former sports doctor 2/16/25, 11:08 University of Michigan settles students' sexual-abuse lawsuit 2/14 The core of the settlement, which still requires the approval of U.S. District Court Judge Victoria Roberts, is the creation of the CCRT, which plaintiffs' attorneys said are widely recognized by experts as an indispensable tool in the fight to prevent campus sexual violence. Michigan's full will meet at least three times a year to \"assess, plan, monitor and evaluate sexual misconduct prevention and response efforts,\" the university said in a statement. It will be co-chaired by an external adviser, a faculty member and the university's executive director of the Equity, Civil Rights and Title Office. The latter, Tamiko Strickman, who also serves as a special adviser to school President Mary Sue Coleman, said a review of existing Coordinated Community Response Teams elsewhere led her to one at the University of California, Berkeley, which she views as a model for University of Michigan. \"Many that we found which had CCRTs were smaller, and Berkeley was a very comparable, we thought, institution to look at,\" Strickman said. \"So, spent a lot of time learning about their CCRT.\" \"There are a lot of untapped areas that we can really capitalize upon with the CCRT,\" she said. Strickman said the team could \"take a deeper dive into\" academic research and \"use that information to strengthen resources across campus.\" For example, she said, the might examine studies on why under-represented people are less likely to report sexual misconduct and perhaps recommend to Michigan's administration that a therapist be embedded within residence halls. sexual abuse university of michigan University of Michigan fires its president after investigation into an alleged affair 2/16/25, 11:08 University of Michigan settles students' sexual-abuse lawsuit 3/14 News without the noise Our journalists summarize the biggest stories in the Up First newsletter so you can stay informed, not overwhelmed. See more subscription options By subscribing, you acknowledge and agree to NPR's Terms of Use and Privacy Policy may share your name and email address with your station. See Details. 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The report says this harassment continued for two decades, including his six years as dean \u2014 when he had sexual relationships with at least three school employees \u2014 and after he was appointed provost. Philbert joined the faculty in 1995. The report by the WilmerHale law firm also says its investigation found instances where the university could have taken more action to investigate Philbert, but it found no evidence that information about Philbert\u2019s alleged misconduct was learned by President Mark Schlissel in advance of Philbert\u2019s selection as provost in 2017. The 88-page report was released July 31 by WilmerHale, which the university\u2019s governing Board of Regents hired to conduct an independent investigation into the matter. It was released to the public at the same time it was shared with university officials. WilmerHale said the firm collected more than 6 million documents and reviewed relevant emails, handwritten notes, materials associated with the dean and provost search processes and other university records. The firm interviewed 128 individuals, some multiple times. Share on WilmerHale report statement Board of Regents statement Report sexual misconduct, discrimination and harassment at 2/16/25, 11:08 Report details decades of sexual misconduct by former provost Philbert | The University Record 1/5 Philbert, however, did not participate in WilmerHale\u2019s investigation. He declined to be interviewed and he declined the request to identify witnesses with relevant information or provide relevant evidence. The university says in an initial statement that, as they begin to review the report leaders will do \u201ceverything in our power to prevent such misconduct from ever happening again at the University of Michigan.\u201d In a separate initial statement, the Board of Regents said it would \u201ccarefully review the findings and recommendations presented by the independent investigators. We are committed to taking the specific actions necessary to address the past and move the university community toward a future that avoids situations like those described in this report.\u201d Additionally, the board said, \u201cWe appreciate all who courageously shared their voices to aid in the investigation. We extend sympathy to those affected and continue to feel outrage about what we are learning about breaches of trust.\u201d The report from the experienced team of independent WilmerHale investigators detailed repeated acts of sexual misconduct by Philbert over two decades and cited times when the university failed to take action that may have stopped further misconduct. Among other findings highlighted in the executive summary of the report are: Philbert\u2019s sexual harassment started while he was an assistant professor and continued through his time as provost, a span of two decades. While dean of SPH, Philbert was in sexual relationships with at least three staff members of SPH, including having sexual relations in university offices and sharing explicit photos that Philbert stored on his university-owned devices. For nearly his entire tenure as provost, Philbert was in simultaneous sexual relationships with at least two employees. He engaged in sexual contact with them in university offices, including with one woman on a near-daily basis for a time officials were alerted to his behavior early in his career, but official investigations by the Office for Institutional Equity were not launched. At no point during the provost search process did the search committee as a whole, or Schlissel individually, learn any information about Philbert\u2019s problematic conduct toward women. The president placed Philbert on administrative leave in January, four days after allegations of misconduct were shared with the president. Philbert has never returned to campus. He was removed as provost in March and relinquished his tenured faculty position at the end of June. The university statement, released July 31, said the WilmerHale report contains a \u201cshocking description of improper and unacceptable behavior by a university officer as well as failings by 2/16/25, 11:08 Report details decades of sexual misconduct by former provost Philbert | The University Record 2/5 this institution. \u201cWe will thoroughly review the recommendations made by the WilmerHale team. \u2026 Necessary changes to processes and procedures will be implemented promptly.\u201d The statement also acknowledges that many at have worked hard for decades to eliminate sexual misconduct, \u201cbut this report makes it clear that we have much more work to do. \u201cWe are committed at all levels of the university to do whatever is required to address these matters and to support those who bravely step forward to report misconduct and help us make our community safer for all on July 31, 2020 at 3:03 pm sure hope our department learns that their system is woefully a failure. They only even are willing to write down some cases on August 4, 2020 at 12:39 pm As a UMich alum, this is hugely disturbing to see. The clear lack of oversight and seemingly willful ignorance is not surprising, but is shocking. It is not enough to replace the Provost. President Schlissel and those cited in the report should resign, as they did not live up to his duty as a leader of this institution. It is not an excuse to say you did not see the comment about a \u201csexual predator\u201d \u2014 it is their responsibility to see these comments and respond accordingly on August 5, 2020 at 10:13 am Very important story that should lead your email. Not be buried, 3 scrolls down on August 5, 2020 at 10:28 am There is absolutely nothing surprising about this report with regard to the fact that these activities and behaviors occurred by a school official. Based on my experience at the University, it is not at all surprising that 2/16/25, 11:08 Report details decades of sexual misconduct by former provost Philbert | The University Record 3/5 From President Ono: Our advocacy, responsibility and commitment Two from CoE elected to National Academy of Engineering Board of Regents to meet Feb. 20 at University Hall What would an \u2018indirect cost\u2019 cap mean to the university? Latest salary study shows parity for men and women faculty such behaviors would be covered up or ignored. It is certainly happening and has happened previously with other staff members on August 5, 2020 at 3:18 pm Clearly, the system is broken. Not only here, at one of the most prestigious universities in world, but also in every other corner of the world. Traits that lead to sexual misconduct/assault doesn\u2019t just happen overnight. My thought provoking question is: when are we really going to focus on education? And don\u2019t mean academic performance and excellence refer to the formation of individuals with admirable values and character. As an alumni and current staff, I\u2019ve seen and experienced disappointing actions by both faculty and students. People like Philbert, David Daniels, and Stephen Shipps would do anything to come up on top. This is extremely shameful. Is this how we become leaders and the best don\u2019t think so want no part in prestigious academia for this reason. You\u2019ll think it is merit but when you uncover cases like this\u2026 you find coercion or nepotism found wonderful, noteworthy people here at the University of Michigan; both faculty and staff. However, there were those that really hurt me had a far better experience at the community college in Miami Dade, Florida. Sometimes really regret coming all the way here. Nonetheless have great expectation for this institution in the years to come. Let\u2019s not ignore this. Conduct psychological assessments. Don\u2019t let people like these be tenured. You\u2019ll be surprised. Go beyond the credentials and GoBlue on August 5, 2020 at 7:04 pm The report is sobering to be sure, especially in how this conduct continued for years, and how what believe to be well-intentioned people managed to overlook it time and again. The fear of the victims was well captured \u2014 the guy\u2019s total lack of compassion and compulsion is truly pathological. However, the report has limits in that much is not discussed: the excessive institutional deference towards a successful full professor (a lecturer would have been fired on the spot), the incredible power a faculty member can have over graduate students in \u201chis\u201d lab, where financial support is tied to the individual advisor came out of the English Department and while there were problems there as well, students could at least drop their adviser and finish their dissertation with a different person and not have their careers destroyed. Finally, it is clear that there was a strong institutional interest in seeing Philbert be successful at the highest level, which blinded people to what must have been pretty apparent very troubling account. \uf360 2/16/25, 11:08 Report details decades of sexual misconduct by former provost Philbert | The University Record 4/5 launches awards recognizing research safety excellence Institute for the Humanities program supports exiled scholars Study: Rising pollen levels pose deadly risk for older adults Expanded parental leave policy covers more new parents \uf360 2/16/25, 11:08 Report details decades of sexual misconduct by former provost Philbert | The University Record 5/5", "8548_106.pdf": "Search committee member did not reveal past harassment claims against provost, report finds Published 11:09 a.m July 31, 2020 Updated 10:45 a.m Aug. 3, 2020 Correction: This story was updated to say that Dr. Lori Pierce is vice provost for academic and faculty affairs at the University of Michigan member of the search committee assembled to find the University of Michigan's next provost in 2017 knew about sexual harassment allegations against Martin Philbert but did not notify other members or the school's president before Philbert was selected, according to an investigative report released Friday. The report, issued by the university-hired WilmerHale law firm, alleges a lengthy and pervasive history of sexual harassment and misconduct by Philbert before and during his time as UM's second-highest official, which ended in January when he was put on leave and subsequently removed from his administrative post. More: Report says should create consensual relationship policy, require employee training Among its findings: Philbert sexually harassed staff and graduate students, made sexual comments that included references to \"chocolate syrup sex\" and engaged in sexual relationships with several women on staff. According to the report, Dr. Lori Pierce, vice provost for academic and faculty affairs and a member of the search committee that vetted Philbert and other candidates, knew allegations of sexual harassment had been lodged against him in 2005, though an official investigation was never launched. Kim Kozlowski The Detroit News 2/16/25, 11:08 Ex provost harassed women, had sex with employees, probe finds 1/6 Pierce also knew had allowed a student who accused Philbert of harassing her to withdraw and receive a tuition refund after she re-enrolled in the School of Public Health in 2013, the report states. But Pierce, who did not respond to email and phone messages seeking comment Friday, never mentioned the incidents to the other 10 members of the search committee or President Mark Schlissel, who was chairing the panel. Schlissel ultimately recommended Philbert to the Board of Regents for the provost job. \"Pierce 'did not think about it,' in part because, to her recollection, there had been no evidence to support the allegations,\" according to the 94-page report. The report's account of Pierce's inaction is among numerous findings that document UM's failure to prevent or stop Philbert's misconduct during his 25-year tenure as a professor and administrator. \"We did not find evidence that university personnel intentionally hid allegations about Philbert\u2019s misconduct,\" the report says. \"Rather, the heart of our findings is that the university should have done more to investigate an early, credible allegation that Philbert had engaged in sexual misconduct in 2005.\" According to the report, Philbert engaged in a wide range of sexual misconduct at the university that included sexual harassment for at least 15 years. Philbert talked about wanting to see below women's tan lines, insisted on hugs from some women, and engaged in sexual relationships with several women on staff, sometimes at the same time and in campus offices, the report says. \"Much of Philbert\u2019s conduct, as well as his many sexual relationships, never came to the attention of university officials,\" according to the report. But several university officials were aware of some of Philbert's alleged behavior, including, including former President Mary Sue Coleman, during his rise to prominence, the report states. \"We found that the university received information about Philbert\u2019s conduct at various times over the course of more than 15 years, including during key periods when he was under consideration and later selected for senior positions within the university,\" the report says. 2/16/25, 11:08 Ex provost harassed women, had sex with employees, probe finds 2/6 Attempts to reach Coleman and other current and former officials named in the report were unsuccessful. Philbert also could not be reached by phone or email Friday. The report says UM's failure to pursue the 2005 allegations was especially critical: \"Had (the Office of Institutional Equity) conducted a meaningful investigation at that time, it may have identified at least some additional evidence, as we did in our investigation. That evidence in turn could have informed the consideration he received for leadership positions.\" According to the report, a graduate student and a research assistant who worked in Philbert's lab told a public health professor that year that Philbert had kissed their necks. \"The research assistant said that Philbert had propositioned her for sex, asked her to marry him, to run away together, and to 'have caramel colored babies' with him, and that he had talked to her about 'chocolate syrup sex,'\" the report said. The professor alerted many officials, including Anthony Walesby, director of the Office of Institutional Equity, which was responsible for investigating sexual harassment complaints against faculty, the law firm found. Walesby tried to speak with the women but both declined out of fear of retaliation. An Office for Institutional Equity investigation was not opened. Ken Warner, then the dean of the School of Public Health, \"assumed the conduct had happened as alleged \u2014 later 'read (Philbert) the riot act' and counseled him,\" the report says. The report includes a review of millions of documents, Philbert's university phone and more than 100 interviews. Philbert did not participate. The report also includes recommendations for to prevent failures in identifying and investigating employee sexual misconduct. It comes as the university has coped recently with other allegations of sexual misconduct among high-profile faculty members, including the firing of music Professor David Daniels, a renowned opera singer is also dealing with litigation resulting from hundreds of allegations of sexual abuse by former students and athletes against longtime sports doctor Robert Anderson, who worked at from the 1960s until 2003. WilmerHale is also conducting that investigation spokesman Rick Fitzgerald said in a statement Friday that the university is just beginning to review the report's findings on Philbert. 2/16/25, 11:08 Ex provost harassed women, had sex with employees, probe finds 3/6 \"Yet, it is clear in the executive summary that the WilmerHale report \u2014 released publicly today at the same time it was shared with university officials \u2014 contains a shocking description of improper and unacceptable behavior by a university officer as well as failings by this institution,\" Fitzgerald said. \"We will do everything in our power to prevent such misconduct from ever happening again at the University of Michigan.\" Schlissel removed Philbert from his administrative post in March, and Philbert retired from the university as of June 30, relinquishing his tenure. He was paid $570,340 annually. Philbert's sexual misconduct began early in his career at while he was a toxicology professor in the School of Public Health, and continued throughout his years as dean of the School of Public Health and provost, the report said. \"For nearly his entire tenure as provost, (Philbert) was in simultaneous sexual relationships with at least two university employees, sometimes more,\" the report says. \"He pressed some of these women to send him explicit photos, which he stored on his university-owned devices. And he engaged in sexual contact with them in university offices, including with one woman on a near-daily basis for a time. These relationships took a toll on the environment in the provost\u2019s office and created uncomfortable dynamics among some staff.\" Philbert joined in 1995 as an assistant professor of toxicology in the School of Public Health. In 2004, he became a full professor and the associate dean for research in the School of Public Health. By 2010, he had become the school's dean. Philbert also was the subject of a sexual misconduct complaint in a 2004 lawsuit filed by Tom Komorowski, then an employee in Philbert\u2019s lab. Komorowski alleged an inappropriate relationship between Philbert and a female researcher who also worked in the lab as one of many reasons he was laid off. Schlissel learned about the lawsuit after Philbert became provost in 2017, according to the report. Schlissel reviewed the facts from sworn testimony, which the report said did not show improper relationships, and the president \"found no reason to reverse Philbert\u2019s appointment.\" The 2005 allegations emerged five years later when Philbert was a finalist for dean of the School of Public Health. Former Provost Philip Hanlon \u2014 who was responsible for recommending a final candidate \u2014 and Paula Lantz, the chair of the Dean\u2019s Search Committee, learned of the 2/16/25, 11:08 Ex provost harassed women, had sex with employees, probe finds 4/6 allegations, the report states. Hanlon sought out more information, including a summary of the allegations by Walesby and a meeting with him. He let Coleman know about the allegations and did a reference check in the School of Public Health. But the report said Coleman did not remember the email from Hanlon regarding the 2005 allegations or being otherwise aware of any allegations regarding Philbert\u2019s conduct toward women. \"She acknowledged that she may not have weighed or viewed this information in 2010 in the same way that she would today,\" the report says. Hanlon also asked Pierce \u2014 who had been aware of the allegations in 2005 \u2014 to speak with women in the School of Public Health about Philbert, the report says. \"Pierce informed Hanlon that, apart from her conversation with the (School of Public Health) professor who had reported the allegations to in 2005, she learned nothing negative about Philbert.\" Philbert then became the next dean of the School of Public Health. During his tenure, he was in sexual relationships with at least three staff members and promoted a woman with whom he was in a relationship for a year and a half, according to the report. In 2013, the 2005 allegations against Philbert emerged again. The research assistant who had told the public health professor in 2005 that Philbert had propositioned her for sex re-enrolled. But she then sought to withdraw from her classes, get a tuition refund and have her withdrawal removed from her transcript because \"she had previously been subjected to sexual harassment by Philbert that was causing her to experience 'anxiety, fear, and panic attacks,'\" the report says granted her requests. Walesby met with the student but she declined to report Philbert, and Office for Institutional Equity did not investigate her allegations, according to the report. But Walesby did inform other officials, including Hanlon and incoming Provost Martha Pollack, of the student\u2019s tuition refund and transcript amendment petitions. \"He also informed Vice Provost Pierce \u2014 who had learned of the allegations in 2005, and who in 2010 had, at Hanlon\u2019s request, reached out to women in to learn more about 2/16/25, 11:08 Ex provost harassed women, had sex with employees, probe finds 5/6 Philbert\u2019s conduct,\" the report says. University officials received information about Philbert's behavior on at least three occasions while he was provost. In fall 2017, a School of Public Health employee expressed hesitation about accepting a job in the provost's office while meeting with Liz Barry, the special counsel to the president. The hesitation about working for Philbert was \u201cinsinuate(ing) something around Me Too,\u201d the report says. In April 2019, the results of a survey in which faculty submit anonymous feedback to high-level university leaders regarding their performance reached Schlissel. It included a comment stating, in part, \u201cRe: your administrative appointments: Martin Philbert was/is a notorious sexual predator, physically cornering and emotionally coercing his female graduate students in his toxicology lab.\u201d \"Schlissel did not recall having reviewed the comment, and there is no indication that he (or anyone else at the university) did,\" the report says. On Jan. 16, Schlissel received an anonymous letter am writing on behalf of a group of women who have recently connected ... to corroborate and share our stories of emotional and sexual abuse perpetrated on us within your university by your provost Martin Philbert over the past twenty years,\u201d the report quotes the letter as saying. The letter prompted Schlissel to put Philbert on administrative leave less than a week later and hire WilmerHale to investigate. Fitzgerald said many people have worked at for decades to eliminate sexual misconduct. \"But this report makes it clear that we have much more work to do,\" he said. kkozlowski@detroitnews.com 2/16/25, 11:08 Ex provost harassed women, had sex with employees, probe finds 6/6", "8548_107.pdf": "University of Michigan reaches $9 million settlement with 8 women who were sexually harassed by ex-provost Published 1:00 p.m Nov. 18, 2020 Updated 2:24 p.m Nov. 18, 2020 David Jesse Detroit Free Press \u2014 The University of Michigan has reached a $9.25 million settlement with eight women who were sexually harassed by Martin Philbert, the former provost and chief academic officer at the school, the school and the women's lawyers confirmed. The names of the eight women were not released. The settlement did not include Philbert himself. The women could still file a lawsuit against him. Philbert, the second-highest administrator at the University of Michigan, had a lengthy history of sexually harassing female employees and had sexual relationships, including in university offices \u2014 while being promoted time and time again, an independent investigation released this summer found. \"Over the course of his employment by the University \u2014 while he was an assistant professor, an associate dean, Dean of (School of Public Health), and Provost \u2014 Philbert sexually harassed multiple members of the university community, including both graduate students who worked in his research lab and university employees. Some allegations and other information about Philbert\u2019s conduct reached university officials; others never came to their attention,\" the report by the law firm WilmerHale said. Sarah Prescott, the women's attorney, said this was an important step for the university. \"Martin Philbert is a classic harasser \u2014 he was prolific and abusive, and he had the power and connections to protect himself for years. But this case think illustrates that there is no University of Michigan Add Topic 2/16/25, 11:08 reaches settlement with accusers of former provost Martin Philbert 1/3 one too high or too powerful to be held accountable,\" she said. \"[My clients] brought about policy changes they are proud of, and this settlement number speaks for itself.\" \"There is a path even after this agreement for pursuing Philbert individually \u2014 this deal does not release him, and that is very unique and will say admirable on the part of the University. It is paying for its part in this, and leaving him to shoulder what he did individually. Most employers don't do that.\" Philbert sexually harassed women during his entire career at the university, the WilmerHale report found. \"Among other sexual comments, he told three different women that he wanted to see below their tan lines; told one woman that he was 'aching' for her, and that they could have 'beautiful coffee-colored babies' together, and told another woman that 'if wasn\u2019t married would really go after you.' Philbert was persistent at times, texting at least one woman frequently, inviting her to travel with him, and arriving at work early apparently because she did.\" \"Philbert also continued to engage in multiple sexual relationships with university employees. For nearly his entire tenure as provost, he was in simultaneous sexual relationships with at least two university employees, sometimes more. He pressed some of these women to send him explicit photos, which he stored on his university-owned devices. And he engaged in sexual contact with them in university offices, including with one woman on a near-daily basis for a time. These relationships took a toll on the environment in the Provost\u2019s Office and created uncomfortable dynamics among some staff.\" LSU: University mishandled sexual misconduct complaints against students, including top athletes Trump: 19 women have accused Trump of sexual misconduct. Here's what their stories have in common. Philbert had been at since 1995 and was known as a talented, charming, empathetic researcher and administrator. He also was known for making inappropriate comments, said multiple sources who either work with him or used to work with him. He was fired from his position as provost in March. In June, he relinquished his faculty tenure rights and his last day at the university was June 30. 2/16/25, 11:08 reaches settlement with accusers of former provost Martin Philbert 2/3 He is the highest-ranking administrator at to be accused of sexual misconduct. U-M, like other higher education campuses, is in the midst of ongoing controversy and debate over how it handles sexual misconduct allegations is also the center of a landmark court ruling that changed the way allegations by students are handled across the Midwest. \u201cThe sexual misconduct of the former university provost that has been detailed in a report from the WilmerHale law firm is abhorrent and unacceptable spokesman Rick Fitzgerald said. \u201cThe University of Michigan failed on many levels, as this individual advanced through the administrative ranks. \u201cWe recognize how difficult it was for these eight women to come forward to share their experiences. We thank them for their courage and we apologize to each one of them and to all survivors.\u201d Follow David Jesse on Twitter: @reporterdavidj. 2/16/25, 11:08 reaches settlement with accusers of former provost Martin Philbert 3/3", "8548_108.pdf": "Report of Independent Investigation: Allegations of Sexual Misconduct by Martin A. Philbert July 31, 2020 Table of Contents Page i I. Executive Summary ...........................................................................................................1 II. Independent Investigation ...............................................................................................10 A. Engagement and Independence ..............................................................................10 B. Investigation Methodology ....................................................................................10 III. Facts ..................................................................................................................................16 A. 1995 to 2004: Professor in the School of Public Health .......................................16 B. 2004 to 2010: Senior Associate Dean in the School of Public Health..................19 C. 2010: Selection as Dean of the School of Public Health ......................................25 D. 2011 to 2017: Dean of the School of Public Health .............................................36 E. 2017: Selection as Provost and Executive Vice President for Academic Affairs .43 F. Sept. 2017 to Mar. 2020: Provost and Executive Vice President for Academic Affairs ....................................................................................................................47 IV. Analysis .............................................................................................................................56 A. Analysis: Philbert\u2019s Conduct .................................................................................56 B. Analysis: University\u2019s Knowledge and Response ..................................................58 C. Analysis: Summation .............................................................................................75 V. Recommendations ............................................................................................................77 A. Ensuring that Information Reaches and Appropriate University Officials ....77 B. Ensuring that Findings are Based on Full Investigations.......................................85 C. Ensuring that Hiring Decisions are Informed by Past Findings of Policy Violations ...............................................................................................................86 Appendix 1 \u2013 University Announcement ..................................................................................... i Appendix 2 \u2013 Witness Glossary .................................................................................................. iii 1 I. Executive Summary In 1995, Martin Philbert joined the University of Michigan School of Public Health (\u201cSPH\u201d) as an assistant professor of toxicology. For the next twenty-five years, he rose to positions of greater authority and influence. In 2004, he became a full professor and the Associate Dean for Research; in 2010, he was selected as Dean of SPH; and, in 2017, he became the University\u2019s Provost and Executive Vice President for Academic Affairs. The Provost occupies the University\u2019s second highest-ranking position and has primary responsibility for academic and budgetary affairs. Over the course of his employment by the University\u2014while he was an assistant professor, an associate dean, Dean of SPH, and Provost\u2014Philbert sexually harassed multiple members of the University community, including both graduate students who worked in his research lab and University employees. Some allegations and other information about Philbert\u2019s conduct reached University officials; others never came to their attention. In his early years at the University, including while he served as an associate dean, Philbert harassed women (including graduate students) who worked in his research lab in SPH. He made comments about women\u2019s bodies; redirected conversations with women to the topic of sex; and insisted on getting hugs. Before some women began working for Philbert, they were warned of his reputation for such conduct and not to be alone with him. In 2003, a male lab employee told University officials that Philbert was terminating him, rather than a female lab employee, because of Philbert\u2019s close personal relationship with that employee. The male lab employee also provided other information about Philbert\u2014specifically, that Philbert had shown up uninvited at the home of a graduate student, and that he had \u201cboundary issues senior faculty member questioned Philbert about the alleged relationship with the female lab employee. The faculty member did not find any indication that Philbert had an improper relationship with the female lab employee, and subsequent litigation brought by the male employee in 2004 did not uncover any such evidence. It does not appear that the University questioned Philbert about his conduct toward any other woman. The male employee\u2019s lawsuit ultimately settled. In 2005, after Philbert had become Associate Dean for Research at SPH, specific allegations arose that he had engaged in sexual harassment. Two women who worked in Philbert\u2019s lab\u2014a graduate student and a research assistant who had recently graduated from SPH\u2014told an professor that Philbert had kissed their necks. The graduate student called Philbert a \u201cbad man\u201d who did \u201cbad things.\u201d The research assistant said that Philbert had propositioned her for sex, asked her to marry him, to run away together, and to \u201chave caramel colored babies\u201d with him, and that he had talked to her about \u201cchocolate syrup sex.\u201d The professor alerted multiple University officials, including Dean Ken Warner; Vice Provost for Academic and Faculty Affairs Lori Pierce; and Anthony Walesby, Director of the Office of Institutional Equity (\u201cOIE\u201d), which was responsible for investigating sexual harassment complaints against faculty. Walesby made several attempts to speak with the women. Both women declined to speak with him or to report Philbert; they were concerned about retaliation. Walesby also spoke with another graduate student and a male professor, both of whom suggested that Philbert had a bad reputation with women. The graduate student also told Walesby that she had heard of 2 Philbert propositioning another student for sex. In light of the unwillingness of the two women to speak with Walesby did not open an investigation. Warner, the Dean\u2014who assumed the conduct had happened as alleged\u2014later \u201cread [Philbert] the riot act\u201d and counseled him. In October 2010, when Philbert was a finalist for Dean, both University Provost Philip Hanlon\u2014who had ultimate responsibility for recommending a final candidate for Dean\u2014 and Paula Lantz, the Chair of the Dean\u2019s Search Committee, learned of the 2005 allegations against Philbert. Lantz spoke with Dean Warner; she recalls him saying that the allegations had been investigated and that the \u201cinvestigation\u201d had not substantiated any wrongdoing. Lantz, not wanting to prejudice Philbert based on what she understood to be unsubstantiated allegations, did not raise the specific allegations with the full Committee. But the Committee had other concerning information about Philbert\u2019s conduct graduate student representative on the Committee stated that, in 2006 or 2007, Philbert had made a crude joke in class\u2014that women have high rates of urinary tract infections because \u201cthe playground and the trash heap are too close together.\u201d The Committee also noted, in a summary document it prepared regarding the candidates, that Philbert had made women uncomfortable through behavior that was perceived to be overly flirtatious and inappropriate. And the Committee had access to survey feedback on Philbert after he had participated in a campus visit; one response detailed Philbert\u2019s \u201cinappropriate comments and behaviors with respect to female students, staff, and faculty\u201d and the anonymous author\u2019s own experience being \u201csubject to [Philbert\u2019s] inappropriate and unwanted sexual comments and suggestions.\u201d Hanlon took steps to learn additional information about Philbert\u2019s conduct, including about the 2005 allegations. He received a summary prepared by Walesby detailing the allegations, and he later met with Walesby to discuss them. He alerted University President Mary Sue Coleman about the 2005 allegations and reached out to multiple faculty members to conduct reference checks on Philbert member of his staff collected enrollment and contact information for the students and witnesses involved in the 2005 allegations. He also asked Vice Provost Lori Pierce\u2014who had been aware of the allegations in 2005\u2014to speak with women in about Philbert. Pierce informed Hanlon that, apart from her conversation with the professor who had reported the allegations to in 2005, she learned nothing negative about Philbert few days later Hanlon recommended Philbert as the next Dean of SPH, effective January 1, 2011. Philbert served as Dean of for the next six and a half years. He was generally viewed as successful and was renewed for a second term in 2015 by then-Provost Martha Pollack. But he sexually harassed several women, this time with a focus on the Dean\u2019s office, including junior members of his staff. He continued making sexual comments around staff and insisting on hugs. And he went further with some women\u2014making targeted sexual comments and comments about their appearances. Philbert re-directed his attention away from some women to others on his own accord, or because the women took steps to evade him. For some, his advances led to relationships. While Dean, Philbert was in sexual relationships with at least three staff members at SPH. These relationships overlapped\u2014and included sexual relations in University offices and explicit photos that Philbert stored on his University-owned devices. One of the women was in a relationship 3 with Philbert for roughly a year and a half. In the course of the relationship, she received a promotion. When the relationship had ended, she felt that Philbert made her work environment more difficult. In 2013, the allegations from 2005 surfaced for a third time. In the fall of 2012, while Philbert was serving as Dean, the research assistant who in 2005 told the professor that Philbert had kissed her neck and propositioned her for sex reenrolled as a student at SPH. Afraid that she would run into Philbert, she decided by the spring of 2013 to withdraw from her classes. She submitted petitions for a tuition refund and removal of the \u201cwithdrawal\u201d notation from her transcript, explaining that she had previously been subjected to sexual harassment by Philbert that was causing her to experience \u201canxiety, fear, and panic attacks.\u201d The University ultimately granted her petitions Director Walesby met with the student while she was preparing her petitions. As in 2005, the student declined to provide additional details or report Philbert, and, as in 2005 did not investigate her allegations. But Walesby did inform other University officials, including Provost Hanlon and incoming Provost Pollack, of the student\u2019s tuition refund and transcript amendment petitions. He also informed Vice Provost Pierce\u2014who had learned of the allegations in 2005, and who in 2010 had, at Hanlon\u2019s request, reached out to women in to learn more about Philbert\u2019s conduct. Four years later, in 2017, Pierce, along with ten other individuals from across the University, was a member of the Provost Search Committee, chaired by current University President Mark Schlissel. The Committee was tasked with selecting a slate of finalists from which President Schlissel could recommend the University\u2019s next Provost. Philbert was the favorite among the internal candidates\u2014described by some on the Committee as the \u201cchoice of the deans.\u201d At no point during the Provost search process did the Committee as a whole, or President Schlissel individually, learn any information about Philbert\u2019s problematic conduct toward women. Pierce, in 2005, had learned of the allegations against Philbert when she met with the professor to whom the allegations were raised and directed her to report the information to OIE; she called women in about Philbert\u2019s conduct when the allegations resurfaced during the 2010 Dean\u2019s search; and she received information that the allegations were at issue in a student\u2019s petition for a tuition reimbursement in 2013. Pierce did not raise the allegations with the Committee or with President Schlissel.1 The Committee did not seek information about past allegations and Pierce \u201cdid not think about it,\u201d in part because, to her recollection, there had been no evidence to support the allegations. President Schlissel ultimately recommended Philbert to the Board of Regents. On June 15, 2017, the Board of Regents approved, and Philbert was named the University\u2019s next Provost, effective September 1, 2017. After Philbert\u2019s selection but before the beginning of his term, President Schlissel learned from a member of the Board of Regents that Philbert may have been involved in a lawsuit involving allegations of sexual misconduct. President Schlissel immediately requested more information from the University\u2019s Office of the Vice President and General Counsel (\u201cOGC\u201d). 1 We received a second-hand report that another member of the Committee had heard \u201crumors\u201d about Philbert\u2019s conduct. We were unable to identify that person or the content of the \u201crumors.\u201d 4 gathered information about the case\u2014that is, the 2004 employment litigation described above. President Schlissel learned that the facts, which came in large part from sworn deposition testimony, did not show that Philbert and the female lab employee had an improper relationship. President Schlissel found no reason to reverse Philbert\u2019s appointment. Philbert\u2019s misconduct continued as Provost. He directed his behavior toward women who worked in both the Dean\u2019s Office and in the Provost\u2019s Office, including one woman he encouraged to move from the Dean\u2019s Office to the Provost\u2019s Office. Among other sexual comments, he told three different women that he wanted to see below their tan lines; told one woman that he was \u201caching\u201d for her, and that they could have \u201cbeautiful coffee-colored babies\u201d together; and told another woman that \u201cif wasn\u2019t married would really go after you.\u201d Philbert was persistent at times, texting at least one woman frequently, inviting her to travel with him, and arriving at work early apparently because she did. Philbert also continued to engage in multiple sexual relationships with University employees. For nearly his entire tenure as Provost, he was in simultaneous sexual relationships with at least two University employees, sometimes more. He pressed some of these women to send him explicit photos, which he stored on his University-owned devices. And he engaged in sexual contact with them in University offices, including with one woman on a near-daily basis for a time. These relationships took a toll on the environment in the Provost\u2019s office and created uncomfortable dynamics among some staff. While Philbert was Provost, the President\u2019s Office received information about his conduct on three occasions. First, in the fall of 2017, shortly after Philbert became Provost, an employee met with Liz Barry, the Special Counsel to the President, to discuss a position that she was considering in the Provost\u2019s Office. The employee recalled expressing some hesitation about working for Philbert and \u201cinsinuate[ing] something around Me Too.\u201d Barry recalled that the employee referred to Philbert\u2019s \u201cissues with women\u201d and stated that part of her job would be to \u201ccoach\u201d him on interactions with women. Barry understood the issue to be Philbert\u2019s management style, particularly because she did not associate the term \u201ccoaching\u201d with addressing sexual misconduct and more generally because of her colleague\u2019s apparent enthusiasm about working in the Provost\u2019s Office. Barry did not discuss what she had heard from the employee with anyone else in the President\u2019s Office. Second, in April 2019, President Schlissel received the results of a survey through which University faculty submit anonymous feedback to high-level University leaders regarding their performance. President Schlissel\u2019s survey, which included 161 comments totaling 27 pages, included a comment stating, in part, \u201cRe: your administrative appointments: Martin Philbert was/is a notorious sexual predator, physically cornering and emotionally coercing his female graduate students in his toxicology lab.\u201d President Schlissel did not recall having reviewed the comment, and there is no indication that he (or anyone else at the University) did. Third, on January 16, 2020, President Schlissel received an anonymous letter, in which the author stated am writing on behalf of a group of women who have recently connected . . . to corroborate and share our stories of emotional and sexual abuse perpetrated on us within your University by your provost Martin Philbert over the past twenty years.\u201d On January 16 and 17, 5 several women came forward to University officials to detail their allegations of sexual harassment against Philbert. * * * On January 18, 2020, the University retained WilmerHale to conduct an independent investigation into these allegations. Philbert was directed not to report to work and was placed on administrative leave without pay on January 21, 2020, pending the results of our investigation. Our investigation presented two questions: (1) whether Philbert engaged in conduct that violated University policies in effect at the time of such conduct; and (2) what information of Philbert\u2019s conduct was known to the University during his tenure and whether the University took or failed to take action in response to that information. Over the past six months, we have conducted an exhaustive investigation of Philbert\u2019s conduct, what information about his conduct reached the University, and what actions the University took in response to that information. In total, we collected over 6 million documents and reviewed relevant emails, handwritten notes, materials associated with the Dean and Provost search processes, and other University records. We also reviewed the contents of Philbert\u2019s University-owned devices, which contained thousands of text messages and hundreds of thousands of photos. And we interviewed 128 individuals, some multiple times. Philbert did not participate in our investigation; he declined to be interviewed, and he declined our request to identify witnesses with relevant information or provide relevant evidence. Throughout our investigation, the University placed no restrictions on our fact-gathering, our analysis, or our independence. We had sole discretion to employ investigative resources, techniques, and processes appropriate to complete the investigation and this Report. The facts, findings, and recommendations set out in this Report are our own and are based on our evaluation of the evidence we have collected and reviewed. Philbert\u2019s Conduct As to the first question, we found significant evidence that Philbert engaged in conduct that violated the University\u2019s Sexual Harassment policy, Standard Practice Guide (\u201cSPG\u201d) 201.89-0, which prohibits sexual harassment by employees, as well as other University policies. The University\u2019s Response As to the second question, we identified numerous times when University personnel received information about Philbert\u2019s sexually harassing conduct. We analyze each of them in order: 2003. In 2003, a male employee in Philbert\u2019s lab alleged that Philbert was in a close personal relationship with a female lab employee. The University\u2019s initial investigation of the allegation was superficial\u2014one meeting between an professor and Philbert\u2014but the ensuing litigation examined the issue and did not bring to light any evidence of an improper relationship. We did not identify additional steps that the University should have taken to investigate the alleged relationship. The same male lab employee also provided limited information about Philbert giving potentially unwanted attention to a graduate student working in 6 his lab; we do not believe that information triggered an obligation for the University to investigate further. 2005. In 2005, an professor received two first-hand accounts of sexual misconduct by Philbert from a female graduate student and a female research assistant. Each woman separately reported to the professor that Philbert had kissed her without her consent; one of the women reported that he had propositioned her for sex. The professor reported the information to several University officials, including Director Walesby. Two other individuals made statements to Walesby suggesting there was an issue with Philbert\u2019s conduct toward women. The University decided not to investigate after the two women declined to speak with Walesby and declined to file reports. We conclude that the University should have taken further steps to investigate Philbert in 2005. The women were entitled to decline to participate in an investigation, but the University was still obligated to take all reasonable steps to investigate sexual harassment reports in order to provide a nondiscriminatory environment had reasonable avenues of investigation available; for example, it could have attempted to interview other employees and students in Philbert\u2019s lab. There is no way to know what information such interviews would have yielded. But OIE\u2019s decision not to conduct an investigation meant that the University was not in a position to obtain potentially relevant information about Philbert\u2019s interactions with female students and staff. 2010. In 2010 Philbert was a candidate for Dean of SPH. Both the Chair of the Search Committee, Paula Lantz, and then-Provost Hanlon learned of the 2005 allegations against Philbert. Lantz informed the Provost\u2019s office of the information. Lantz also met with then Dean Warner, who she recalls saying that an investigation in 2005 had not substantiated the allegations against Philbert. Lantz wrote in a contemporaneous email that she did not want to inform the Committee about the 2005 allegations \u201cas a specific instance because the investigation revealed no wrongdoing.\u201d Hanlon had more information about the 2005 allegations than Lantz. He met with Director Walesby and received an email summary Walesby prepared about the allegations staff member in the Provost\u2019s office also gathered information about the students and witnesses involved in the 2005 allegations. Hanlon later informed University President Mary Sue Coleman about the allegations. Lantz, members of the Search Committee, and Hanlon also had other information regarding Philbert\u2019s conduct toward women, including access to a confidential survey in which one anonymous participant stated was subject to inappropriate and unwanted sexual comments and suggestions.\u201d Based on the above, we reach the following conclusions: Committee Chair. Given the information before her and the Committee, and that she had conveyed the information about the 2005 allegations to the Provost\u2019s office, we believe Lantz exercised reasonable judgment in choosing not to raise those specific allegations with the full Committee. We do, however, believe that Lantz (or anyone else on the Committee) should have 7 forwarded the confidential survey results\u2014specifically, the comment regarding Philbert\u2019s \u201cinappropriate and unwanted sexual comments and suggestions\u201d\u2014to OIE. Provost Hanlon. In addition to the 2005 allegations, Hanlon received the Committee\u2019s confidential summary about Philbert\u2019s conduct, and he had access to the anonymous survey comment about Philbert\u2019s \u201cunwanted sexual comments and suggestions.\u201d Hanlon did not dismiss the information he received about Philbert\u2019s alleged misconduct. He took multiple steps to learn more, including meeting with Walesby about the 2005 allegations. He also made reference calls to faculty and asked about Philbert\u2019s conduct, and asked Vice Provost Pierce to speak with women in about Philbert. These steps suggest that he may have had lingering concerns about Philbert\u2019s conduct toward women. But, to the extent Hanlon believed that a closer look at allegations against Philbert was warranted\u2014particularly in order for him to reach a judgment as to whether Philbert was fit to serve as Dean of SPH\u2014he should have turned to trained investigators in to pursue that inquiry. President Coleman. Coleman does not recall the email from Hanlon about the 2005 allegations or being otherwise aware of any allegations regarding Philbert\u2019s conduct toward women. She acknowledged that she may not have weighed or viewed this information in 2010 in the same way that she would today. We believe that Coleman should have asked questions to understand fully the allegations about Philbert\u2019s conduct. Absent a complete record of her conversations with Hanlon or others, we are unable to reach conclusions about whether she did so. 2013. In the fall of 2012, the research assistant who in 2005 had told an professor about Philbert\u2019s conduct reenrolled as a graduate student. In the spring of 2013, she filed petitions requesting a tuition refund and transcript amendment when she withdrew from based on emotional distress she was experiencing related to Philbert\u2019s alleged sexual misconduct in 2005. Walesby alerted multiple University officials, including Provost Hanlon, Vice Provost Pollack, and Vice Provost Pierce. Walesby met with the former research assistant, but, as in 2005, she declined to provide additional information. The former research assistant\u2019s petitions were the third time in eight years that the 2005 allegations came to the attention of senior University administrators. Since the former research assistant provided no new information and the senior administrators who were briefed on the petition believed, albeit mistakenly, that her allegations had been fully investigated by in 2005, it is understandable that none of them thought to ask to investigate the allegations in 2013. 2017. In 2017, President Schlissel recommended and the Board of Regents approved Philbert as University Provost. President Schlissel. We found no evidence that information about Philbert\u2019s alleged misconduct reached President Schlissel in advance of Philbert\u2019s selection. During the summer of 2017\u2014after Philbert had been selected as Provost but before he had taken office \u2014President Schlissel learned of the 2004 employment lawsuit. With the assistance of OGC, President Schlissel gathered information about the lawsuit and found no reason to reverse Philbert\u2019s 8 appointment. We did not identify any further steps that should have been taken in response to the information President Schlissel learned. Provost\u2019s Committee. We similarly found no evidence that information about Philbert\u2019s alleged misconduct reached the Provost\u2019s Committee during its deliberations. Vice Provost Pierce was a member of the Provost\u2019s Search Committee. She told us that she did not recall being asked, as a member of the Committee, whether she was aware of any allegations of misconduct against Philbert, and she simply \u201cdid not think about it.\u201d She also explained that, to her recollection, there had been no evidence to support the allegations. We recognize that, as a general matter, prior unsubstantiated allegations of misconduct should not be considered in the University\u2019s selection processes. However, in light of the nature of the allegations against Philbert (e.g., unwanted kissing and a proposition for sex), we believe that had Pierce recalled those allegations, it would have been appropriate for her to raise them with the Committee or with President Schlissel for their consideration. Other Information Received by the President\u2019s Office The President\u2019s Office received two additional pieces of information regarding Philbert\u2019s conduct. Information Received by Liz Barry. In the fall of 2017, a employee met with Liz Barry, the Special Counsel to President Schlissel, to discuss a potential job with Philbert. We do not find that Barry received a report of sexual misconduct, or that there were any further steps that she should reasonably have been expected to take. President Schlissel\u2019s 2019 Survey. One comment on the survey received by President Schlissel included allegations that Philbert was a \u201csexual predator.\u201d President Schlissel does not recall reading the comment, and there is no evidence that he did. President Schlissel acknowledged that had he reviewed the comment, he would have routed it to OIE. We believe that would have been the correct course of action. * * * The Report concludes with recommendations for actions to ensure the University has access to reliable information regarding sexual misconduct and other inappropriate behavior, and that such information is systematically considered when important decisions are made. Our recommendations fall into three categories: First, much of Philbert\u2019s conduct, as well as his many sexual relationships, never came to the attention of University officials. We thus make recommendations that are intended to ensure that the University receives the information it needs to identify and respond to sexual misconduct and other prohibited behavior. Specifically, we recommend that: \uf0b7 The University establish a standalone policy regarding consensual relationships between employees that requires notice and recusal and/or mitigation of possible conflicts of interest; 9 \uf0b7 The University ensure that students and employees are aware of the avenues for reporting sexual misconduct; \uf0b7 The University enhance the visibility and training of University personnel who are required to report information about sexual harassment that is reported to them or that otherwise comes to their attention; \uf0b7 The University provide alternative oversight of sexual misconduct allegations involving members of the Provost\u2019s office, which is ordinarily responsible for overseeing OIE; and \uf0b7 The University conduct a climate survey regarding sexual misconduct for faculty and staff. Second, a central issue in our investigation was the University\u2019s decision in 2005 not to investigate two women\u2019s allegations of misconduct after the women declined to file complaints or provide information to about their allegations. We believe additional investigative avenues were available to and should have been pursued. We thus recommend that: \uf0b7 The University evaluate investigative practices to ensure that is identifying and, as appropriate, pursuing additional investigative avenues when complainants decline to participate in an investigation; and \uf0b7 The University establish a process for formally reviewing investigative files to provide quality assurance and confidence in investigation procedures and outcomes. Third, our investigation revealed opportunities to improve the University\u2019s vetting procedures in significant hiring decisions\u2014specifically with respect to decisionmakers\u2019 consideration of substantiated findings of sexual misconduct. We recommend that: \uf0b7 The University ensure that findings of policy violations and other misconduct by internal candidates are collected and accessible, and establish a formal written process for obtaining and considering such findings in promotion, tenure, appointment, reappointment, and other hiring decisions involving internal candidates; and \uf0b7 The University review its procedures for vetting external candidates for faculty and staff positions, and consider implementing a pilot program that enhances its ability to identify findings by previous employers of sexual or other misconduct. 10 II. Independent Investigation A. Engagement and Independence On January 18, 2020, the University retained WilmerHale to conduct an independent investigation into allegations of sexual misconduct by Martin A. Philbert, its Provost and Executive Vice President for Academic Affairs. We were also asked to identify areas for modification or enhancement of University policies, procedures, and practices, particularly with respect to whether any gaps in those policies, procedures, and practices could have prevented or detected Philbert\u2019s alleged misconduct. As set forth in our engagement letter, our investigation was independent from the University. The University did not conduct, direct, or otherwise manage or influence our investigation in any manner. The University did not impose any limits on our access to information, nor did it require or prohibit any specific investigative steps. We had sole discretion to employ investigative resources, techniques, and processes appropriate to complete the investigation and this Report. The University did not impose a deadline for the completion of the investigation or the issuance of this Report. On the contrary, the University encouraged us to take the time we needed to conduct a comprehensive and thorough investigation and prepare this Report.2 The facts, findings, and recommendations set out in this Report are our own and are based on our evaluation of the evidence we have collected and reviewed. No changes or edits were made to this Report by anyone outside of the WilmerHale investigative team at any time, and no draft or advance copy of the Report was shown to or reviewed by anyone at the University, including any member of the Board of Regents (\u201cthe Board\u201d). We received full cooperation from the Board and from the Office of the President, the Office of the Vice President and General Counsel (\u201cOGC\u201d), and the Office of Institutional Equity (\u201cOIE\u201d). The University provided us with full and timely access to all available relevant documents and witnesses within its control. The engagement did not involve any undertaking to represent the University or its interests in any other matter. WilmerHale did not (and will not) represent the Board, the University, or any University employees in any matters involving the defense of any potential claims that are related to the allegations about Philbert. B. Investigation Methodology We conducted extensive document and data review, and a significant number of witness interviews. Each informed the other\u2014that is, we used our document review to identify witnesses 2 The University Board of Regents was our principal point of contact. Over the course of our investigation, we updated the Board twice a month on process issues, including the number of interviews we had completed and the number of documents we had collected and reviewed. 11 and inform our interviews, and we learned of additional documents to collect and review based on the interviews we conducted. 1. Interviews We interviewed 128 people\u2014some multiple times\u2014including current and former employees, former students, and current and former senior University officials. No current or former senior University official declined to be interviewed. The University announced our investigation on January 22, 2020, along with several avenues for submitting information to our team.3 If we received information that an individual may have been subjected to or aware of misconduct by Philbert, we contacted that person. Further, to identify other individuals who may have experienced or had knowledge of potential misconduct by Philbert, we contacted broad categories of individuals with whom Philbert is likely to have interacted during his employment by the University. As part of this outreach, we attempted to contact every person who worked in Philbert\u2019s lab in the University\u2019s School of Public Health (\u201cSPH\u201d); every student for whom Philbert served as an assigned mentor on a training grant; every employee in the Dean\u2019s office during the period in which Philbert was Associate Dean of Research and then Dean; and every employee in the Office of the Provost during Philbert\u2019s time as Provost.4 In total we contacted several hundred current and former University students, administrators, faculty, and staff.5 And, as further described below, some individuals we contacted did not respond to our outreach or declined to be interviewed. The witnesses we interviewed fell into the following categories:6 \uf0b7 Witnesses with information about Philbert\u2019s conduct. These witnesses included individuals who had direct experience with Philbert\u2019s conduct or had knowledge of his conduct.7 \uf0b7 Witnesses who held positions of authority over Philbert. These witnesses included, among others, a former University President; the University\u2019s current President; three 3 The University\u2019s announcement appears at Appendix 1. 4 We obtained contact information for current and former University employees and students from the University\u2019s Human Resources Records and Information Services. 5 We were unable to find current contact information for some former University employees or students. 6 Among these 128 witnesses, some witnesses also provided information about relevant University policies, procedures, and practices. We also spoke to additional University personnel (beyond the 128 witnesses) about relevant policies, procedures, and practices. 7 We discovered that several witnesses had discussed with each other their experiences with and impressions of Philbert. We considered the potential for those discussions to have affected certain witness accounts and, as set forth further below, we evaluated those statements against contemporaneous written accounts and other information about Philbert. 12 former University Provosts; a former Dean and two former Chairs of the Environmental Health Sciences Department; and current and former staff members in the Office of the President, Office of the Provost, and Dean\u2019s office. \uf0b7 Witnesses involved in the University\u2019s reviews or inquiries regarding allegations of Philbert\u2019s misconduct, and witnesses who are or were in a position to have received allegations of misconduct. These witnesses included, among others, senior personnel in OIE, OGC, Academic Human Resources (\u201cAcademic HR\u201d), and SPH. \uf0b7 Witnesses involved in the University\u2019s selection of Philbert to serve as Dean of and as Provost. We interviewed 12 of the 14 members of the Dean\u2019s Search Advisory Committee and then-Provost Philip Hanlon; we also interviewed personnel who managed the selection process. We interviewed 10 of the 11 members of the Provost\u2019s Search Committee; we also interviewed personnel who managed the selection process.8 2. Document and Data Review We collected over six million documents from the University and from witnesses, including both electronic and hard copy records. These documents included all available emails of current and former senior University administrators who held positions of supervisory authority over Philbert.9 We used a variety of means to identify and review any and all relevant documents. We ran broad search terms across all collected emails. We also reviewed all of the email correspondence between certain University officials during key timeframes. We also used predictive coding\u2014a tool that searches for additional documents connected to documents already determined to be relevant, but that do not contain any search terms. We validated the thoroughness of our searches by randomly sampling collected documents, as well as by conducting manual queries and reviews. Our document and data review fell into the following categories: \uf0b7 Philbert\u2019s records. Immediately after Philbert was placed on leave in January 2020, the University took possession of his University-owned devices, including two Apple desktop computers, two Apple laptops, an iPad, and four external storage drives. We retained a forensics expert to image those devices. Our review of these devices included photographs, videos, and text messages (including iMessages and WhatsApp messages). 8 The two Dean\u2019s Search Advisory Committee members and one Provost\u2019s Search Committee member who we did not interview did not respond to our outreach. 9 The University\u2019s information technology team provided invaluable support in this effort. It responded to our collection requests with speed and thoroughness. 13 We also collected and reviewed Philbert\u2019s University email and multiple personnel files.10 In addition, we reviewed relevant calendar, parking, and building entry records. \uf0b7 Witnesses\u2019 records. We reviewed numerous records provided to us by individuals who alleged that Philbert subjected them to sexual harassment, sexual misconduct, or otherwise inappropriate behavior, or who otherwise had knowledge of such conduct. These records included text messages (including iMessages and WhatsApp messages), Facebook messages, LinkedIn messages, photographs, voicemails, and emails. We also collected and reviewed available emails from these individuals\u2019 University email accounts. These records included the individuals\u2019 communications with Philbert, as well as contemporaneous communications with others regarding Philbert\u2019s conduct toward them. \uf0b7 Records related to Philbert\u2019s selection as Dean of and as Provost. We reviewed all available University records related to the search process for and selection of Philbert as Dean of in 2010. We also reviewed emails of individuals involved in the Dean search and selection process, including then-President Mary Sue Coleman, then-Provost Philip Hanlon, multiple staff in the Provost\u2019s office, and 11 of the 14 members of the Dean\u2019s Search Advisory Committee.11 We reviewed all available feedback provided to then-Provost Martha Pollack in connection with Philbert\u2019s renewal as Dean in 2015. We reviewed all available records related to the search process for and selection of Philbert as Provost in 2017. We also reviewed emails of individuals involved in the Provost search and selection process, including President Schlissel and 10 of the 11 members of the Provost\u2019s Search Committee.12 \uf0b7 Records from key University officials, including records related to University reviews or investigations. We reviewed the emails of individuals who held positions of authority over Philbert throughout his employment by the University\u2014including multiple Presidents and officials within the President\u2019s office, multiple Provosts and officials within the Provost\u2019s office, and multiple Deans and senior officials in SPH\u2014to determine whether any of those individuals had received allegations regarding Philbert\u2019s conduct. We also reviewed emails and records from officials in University offices in which allegations of Philbert\u2019s conduct may have been raised, including OIE, Academic HR, and OGC. 10 Philbert had personnel files at several University offices: Central Human Resources, Academic Human Resources Dean\u2019s office human resources, and Department of Environmental Health Sciences. 11 Emails were no longer available for three members of the Dean\u2019s Search Advisory Committee. 12 We were unable to secure consent to collect emails from one member of the Provost\u2019s Search Committee. 14 As described in this Report, certain University officials became aware of allegations regarding Philbert\u2019s conduct toward employees and students at different points in his employment. We reviewed all available records related to any review or investigation of such allegations, including the emails of the individuals involved, handwritten notes, and any other available files. We also reviewed the litigation file from a lab employee\u2019s 2004 wrongful termination lawsuit against Philbert and the University. 3. Investigative Gaps Our Report describes actions and events that we found to be supported by the evidence collected in our investigation. In some instances, the Report points to the absence of evidence or conflicts in the evidence about a particular fact or event. Our Report does not detail every piece of information that we collected in our investigation; rather, it contains the information we determined necessary to explain the events at issue, our findings, and our recommendations.13 Our investigation did not always yield a complete record of events. Some individuals did not respond to our inquiries, and some individuals no longer affiliated with the University would not speak with us. For example, one former student who, based on the evidence we reviewed, likely had a relationship with Philbert, declined an interview. Others\u2014including several former students who we believe experienced or had knowledge of potential misconduct by Philbert\u2014did not respond to our outreach efforts. We learned that at least one of those students chose not to respond to us because she feared retaliation by Philbert or others. Philbert himself also declined to be interviewed.14 Many of the events under investigation happened some time ago\u2014one key sequence of events, for example, occurred in 2005. Various witnesses provided incomplete information about such events because they could not recall them clearly or fully. Some of the events fell outside the University\u2019s records retention period, and thus emails may not have been retained.15 We also found that several individuals, Philbert among them, communicated with non-University applications that feature encryption or that do not provide for long-term data retention. In such cases, we were not always able to corroborate witness statements through comparison to contemporaneous communications or to fully question witnesses about past statements. 13 For example, our report does not detail information about allegations from 2008, and 2009. We received information about conduct in those years, but it was not necessary to explain our findings and recommendations. We also did not include facts that may reveal the identifies of women who experienced misconduct by Philbert. 14 Before Philbert submitted his letter of resignation, we met by video conference with him and his attorney to inform them of the status of our investigation, to provide an overview of the allegations and evidence, and to ask him to participate in an interview. We also provided Philbert and his counsel with written information regarding our process and the nature of the allegations we were investigating. 15 The University also changed email platforms in 2012. Under certain circumstances, that meant email sent or received before 2012 was no longer available. 15 Finally, as of mid-March 2020, the COVID-19 pandemic prevented us from gaining access to University offices and facilities. Although we had already collected records from numerous University sources by that time, it is possible that additional hard copy records exist that we did not collect. Accordingly, while our Report embodies factual findings we believe, with a high level of confidence, to be accurate and complete, we cannot rule out that information that was unavailable to us would shed additional light on some of the events we describe in this Report. 4. Names and Appellations We name in this Report those witnesses and individuals who served in University leadership positions and played a material role in the events described. We refer more generically to other University personnel and witnesses. We anonymize all individuals who were allegedly subjected to sexual misconduct by Philbert to preserve their privacy. We do not describe or name the specific positions held by these individuals to avoid revealing their identities. 5. Investigation Team Our investigative team was headed by WilmerHale partner Danielle Conley, co-chair of the firm\u2019s Anti-Discrimination Practice and a former Associate Deputy Attorney General at the U.S. Department of Justice, and WilmerHale partner Aaron Zebley, a former federal prosecutor who served as the Deputy Special Counsel for the investigation of Russian interference in the 2016 election. They were assisted by several other WilmerHale lawyers, including Tania Faransso, a counsel in WilmerHale\u2019s higher education practice, as well as outside computer forensics experts retained by WilmerHale. The team has significant prior experience investigating sensitive matters, including, in particular, sexual misconduct. 16 III. Facts A. 1995 to 2004: Professor in the School of Public Health In 1995, Philbert joined the Environmental Health Sciences Department (\u201cEHS\u201d) as an Assistant Professor of Toxicology. He became an Associate Professor in 2000 and full Professor in 2004. From 2000 to 2003, Philbert served as the Associate Chair for Research and Development in EHS. 1. Philbert\u2019s Conduct Toward Women in His Lab Philbert ran a lab on the sixth floor of the Thomas Francis Jr. Building, known as SPH-2. He directed the lab\u2019s work and was the principal investigator on multiple projects funded by its research grants. Philbert\u2019s lab included as many as sixteen undergraduate lab assistants, graduate students, postdoctoral fellows, and professional research technicians. In 2003-2004, approximately ten people worked in Philbert\u2019s lab. Philbert also taught classes during this time. We interviewed more than a dozen individuals\u2014including faculty and former students\u2014 who worked with or around Philbert during this time. Many of these individuals told us that Philbert had a reputation for making comments about women\u2019s bodies or about sex and, as a result, women felt uncomfortable in his presence. Some female graduate students were warned not to be alone with Philbert when they began working in his lab. Three women described first- hand experiences with Philbert: \uf0b7 In the late 1990s, Philbert was introduced to a new student employee in his lab. He commented that she had \u201cthe face of an angel,\u201d but that he would \u201chave to see about the rest.\u201d The student remembered Philbert looking her \u201cup and down\u201d throughout her year and a half working in his lab. \uf0b7 During the same period, Philbert frequently visited a suite of offices used by several female research scientists. Philbert made sexual propositions to the women or engaged in conversations about sex, their bodies, or their clothing. On one occasion, Philbert suggested having a threesome with one of the women and her partner. The woman never reported Philbert\u2019s comments, which continued throughout her time at SPH, in part out of fear that doing so would jeopardize her career research assistant (hereinafter \u201cE-1\u201d) began working in Philbert\u2019s lab in 2003, shortly after graduating from a master\u2019s program. Philbert often hugged her, and, when she sought him out to ask a work question, he sometimes closed his office door and changed the topic to sex. E-1 wrote emails at the time to lab colleagues describing some of Philbert\u2019s conduct. In a December 2003 email she wrote, \u201c[Philbert] was giving me a hug and then leaned toward me like he was going to kiss me on my lips and then kissed me on both cheeks. Then he said, why don\u2019t marry him and take him away from this place and have carmel [sic] colored babies with him.\u201d Philbert\u2019s conduct towards E-1 continued after he became Associate Dean. 17 Another female student working in another faculty member\u2019s lab around the same time never heard Philbert make sexual comments about her; but a male fellow student told her that Philbert had asked him sexually explicit questions about her.16 On several nights while she was working late, Philbert looked through the windows of her lab, apparently to see if she was there, prompting her to ask a male classmate to stay with her when she worked late. We heard second-hand accounts of other students\u2019 experiences in Philbert\u2019s lab as well.17 Four separate witnesses described hearing from or about a student who worked in Philbert\u2019s lab beginning in the late 1990s (hereinafter \u201cJane Doe\u201d).18 According to these accounts, Philbert paid disproportionate attention to Jane Doe. One witness heard directly from Jane Doe that Philbert cornered her while she was working alone in the lab late one night and that Jane Doe grabbed a broom and waved it at Philbert. On another night, according to another witness, Philbert turned up at Jane Doe\u2019s home uninvited. Jane Doe ultimately described having \u201cissues\u201d with Philbert\u2019s conduct to an faculty member, who encouraged her to speak to the Office of Student Affairs. The faculty member could not recall what Jane Doe had told him or whether she had provided details about her concerns. We found no record that Jane Doe did so. The faculty member who referred Jane Doe to the Office of Student Affairs told us he never witnessed Philbert engage in misconduct but that he heard a number of students complain about Philbert\u2014he said it was a common sentiment that students did not feel comfortable around Philbert. The faculty member said it was not in his nature to press for details, and he did not know whether the discomfort involved misconduct. Another faculty member recounted private conversations with Philbert from around this time in which Philbert referred to a group of female Epidemiology students as the \u201cepid-honeys,\u201d and another instance when Philbert commented on the breasts of a group of female students, but noted that Philbert was \u201call business\u201d during his classroom interactions with students. The faculty member thought the comments were odd, but he did not consider reporting Philbert, in part, because he was a new faculty member at the time and believed his career advancement depended on the support of his fellow faculty. Other faculty members at the time told us they noticed Philbert\u2019s \u201cflirtatious\u201d behavior but did not see it as problematic or did not feel comfortable getting involved. Other faculty members stated that Philbert was known for his informal tone but that they had never witnessed 16 The fellow student did not recall this conversation and stated that he was unaware of inappropriate conduct by Philbert. 17 We attempted to contact every student identified as having witnessed or been subjected to Philbert\u2019s sexual comments or conduct; some did not respond or declined our request to interview them. 18 In 2018, two years before our investigation, Jane Doe corresponded with a witness in our investigation. The correspondence does not describe Philbert\u2019s conduct toward Jane Doe, but when responding to the witness\u2019s statement that \u201che harassed me when worked there,\u201d Jane Doe stated was certainly not immune to those behaviors. That said, since still work within the [public health] world don\u2019t think would be interested in joining in any legal case as fear what that would do to my career.\u201d 18 behavior that they found concerning. Still others described Philbert as professional and were unaware of any troubling behavior. Not every student or staff member from Philbert\u2019s lab recalled him making comments about sex or behaving in a sexualized manner. Some students told us they appreciated Philbert\u2019s mentorship and had never seen him engage in misconduct. 2. The Provost\u2019s Office, the Dean\u2019s Office, and the Office of Academic Human Resources Receive Allegations of a Relationship Between Philbert and a Lab Employee In September 2003, Philbert notified a male lab employee, Tom Komorowski, that he would be laid off as part of a Reduction in Force (\u201cRIF\u201d) due to a loss of grant funding. Later that month, Komorowski met with Jeff Frumkin, Director of Academic HR, to complain that the violated University policy and that he had been discriminated against because of his age. Komorowski also said he believed Philbert was in a close personal relationship with a female employee in Philbert\u2019s lab, and that he was being laid off so that the female employee could retain her position. By early October 2003, the Provost\u2019s office had learned of the situation. On October 7, 2003, a staff member in the Provost\u2019s office emailed Frumkin updated [Provost] Paul [Courant] on the situation in SPH. He said to be sure to treat the senior faculty member very carefully. Please keep me posted on this one!\u201d Then Dean Noreen Clark also learned of the situation. On October 13, 2003, a senior faculty member interviewed Philbert about the alleged relationship. According to an email written by the senior faculty member immediately after his interview of Philbert, he \u201cdid not learn anything that would confirm the charges about a personal relationship with [the female lab employee].\u201d The senior faculty member did not recall investigating allegations about Philbert in 2003. We reviewed his notes from the time, including notes he made in preparation for his interview of Philbert. His notes and the notes of a colleague refer to certain other employees who worked in Philbert\u2019s lab at the time. The notes indicate that the information came from Komorowski. One set of notes reads, in part: \u201c[Jane Doe] worked in lab / [Male lab employee] \u2013 Martin showed up uninvited at home. / Martin is prone to \u2018boundary issues.\u2019\u201d The other set of notes reads, in part: \u201c[Male lab employee] (worked in the lab) knows [Jane Doe] where Martin dropped in at their home.\u201d We found no record of the University investigating this information. Neither the senior faculty member nor Frumkin recalled this information or taking any follow-up actions. In June 2004, Komorowski filed a lawsuit against Philbert and another official related to the RIF. The complaint contained no allegations about any personal relationship between Philbert and the female lab employee. Both Philbert and the female lab employee were 19 nevertheless deposed on the subject, and both testified under oath that there had been no romantic relationship.19 The lawsuit settled in November 2005. B. 2004 to 2010: Senior Associate Dean in the School of Public Health Philbert was promoted to full Professor in 2004. That same year Dean Noreen Clark selected him as Associate Dean of Research in SPH. Philbert continued in that role when Ken Warner became Dean in 2005. 1. Philbert Kisses E-1\u2019s Neck E-1, the research assistant who began working in Philbert\u2019s lab in 2003,20 told us that there was a \u201cgradual build up\u201d of Philbert\u2019s attention directed at her. She described him hugging her in his office on multiple occasions and, from time to time, moving toward her as though to kiss her on the lips, before diverting and kissing her on her cheeks. E-1 said that in one encounter Philbert said he wanted to have \u201chot sex on his desk\u201d with her. In October 2004, depositions were underway in Komorowski\u2019s lawsuit and Philbert was caucusing with counsel. E-1 wrote an email at the time: [Philbert] was running back and forth to his office to tell his lawers [sic] on the phone. He wanted me to come to his office for a \u2018hug\u2019 after he was off the phone, but didn\u2019t go and then he came back to me for the \u2018hug\u2019 and had to kind of walk him out into the hall to get him out of there and leave me alone. At another point in the email E-1 wrote, \u201cMartin is still being the perverted old man that he is. He got a little to [sic] close for comfort recently and since then have been avoiding him.\u201d In early 2005, a professor in learned about an incident between E-1 and Philbert. E- 1 told us about an incident in 2005 in which Philbert hugged her in his office and then leaned down and kissed her neck. As Philbert was kissing E-1, his phone rang. He let her out of his embrace, and E-1 fled his office. Later that day and again that evening, Philbert found E-1 and asked her if she was \u201cfreaked out.\u201d She told him that she was. After E-1 left Philbert\u2019s office that day, she saw two graduate students she knew who worked in a lab down the hall; she immediately told them what had happened. One of the graduate students (hereinafter \u201cGS-1\u201d) confirmed these events when we interviewed her (including that the other graduate student was present for E-1\u2019s report). The other graduate student did not respond to our request for an interview. Shortly after E-1 spoke to GS-1 and the other graduate student, one or both appear to have told an professor (hereinafter \u201cthe Professor\u201d) about E-1\u2019s experience. The 19 We reviewed the litigation record, including deposition transcripts. The testimony did not establish the existence of an inappropriate relationship between Philbert and the female lab employee. 20 See Supra Section III(A). 20 Professor periodically kept a journal about events at work; she made entries in the journal at the time of the events or within weeks thereafter. The journal contains entries about events in 2005 and 2010 (hereinafter \u201cthe Notes\u201d).21 Both graduate students\u2019 names appear in the Notes in passages describing Philbert\u2019s conduct. The Notes reflect that March 2005 was the first time the graduate students told the Professor about sexual advances by Philbert toward E-1. 2. The Professor Receives Information that Philbert Kissed Another Student\u2019s Neck, and about E-1\u2019s Encounter with Philbert In May 2005, the Professor spoke with another student (hereinafter \u201cMary Roe\u201d). As recorded in the Notes, and the Professor confirmed to us, Mary Roe cried when describing Philbert\u2019s conduct. Mary Roe told the Professor that Philbert was \u201c\u2018a bad man . . . all he wants to talk about is bad stuff.\u2019\u201d When the Professor asked her for details, Mary Roe said Philbert hugged her and kissed her neck. The Professor asked Mary Roe if she had told Philbert to stop, and she said, \u201c\u2018he knows hate it.\u2019\u201d Mary Roe insisted that the Professor not report the information.22 Mary Roe did not respond to our requests to interview her. In a meeting the next day, the Professor told Dean Ken Warner that she had received information that a male faculty member had made \u201cinappropriate sexual comments and advances to students and staff.\u201d She did not name Philbert in this conversation. She wrote in her Notes that Warner responded with words to the effect of \u201cthese things sometimes get blown out of proportion,\u201d but that he would address it if the Professor learned something \u201cmore specific and direct[].\u201d The following month, June 2005, E-1 asked to meet with the Professor. E-1 told the Professor that Philbert had been propositioning her. Specifically, E-1 said Philbert asked her to marry him, to run away together, and \u201c\u2018to have his caramel colored babies\u2019 . . . [and] [l]ast Friday he said \u2018something about chocolate syrup sex.\u2019\u201d E-1 asked the Professor to keep the information confidential and not to take any action. The Professor recorded all of the information in her Notes. 3. The Professor Conveys E-1\u2019s and Mary Roe\u2019s First-Hand Accounts of Philbert\u2019s Sexual Comments and Conduct to the Provost\u2019s Office, OIE, and the Dean On August 8, 2005, the Professor met with the Vice Provost for Academic and Faculty Affairs with responsibility for SPH, Lori Pierce.23 The Professor described to 21 The Professor told us she re-read the Notes in advance of our first interview to refresh her recollection. At our request, the Professor later gave us a copy of her journal. 22 According to the Notes, Mary Roe also told the Professor that E-1 has \u201clots of trouble with Martin,\u201d and that Jane Doe \u201chad similar trouble with Martin.\u201d According to the Professor, Mary Roe feared retaliation by Philbert. 23 The Professor could not meet with Pierce earlier for personal and professional reasons. 21 Pierce the allegations she had received about Philbert\u2019s conduct. At Pierce\u2019s insistence, the Professor identified Philbert during this meeting. Pierce told the Professor that she needed to tell Warner about Philbert\u2019s conduct and inform Warner that she intended to report it to OIE. Later that day, the Professor called Warner, and she met separately with Anthony Walesby, the Director of OIE, and Gloria Hage, a lawyer from OGC. According to the Professor\u2019s Notes, she told Warner that she had \u201cfirsthand accounts of inappropriate sexual behavior of a faculty member\u201d and planned to meet with OIE. The precise words that came next are not clear. The Professor\u2019s Notes record her understanding that Warner said that she should not have reported Philbert by name if the women were unwilling to do so themselves, and that doing so could result in some form of liability. Warner did not recall the conversation but told us he would never have suggested that the Professor not bring information forward to University officials\u2014on the contrary, he would have encouraged her to do so. He told us that he was concerned only about public accusations in the absence of evidence, and that it was plausible that he suggested that the Professor be careful if that were the situation. In any event, the Professor received explicit direction later that day from both Walesby and Hage that she was required to report the information, with Philbert\u2019s name, to OIE.24 The Professor thereupon reported to the information that she had received from GS-1, Mary Roe, E-1, and potentially information about Jane Doe. The next day, August 9, the Professor informed Warner in an email that she had met with to fulfill her reporting obligations and did not intend to pursue the matter further. 4. Walesby Attempts to Speak to E-1 and Mary Roe Walesby had no recollection of the specific steps he took to follow up on the allegations conveyed by the Professor. He recalled only that there had been no formal complaint and that the alleged victims did not come forward personally or cooperate in the inquiry. We recovered three emails written by Walesby describing the steps he took to follow up on the allegations. He wrote two emails in late August 2005, \u201cUpdate\u201d and \u201cUpdate II,\u201d to Warner, Pierce, Frumkin (Director of Academic HR), and Daniel Sharphorn (a lawyer from OGC). He wrote a third email in October 2010 to Pierce and others, purporting to summarize \u201cthe file from August 2005.\u201d25 We reviewed the files maintained by and were unable to find a formal case file, which is consistent with Walesby\u2019s memory that there were likely to be only informal notes in the absence of a formal complaint. 24 Neither Walesby nor Hage recalled the meeting with the Professor. 25 Walesby wrote this summary at the request of Pierce when the 2005 allegations about Philbert surfaced during the Dean\u2019s search. See infra Section III(C). 22 The paper record shows that Walesby contacted the three witnesses named by the Professor, and that only one of them provided any information to him graduate student26 told Walesby she had no first-hand experience of inappropriate conduct by Philbert. But she said that Philbert had a \u201cbad reputation\u201d among female students, and she identified another student who reported being hugged twice by Philbert and, possibly, that Philbert requested the other student to \u201csleep w/him if not married.\u201d She said she was otherwise not comfortable sharing second-hand information. \uf0b7 Mary Roe cried when Walesby spoke to her, and she refused to tell him anything. The Professor told us she recalled that Walesby told her about Mary Roe\u2019s reaction to his outreach and that he commented, \u201c\u2018that doesn\u2019t happen if everything is ok.\u2019\u201d The Professor told us that Mary Roe was furious with her for having reported the information to OIE. \uf0b7 Walesby made numerous attempts to talk to E-1 between August 23 and September 6, but, other than one brief exchange about having a later conversation, E-1 declined to talk with him. In Walesby\u2019s 2010 email, he said that he also spoke with another faculty member on September 6, 2005.27 That faculty member told him that he had heard rumors about Philbert\u2019s \u201cwomen\u2019s issues\u201d but did not know details. (The same faculty member had referred Jane Doe to the Office of Academic Affairs,28 and told us about a common sentiment that students did not feel comfortable around Philbert.) In addition, Walesby tried to locate a former graduate student who allegedly had information about Philbert. On October 4, 2005, Walesby met with Warner, Frumkin, and Sharphorn to summarize the work he had completed.29 Frumkin took handwritten notes.30 According to the Professor and her contemporaneous Notes, Walesby told her afterward that Warner was taking the matter seriously and wanted to do something about it. Walesby also asked the Professor for her assistance in getting E-1 to speak with him. E-1 told us she recalled a later meeting with Walesby and the Professor, but neither Walesby nor the Professor recalled such a meeting, and the Professor\u2019s Notes contain 26 No witnesses identified this person, but the content of her statement and the context suggests that she was likely GS-1, the graduate student discussed earlier who spoke to the Professor. 27 The Notes refer to this faculty member as having intervened between Philbert and Jane Doe. The Notes also state that Jane Doe had \u201ctrouble\u201d with Philbert that was similar to that reported by Mary Roe. 28 See Supra Section III(A). 29 No one at the meeting recalled the particulars of what was discussed. 30 Frumkin\u2019s notes describe the allegations in a manner that is consistent with Walesby\u2019s emails, which are summarized above. 23 no reference to it.31 According to E-1, Walesby asked her for specific dates and details about Philbert\u2019s conduct at the meeting, but she did not provide that information because it would have identified her and she feared retaliation by Philbert. 5. \u201cIt was determined that would not conduct an investigation\u201d Warner recalled meeting with Walesby and other University officials about the matter at some point after Walesby tried to interview the women who reported to the Professor. Warner told us that he learned from Walesby that the women who made the allegations did not wish to pursue their claims, and as a result could not conduct an investigation. He remembered Walesby being \u201cvery disappointed when the student wasn\u2019t willing to pursue this. He felt it was an important case that deserved to be pursued.\u201d He recalled Walesby saying, or perhaps expressing the feeling, that there was nothing more he could do and that he had no choice but to drop the matter. Walesby told us\u2014after reviewing the emails he wrote at the time\u2014that the University had only second-hand reports and, when the first-hand witnesses refused to talk to him, there was nothing on which to build an investigation. His 2010 email summary (which was written using the notes on the 2005 incidents) concludes, \u201cit was determined that would not conduct an investigation.\u201d Walesby told us that this was a \u201ccollective decision\u201d by him, Frumkin, and OGC. Warner told us that he did not participate in that decision but instead was informed about what he referred to as the \u201cUniversity decision.\u201d Walesby acknowledged in our interview that can interview other witnesses if the first-hand witnesses refuse to provide information. He said that step, however, would also have been a \u201ccollective decision\u201d by all of the officials involved and \u201crequired a level of seriousness\u201d to the allegation. He also said that in this case, he had contacted several people and it was not clear to him that there were more investigative steps to take. 6. Warner Meets with Philbert and \u201cReads Him the Riot Act\u201d Warner told us that Walesby found the allegations involving E-1 and Mary Roe credible and that, because two women were making similar allegations based on separate interactions with Philbert, Warner also believed that the allegations were \u201csufficiently credible\u201d and assumed the conduct happened. Warner recalled being \u201chorrified\u201d by Philbert\u2019s alleged behavior and feeling compelled to take steps to put him on the \u201ccorrect\u201d path. Therefore, Warner decided that he would speak to Philbert.32 31 The Notes describe the Professor talking with E-1 on November 30, 2005, and then meeting with Hage on December 8, 2005. According to the Notes, the Professor attended the meeting at E-1\u2019s request, but E-1 did not ultimately show up for the meeting. 32 Frumkin told us that the University was \u201chighly decentralized\u201d in 2005, and that deans were expected to handle issues in their schools. He had some memory of that being a consideration in how the University ultimately responded to the allegations against Philbert. 24 Warner told us that he \u201cread [Philbert] the riot act\u201d and explained to him that such behavior was completely inappropriate and that Philbert was jeopardizing his career. Philbert initially acted \u201cbewildered\u201d and said that he did not know what the Dean was talking about. Warner told him the allegations were deemed credible and had been raised \u201cat the University level.\u201d At some point in the conversation, Philbert stopped denying the allegations. While Philbert never admitted anything, Warner thought Philbert appeared to accept what he was saying, and Warner shifted into the mode of \u201ccounseling\u201d Philbert. Warner believed that Philbert listened and took the advice very seriously. He told us that he suspected the incidents had happened as alleged, but thought he heard [me] loud and clear put the fear of God in him.\u201d Thereafter, Warner neither witnessed nor heard about any similar conduct by Philbert. According to E-1, around 2006, Philbert asked her if she would sleep with him.33 She told him no. E-1 said Philbert continued to press the question, and she continued to decline. E-1 told us that, in January 2007, she quit her job after feeling that Philbert was retaliating against her. 7. Dean\u2019s Office Staff Receives Information about Sexual Comments by Philbert During Philbert\u2019s time as an Associate Dean, he was known throughout the Dean\u2019s office as a gregarious and affable presence. He greeted people in the hallway and was known for hugging employees. One staff member who had become friends with Philbert described one occasion when Philbert hugged her and commented that her breasts felt good against his chest. In another conversation with the same employee, Philbert insinuated that he hoped to have an orgasm. The employee told us Philbert made both comments in or around 2010 or 2011. The employee told us she thought Philbert\u2019s comments \u201ccrossed the line,\u201d and she informed her supervisor about them. But she asked the supervisor not to file an official report because she and Philbert were friends and because reporting would be \u201cway too risky\u201d for her career. The supervisor told us that the employee told her about the conduct and that she made a written record of the conversation, which she stored in the personnel files in her office (which we were unable to find in that office, or elsewhere). The supervisor\u2019s regular practice would have been to inform her own supervisor\u2014another Associate Dean\u2014but she could not recall specifically doing so. The Associate Dean had no memory of having been told about the incidents, and we were not able to locate any written report to her. In the fall of 2010, an employee in the Dean\u2019s office traveled with Philbert and others on University business. On the trip, Philbert said to her, \u201cYou have great lips would love to kiss you.\u201d She flatly said no. She did not recall any other incidents with Philbert.34 33 We do not know the exact timing of this comment vis-\u00e0-vis Warner\u2019s conversation with Philbert. 34 We also heard second-hand reports about two other women, one graduate student and one employee, experiencing similar conduct around this time. Neither woman responded to our request for an interview University contractor who worked with the Dean\u2019s office between 2005 and 2010 also described comments and conduct by Philbert that made her uncomfortable. 25 C. 2010: Selection as Dean of the School of Public Health For much of 2010, Philbert was a candidate to succeed Ken Warner as Dean of SPH. On November 29, 2010, the University announced Philbert\u2019s appointment, effective January 1, 2011. While Philbert was under consideration, University personnel received information about his conduct toward women. 1. Overview of Dean\u2019s Search Process In late January 2010, then-Provost Teresa Sullivan began soliciting input for individuals to serve on the Dean\u2019s Search Advisory Committee (\u201cSearch Committee\u201d). That same month Sullivan was selected as the next President of the University of Virginia, and the University of Michigan named Philip Hanlon, who had been the Vice Provost for Academic and Budgetary Affairs, as its next Provost. Hanlon assumed the office in late June 2010. The Search Committee had 14 members, including faculty, faculty from related schools (such as the Medical School), community stakeholders, and two students. An faculty member, Paula Lantz, chaired the Search Committee. Neither Sullivan nor Hanlon was a member of the Search Committee, and neither participated in Committee deliberations. Two staff members from the Office of the Provost\u2014one of whom was a search specialist\u2014helped manage the search process. The search specialist attended the Search Committee meetings but did not actively participate in them. In the first phase of the search process, which occurred in the spring of 2010, the Search Committee sought out candidates, reviewed applications, and selected individuals to participate in interviews. An outside search firm, Spencer Stuart, managed the recruitment, application, and screening processes, and provided the Search Committee with a list of 38 initial candidates. From those candidates, the Search Committee selected ten for interviews. In the second phase, in mid-July 2010, the Search Committee conducted interviews at the Detroit airport. Following those interviews, the Committee selected candidates to participate in on-campus visits. Four candidates, including Philbert, made visits, during which each made a presentation and met with faculty, students, and organizations. After the candidates\u2019 visits, members of the community were given the opportunity to offer feedback on the candidates, including via a confidential survey. In the third phase, in October 2010, the Search Committee considered the feedback from the campus visits and presented the Provost with a slate of three candidates. As was typical for search processes, the Committee did not make a recommendation from among the three candidates, but discussed the relative merits of each candidate during a meeting with Hanlon. After presenting the slate of candidates to the Provost, the Search Committee had no further official role. The finalists were narrowed to two candidates, including Philbert, and interviewed again. Hanlon, then-President Mary Sue Coleman, and other University leaders conducted the interviews. Hanlon ultimately recommended Philbert as the next Dean, and the Board of Regents approved the appointment. 26 2. Dean\u2019s Search Committee Receives Information Regarding Philbert\u2019s Classroom Conduct During one or more of the Search Committee meetings in the spring of 2010, a student representative on the Committee described Philbert\u2019s classroom conduct from several years earlier.35 The student representative was enrolled in an class with Philbert during the fall of 2006 or spring of 2007. She had heard rumors when she started the class that Philbert made women feel uncomfortable with inappropriate comments and jokes, and she described to the Search Committee her sense of Philbert from her classroom experience with him. She also told the Search Committee about a remark Philbert had made during a lecture\u2014that women have high rates of urinary tract infections because \u201cthe playground and the trash heap are too close together.\u201d Some Committee members recalled the student representative describing Philbert\u2019s comment in similar terms;36 it was clear to them that she had concerns about Philbert. The same Committee members recalled that the Committee generally did not consider Philbert\u2019s comment disqualifying or especially significant. The student representative was dismayed by the Committee\u2019s reaction and that it continued to view Philbert as a viable candidate, but she told us that she did not see value in pushing the matter further given the Committee\u2019s reaction. The search specialist from the Provost\u2019s office recalled the comment, and that it was reported to another member of the Provost\u2019s staff in the course of the Committee\u2019s work. She also remembered that staff member taking steps to follow up about the comment.37 3. Provost Hanlon Receives Information about Philbert\u2019s \u201cinappropriate joking comments to women\u201d The work of the Search Committee was an agenda item at a meeting between Hanlon and a member of his staff on June 30. The agenda showed that candidate interviews were scheduled for the following month. As to internal candidates, it stated: Martin Philbert \u2013 inappropriate joking comments to women. No more. Ask Phil about past investigation. Neither Hanlon nor the staff member recalled the meeting or could explain the references to Philbert on the agenda. 35 The student representative first met with Lantz to share her concerns. Lantz suggested that she share them with the full Committee, which she did. 36 Other Committee members did not recall the graduate student sharing the comments or raising concerns. 37 The other staff member had no memory of the comment or of making any inquiry about it. 27 4. The Search Committee Receives an Anonymous Report Alleging Misconduct by Philbert Philbert was interviewed by the Search Committee on July 17, 2010. The Search Committee later selected Philbert for an on-campus visit. Philbert was the only internal candidate to make it to this stage. His on-campus visit took place on October 7-8, 2010. Each candidate made a presentation and met with faculty, students, and organizations during the campus visit. The community was then invited to comment via a confidential survey, and a few individuals were invited to email their feedback to Lantz, the Search Committee Chair. The first several pages of the confidential survey compiled basic statistics from the scored feedback. Philbert\u2019s survey results were generally positive, with 65% of the survey participants rating him a highly desirable candidate; only eight percent said Philbert was not an acceptable candidate. Section 5 of the survey called for a narrative description of the \u201cmain perceived weaknesses of the candidate.\u201d Philbert elicited 59 separate comments covering four pages. The second page contained the following comment have had countless interactions with this candidate\u2014when he was a professor in class, in his role as associate dean, and as a colleague. My major concern is that in all of those roles have witnessed firsthand his inappropriate comments and behaviors with respect to female students, staff, and faculty. He made inappropriate comments and jokes about female genitalia in class witnessed his inappropriate sexual banter with colleagues. As a junior faculty member was subject to inappropriate and unwanted sexual comments and suggestions felt threatened\u2014not physically but in terms of my job security given his senior status and as my associate dean for academics and research would not be comfortable with this man as dean of our school. The Search Committee met on October 14 to discuss the online surveys and other issues, including, according to the written agenda, \u201c[c]andidates\u2019 strengths and weaknesses.\u201d Of all the members of the Search Committee we interviewed, only Lantz recalled the Committee reviewing the above comment. One of Lantz\u2019s contemporaneous emails, as detailed below, shows that she had read the written comment; she wrote of Philbert, \u201cBut think the general issue of gender and behavior, demeanor and baggage from prior interactions does need to be addressed; and it does come up in the feedback comments.\u201d38 At the end of the October 14 meeting, according to a contemporaneous email from Lantz, the Committee voted \u201cin regard to whether or not each candidate should be on the slate\u201d of finalists to present to Hanlon. Philbert received 12 yes votes and 0 no votes, \u201calthough it was clear [the graduate student representative] did not want to vote yes but did anyway.\u201d The other 38 During her interview, Lantz recalled the comment prompting one of the Committee\u2019s graduate student representatives to disclose Philbert\u2019s comment about women having high rates of urinary tract infections. But the graduate student representative\u2014and multiple other Committee members\u2014said that the graduate student had reported Philbert\u2019s comment to the Committee several months earlier. 28 two candidates received more no votes than yes votes. The next day Lantz spoke with Hanlon. Lantz wrote in an email to the Committee that Hanlon told her that he wanted the Committee to bring all three candidates forward and not to \u201cmake any recommendation that would further narrow the pool.\u201d 5. Search Committee Member, Search Committee Chair, and Provost Hanlon Receive Information about Allegations of Misconduct by Philbert in 2005 During the same week that the Search Committee met to discuss the feedback from candidates\u2019 campus visits and to vote on the slate of finalists, information about the 2005 allegations reached the Lantz and the Provost\u2019s office.39 In early October, a member of the Search Committee learned about the 2005 allegations involving Philbert.40 The Search Committee member conveyed the information to Lantz. Lantz told us she met in person with outgoing Dean Warner, who was not on the Search Committee, to discuss the information. According to Lantz, Warner told her that there had been an \u201cinvestigation\u201d in 2005 and that it had not substantiated any wrongdoing, that the details of the matter were not Lantz\u2019s business or the business of the Search Committee, and that Philbert had been counseled at the time. Warner told us he did not recall speaking with the Lantz at that time, nor did he recall anyone asking him about the 2005 allegations as part of the 2010 Dean\u2019s search process. He did, however, tell us that he was surprised when Philbert became Dean \u201cgiven the seriousness of the allegations.\u201d Contemporaneous emails show that Lantz also reported the information to the Provost\u2019s office on or before October 11.41 Pierce remembered Lantz raising an issue that prompted her to ask for more information. Emails from the time show that Pierce asked Walesby for a summary of the 2005 allegations; the emails stated that the summary was intended to help Pierce prepare for a meeting with Hanlon. Walesby sent the summary that follows on October 11: Okay found the file from August 2005 and have attached the emails have associated with this matter. Here\u2019s what happened: \uf0b7 August 8, 2005 met with [the Professor]. She said that in March 2005 a Graduate Student42 and staff member43 expressed concern to 39 See supra Section III(C)(5). 40 See supra Section III(C)(5). The information likely originated with the Professor, who passed it to another faculty member, who then provided it to a Committee member. But the Professor could not confirm any of those inferences. 41 Lantz had no memory of making that report when we interviewed her. 42 Based on the evidence in our investigation, this likely refers to Mary Roe. 43 Based on the evidence in our investigation, this likely refers to E-1. 29 her about Professor Martin Philbert. The Graduate Student alleged that Professor Philbert was a \u201cbad man\u201d who did \u201cbad stuff.\u201d In specific, the student told [the Professor] on May 23, 2005, that Professor Philbert would hug her and kiss her on the neck when they were alone. It was alleged that another female student had similar interactions with Professor Philbert and [a different faculty member] had to intervene to help in 2002 or 2003 staff member44 alleged to [the Professor] that on June 30, 2005, Professor Philbert asked her to marry him, mentioned something about \u201cchocolate syrup sex\u201d and hugged and kissed her as well. \uf0b7 [The Professor] reported that Professor Philbert \u201cleers\u201d at students in her lab. In response to the information, we reached out to several people who reportedly knew about this matter: \uf0b7 On August 23, 2005 sent an email to the Graduate Student45 identified by [the Professor]. She said that she did not have any inappropriate personal experiences with Professor Philbert. However, she said he does have a bad reputation among the female students. She stated that another student told her that Professor Philbert had hugged her twice. My notes also say \u201csleep w/him if not married,\u201d but don\u2019t recall if that is what the student alleged that Professor Philbert said to her or exactly what the context was. This student said she was not comfortable sharing \u201csecond hand\u201d information spoke to another Graduate Student46 on August 24th explained why was calling and the no-retaliation clause in University policy. The student refused to provide any information advised her to call me if she changed her mind never heard back from her. \uf0b7 On September 6th spoke to [the faculty member who allegedly intervened on behalf of Jane Doe]. He said he did not recall any specific discussion involving female students and Professor Philbert. He said he has heard rumors about Professor Philbert and \u201cwomen\u2019s issues,\u201d but he tries to avoid Professor Philbert\u2019s personal life. [The Professor] did not provide any further details also reached out to the female staff member47 identified by [the Professor]. It looks like tried to reach her several times and was able to speak to her briefly on August 26th, but never again. If my notes are correct, it appears this staff member was terminated from her position on 44 Based on the evidence in our investigation, this likely refers to E-1. 45 Based on the evidence in our investigation, this likely refers to GS-1, who spoke to E-1 after Philbert kissed E-1\u2019s neck. See supra Section III(B)(1). 46 Based on the evidence in our investigation, this likely refers to Mary Roe. 47 Based on the evidence in our investigation, this likely refers to E-1. 30 July 1, 2005 believe she is a Research Associate II. From my notes, it appears that tried to reach her on the following occasions: 1. August 23 : 2 times 2. August 24: 2 times 3. August 25: 2 times 4. August 26: 1 time 5. August 26 \u2013 spoke to staff member. She said will call me on Monday \u2013 Aug. 29th 6. No word from staff member on Aug. 29th 7. September 2 : 1 time 8. September 6: 1 time That\u2019s all have in my file know that we all met with the Dean and discussed this matter, but don\u2019t have a record of that meeting in my file. Based on the information remember that it was determined that would not conduct an investigation and that Dean Warner would speak to Professor Philbert about this matter hope this is helpful. Hanlon\u2019s calendar shows a meeting with Pierce on October 13. According to an email she wrote at the time, Pierce \u201clet [Hanlon] know about the concerns that had been raised by Paula Lantz.\u201d She had planned to review with Hanlon the summary written by Walesby, \u201cbut [Hanlon] said he was already aware of what had transpired.\u201d48 Pierce told us that Hanlon was also in touch with Lantz, but Pierce did not know what they discussed. We were not able to ascertain from witness accounts or contemporaneous emails whether Lantz discussed the 2005 allegations with Hanlon. Hanlon himself could not recall who first reported the allegations to him. That same day, October 13, Lantz emailed the Committee member who first received the report about the 2005 allegations have investigated the issue you brought to my attention last week. Here is what learned former chair of the dept in question actually did ask for an investigation of this person because of a concern that inappropriate behavior had taken place\u2014basically unwanted advances. The staff member did not want to pursue it, but an investigation was conducted anyway. No wrong- doing was revealed after what was described to me as an \u201cintense investigation.\u201d As such, there is no record of inappropriate behavior and no formal grievance was ever filed. However, it is also the case that no one really knows for sure if something happened. Could be a case of flirtation that was misinterpreted; or could be a case of something much worse. 48 Neither Hanlon nor Pierce recalled the meeting or what was discussed when we interviewed them. 31 do not want to bring this up with the search committee as a specific instance because the investigation revealed no wrongdoing. But think the general issue of gender and behavior, demeanor and baggage from prior interactions does need to be addressed; and it does come up in the feedback comments. You, of course, are free to bring it up if you don\u2019t agree with my perspective. The Committee member responded that she agreed but would \u201cwant to keep this as information that is available to the Committee or Provost if further diligence is recommended/needed.\u201d None of the Committee members we interviewed recalled learning about the 2005 allegations, but an email sent one week later by Hanlon (further described below) states that the Committee was aware of the allegations. 6. Provost Hanlon Receives Information about the Komorowski Litigation and the 2005 Allegations, and Meets with the Search Committee On Monday, October 18, the day before the final Search Committee meeting, Hanlon\u2019s calendar showed that he had a meeting with Warner \u201cre search.\u201d Neither Hanlon nor the Dean recalled the meeting. That evening, a member of Hanlon\u2019s staff forwarded him the October 11 summary of the 2005 allegations. The staff member had received the summary earlier that day after speaking to Frumkin about Hanlon\u2019s \u201cdesire for information on [Philbert].\u201d The staff member\u2019s email also asked Hanlon if he wanted additional information from an attorney in OGC, Dave Masson, who could describe the Komorowski litigation.49 Hanlon responded to the email within minutes, stating need to find out a lot more. Please set up a time for me to talk with Dave Masson and with Anthony [Walesby].\u201d The following day, October 19, Hanlon met with the Search Committee. The search specialist from the Provost\u2019s office believes she gave Hanlon packets of materials on each of the three finalists in connection with the meeting (potentially after the meeting). She could not recall the contents of the packets, and Hanlon had no specific memory of the materials when we interviewed him. The search specialist told us that, among other materials, the materials she gave Hanlon could have included Philbert\u2019s campus survey results\u2014which, according to the search specialist, would have been accessible to Hanlon in electronic form\u2014and the Committee\u2019s \u201cConfidential Summary of Feedback.\u201d Lantz and another Committee member recalled the Committee collaborating on the \u201cConfidential Summary of Feedback\u201d and using it as a guide for discussing the candidates with Hanlon. The summary of feedback included one page on Philbert\u2019s background, his strengths and \u201cconcerns.\u201d The final paragraph on Philbert stated: He has some baggage in terms of interpersonal relationships and perceived inappropriate behavior, especially with females. He has been accused of making inappropriate, gendered comments in class. He also has been overly flirtatious 49 See supra Section III(A)(2). The same email described the Provost\u2019s office staff member talking to Masson about the Komorowski lawsuit \u201ca couple of months ago.\u201d Neither the staff member nor Hanlon could explain why she made that inquiry at that time. 32 with many female staff and colleagues, which has made some recipients uncomfortable. Martin received pointed feedback/warnings regarding this behavior when he became a senior associate dean 5 years ago. All of the examples and reports of inappropriate behavior appear to be at least 5 years old. Thus, there is no evidence that this is an ongoing or current problem. However, rumors and negative feelings among some members of the community linger. During the meeting, Hanlon made opening remarks and Lantz summarized the feedback on each candidate. Committee members told us that Hanlon asked each Committee member whether the candidates were acceptable. The student representative who had described classroom comments by Philbert recalled that she was the only person who did not say that Philbert was acceptable. No Committee member specifically recalled discussing Philbert\u2019s conduct toward women in the meeting with Hanlon, but notes from the meeting taken by the search specialist in the Provost\u2019s office refer to \u201cConcern about issues that have come up.\u201d Later that day, Hanlon met with Masson about the Komorowski lawsuit. He met separately with Walesby about the 2005 allegations.50 Walesby did not recall the meeting; Masson remembered discussing the lawsuit but could not recall any details. Hanlon did not recall either meeting, but he told us that he trusted Walesby and found him to be thorough, professional, and a person of high integrity, and that he would have relied on Masson\u2019s assessment of the Komorowski lawsuit. The same day, the search specialist in the Provost\u2019s office sent an email to the Academic Records office requesting information about four students. The students included Jane Doe, Mary Roe, and two graduate students (one of whom had spoken to the Professor about Philbert\u2019s conduct), each of whom had witnessed or been subjected to Philbert\u2019s alleged misconduct in 2005.51 None of the individuals is named in Walesby\u2019s summary of the 2005 allegations that was provided to Hanlon the day before, but three of them are described in it.52 Neither the search specialist nor the other staff member who was copied on the request to Academic Records could explain how they came to ask for information about the four students. The staff member told us that any fact finding at that stage in a Dean\u2019s search would have been the Provost doing \u201cdue diligence.\u201d Hanlon told us he had no specific recollection of the contents or purpose of the email requesting information about the four students. However, in response to a written question on the same topic, he said \u201cwe identified a number of prior students who had worked in Professor 50 Hanlon\u2019s calendar does not show either meeting, but, as described below, in a later email to then- President Coleman, Hanlon indicated that he had met with both Walesby and Masson. 51 E-1, who was a University employee in 2005, is not on this list. Everyone on the list was a student in 2005. 52 Walesby\u2019s meeting with Hanlon on October 19 makes him the most likely source of the actual names, but we were unable to confirm that. 33 Philbert\u2019s lab for outreach to ask their opinion on whether he was a supportive mentor, to ask them to characterize the climate in the lab, and to ask whether they had seen any evidence that might support the allegations made 5 years earlier by [the Professor].\u201d53 Hanlon could not recall the specific feedback, but he said that the general response was highly positive and no information was received that supported the 2005 allegations. Pierce also described efforts to reach students, as set forth below.54 Only one of the four students identified in the email agreed to meet with us.55 She said no one from the Provost\u2019s office (or any other University office) contacted her about Philbert\u2019s conduct during the 2010 Dean\u2019s search. 7. President Coleman Receives a Summary of Allegations about Philbert The following day, October 20, Hanlon sent an email about Philbert to then-President Coleman, stating: As understand it, we\u2019re going to try to touch base by phone later today. But wanted to give you a quick heads up about the topic. Yesterday, the search committee reported out and presented a slate of three candidates. However one of them, UM\u2019s own Martin Philbert, was the top choice of all but one committee member and also heavily favored in feedback from the faculty, students, staff and other deans who interacted with the candidates. So, Martin has emerged strongly as the top candidate in the search. But there\u2019s a possible complicated [sic] that want to discuss with you. About five years ago, there was a series of allegations that Martin made inappropriate advances and/or had inappropriate relationship[s] with female staff and graduate students working in his lab. The most serious of the allegations came in a report from a faculty member who said that she had heard that Martin hugged and kissed and suggested sex with three female graduate students in his lab. Anthony Walesby investigated and the result was: \uf0b7 the first student said that no, she was not directly involved. But had heard the same things involving students she chose not to name. \uf0b7 the second student refused to discuss the topic with Anthony. \uf0b7 the third student would not respond to multiple efforts by Anthony to contact her. In the end, Anthony had no evidence apart from rumor and the matter was resolved with the Dean having a frank discussion with Martin second issue 53 Hanlon\u2019s response came after we reminded him that there had been outreach to students during the Dean\u2019s search. 54 See infra Section III(C)(8). 55 This is GS-1 who met E-1 in the hallway after Philbert kissed E-1\u2019s neck, see supra Section III(B)(1), and who is described in the summary prepared by Walesby of the 2005 allegations. 34 involved litigation with a male staff member who had been let go due to loss of funding in Martin\u2019s lab. This male staff member alleged that Martin and the female staff member were having an affair. Again, no evidence of an affair apart [sic] or conflict of interest apart from speculation. The matter was settled out of court. Both the lawsuit and Anthony\u2019s investigation date back to the 2005 timeframe. The search committee was aware of these allegations and the investigation but felt that was in the past and that Martin had learned his lesson met with Anthony Walesby and Dave Masson yesterday to get the full report in person wanted you to be aware of this and to discuss how to proceed. Talk to you later today, or if we don\u2019t connect, then when you\u2019re back next week. Coleman told us she did not remember receiving this email, nor did she recall learning about any allegations about Philbert as part of the Dean\u2019s search (or at any other time). Coleman thought that Walesby was a thorough investigator, and she explained that she would have relied on the judgment of Walesby and Hanlon, both of whom she trusted. She also acknowledged that she\u2014 and perhaps others who may have received this information regarding Philbert\u2014likely would not have given it the same weight in 2010 as she would today. Hanlon did not remember the specific email he sent to Coleman. However, he provided written answers to two questions about pieces of it. We asked how to reconcile his statement to the President that Walesby had investigated the allegations with Walesby\u2019s summary of the same events from nine days earlier: \u201cIt was determined that would not conduct an investigation and that Dean Warner would speak to Professor Philbert about this matter.\u201d We also asked Hanlon for the basis of his statement that \u201c[Walesby] had no evidence apart from rumor[.]\u201d Hanlon explained that at the time of the alleged events\u20142004 to 2005\u2014he was in a different role at the University and was not part of the University\u2019s response to the allegations. And he wrote that it was apparent from the documents we had shown him (which are summarized above)56 that the allegations \u201cwere taken seriously . . . There was an independent investigation by Walesby . . . [who] concluded that no further investigation by was necessary and that Dean Warner would speak to Professor Philbert as follow up.\u201d57 Hanlon\u2019s calendar showed that he spoke with Coleman by phone on October 21, but neither remembers the phone call. When we asked about the purpose of contacting the President, Hanlon wrote that with any decanal appointment, the Provost makes recommendations to the Board of Regents. And the Provost would do so only with the support of the President. 56 See supra Section III(C)(5). 57 Hanlon also gave his synopsis of the documents. Because the central documents are reprinted here in full, we do not recite Hanlon\u2019s summary. 35 8. Provost Hanlon and Pierce Collect Additional Information about Philbert\u2019s Conduct By late October, Hanlon had narrowed the finalists to Philbert and one other candidate. Philbert\u2019s final interviews were held on October 29 and November 1. He met with Coleman, Hanlon, Pierce, and other University leaders. Both before and after Philbert\u2019s final interviews, the Provost\u2019s office collected additional information about his conduct few days in advance of Philbert\u2019s interviews, Hanlon made reference calls to at least six faculty and administrators. One call was with an faculty member who had been on the Search Committee; she told us she had no memory of Hanlon asking about Philbert\u2019s conduct toward women. Another call was with Dean Smith, an Associate Dean in who had not been on the Search Committee; he recalled Hanlon asking if he was aware of any misconduct by Philbert. Smith recalled saying that he was aware of an allegation several years earlier and that he was not aware of any subsequent allegations or issues.58 Around the same time, Hanlon also requested that Pierce gather more information regarding Philbert. According to Pierce, Hanlon asked her to talk to female graduate students and faculty in SPH. She understood that the purpose of her inquiry was to assess whether students or faculty had concerns about Philbert. Hanlon told us these were \u201creference calls, not investigations.\u201d Pierce remembered speaking to several people and thought she likely would have kept notes (though she was unable to find any such notes at the time of our interview). The Professor was among the women contacted by Pierce. Pierce sent her an email on October 24 to arrange the meeting. The email said she was conducting a \u201croutine reference check . . . to hear your thoughts regarding your interactions with Professor Philbert and what you see are his strengths and weaknesses.\u201d According to the Professor\u2019s Notes, Walesby told her that \u201cseveral\u201d anonymous comments about Philbert raised concerns about his interactions with women, and Pierce wanted to discuss that with her. Pierce met with the Professor on November 8, 2010.59 According to the Professor\u2019s Notes,60 Pierce focused on whether the Professor had personal, first-hand knowledge of misconduct by Philbert. The Professor said that she did not (she had reported 58 Smith recalled learning of an allegation involving Philbert from someone in Student Services. He could not recall the details of the allegation or when he had learned about the issue. He separately learned from Warner about the 2005 allegations. In his conversation with Hanlon, Smith had assumed that the two issues were the same. In our conversation, he acknowledged that they may have been two separate issues but that he could not be sure. 59 That same day, November 8, Spencer Stuart received the results of its review of Philbert and sent them to the Provost\u2019s office. The review identified the Komorowski litigation but did not discuss the case in any detail. There was no mention in the review of any allegations regarding Philbert\u2019s conduct toward women. 60 In this instance, the Notes are dated December 2, 2010. The Notes refer to the meeting three weeks earlier, on November 8, 2010. 36 the accounts of two other women in 2005). The Professor remembered\u2014and her Notes also reflect\u2014Pierce saying that it \u201cwas highly unusual\u201d that nothing had come of Walesby\u2019s inquiries into the Professor\u2019s report in 2005. The Professor said she was unsettled by the meeting. Pierce told us she did not recall details of the meeting with the Professor. But Pierce remembered concluding that she had found nothing negative, and that the Professor\u2019s account of Philbert\u2019s conduct in 2005 was \u201cstrikingly different\u201d from what she was told by everyone else with whom she spoke. Pierce reported back to Hanlon accordingly. Another staff member in the Provost\u2019s office recalled the office \u201cinvestigat[ing]\u201d an anonymous report about Philbert that Lantz brought forward.61 by contacting people in SPH. She did not know the issue under investigation, or who handled the investigation. She did recall its outcome: The investigation went nowhere. The staff member recalled Hanlon saying after the investigation that he would not act on an anonymous complaint. 9. Provost Hanlon Recommends Philbert as Dean Pierce did not know how the concerns about Philbert\u2019s conduct were resolved. She remembered Hanlon \u201claboring over\u201d it\u2014Philbert was a strong candidate, and, as she remembered it, there was no conclusive evidence that he had engaged in misconduct, but the issue created a \u201cshroud of uncertainty.\u201d Pierce remembered Hanlon saying that he planned to have a \u201cvery clear discussion\u201d with Philbert about the allegations that had surfaced in the search process. She does not know if that ever took place, but she remarked that Hanlon was not someone to say he would do something and then not do it. Hanlon\u2019s calendar shows him meeting with Philbert on November 19. Hanlon told us he does not recall meeting with Philbert on that day or at any point around this time, and he does not recall any conversation with Philbert about his conduct. Hanlon recommended Philbert to become Dean of SPH. The appointment was announced on November 29, 2010, and Philbert became Dean on January 1, 2011. D. 2011 to 2017: Dean of the School of Public Health We interviewed more than 15 staff members who worked in the Dean\u2019s office while Philbert was Dean. The picture that emerges is of a leader with an informal, charismatic manner who was known for his use of sexual innuendo. He made sexualized comments to and around a number of staff members\u2014both men and women\u2014and often insisted that female employees give him hugs. Some staff members said his conduct made them so uncomfortable that they modified their work routines, as described below. Other staff members described Philbert as a supportive mentor. 61 We do not know whether this relates to the 2005 allegations, the survey comment, or something else. 37 Philbert also entered into sexual relationships with at least three employees while serving as Dean.62 Two of the relationships continued after he became Provost. 1. Philbert Begins Pursuing Relationships with Female Staff in the Dean\u2019s Office In early 2012, Philbert met alone with a new staff member as part of an introduction to the office. Philbert asked if the new staff member was married. She replied that she was not and tried to re-direct the conversation, but Philbert returned to the topic of marriage. Ultimately, he said could hook you up but it would end badly,\u201d which made the staff member uncomfortable. Later that semester, Philbert visited the staff member\u2019s office suite and told everyone present that he was \u201ccoming to get hugs.\u201d When Philbert reached the staff member\u2019s office, which was not visible to the rest of the staff in the suite, he gave her a hug, slid his hands down her back, and touched her buttocks (over her clothing). She described the incident as \u201cvery unsettling and uncomfortable.\u201d During that same semester, Philbert also began to direct attention toward another staff member (hereinafter \u201cE-2\u201d). E-2 stated that Philbert had previously focused on another woman in the office. E-2 said this was Philbert\u2019s approach: to focus special attention on a woman in the office, and then to move on to another. E-2 described a \u201cgradual\u201d build up in Philbert\u2019s attention. It began with him spending time in her office to talk and eventually moved to him making comments about her appearance, looking her \u201cup and down\u201d in a way that made her uncomfortable, and giving her frequent hugs.63 Philbert occasionally invited E-2 to lunch, and, when he did so, E-2 asked another staff member (hereinafter \u201cE-3\u201d) to join them because she did not want to be alone with Philbert. In early 2013, Philbert sent E-2 a social media message stating that she was \u201cstunning.\u201d E-2 told us that, around the same time, Philbert gave her a full body hug, \u201cchest to chest,\u201d that lasted 30 to 45 seconds. She moved to pull back, but he kept her in his embrace. E-2 told us she kept her hands at her sides and looked out her office door, waiting for Philbert to stop. E-2 began making efforts to avoid being alone with Philbert. She told us she took \u201cevasive measures\u201d when Philbert was around\u2014going to a colleague\u2019s office and talking about work, pretending she was on the phone, and the like. She never told him to stop his behavior, but he eventually stopped trying to interact with her in this way and turned his attention to E-3. 62 Philbert\u2019s University-owned devices contained evidence indicating that he engaged in sexual relationships with additional women during his time as Dean. We investigated whether the women were University students or employees. Because they appear not to be, they were outside the scope of our investigation. 63 Later in 2012, E-2 was promoted within the Dean\u2019s office. 38 2. Philbert Initiates a Sexual Relationship with E-3 Philbert began taking an interest in another staff member in the Dean\u2019s office, E-3, in the fall of 2012, when he learned that she was going through a difficult personal situation. Philbert gave E-3 his cell phone number and, throughout the fall and winter, he sent her text messages. The relationship and texts grew increasingly personal over time. Philbert began making comments about E-3\u2019s physical appearance and, by E-3\u2019s account, he \u201cblur[red]\u201d the lines between professional and personal. Philbert told her, \u201cyou\u2019re beautiful would treat you like a queen,\u201d and \u201cif was with you would never let you go.\u201d64 E-3 described feeling ambivalent about the relationship, both comforted by it and concerned about the appropriateness of her interactions with Philbert. In the spring of 2013, Philbert and E-3 met in Philbert\u2019s office in connection with a University activity and they kissed for the first time. They both expressed feelings for each other when this happened. After that first encounter, they began texting more frequently. The texts included descriptions of sexual acts. Within a month, they began a sexual relationship. During the ensuing relationship, Philbert and E-3 had sexual contact in University offices on numerous occasions and on University business trips. Philbert also saved intimate photographs of E-3 on his University-owned devices.65 In the summer of 2013, Philbert emailed E-3 that he was concerned his wife was growing suspicious of his texting. The next month, he and E-3 began communicating on the encrypted message application WhatsApp. E-3 said her relationship with Philbert was most active and intense in the summer of 2013. That same summer and fall, E-3 applied and was selected for a more senior position in the Dean\u2019s office. University officials involved in the application and hiring process remembered Philbert advocating for E-3 generally and supporting her in the selection process that resulted in her promotion but not directly instructing that she be hired.66 E-3\u2019s supervisor, an associate dean who was the ultimate decision-maker on her promotion, reported directly to Philbert. Philbert\u2019s relationship with E-3 continued off and on through most of 2014. In November 2014 Philbert told E-3 he wanted to end the relationship and for them to remain friends; E-3 agreed. E-3 found her work environment more \u201cdifficult\u201d after her relationship with Philbert ended. Seeing Philbert at work made her anxious, and she felt that Philbert treated her more 64 During the same period (late 2012) Philbert was sending sexually explicit texts to a former student who graduated from a few years earlier. The former student declined our request to meet. The texts and emails suggest they may have been in a sexual relationship. 65 In 2014, Philbert received a sexually suggestive photograph from a former student who graduated in 2009. Texts between Philbert and this former student suggest that they may have had a sexual relationship. 66 E-3\u2019s supervisor believed that E-3 was the strongest candidate for the position. 39 coldly and was more inclined to question her professional decisions. E-3 said Philbert never explicitly connected the state of their relationship and his actions at work, but she nevertheless felt as though she was being professionally \u201cpunished\u201d by him. In 2015, Philbert attempted to initiate sexual contact with E-3 in University offices on three or four separate occasions. E-3 rebuffed him. She told us that Philbert gave her hugs and then put his hands on her buttocks, up her shirt, or down her pants. The contact, which she regarded as non-consensual, would stop when she said no. In November, E-3 decided she would leave the University and, at that point, became more comfortable resisting Philbert\u2019s advances. She did not allow him to get physically close to her; \u201cno\u201d became \u201chell no,\u201d and Philbert\u2019s hands never went underneath her clothes. E-3 did not report Philbert\u2019s conduct to the University when it was happening. She told us she believed that, if she did so, Philbert would \u201cthrow [her] under the bus and [she] would suffer more consequences.\u201d E-3 described it as a different time\u2014calling it \u201cpre-Me too\u201d\u2014and she thought reporting Philbert would not work out in her favor. Years later, in the spring of 2018, Philbert texted E-3 to say that she was on his mind. In the text conversation that followed, she asked, \u201cWere you ever worried during all the me too news that would publicly talk about our relationship?\u201d Philbert responded, \u201cNever trusted you implicitly.\u201d E-3 asked him to meet her for lunch that spring, and during that lunch she told Philbert that he had used his position of power inappropriately in their relationship. She said Philbert disagreed, telling her that it had been true love. 3. The Provost\u2019s Office, OIE, OGC, and the Registrar Receive Information about Allegations of Misconduct by Philbert from 2005 Meanwhile, in the fall of 2012, E-1, who had told the Professor about misconduct by Philbert in 2005, re-enrolled in SPH.67 E-1 described feeling \u201cconstantly paranoid\u201d that she would run into Philbert at that fall. In the spring of 2013, E-1 felt overcome by anxiety and decided to withdraw from her classes. She never saw Philbert, but she said the possibility that she would was a constant concern. E-1 met with representatives from the University\u2019s Sexual Assault Prevention and Awareness Center (\u201cSAPAC\u201d), one of whom helped her prepare petitions requesting a tuition refund and removal of a \u201cwithdrawal\u201d notation from her transcript. On March 13, 2013, a Program Manager for emailed an investigator to explain that \u201c[E-1] has been facing anxiety, fear, and panic attacks when she is back in the building\u2014in fear that she will run into [Philbert].\u201d The Investigator forwarded this email to Walesby, and explained that E-1 was asking to withdraw from classes because she was \u201csexually harassed (culminating in a kiss on the neck) by a faculty member a few years ago.\u201d Walesby had received the Professor\u2019s report about Philbert and E-1 in 2005. See supra Section III(B)(3). 67 As discussed above, E-1 left the University in 2007. Her allegations from 2005 were considered in connection with Philbert\u2019s candidacy for the deanship in 2010. See supra Sections III(B)(1); III(C)(5). 40 On March 15, 2013, E-1 met with Walesby and the Assistant Dean of Students about her tuition refund and transcript change petitions. During the meeting, Walesby asked E-1 for additional details about Philbert\u2019s conduct that she did not feel comfortable sharing. Walesby told us he had no memory of the meeting. After the meeting, Walesby sent the summary of E-1\u2019s (and Mary Roe\u2019s) 2005 allegations prepared by Walesby in 2010, see supra Section ____, to Provost Hanlon, Vice Provost Martha Pollack (who had already been selected to succeed Hanlon as Provost), a senior official from the Provost\u2019s office,68 Christine Gerdes (an attorney from OGC), and Frumkin (the Academic official involved with Komorowski\u2019s termination in 2003 and the 2005 allegations). The officials on that email also received the following facts from Walesby: \uf0b7 Walesby met with E-1 about petitions for tuition reimbursement and the removal of a withdrawal notation from her transcript; \uf0b7 E-1 based the petitions on health issues she connected to being back in following the alleged sexual harassment by Philbert she experienced in 2005; \uf0b7 Walesby told E-1 that retaliation is prohibited by University policy and that he would like the opportunity to learn more about E-1\u2019s specific concerns; \uf0b7 E-1 refused to provide specific information about any alleged misconduct by Philbert; \uf0b7 Walesby talked to Hanlon about the issue after he met with E-1; and \uf0b7 Walesby said that there were no specific allegations to move forward on. Pollack, the incoming Provost, responded to Walesby\u2019s email, agreeing to speak about the issue by phone.69 On March 21, 2013, E-1 emailed Walesby to ask him to submit a statement indicating that she had previously reported Philbert for sexual harassment and that the case was \u201cdocumented and under investigation.\u201d On March 22, Walesby, after conferring with other University officials, responded in part haven\u2019t written such a letter in the past and I\u2019m not sure see my role in this matter at this point. There may be a misunderstanding, and if that\u2019s so apologize understood from our last meeting that you continue to not wish to 68 This official was copied by mistake and the email should have copied Pierce who was included on later emails on the same topic. 69 Pollack told us she had no memory of that discussion or E-1\u2019s allegations. Walesby told us he had no memory of speaking to Pollack, or to Hanlon. Hanlon told us he does not recall the email, the fact or substance of E-1\u2019s inquiry or having any role in responding to it. No one else with whom we spoke in or the Provost\u2019s office recalled this episode. 41 share any specific allegations regarding the person you reported having interaction with in 2005. As we discussed encouraged you to provide information so that the University can conduct a review and make a determination regarding this matter. . . . You indicated in your email below that an investigation is underway, so wasn\u2019t sure if there\u2019s a misunderstanding. At this point, other than efforts we made in 2005, we are unable to move forward with an investigation based on the lack of specific allegations. E-1 wrote to the Program Manager after receiving Walesby\u2019s email, expressing her frustration that Walesby had declined her request and that he had asked for additional information about her allegations that she had \u201cmade clear [she was] not comfortable sharing.\u201d On March 28, 2013, E-1 separately emailed the University\u2019s Ombuds office, which she had previously contacted for assistance with her petition, and wrote of her March 15 meeting with Walesby: At that meeting told [Walesby] what had heard from a former Ph.D. student familiar70 with this faulty [sic] and his sexual harassing behavior with me and other students. She told me about his sexual harassment behavior towards other students in the past few years (people there after left [sic] [Walesby] this information because he was pressuring me to give him details and felt like needed to tell him something. By telling him this information felt safe that if he confronted the professor regarding it the professor would not link it back to me. [Walesby] said that what he would do is take that information to the provost that oversees the Deans and they would decide from there how to proceed. E-1 submitted petitions to the Registrar\u2019s office and the Dean of Students\u2019 office on March 22, 2013. She included letters of support from SAPAC, her psychologist, and the faculty member who taught the course from which she was withdrawing. On March 27, 2013, the Literature, Science, and the Arts Standards Board granted E-1\u2019s petition to expunge the \u201cwithdrawal\u201d notation from her transcript. The Registrar\u2019s office initially denied E-1\u2019s petition for a tuition refund. E-1 informed the Registrar\u2019s office that she intended to submit her petition for reconsideration, copying Walesby, the University\u2019s Ombuds office, and the Assistant Dean of Students. Walesby forwarded E-1\u2019s email to several University officials and wrote, \u201cJust fyi\u2014this relates to the 2005 matter involving Martin Philbert sent an earlier email about this and spoke directly to Phil [Hanlon] and Martha [Pollack] about the matter. The student is focused on a tuition reimbursement for a course taken now.\u201d On April 17, 2013, Walesby sent Pierce an email in which he raised the possibility of informing Philbert of E-1\u2019s petitions.71 Pierce replied by email, indicating that she had spoken with Hanlon earlier that day. \u201cLike me, he was immediately concerned of possible retaliation if 70 There is no indication that E-1 shared the name of this student or any details about the student\u2019s experience. 71 Pierce did not recall E-1\u2019s 2013 petitions. 42 the dean knew. In the end, he said he didn\u2019t have strong feelings one way or the other since she had not filed a complaint. If she did, then obviously [Philbert] should be informed.\u201d Contemporaneous emails show that Walesby met with Philbert on April 25, 2013 and informed him both about E-1\u2019s petitions and the allegations raised in 2005. Walesby did not reveal E-1\u2019s identity during this conversation. He informed Philbert that the transcript petition would be addressed by an official other than Philbert. Philbert acknowledged to Walesby that he talked to Warner about the allegations in 2005. Walesby remembered deciding at the time to take the opportunity to ask Philbert about the allegations. He asked Philbert five questions, including whether Philbert had ever kissed a student or made comments about \u201cchocolate syrup sex.\u201d Philbert said he had not. On April 26, 2013, the Registrar\u2019s office granted E-1\u2019s petition for a tuition refund. The notification included a statement that the Registrar was \u201cexpressing no opinion with respect to the merits of the claims\u201d contained in the petition. 4. Philbert Enters into Sexual Relationships with Additional Employees In 2013, while still in a sexual relationship with E-3, Philbert was also in a sexual relationship with another employee (hereinafter \u201cE-4\u201d). E-4 did not acknowledge the sexual relationship with Philbert during our interview of her. However, Philbert\u2019s text messages on University-owned devices contain discussions of their in-person sexual activity, explicit exchanges about sex acts, and intimate photos of her. Philbert and E-4 were exchanging sexually explicit text messages by October 2013. They also engaged in sexually explicit FaceTime sessions, which Philbert \u201cscreen captured\u201d and saved on his University-owned devices. The text messages and FaceTime screen captures show that the relationship ran through at least October 2014, and then again from April 2015 through May 2018. Electronic messages between Philbert and E-4 frequently refer to them engaging in sexual activity in University offices. While he was in a sexual relationship with E-4, Philbert entered into a sexual relationship with another employee (hereinafter \u201cE-5\u201d). E-5 also did not acknowledge the existence of the relationship to us. However, as with the other relationship, Philbert\u2019s University-owned devices contain text messages with discussions of their in-person sexual activity, explicit exchanges about sex acts, and intimate photos of her. The sexually explicit text exchanges with E-5 began in 2017. At some point in 2016, Philbert played an active role in creating a position for the employee when her prior job was not working out. The texts messages show the relationship was on and off through at least 2018. 5. Philbert Initiates Sexualized Communications with E-6 Philbert\u2019s relationship with another employee (hereinafter \u201cE-6\u201d) changed in 2016. The two became friends in the course of working together. E-6 said that in or around 2016 Philbert became \u201cflirtatious\u201d in ways that \u201cdid not seem normal for a boss.\u201d He began to text E- 6 frequently and make more sexually suggestive comments, including about E-6\u2019s physical 43 appearance and a hypothetical sexual relationship. E-6 redirected such conversations with Philbert without explicitly asking him to stop dispute between Philbert and E-6 at work further changed their relationship. E-6 described leaving the office one day as a result of the dispute, unsure of whether she wanted to continue working at SPH. E-6 told us that Philbert called her and sent her texts incessantly that afternoon. When they spoke by phone that evening, E-6 wondered aloud whether she could continue working at SPH. E-6 said Philbert responded with words to the effect of, \u201cThe problem with you is that have to try so hard not to like you so much.\u201d E-6 said the comment marked a turning point in their relationship\u2014things changed and Philbert became increasingly friendly. As described below, infra Section III(F)(3), Philbert and E-6 entered into a relationship in 2017 after Philbert was selected Provost; it became a sexual relationship in 2018. The change in Philbert\u2019s relationship with E-6 coincided with changes in his relationship with another employee (hereinafter \u201cE-7\u201d). E-7 told us that Philbert \u201cvery quickly\u201d noticed when she stopped wearing her wedding ring in 2016. He began visiting her office, closing the door, and asking whether she was okay. E-7 told us there was an undercurrent to Philbert\u2019s comments and questions that suggested sexual interest. Philbert made comments to her such as \u201cIf wasn\u2019t married would really go after you\u201d; \u201cIn a different situation would want to go out with you\u201d; and want to take you wherever go.\u201d72 As described below, infra Section III(F)(1), these interactions continued after Philbert became Provost. E. 2017: Selection as Provost and Executive Vice President for Academic Affairs In November 2016, then-Provost Martha Pollack was named President of Cornell University. She stepped down as University of Michigan Provost at the end of January 2017, and Paul Courant began serving as the interim Provost. From January to June 2017, the University ran a search process for a new Provost. On June 15, 2017, the University announced Philbert\u2019s selection, effective September 1, 2017. 1. President Schlissel Establishes and Chairs the Provost Search Advisory Committee President Mark Schlissel chaired the 2017 Provost\u2019s Search Advisory Committee (\u201cProvost Search Committee\u201d) and attended each of the Committee\u2019s meetings. President Schlissel did not routinely participate to this extent in University selection processes, but he wanted to signal how seriously he took the selection of the next Provost. The President\u2019s Special Counsel, Liz Barry, served as staff to the Provost Search Committee. The Provost Search Committee had eleven members, including President Schlissel. Vice Provost Pierce was a member of the committee, along with officials from schools across the 72 Another employee also experienced suggestive comments from Philbert during this same period. Philbert commented about her physical appearance and said that he wanted to bring her with him to his future jobs. The employee told us the comments were \u201cweird and off-putting.\u201d 44 University and one student representative. The student representative was a Master\u2019s student at SPH; he was the only Committee member affiliated with SPH. An external search firm, Korn Ferry, assisted the Provost Search Committee by contacting potential candidates, reviewing application materials, and performing reference checks. 2. President Schlissel Solicits and Receives Input from Former-Provost Hanlon The first meeting of the Provost Search Committee was on January 26, 2017. On February 21, 2017, President Schlissel emailed former Provost Hanlon to ask for his help in identifying candidates. Hanlon replied, \u201c[T]wo people come to mind right away. One is Martin Philbert. Admittedly am at a distance from these days, but still hear great things about Martin\u2019s leadership of Public Health.\u201d Hanlon told us he had heard about the success of under Philbert\u2019s leadership from former-Provost Pollack and indirectly through faculty. Hanlon thereby explained the basis for his recommendation, but did not respond to our specific question about whether he considered \u201creferring to information about Dr. Philbert learned in 2010 or 2013.\u201d73 President Schlissel replied to Hanlon\u2019s email saying, \u201cMartin is top of list of the internal candidates share your high opinion of him.\u201d Later that same day, Philbert sent Korn Ferry his official letter of interest in the Provost position. President Schlissel did not know Philbert before coming to the University in 2014. In late 2014, then-Provost Pollack reviewed Philbert\u2019s work performance and renewed his deanship. President Schlissel read a summary of the review at the time; it contained no information about Philbert\u2019s conduct towards female staff members or students.74 Between then and Philbert\u2019s expression of interest in the Provost position in 2017, President Schlissel\u2019s contacts with Philbert were limited to occasional University-related interactions. They were not personal friends. 3. Philbert is Selected to Participate in Interviews In early March, the Provost Search Committee reviewed applications from 41 candidates. The Provost Search Committee discussed Philbert\u2019s candidacy at this stage, but the conversation was not in-depth; it was assumed that Philbert would advance to the interview stage. Committee members regarded Philbert as a strong candidate, and he was seen as the internal candidate who had the most support from other University deans. 73 See supra Sections III(C)(5); III(D)(3). 74 We also reviewed the confidential feedback on Philbert that was collected and considered at this stage; it does not include any information about Philbert\u2019s conduct towards women. 45 The Provost Search Committee ultimately selected Philbert and nine other candidates to participate in first-round interviews. After the first round of interviews, the Committee invited a smaller pool of candidates, including Philbert, to participate in a second round. The Committee considered the candidates\u2019 academic and executive experience, their interviews, and Korn Ferry\u2019s background research on their academic credentials. The process did not include requests for reports or allegations of prior misconduct. It also did not include a public campus visit or anonymous campus survey feedback, such as that collected in the 2010 Dean\u2019s search.75 None of the Committee members recalled receiving any information (written or oral) about Philbert\u2019s past conduct toward women during the search process. We looked for such information in every Committee member\u2019s email and in the materials assembled by the Committee about Philbert\u2019s candidacy. We found none. Pierce had been aware of allegations of misconduct by Philbert dating back to 2005, including when the allegations came to light again in 2010 and 2013. We asked Pierce whether she considered raising with the Committee information about such allegations.76 She did not recall any request for or inquiry into allegations of Philbert\u2019s prior misconduct in the course of the Committee\u2019s work, and she said she \u201cdid not think about it.\u201d She stressed that no allegations had been corroborated in those prior inquiries. By her memory, \u201cthere had been no evidence to support\u201d the allegations and it was not an established data point, \u201cso it was just gone from [her] mind.77 4. Philbert is Selected as a Finalist and Later, as Provost In mid-April, the Provost Search Committee selected three finalists\u2014two outside candidates and Philbert. The selection of finalists completed the Provost Search Committee\u2019s work. It was up to President Schlissel to decide which finalist to recommend to the Regents. Each of the three finalists was interviewed over the course of two days by President Schlissel and a group of Regents, Executive Officers, Deans, and other University officials. Philbert met with the President and other University leaders at the President\u2019s residence on May 8 and 9. In addition to soliciting input from those who interviewed the finalists, President Schlissel also called references\u2014both those provided by the candidates and others President Schlissel believed might have a valuable perspective. Philbert submitted as references three former University officials\u2014former President Mary Sue Coleman, former Provost Philip Hanlon, and former Provost Martha Pollack\u2014and two external references. Korn Ferry contacted candidates\u2019 references and compiled the feedback for 75 See supra Section III(C)(4). 76 See supra Sections III(B)(4); III(C)(8); III(D)(3). 77 We reviewed the entirety of Pierce\u2019s available email for references to Philbert and potential misconduct; we found no references after 2013. 46 the President. Both former-Provost Hanlon and former-Provost Pollack provided positive feedback on Philbert. The written summary of that feedback prepared by Korn Ferry makes no reference to Philbert\u2019s conduct toward women.78 Hanlon could not recall his conversation with Korn Ferry, but he told us he answered all questions he was asked truthfully and completely. President Schlissel did not recall whom he called about Philbert, but he thinks he spoke to former-Provost Pollack, former-President Coleman, former-Provost Hanlon, an Associate Dean in SPH, and one or two sitting deans. All of the feedback President Schlissel received about Philbert was strong and positive; President Schlissel does not recall hearing anything about Philbert\u2019s conduct toward women. On June 7, 2017, President Schlissel recommend Philbert for the position of Provost to the Board of Regents. On June 15, the Board of Regents approved the recommendation, and Philbert\u2019s selection was announced later that day, effective September 1, 2017. 5. President Schlissel Learns of the Komorowski Litigation Sometime after the June 15 announcement, President Schlissel learned of the 2003 litigation brought by the former lab worker, Tom Komorowski.79 As discussed in Section III(A)(2), supra, Komorowski alleged that he was wrongfully terminated based on his age and sex. He also claimed that Philbert terminated him so that he could retain a female lab employee with whom Komorowski alleged Philbert had a close personal relationship. The complaint did not make any allegations regarding Philbert\u2019s relationship with the female lab employee, deposition testimony did not establish that there had been an intimate or sexual relationship between them, and the case was settled in November 2005. President Schlissel recalled learning about the case over lunch with someone who was then a member of the Board of Regents in the summer of 2017. The Regent told the President he learned Philbert had been involved in some kind of sexual misconduct lawsuit, but he did not know any details (including the plaintiff\u2019s name). The Regent learned the information from a colleague who had apparently seen news of Philbert\u2019s appointment as Provost. President Schlissel could not recall the date of the lunch with the Regent, and we were unable to determine the date from available calendar and email records.80 President Schlissel told us that, until then, 78 We found no evidence that the third internal reference from the University, former President Mary Sue Coleman, provided any feedback to Korn Ferry. Philbert\u2019s references who were not affiliated with the University submitted positive recommendations; neither referred to any alleged misconduct. 79 See supra Section III(E)(5). 80 We reviewed President Schlissel\u2019s calendar and found only two entries for that Regent: a lunch on June 7, 2017, a week before the public announcement; and a breakfast in October 2017, more than a month after Philbert started working as Provost. We also reviewed every email between the President, the Regent, and the General Counsel for the period June 1 to September 5. None contained the date when President Schlissel first learned the information from the Regent. 47 he had never heard of any such lawsuit. (The first references to Tom Komorowski in the President\u2019s email appear on September 5, 2017.) President Schlissel asked Timothy Lynch, the University\u2019s General Counsel, to gather more information about the lawsuit right after his lunch with the Regent. On August 29, 2017 requested from the University\u2019s Bentley Library81 the full file associated with the Komorowski litigation. Lynch also received materials from Masson, the attorney who was familiar with the litigation. The next day, August 30, Masson asked an attorney in the law firm that had represented to University in the litigation to review the firm\u2019s file. Lynch and the outside lawyer spoke the following day. President Schlissel told us that he learned the following facts about the litigation at the time: \uf0b7 In his deposition, Komorowski was unable to provide any evidence confirming the existence of an intimate relationship between Philbert and the female lab employee; \uf0b7 Komorowski testified that he never saw Philbert and the female employee together outside the University and never personally observed any behavior between them that he considered inappropriate; \uf0b7 Komorowski had alleged that a coworker would support his claim that Philbert and the female employee had been in an intimate relationship. But the coworker testified that he did not believe the female employee and Philbert had had an intimate relationship. \uf0b7 Then-Provost Hanlon was aware of the matter before selecting Philbert as Dean. President Schlissel did not recall if he learned other facts, but he believes he may have seen deposition transcripts which he concluded did not corroborate Komorowski\u2019s allegation that Philbert had a relationship with the lab employee. Based on the information provided to him, President Schlissel did not believe there was a reason to reverse the decision to appoint Philbert as Provost. F. September 2017 to March 2020: Provost and Executive Vice President for Academic Affairs On September 1, 2017, Philbert moved out of the Dean\u2019s office and began working as Provost. As was typical for senior University officials after such a promotion, he retained an office in his former school (in Philbert\u2019s case, in SPH). Philbert\u2019s sexual relationships with two employees, E-4 and E-5, continued after he became Provost. Because Philbert encrypted his WhatsApp communications with both women 81 Bentley Library houses historical records for the University. 48 at various points in their relationships, we do not know how long either relationship lasted. Based on the record available to us, the relationships continued through at least 2018. Philbert entered into sexual relationships with at least three additional University employees after he became Provost. For most of his time as Provost, Philbert was in simultaneous sexual relationships with two or three University employees.82 1. E-7 Discusses Philbert with President\u2019s Office Philbert encouraged several female staff members from the Dean\u2019s office to consider moving with him to the Provost\u2019s office. One of the staff members, E-783, told us about her conversations with Philbert during his recruitment efforts in the fall of 2017. E-7 said Philbert continued to make sexually suggestive comments to her (e.g., \u201cIf you weren\u2019t married\u2026\u201d) that made her uncomfortable. He also periodically sent her text messages saying that he was thinking about her. E-7 applied for the job in the Provost\u2019s office for which Philbert had encouraged her to apply. At some point in the process, she met for coffee with Liz Barry, the Special Counsel to the University President, for advice about the position she was pursuing. She had known Barry for some years. During their meeting, E-7 expressed some hesitation about working for Philbert but did not provide much detail. E-7 told us that she \u201cinsinuated something around Me Too\u201d and may have added, \u201che needs to be careful that people do not perceive what he says as inappropriate.\u201d Barry also described the conversation to us. According to her, E-7 said that Philbert had \u201cissues with women,\u201d that part of her job would be to \u201ccoach\u201d him on his interactions with women, and that a current employee may have been working with him on these issues already. Barry told us that she understood the comments to refer to Philbert\u2019s management style, particularly in view of the reference to \u201ccoaching,\u201d which was not a term Barry associated with addressing sexual misconduct. Barry found nothing concerning about the conversation; rather, E-7 appeared enthusiastic about the prospect of working with Philbert.84 82 Philbert\u2019s University-owned devices contained evidence indicating that he engaged in sexual relationships with additional women during his transition to or time as Provost. We investigated whether the women were University students or employees. Because they appear not to be, they were outside the scope of our investigation. 83 See supra Section III(F)(1). 84 E-7 later spoke to other witnesses about her interactions with Philbert and her meeting with Barry. Based on other witnesses, we concluded that a sentence from the anonymous letter to President Schlissel in January 2020, see infra Section III(F)(8), likely referred to this meeting: \u201cIt is our understanding the president\u2019s office was previously warned about this predator and did nothing to investigate or stop him.\u201d 49 Barry did not make any record of the conversation with E-7, nor did she share the information with anyone else.85 Philbert ultimately selected someone else for the position in the Provost\u2019s office. 86 2. An Faculty Member Receives Information about Philbert\u2019s Statements In a casual conversation in January 2018, E-7 mentioned her vacation tan to Philbert. E-7 recalled Philbert saying, \u201cI\u2019m not interested in where you\u2019re tan. I\u2019m interested in where you\u2019re not tanned.\u201d (As discussed below, another female Provost office employee told us Philbert said something similar to her.) Months later, E-7 told an faculty member about Philbert\u2019s behavior. E-7 told us she recalled describing a general feeling of sexual harassment without providing any details, saying things such as, \u201cthere is stuff happening that really need to tell you about.\u201d She recalled being in tears when she told the faculty member can\u2019t tell you [Philbert\u2019s] exact comments because of your role.\u201d Based on the faculty member\u2019s former leadership role, E-7 assumed the faculty member would have to report Philbert\u2019s behavior if she provided specifics, and she did not want to put her in that position. Without providing names, she also told the faculty member that other women had experienced similar conduct. The faculty member told us that E-7 was \u201cvery, very upset\u201d after having a \u201cparticularly yucky\u201d interaction with Philbert that included him saying something about wanting to see where she was not tan. The faculty member had worked with Philbert for years and knew him to use sexual innuendo and to be \u201calways a bit inappropriate.\u201d The faculty member said the conduct that E-7 described was \u201cwithin the range of Philbert\u2019s interactions,\u201d but that something in the nature of the comments was clearly upsetting to E-7 and different from Philbert\u2019s typical comments. The faculty member, likely based on her former leadership role, believed that she was required to report suspected harassment. She recalled telling E-7 that if E-7 provided more information, she might be required to report the information, and then describing the University\u2019s reporting channels for sexual harassment. The faculty member remembered E-7 saying she could not report to because Philbert was the Provost and she could not afford to lose her job. The faculty member told us that the conduct E-7 described was in a \u201cgray area\u201d and not far enough \u201cover the line\u201d\u2014it was not a relationship, it was not sex, and there was no physical contact. Instead, she considered it \u201ca bad phrase used in a vulnerable situation.\u201d 85 In addition to interviewing both E-7 and Barry, we reviewed all email correspondence between them for the period from September 1, 2017 to March 31, 2018. We found no references to any sexual misconduct or other improper behavior by Philbert. 86 After Philbert left SPH, E-7\u2019s program was cut, and she later left unhappily. She told us she felt that Philbert had harmed her professionally. According to another faculty member, in early 2019, E-7 said that she was angry at Philbert in connection with a professional disagreement and had a plan to \u201ctake [him] down.\u201d 50 3. Philbert Initiates a Sexual Relationship with E-6 Philbert\u2019s promotion to Provost affected his relationship with E-6.87 E-6 had had a working relationship with Philbert in in which Philbert became \u201cflirtatious.\u201d She said the flirtation increased over time, particularly while Philbert was applying for the Provost position in 2017. After Philbert was announced as the next Provost in June 2017, E-6 told us that he shifted to a \u201cfull court press\u201d with comments such as that he and E-6 could have \u201cbeautiful coffee- colored babies\u201d together; that he wanted to see her tan lines; that he was \u201caching\u201d for [her]; and others. E-6 began to respond in kind to Philbert\u2019s flirtations, and she and Philbert discussed the possibility of a relationship. One evening in late November 2017, Philbert asked E-6 to meet him in his office, explaining that he had something for her. When she arrived, Philbert closed the door and tried to turn the lights off. E-6 insisted the lights remain on. Philbert then approached E-6 forcefully, kissed her, and pressed his body against hers. He tried to remove her shirt, which she stopped, and they continued to kiss. E-6 was attracted to Philbert but was \u201cshocked\u201d by the interaction\u2014 she had not expected a physical encounter and told us that it felt \u201caggressive.\u201d When she left Philbert\u2019s office, E-6 worried that passers-by could have seen them through the second-floor office\u2019s large windows. The next month, Philbert asked that his office be moved from the second to the sixth floor. The Facilities Director confirmed the request by text to Philbert, and Philbert responded, \u201cSo can sneak in and out / It\u2019d be helpful. But a quiet one.\u201d The move was completed within a week and the lock was rekeyed. The work order indicated that the new key would be one \u201cthat not only the region does not have, but after-hours maintenance personnel would not have either.\u201d This had the effect of taking the office off the submaster key that senior personnel used to access spaces in the building.88 After their first physical encounter, E-6 told Philbert that they needed to stop because they were endangering their careers. Philbert insisted that it was true love. The relationship continued. By January 2018, they were exchanging sexually explicit text communications almost daily; shortly thereafter, they began a sexual relationship. Their sexual relationship continued through September 2019, during which time they had sexual relations in University offices, in Philbert\u2019s house, and at nearby hotels. Once they began a sexual relationship, Philbert asked E-6 to move their communications to Signal, an encrypted text application with an auto-delete function. E-6 described using Signal to exchange sexually explicit messages and images, which Philbert initially pressed her to provide. The two also exchanged similar material by regular text, which we recovered from University-owned devices used by Philbert. Evidence we analyzed shows that some 87 See supra Section III(F)(5). 88 The Facilities Director told us that Philbert did not request the key change; rather, he said he made the change himself after discovering a custodian sleeping in the office before Philbert took it over. 51 sexually explicit images were taken in the Fleming Building, which is the location of the Provost\u2019s office. Not long after Philbert\u2019s sexual relationship with E-6 began, in mid-2018, E-7 asked E-6 if Philbert had ever \u201ccrossed the line\u201d with E-6. E-7 was not aware that E-6 was in a relationship with Philbert at that time, and E-6 did not disclose it to her. E-6 remembers that E-7 recounted that Philbert told her he wanted to see \u201cthe bits below her tan lines.\u201d E-6 asked E-7 whether Philbert had engaged in any other conduct and whether she felt professionally disadvantaged by Philbert\u2019s conduct. In the course of their conversation, E-7 mentioned that she had met with Barry, the President\u2019s Special Counsel, see supra Section III(F)(1). E-6 concluded that she need not report the information to or take further steps because E-7 did not feel professionally disadvantaged by Philbert\u2019s comments, and because E-6 assumed that the President\u2019s office was aware of the comments.89 4. Philbert Tries to Initiate a Relationship with E-8 As Philbert and E-6 were entering into a sexual relationship in the spring of 2018, Philbert was also pursuing relationships with personnel in the Provost\u2019s office. Philbert and a staff member in the Provost\u2019s office (hereinafter \u201cE-8\u201d) were friends early in his time as Provost. Over time, however, E-8 felt that Philbert\u2019s behavior became increasingly \u201codd.\u201d She noted that he adjusted his morning schedule so that he arrived earlier, in time to meet E-8 for coffee, and that he hugged her more frequently. Other staff told us they took notice of this behavior. Philbert then began commenting on E-8\u2019s physical appearance. Philbert also began sending frequent and informal text messages and photos of himself to E-8, including after business hours. E-8 grew concerned that personnel in the Provost\u2019s office thought she was going around them to interact with Philbert. Around May or June 2018, she asked Philbert to stop giving her as much attention because it was damaging her professional reputation. Philbert reassured her that he would protect her professionally, but he did not change his behavior. E-8 told us that she began avoiding Philbert, including by eating lunch early, closing her office door when she heard his voice, and ignoring his text and chat messages. In August or September 2018, Philbert announced to E-8 that he was traveling to Los Angeles on University business and asked her to join him. She declined. Several weeks later, Philbert told E-8 that people in the office thought she was his girlfriend. The comment made E-8 uncomfortable, and she asked Philbert to make sure there was no uncertainty on that topic in the office\u2014that she was not his girlfriend. E-8 described the comment to E-6, whom she considered her friend; but E-8 did not know, and E-6 did not disclose to her, that she was in a sexual relationship with Philbert at the time. E-6 began avoiding discussions about Philbert with E-8 so as not to reveal their relationship. 89 As noted above, the conversation between E-7 and Barry may be referenced in the anonymous letter sent to the President in January 2020. See infra Section III(F)(8). 52 The following spring, in April 2019, E-8 went on vacation with her family and sent a photo (that she was not in) to Philbert. He responded by text, as follows note \u2013 not a photo of you!!!\u201d He later said to her in person wanted to see your tan lines.\u201d E-8 had previously heard from E-6 that Philbert had made this request of E-7, as described above. In July 2019, Philbert exchanged text messages about E-8 and other female Provost\u2019s office staff with a staff member in the office.90 The text messages repeatedly refer to the physical appearance of female staff members. Among other things, Philbert asked the staff member to take and send photos of E-8 so that Philbert could look at them while he was out of the office. The staff member took at least two such photos and sent them to Philbert. Later that summer, E-8 received a text from Philbert reading, \u201cYou\u2019re on my mind.\u201d She confided in E-6 again about Philbert\u2019s conduct. E-6 remembered reading the message and realizing that Philbert had sent her an identical one\u2014\u201cyou\u2019re on my mind\u201d\u2014at the same time. Soon thereafter, by September 2019, E-6\u2019s sexual relationship with Philbert ended. 5. Philbert Initiates a Sexual Relationship with E-9 Philbert also developed a friendship with another staff member in the Provost\u2019s office (hereinafter \u201cE-9\u201d) soon after becoming Provost. In the spring of 2018, Philbert began interacting more with E-9 and asking her about personal topics. She believed this was an effort to make her see him as a friend rather than as a boss. They began exchanging jokes and photos over text and eventually progressed to more personal messages. In July 2018, while Philbert was away on vacation, he texted E-9 that he missed her. The following month, while E-9 was away on vacation, Philbert again texted that he missed her. Later that summer, when they were both back in the office, Philbert began making sexually suggestive comments to E-9, including about her appearance. E-9 told us Philbert\u2019s hugs became more \u201cintense.\u201d She told us that, in September, he texted her, \u201cI\u2019m in this boring meeting and something is jiggling in my pants for you and it\u2019s not sand.\u201d In October 2018, E-9 and Philbert kissed for the first time, in the Provost\u2019s office. They met almost every morning after that\u2014throughout October and November\u2014to kiss. In late December, they had sex for the first time, in Philbert\u2019s office. Their sexual relationship continued through the spring of 2019 and included sexual relations almost every day in Philbert\u2019s Provost\u2019s office and once at Philbert\u2019s house. E-9 told us that Philbert asked her to perform sexual acts in the office during the workday and also asked to take intimate photos of her at work. In the spring of 2019, as she became increasingly uncomfortable with these interactions, E-9 started dressing in ways that made sexual relations less feasible (e.g., wearing tights under her clothing). E-9 said she also began asking 90 The staff member was surprised by Philbert\u2019s informal tone, his use of sexual innuendo, and his comments about women in the Provost\u2019s office. The staff member described being apprehensive about Philbert\u2019s behavior but eventually following Philbert\u2019s lead. 53 that Philbert commit more to their relationship, which she told us made Philbert increasingly hostile toward her. E-9 told us that April 2019 marked a change in her relationship with Philbert, as Philbert started \u201cturning\u201d on her. On one occasion, E-9 raised a work-related issue with Philbert while he was meeting with another Provost\u2019s office employee. E-9 told us that later that day Philbert said to her privately, \u201cYou will never disrespect me again. Are you done with me? Done with your job? Because can make both happen can make you disappear from both know we\u2019re in a relationship, but am your boss. You may never speak to me like that again.\u201d Philbert and E-9 nevertheless continued to have sexual relations through at least May 2019, when their relationship ended. Throughout the summer of 2019, Philbert talked about moving E-9 out of the Provost\u2019s office. E-9 told us about a conversation from June or July 2019 in which she asked him, \u201cWhat if just come forward [about the relationship]?\u201d Philbert responded that it would be her word against his, and that he was more powerful. He also told her, \u201cIf you ever tell anyone about us will make sure you go down will destroy your career.\u201d 6. The President Receives His April 2019 Administration Evaluation Committee (\u201cAEC\u201d) Survey, Which Contains Allegations about Philbert The Administration Evaluation Committee is a committee of the University\u2019s Faculty Senate that supports the evaluation of senior administrators by the faculty through the annual administration of a survey. The survey is open to all University faculty and provides an opportunity for anonymous reviews of individual executives. The aggregated statistical results for each official are posted publicly on the website. Anonymous written comments are sent exclusively to each executive reviewed. No record of the written comments is retained by the University. On April 30, 2019, President Schlissel received the results of the for himself. President Schlissel gave us access to his email for the entirety of his time at the University. We found the 2019 survey in his email. The written comments on the President from the 2019 survey run some 27 pages. We found the following comment on page 15: Re: your administrative appointments: Martin Philbert was/is a notorious sexual predator, physically cornering and emotionally coercing his female graduate students in his toxicology lab am appalled that he has become provost, especially since heard that he had a harassment case settled during his time here. Settling and NDAs have become a commonplace only recently revealed in their scope for silencing victims and preventing others [sic] victims of assault and harassment from coming forward. If my own case were not beyond the statute of limitations would have come forward when he was appointed in 2017 certainly consulted local discrimination attorneys, Walker and Blanchard. Instead, every time am asked to fill out his evaluation get a little and end up writing a note to him and to you hope someday his many, many crimes against women will be revealed. Thanks for listening. 54 President Schlissel told us that he had no recollection of reviewing the written comments, including the comment quoted immediately above. The metadata associated with the email does not indicate whether it was ever reviewed; it does show that the email was never forwarded. We found no reference to the comment in any of the President\u2019s email, and no University official with whom we spoke was aware of it. President Schlissel told us that, had he read the comment, he would have routed it to given its specificity. Philbert received the results of his 2019 survey that same day, April 30. The confidential narrative included this comment hope someday your crimes against the women who have worked for you are revealed.\u201d Philbert read the comment at the time. He showed it to a few members of his staff\u2014who described him as furious and panicked\u2014and he wanted to know who had submitted it. E-6 recalled Philbert calling her and reading the comment to her; she asked him if he was accusing her of submitting the comment. Philbert\u2019s 2018 Survey, which he received on April 25, 2018, contained a similar comment have encountered you in the past personally, at which time you sexually harassed me and attempted to sexually assault a colleague. We were under you in the strict university hierarchy and said nothing. In this #metoo moment feel particularly angry to see that you've risen so far and continue to treat those below you like objects.\u201d There is reason to believe that the author also submitted a comment on the President\u2019s 2018 Survey. But email records indicate that the President never received those survey results, and, when he inquired about them a few weeks after they should have been sent to him, the University had already deleted them. The President therefore never received the 2018 comment, and it was no longer available at the time of our investigation. We identified and met with the person who wrote all of the comments. The author, who had experienced misconduct, told us she submitted the comments to Philbert and the President to voice her anger at Philbert\u2019s promotion to Provost. 7. Philbert Initiates a Sexual Relationship with E-10 As Philbert\u2019s sexual relationships with E-9 and E-6 were coming to an end in the spring and summer of 2019, he began interacting more with an employee with whom he had continued to be friendly after he became Provost (hereinafter \u201cE-10\u201d). Communications between Philbert and E-10 became more personal over the summer of 2019. In the course of their conversations and text messages\u2014which they exchanged on an encrypted version of WhatsApp\u2014Philbert told E-10 that he had feelings for her that went beyond their professional relationship. In late August 2019, Philbert and E-10 kissed for the first time, in the Provost\u2019s office. Philbert and E-10 saw each other regularly throughout September 2019. E-10 told us that, around the middle of that month, Philbert suggested they move their electronic communications to Signal. In October 2019, they had sexual relations for the first time. During their relationship, they spent time together in hotels and at each other\u2019s houses. Like E-6 and E- 9, E-10 told us that Philbert pressed her to send him explicit photos of herself. She eventually did so. E-10 told us that, in early January 2020, shortly before Philbert left on a University trip 55 to South Africa, Philbert took explicit photos of her without her consent. E-10 asked Philbert to delete the images, but he refused to do so. The relationship ended in January 2020 while Philbert was in South Africa. 8. The President Receives an Anonymous Letter about Philbert\u2019s Conduct On the morning of January 16, 2020, while Philbert was in South Africa, he sent text messages to E-6 have ruined lives and trust. In every conceivable way.\u201d And have to work on myself. Understand my crap. And then work the steps with everyone who has supported me. Family, you, the university, people who thought was something am not.\u201d Philbert then sent E-10 a text message, in which he told her that E-6 knew about their relationship. He assured E-10 that she was not one of many women in his life. That same morning, Philbert texted E-3 to ask if she was okay and called E-9 to ask if she had told anyone about their relationship. The next day, on January 17, the President\u2019s office received an anonymous letter about Philbert. It begins, in part am writing on behalf of a group of women who have recently connected . . . to corroborate and share our stories of emotional and sexual abuse perpetrated on us within your University by your provost Martin Philbert over the past 20 years. These offenses were made possible through his positions as faculty member, mentor, dean and provost. While each story has some nuance, they all include the same pattern and progression, which begins with persistent and inappropriate sexual comments in the workplace, and for those selected as victims, progresses to a grooming period with nearly identical tactics, songs, phrases, text messages, pictures, etc ... shared with the victims to engender a sense of closeness and trust. The following day, the University retained us to conduct this investigation. 56 IV. Analysis Our task was to investigate (1) Philbert\u2019s conduct and whether such conduct violated University policies in effect at the time of such conduct; and (2) what information the University received regarding Philbert\u2019s conduct during his employment by the University and what action, if any, the University took in response to that information. We take each of these questions in turn. A. Analysis: Philbert\u2019s Conduct In the course of our investigation, Philbert voluntarily retired from the University, effective June 30, 2020, and relinquished tenure. Although Philbert is no longer subject to discipline or termination by the University, we found significant evidence that Philbert engaged in conduct that violated the University\u2019s Sexual Harassment policy, Standard Practice Guide (\u201cSPG\u201d) 201.89-0, Sexual Harassment, which prohibits sexual harassment by employees. At all times during Philbert\u2019s employment, the Sexual Harassment policy prohibited unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature where: \uf0b7 submission to such conduct is made either explicitly or implicitly a term or condition of an individual\u2019s employment, education, living environment, or participation in a University activity; \uf0b7 submission to or rejection of such conduct by an individual is used as the basis for or a factor in decisions affecting that individual\u2019s employment, education, living environment, or participation in a University activity; or \uf0b7 such conduct has the purpose or effect of unreasonably interfering with an individual\u2019s employment or educational performance or creating an intimidating, hostile, offensive, or abusive environment for that individual\u2019s employment, education, living environment, or participation in a University activity. 91 The Sexual Harassment policy also makes clear, as it did throughout the course of Philbert\u2019s employment, that the University will take steps to ensure that a person who reports, complains about, or participates in an investigation of a sexual harassment allegation is not subjected to retaliation. We also found significant evidence that Philbert\u2019s conduct violated other University policies, including 201.23, Nepotism, which (1) prohibits, in part, favoritism toward or discrimination against any individual in conditions of employment based upon that individual having a 91 The policy was revised twice during Philbert\u2019s employment\u2014once in 2009, and once in 2011\u2014but the policy\u2019s underlying prohibitions did not materially change. 57 close personal relationship with another University employee, and (2) requires that a \u201cmanagement plan\u201d that mitigates conflicts of interest be devised and approved by relevant University officials where an employee is in a close personal relationship with another employee under their supervision or control 201.96, Professional Standards for Faculty, which was issued in 2013 and prohibits behaviors that have the purpose or effect of (1) unreasonably interfering with an individual\u2019s employment or educational performance, and/or (2) creating an intimidating, hostile, offensive or abusive climate for an individual\u2019s employment, academic pursuits, living environment, or participation in a University activity. * * * As discussed in Section III, Philbert engaged in the following conduct toward subordinate employees and student-employees under his supervision at various points: unwanted sexual comments (including sexual jokes and comments about the physical appearance of female staff members, both in person and through electronic means); unwanted personal attention (including through uninvited personal interaction and other communications); and unwanted physical and sexual advances (including touching, hugging, kissing, and other sexual activity). He also pressured at least one subordinate employee to engage in sexual acts in University offices. In addition, a number of the women who experienced such conduct witnessed or became aware of similar conduct that Philbert directed at other women in the office. Multiple women who were subjected to such conduct told us that they made efforts to avoid Philbert at work woman told us that she quit her job at least in part because of Philbert\u2019s conduct. Some of the women with whom Philbert had a sexual relationship told us that he made implicit or explicit threats of retaliation if they told others about the relationship. And several women indicated that they feared adverse professional consequences after their relationship with Philbert ended. In sum, we found significant evidence that, over the course of more than fifteen years, Philbert engaged in sexually harassing behavior toward numerous University employees and student employees, and that he engaged in multiple sexual relationships with subordinate employees. We found that this conduct, at various points in time, had a significant impact on the employment and/or academic experience of several University employees and students and created an intimidating, hostile, offensive, and abusive environment. 58 B. Analysis: University\u2019s Knowledge and Response We also investigated what information the University received related to Philbert\u2019s conduct and how the University responded to such information. As set forth below, we found that the University received information about Philbert\u2019s conduct at various times over the course of more than fifteen years, including during key periods when he was under consideration and later selected for senior positions within the University. During the entire period that Philbert was a University employee, the University had legal obligations to respond to sexual misconduct complaints against employees, both as an employer and as an institution of higher education that received federal financial assistance. We therefore begin this section with an overview of the legal and policy landscape governing the University\u2019s response to sexual misconduct, including a brief summary of how the landscape changed over time. 1. University Obligation to Respond to Sexual Misconduct Complaints As noted above, the University\u2019s Sexual Harassment policy, which was in effect throughout Philbert\u2019s employment, prohibits sexual harassment by employees and retaliation against persons who report, complain about, or participate in investigations of sexual harassment. Since 2009, the policy has provided that individuals can file a complaint about an employee\u2019s harassing or retaliatory behavior by contacting a University official (such as a supervisor, dean, director or department head), OIE, the appropriate Human Resources office, the Dean of Students (for students), the Dean\u2019s Office of the Horace H. Rackham Graduate School (for graduate students), the Center for the Education of Women, or the Department of Public Safety.92 has been responsible for reviewing and investigating complaints against employees under the Sexual Harassment policy since about 2004.93 Since 2009, the Sexual Harassment policy and its accompanying procedures have made clear that \u201cmust be advised of all reported incidents of sexual harassment,\u201d and that is responsible for \u201cdetermin[ing] the most effective method of investigating\u201d concerns raised by a complainant.94 The policy thus reflects an expectation that officials and offices designated by the University to receive reports of sexual 92 Prior to 2009, the policy provided routes for raising \u201cformal charges\u201d of harassment (i.e., through a \u201cdean or director\u201d or a designated University office). 93 Immediately before OIE\u2019s creation, Academic HR, which is responsible for faculty human resources issues, investigated sexual harassment complaints against faculty. 94 201.89-0 (2011 201.89-0 (2009); The University of Michigan Procedural Guidelines for Handling Discrimination and Harassment Complaints, available at (last visited July 31, 2020); The University of Michigan Procedural Guidelines for Handling Discrimination and Harassment Complaints (2009). The previous policy, which was issued in 1993, did not reference (which did not exist in 1993), and thus did not describe OIE\u2019s role in investigating complaints under the policy. 59 harassment against employees will route those reports to OIE, which will then determine how to investigate them. As noted in the Sexual Harassment policy, sexual harassment by employees is prohibited by Title of the 1964 Civil Rights Act, Title of the Educational Amendments of 1972, and Michigan\u2019s Elliott-Larsen Civil Rights Act. Title VII. Title prohibits employment discrimination based on race, color, religion, sex, and national origin. As relevant here, Title prohibits quid pro quo sexual harassment and hostile environment sexual harassment (i.e., conduct that interferes with an employee\u2019s work performance and creates an objectively intimidating, hostile, or offensive work environment), as well as retaliation against any employee who opposes a practice made unlawful by Title VII.95 These prohibitions were in effect throughout Philbert\u2019s employment. Under Title VII, an employer must take reasonable care to prevent and correct sexual harassment, including by ensuring that supervisors and managers understand their responsibilities to address or report complaints of harassment to appropriate officials.96 Where an employee asks his or her employer to keep a complaint confidential or take no action, the employer nevertheless must determine whether it has a duty to investigate the conduct in order to \u201cdischarge its duty to prevent and correct harassment.\u201d97 Title IX. Title prohibits discrimination on the basis of sex in education programs or activities that receive federal financial assistance. Sexual harassment (either quid pro quo sexual harassment or hostile environment sexual harassment) is a form of sex discrimination prohibited by Title IX. The Department of Education Office for Civil Rights (\u201cOCR\u201d) has issued several guidance documents over the last two decades to delineate a school\u2019s obligations in this area.98 In 1997 and again in 2001 issued guidance discussing a school\u2019s obligation under Title to take immediate and corrective action when the school has actual or constructive notice that a student has been sexually harassed by an employee, another student, or a third party, 95 Title VII, Civil Rights Act of 1964, 42 U.S.C. \u00a7 2002e-2 COMM\u2019N, EEOC-CVG-1999-2 (1999). 96 COMM\u2019N, EEOC-CVG-1999-2 (1999). 97 Id. 98 As described in this section, OCR\u2019s guidance has changed significantly over the years, and in ways that have sometimes led to confusion among colleges and universities seeking to follow it. 60 even when a student does not use the school\u2019s existing grievance procedures.99 In the guidance explained that schools have notice of harassment when an \u201cagent or responsible employee\u201d has notice also provided examples of constructive notice that trigger Title obligations\u2014including where \u201cknown incidents [of harassment] should have triggered an investigation that would have led to a discovery of the additional incidents.\u201d100 The guidance defined the term \u201cresponsible employee\u201d to include any employee who \u201chas the duty to report to appropriate school officials sexual harassment\u201d or who \u201ca student could reasonably believe\u201d had that responsibility.101 The guidance further provided that schools should take steps to prevent retaliation against individuals who experience harassment and others who report or provide information about harassment. The guidance also addressed how a school should proceed if a student reporting harassment requested confidentiality or that the school not take action. Specifically, the guidance explained that, in such a case, a school \u201cshould take all reasonable steps to investigate and respond to the complaint consistent with the student\u2019s request as long as doing so does not prevent the school from responding effectively to the harassment and preventing harassment of other students.\u201d102 The guidance noted that, when only one student raised a harassment complaint and asked that his or her name not be revealed would not expect disciplinary action against an alleged harasser.\u201d103 The guidance further explained, however, that a complainant\u2019s request for confidentiality should be weighed against the school\u2019s obligation to (1) provide a safe and nondiscriminatory environment for its students and (2) fulfill its obligations of fundamental fairness requiring notice of allegations to the respondent.104 The guidance set forth a number of factors to be considered in making this determination\u2014including, for example, the 99 OCR\u2019s 1997 guidance stated that it did not address sexual harassment of employees, even though that conduct may be prohibited by Title IX, and that sexual harassment against employees should be evaluated under case law applicable to sexual harassment claims under Title (1997). OCR\u2019s subsequent guidance similarly focused on sexual harassment of students (2001). The new Title regulations issued in May 2020, which are effective August 14, 2020, make clear that the Department of Education may enforce Title and its requirements with respect to complaints by employees. Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 80 Fed. Reg. 30,026 (May 19, 2020) (to be codified at 34 C.F.R. \u00a7 106. 100 (1997). 101 PARTIES, 13 (2001). 102 Id. at 17. 103 Id. 104 Id. 61 seriousness of the conduct and whether there have been other complaints or reports of harassment against the alleged harasser.105 decade later, in 2011 issued a \u201cDear Colleague Letter,\u201d which supplemented its 1997 and 2001 guidance by providing detailed instructions for investigating and adjudicating sexual harassment complaints.106 The Dear Colleague Letter focused on sexual harassment by students and referred to OCR\u2019s earlier guidance for information about employee harassment of students. In 2014 issued guidance expanding on the Dear Colleague Letter, which again focused on student-on-student sexual harassment but noted that Title prohibits sexual harassment of students by employees.107 Both the 2011 and 2014 guidance made clear that schools would be held accountable for failures to take immediate and appropriate steps to investigate suspected misconduct. The guidance also reiterated OCR\u2019s earlier guidance, described above, that a school should take a range of factors into account when considering a complainant\u2019s request for confidentiality.108 In response to the 2011 Dear Colleague Letter, the University of Michigan\u2014along with colleges and universities across the country\u2014significantly revised its policies and procedures addressing sexual misconduct complaints against students, including in 2013 and 2016.109 And in 2011, the University shifted responsibility for investigating complaints against students to OIE. Until that time had investigated harassment complaints against employees only. As enhanced its procedures for responding to complaints against students, it imported some of those same enhancements into its procedures for responding to complaints against employees. State Law. The University has had (and still has) similar obligations under state law. Since 1977, the Elliott-Larsen Civil Rights Act has prohibited discrimination on the basis of sex, including quid pro quo and hostile work environment sexual harassment, by state educational 105 Id. The guidance further noted that, by investigating a complaint to the extent possible, even when the complainant wished to remain anonymous, the school \u201cmay learn about or be able to confirm a pattern of harassment based on claims by different students that they were harassed by the same individual,\u201d thus allowing the school to put the alleged harasser on notice without revealing the identity of the original complainant. 106 (2011). 107 (2014). 108 VIOLENCE, 21\u201322 (2014). 109 In 2017 withdrew the 2011 and 2014 guidance and issued new interim guidance. As noted above, supra n.99, new Title regulations were released in May 2020 and are effective August 14, 2020. Although the new regulations include a number of changes to schools\u2019 obligations under Title IX, they do not change the guiding principle that schools will be held accountable for failing to adequately respond to sexual misconduct. 62 institutions.110 Much like Title and Title IX, the Elliott-Larsen Civil Rights Act requires an employer to investigate and take prompt and appropriate remedial action when it has notice of alleged sexual harassment.111 * * * In late 2017, the #MeToo movement garnered significant public attention and gained momentum on college and university campuses across the country. Building on advocacy catalyzed by OCR\u2019s 2011 Dear Colleague Letter and 2014 guidance, many students and student organizations called for greater accountability in schools\u2019 approaches to sexual misconduct. The movement has increased awareness of sexual misconduct\u2014and in turn has spurred an increase in sexual misconduct reporting112\u2014across many sectors, including in academia. In the sciences, in particular, there has been significant attention to the prevalence of sexual harassment in college and university settings. In 2018, a report by the National Academies of Sciences, Engineering, and Medicine documented pervasive sexual harassment of women in higher education\u2014particularly in fields\u2014and called on schools to take steps beyond compliance with Title and Title to prevent sexual harassment.113 Also since 2018, both the National Science Foundation and National Institutes of Health have taken measures intended to protect members of the research community from harassment, including by 110 Elliott-Larsen Civil Rights Act \u00a7\u00a7 37.2101\u201337.2804. Similarly, since November 2006, an amendment to the Michigan Constitution has prohibited discrimination on the basis of sex by public colleges and universities in the context of public education and public employment. MICH. CONST. Art. 1 \u00a7 26. 111 See, e.g., Radtke v. Everett, 501 N.W.2d 155, 168 (Mich. 1993). 112 See, e.g., Roee Levy, Martin Mattsson, Working Paper, The Effects of Social Movements: Evidence from #MeToo (Mar. 30, 2020), available at (analyzing effects of the #MeToo movement on reporting sexual crimes to law enforcement and concluding that, because increased reporting took place before any major changes to laws or policy, reporting increase can be attributed to changing social norms\u201d); Jamillah Bowman Williams, Lisa Singh, Naomi Mezey, #MeToo As Catalyst Glimpse Into 21 Century Activism, 2019 371, 385 (2019) (noting indications that more individuals are reporting sexual harassment through legal channels since the start of the #MeToo movement); Jamie D. Halper, In Wake of #MeToo, Harvard Title Office Saw 56 Percent Increase in Disclosures in 2018, Per Annual Report (Dec. 14, 2018), 113 See (2018); see also Action Collaborative on Preventing Sexual Harassment in Higher Education MED., sexual-harassment-in-higher-education (last visited Jul. 17, 2020). 63 requiring grantees to notify them if a principal investigator is removed for engaging in sexual harassment or other inappropriate conduct.114 This heightened awareness around sexual misconduct in higher education has led to an increased focus by many colleges and universities on efforts to promote a culture that does not tolerate sexual misconduct. Although schools\u2019 underlying legal obligations to respond to sexual harassment, including under Title and Title IX, have not changed, the #MeToo movement has profoundly increased interest in whether and how those obligations are being fulfilled.115 2. What the University Knew About Philbert We now analyze the various points in time at which the University received information related to Philbert\u2019s conduct toward women, and how the University responded to that information. a) 2003: Allegations Raised By Tom Komorowski116 In September 2003, Tom Komorowski, an employee in Philbert\u2019s lab, alleged that Philbert was in a close personal relationship with a female lab employee. He made the allegation in connection with a complaint that Philbert had terminated him because of his age. In the course of discussing his complaint with Jeff Frumkin, the Director of Academic HR, Komorowski also mentioned Philbert\u2019s conduct toward other lab employees. Specifically, notes from a subsequent meeting among Frumkin, an administrator, and two faculty members mention Philbert\u2019s \u201cboundary issues\u201d and refer to a female graduate student\u2014Jane Doe\u2014with the statement \u201cMartin showed up uninvited at home.\u201d The faculty member who later interviewed Philbert about his alleged relationship with the lab employee reported back to Frumkin that he \u201cdid not learn anything that would confirm the charges about a personal relationship with [the female lab employee].\u201d There is no evidence the University investigated Philbert\u2019s conduct toward any other woman in the lab or undertook to investigate whether or why he went to Jane Doe\u2019s home. Komorowski later sued the University over his termination. The complaint did not allege any relationship between Philbert and the female lab employee. Both Philbert and the lab employee were deposed, both denied any improper relationship, and no evidence of a relationship materialized. The litigation was settled about a year and a half after the complaint was filed, and Komorowski received a cash payment. Considering all the actions taken by the University during the initial investigation and the later litigation, we did not identify additional 114 Press Release, Nat\u2019l Sci. Found announces new measures to protect research community from harassment (Sept. 19, 2018), Press Release, Nat\u2019l Inst. of Health., Changing the culture of science to end sexual harassment (Sept. 17, 2018), harassment (last visited July 30, 2020). 115 See, e.g., Emma Pettit, The Next Wave of #MeToo EDUC. (Feb. 16, 2020), (last visited July 30, 2020). 116 For a full discussion of the facts, see supra Section III(A)(2). 64 steps that the University should have taken to investigate the relationship alleged by Komorowski. We learned in the course of our investigation that Jane Doe was one of several students who may have experienced sexual misconduct by Philbert while she worked in his lab. However, we did not find evidence that Komorowski reported any sexual misconduct by Philbert involving Jane Doe (or anyone else), or that the University developed evidence of such conduct in connection with the Komorowski matter. Indeed, the only information we identified on this point consists of the notes from the meeting among Frumkin, an administrator, and faculty members referring to Philbert \u201cshow[ing] up uninvited\u201d at Jane Doe\u2019s home; they do not state or imply that Philbert sexually harassed her. We therefore conclude that it was reasonable for the University not to initiate an investigation based on the limited information it had about Philbert and Jane Doe. b) 2005 Allegations117 In 2005, a graduate student and a research assistant, both of whom worked in Philbert\u2019s lab, separately told an professor (hereinafter \u201cthe Professor\u201d) that Philbert had kissed them; one of the women also said Philbert had made comments about having \u201ccaramel colored babies\u201d and \u201csomething about chocolate syrup sex.\u201d The Professor conveyed the information to Anthony Walesby, the Director, and several senior University officials, including Vice Provost Lori Pierce and Dean Ken Warner. Walesby contacted the two women; one cried and declined to provide further information; the other indicated a potential willingness to speak with Walesby but ultimately did not respond to his outreach.118 Walesby also contacted another graduate student, who had no first-hand experience of misconduct by Philbert but told Walesby that Philbert had a \u201cbad reputation\u201d among female students. This graduate student also reported that a fellow student had told her that Philbert had hugged her twice and said something to her about \u201csleep[ing] w/him if not married.\u201d Finally, Walesby contacted a male faculty member, who told him that there were rumors about Philbert\u2019s \u201cwomen\u2019s issues,\u201d but that he (the faculty member) did not know any details. 117 For a full factual discussion, see supra Section III(B)(1)-(6). 118 The second of these two women recalls meeting with and providing additional information. We were unable to find a record of that such a meeting. 65 The University did not open an investigation because the two potential complainants declined to file a formal complaint or to otherwise participate in an investigation. Walesby told us that without them, there was nothing on which to build an investigation.119 We conclude that the University should have taken further steps to investigate Philbert in 2005. Victims of sexual harassment are entitled to decide whether they want to participate in an investigation, and a complainant\u2019s decision not to provide information may limit the University\u2019s ability to investigate the conduct. Nevertheless, schools are obligated to take all reasonable steps to investigate sexual harassment reports, consistent with the victim\u2019s wishes not to participate, in order to provide a nondiscriminatory environment for students and employees.120 The University failed to take all reasonable steps in this instance had information from several individuals\u2014students and faculty\u2014about Philbert\u2019s conduct, including that he had kissed a graduate student and a research assistant from his lab without their consent. Moreover, the key reports were firsthand (by way of the Professor) and all four reports were consistent with each other. Indeed, Dean Warner told us he found the allegations sufficiently credible that he \u201cread [Philbert] the riot act.\u201d Philbert was a professor and principal investigator in his lab\u2014 he was therefore in a position to harass multiple students and employees. This heightened the importance of taking additional investigative steps to ensure that students and employees working with Philbert did so in a safe and nondiscriminatory environment had avenues of investigation available to it. To begin with could have attempted to interview other employees and students in Philbert\u2019s lab. There is no way to know whether such interviews would have uncovered other troubling conduct. But it is clear that\u2014in the absence of an investigation\u2014the University did not put itself in a position to know whether Philbert had sexually harassed students or employees. When the same allegations surfaced in 2010 during the Dean\u2019s search, University personnel mistakenly relied on the outcome of OIE\u2019s work in 2005 as though it had fully investigated the allegations. c) 2010 Dean\u2019s Selection121 During the 2010 Dean\u2019s search and selection process, members of the Dean\u2019s Search Advisory Committee, which selected Philbert as a finalist, and Provost Hanlon, who 119 Walesby told us that the decision to not investigate was a collective decision among himself, Frumkin, and OGC. In 2005 was the office responsible for responding to complaints of sexual harassment against employees. The University\u2019s Sexual Harassment policy did not reflect that, however; it had not been updated since 1993, and thus did not refer to (which was not created until about 2004). It was not until 2009 that the Sexual Harassment policy and its accompanying procedures were revised to make clear that was responsible for \u201cdetermin[ing] the most effective method of investigating\u201d complaints under the policy 201.89-0 (2009); The University of Michigan Procedural Guidelines for Handling Discrimination and Harassment Complaints (2009). 120 See, e.g (1997); Title VII, Civil Rights Act of 1964, 42 U.S.C. \u00a7 2002e-2. 121 For a full discussion of the facts, see supra Section III(C). 66 recommended Philbert to be Dean of SPH, received several pieces of information about Philbert\u2019s conduct toward women that raised red flags. The information included the following: 2005 Allegations. Paula Lantz, the Chair of the Search Committee, learned of the 2005 allegations against Philbert from a Committee member who had heard them from an faculty member. Lantz told us that she contacted Dean Warner, and he informed her that an \u201cinvestigation\u201d in 2005 had not substantiated any wrongdoing. He also told her that he had counseled Philbert. We found no evidence that Lantz received any other information about the 2005 allegations. In an email to the Committee member who had learned of the allegations, Lantz stated: \u201cNo wrong-doing was revealed after what was described to me as an \u2018intense investigation.\u2019 As such, there is no record of inappropriate behavior and no formal grievance was ever filed.\u201d In the same email, Lantz stated that she did not want to inform the full Committee about the 2005 allegations \u201cas a specific instance because the investigation revealed no wrongdoing.\u201d Lantz told the Committee member, \u201cYou, of course, are free to bring it up if you don\u2019t agree with my perspective.\u201d122 It does not appear that the full Committee ever learned of the specific allegations that had been reported to in 2005. However, Lantz did share what she had learned about the 2005 allegations with the Provost\u2019s office. Hanlon had more information about the 2005 allegations than Lantz. After he learned about the allegations, his calendar shows that he met with Dean Warner \u201cre search.\u201d123 Hanlon later received an email summary prepared by Walesby (who was still Director of OIE) about the allegations. Walesby\u2019s summary stated that two women had reported to an professor that Philbert had kissed them; that one of the women reported that Philbert had made comments to her about having \u201ccaramel colored babies\u201d and \u201csomething about chocolate syrup sex\u201d; and that the other said \u201cPhilbert was a \u2018bad man\u2019 who did \u2018bad stuff.\u2019\u201d124 Hanlon later met with Walesby to discuss the allegations.125 Hanlon emailed University President Mary Sue Coleman to inform her about the 2005 allegations.126 He described the allegations and stated that \u201chad no evidence apart from rumor and the matter was resolved with the Dean having a frank discussion with Martin.\u201d Hanlon further stated that \u201c[t]he search committee was aware of these allegations and the investigation but felt that was in the past and that Martin had learned his lesson.\u201d 122 Lantz noted in the email that \u201cthe general issue of gender and behavior, demeanor and baggage from prior interactions does need to be addressed[.]\u201d 123 Neither Hanlon nor Warner recalled this meeting. 124 Pierce also received Walesby\u2019s summary of the 2005 allegations. We found no evidence that Lantz received the summary. 125 Neither Hanlon nor Walesby recalled this meeting, but email correspondence shows that they met and discussed the allegations. 126 Coleman did not recall this email or being aware of any allegations regarding Philbert\u2019s conduct. 67 Other Conduct. Lantz, members of the Search Committee, and/or Hanlon learned of other allegations and information regarding Philbert\u2019s conduct toward women: \uf0b7 Hanlon learned about the Komorowski litigation and met with attorney Dave Masson to learn more about the lawsuit. (We found no evidence that Lantz or the Committee knew about the Komorowski lawsuit.) \uf0b7 One of the Committee\u2019s graduate student representatives raised concerns about a comment Philbert had made to students, and Lantz encouraged her to share her experience with the full Committee. The student representative informed the Committee that, in 2006 or 2007, Philbert had stated in class that women have high rates of urinary tract infections because \u201cthe playground and the trash heap are too close together.\u201d (Our investigation did not establish that Hanlon learned about this specific comment.) \uf0b7 The Committee received the results of a confidential survey regarding Philbert, in which one comment\u2014written by a survey participant who described herself as having interacted with Philbert while he was a \u201ca professor in class, in his role as associate dean, and as a colleague\u201d\u2014referred to Philbert\u2019s \u201cinappropriate comments and behaviors with respect to female students, staff, and faculty.\u201d The participant stated was subject to inappropriate and unwanted sexual comments and suggestions felt threatened\u2014not physically but in terms of my job security given his senior status and as my associate dean for academics and research.\u201d No Committee members, other than Lantz, recalled reviewing the comment or discussing it in Committee deliberations (or otherwise).127 Hanlon had access to the survey results through an online system but told us he does not recall reviewing the comment, and we could not determine if he did. \uf0b7 The Committee developed a one-page summary on each of the finalists, including Philbert, and it used those summaries in discussing the candidates with Hanlon. The summary for Philbert referred to \u201cperceived inappropriate behavior, especially with females\u201d and noted that Philbert had \u201creceived pointed feedback/warnings regarding this behavior when he became a senior associate dean 5 years ago.\u201d The summary further stated that there was \u201cno evidence that this is an ongoing or current problem [but] rumors and negative feelings among some members of the community linger.\u201d The summary did not specifically reference the 2005 allegations. We reach the following conclusions regarding the actions of relevant University personnel in response to the information described above: 127 There is reason to believe that at least some members of the Committee were aware of the comment. Lantz wrote an email to a Committee member while the Dean\u2019s search was underway; the email described Philbert\u2019s issue with gender and behavior, and also said that \u201cit does come up in the feedback comments.\u201d 68 Committee Chair. Lantz\u2019s knowledge of the 2005 allegations was limited. She received information from a Committee member about the allegations and then met with Dean Warner. According to Lantz, Warner said the allegations had been investigated and were not substantiated. Lantz did not receive the email summary prepared by Walesby (or any other information) regarding the allegations. Lantz shared what she knew about the 2005 allegations with the Provost\u2019s office. But she did not inform the full Committee about the specific allegations reported to Walesby in 2005 because, as noted above, she understood, albeit incorrectly, that they had been investigated and the investigation had \u201crevealed no wrongdoing.\u201d128 Given the information before her, we believe Lantz exercised reasonable judgment in choosing not to raise the 2005 allegations with the full Committee.129 We believe that Lantz (or anyone else on the Committee) should have forwarded the confidential survey results received by the Committee\u2014specifically, the comment that Philbert had subjected a survey participant to \u201cinappropriate and unwanted sexual comments and suggestions\u201d\u2014to OIE.130 From the vantage point of the Committee, the comment was a specific and previously unreported allegation of misconduct by a faculty member. The University\u2019s Sexual Harassment policy provided, at that time, that \u201cmust be advised of all reported incidents of sexual harassment,\u201d and it was OIE\u2019s responsibility to investigate such reports.131 But could not investigate reports that were not brought to its attention. And in this instance, the faculty member was a candidate for a senior leadership position\u2014making it that much more important for the information to have been reported to OIE. Provost Hanlon. As described above, Hanlon had more information than the Committee regarding Philbert\u2019s conduct\u2014including about both the Komorowski litigation and the 2005 allegations. And, with the possible exception of Philbert\u2019s alleged classroom comment, Hanlon received or had access to the all of the information collected by the Committee regarding Philbert\u2019s conduct. This included the Committee\u2019s summary noting Philbert\u2019s \u201cperceived inappropriate behavior, especially with females,\u201d and the confidential survey results containing a comment about his \u201cinappropriate comments and behaviors\u201d toward women. Hanlon has no recollection of having read the survey comment, and we did not find any evidence to suggest that he did. We did find that he had access to the comment. Had Hanlon reviewed the comment, we reach the same conclusion that we reach above with respect to the 128 There is evidence, however, that the Committee discussed more general examples of Philbert\u2019s conduct toward women from the same time period, as a one-page summary on Philbert stated, \u201cMartin received pointed feedback/warnings \u2026 5 years ago. All of the examples and reports of inappropriate behavior appear to be at least 5 years old.\u201d 129 Lantz also told the Committee member who was aware of the 2005 allegations that she was \u201cfree to bring [the allegations] up\u201d to the full Committee. (Lantz had previously encouraged the Committee\u2019s graduate student representative to share with the full Committee her concerns about Philbert\u2019s comments.) 130 Lantz should also have alerted Hanlon to the comment because Hanlon was responsible for deciding who would be the next dean. We could not establish whether Lantz did so. 131 201.89-0 (2009). 69 Committee: Hanlon should have provided the information to for such further action as it considered appropriate. We asked Hanlon about his consideration of the 2005 allegations during the 2010 Dean\u2019s search. He told us that it was apparent from the documents we showed him132 that the allegations \u201cwere taken seriously . . . There was an independent investigation by Walesby . . . [who] concluded that no further investigation by was necessary and that Dean Warner would speak to Professor Philbert as follow up.\u201d At the time of the Dean\u2019s search, in Hanlon\u2019s email to Coleman, he wrote that \u201cAnthony Walesby investigated133 \u2026 [and] [i]n the end, [Walesby] had no evidence apart from rumor and the matter was resolved with the Dean having a frank discussion with [Philbert].\u201d134 To be sure, Hanlon did not dismiss the information he received about Philbert\u2019s conduct. He met with Walesby about the 2005 allegations, and he met with about the Komorowski lawsuit. He also asked Vice Provost Lori Pierce to make what he described to us as \u201creference calls\u201d to women in SPH. Pierce recalled that her task was to contact female graduate students and faculty to learn of any concerns about Philbert. And staff in the Provost\u2019s office obtained contact information for the students who had witnessed or been subjected to Philbert\u2019s alleged misconduct in 2005\u2014fact-gathering that staff told us would have been part of Hanlon\u2019s \u201cdue diligence.\u201d135 Hanlon himself made reference calls to at least six faculty and administrators.136 Hanlon was entitled to rely on the results of OIE\u2019s work. But the record shows that never conducted an investigation of the 2005 allegations. Hanlon\u2019s reliance on was 132 In the course of interviewing Hanlon, we showed him emails that he received and sent while the Dean\u2019s search was underway. The emails included the summary of the 2005 allegations prepared by Walesby, which Hanlon received on October 18, 2010. 133 Hanlon told us that he trusted Walesby and found him to be thorough, professional, and a person of high integrity. 134 There is tension among (a) Hanlon\u2019s understanding of OIE\u2019s efforts in 2005 (i.e., that there was an \u201cinvestigation\u201d and that had \u201cno evidence apart from rumor\u201d), (b) the written summary of the 2005 allegations prepared by Walesby in 2010 (i.e., that had determined not to conduct an investigation), and (c) the fact that Dean Warner addressed the 2005 allegations in a frank discussion with Philbert at the time (which Dean Warner did because he found the allegations credible and assumed the conduct happened). However, we do not have a complete record about the information Hanlon received. For instance, Hanlon and Walesby met in person on October 19, prior to Hanlon emailing Coleman, and neither Hanlon nor Walesby recalled that meeting or how Walesby described his efforts to learn more in 2005. 135 Only one of the students identified in the staff member\u2019s email agreed to meet with us. She said that no one from the Provost\u2019s office (or any other University office) contacted her about Philbert\u2019s conduct during the 2010 Dean\u2019s search. 136 At least one of these individuals recalled telling Hanlon that he had heard rumors of Philbert\u2019s conduct toward women. 70 therefore either misplaced or based on a misunderstanding of what had done to get to the bottom of the allegations about Philbert that were raised at that time. And even assuming that Hanlon relied on OIE\u2019s work to conclude that the 2005 allegations were unsubstantiated, Hanlon had additional information about potential misconduct by Philbert (e.g., the Committee\u2019s summary noting Philbert\u2019s \u201cperceived inappropriate behavior, especially with females,\u201d and the survey comment about Philbert\u2019s \u201cinappropriate comments and behaviors\u201d toward women). Hanlon was also entitled to conduct due diligence about Philbert\u2019s conduct, and we find that he did that work carefully. But to the extent Hanlon believed that a closer look at the 2005 allegations was warranted\u2014particularly in order for him to reach a judgment as to whether Philbert was fit to serve as Dean of SPH\u2014he should have turned to trained investigators in OIE, the office responsible for reviewing and investigating sexual harassment allegations, to pursue that inquiry. President Coleman. Coleman does not recall the email about Philbert\u2019s candidacy that she received from Hanlon on October 20, 2010. She also does not recall being aware of any allegations regarding Philbert\u2019s conduct toward women. She told us that she would have relied on the judgment of Hanlon and Walesby, both of whose judgment she trusted. She also acknowledged that she\u2014and perhaps others who may have received this information regarding Philbert\u2014likely would not have given it the same weight in 2010 as they would today. We believe Coleman should have asked questions and pressed to gain a full understanding of the allegations about Philbert\u2019s conduct. Absent a complete record regarding any conversations between Coleman and Hanlon (or any other Senior Administrator), we are unable to reach any conclusions about whether she failed to do so. d) 2013 Tuition Reimbursement137 In the fall of 2012, E-1\u2014one of the women who had raised allegations of sexual misconduct against Philbert in 2005\u2014re-enrolled in SPH. In the spring of 2013, she filed petitions requesting a tuition refund and transcript amendment based on emotional distress she was experiencing related to Philbert\u2019s alleged sexual harassment of her several years earlier. Walesby alerted several University officials, including then-Provost Hanlon, incoming Provost Martha Pollack, Director of Academic Jeff Frumkin, and Christine Gerdes, an attorney. He sent the group the same summary of the 2005 allegations that he had prepared in 2010 in connection with the Dean\u2019s selection process. Within the following month, the University granted both of E-1\u2019s petitions. While preparing her petitions, E-1 met with Walesby and in the course of the meeting, he attempted to learn more about her allegations. She declined to provide additional information. Walesby concluded that there were no specific allegations to move forward on. Walesby conferred with Vice Provost Pierce about whether he should inform Philbert about E-1\u2019s petitions, and discussed concerns about \u201cpossible retaliation if [Philbert] knew\u201d about the 137 For a full discussion of the facts, see supra Section III(D)(3). 71 petitions. Walesby later met with Philbert and, without sharing E-1\u2019s name, alerted him to the petitions. E-1\u2019s petitions were the third time in eight years that the 2005 allegations came to the attention of senior University administrators. Since E-1 provided no new information and the senior administrators who were briefed on the petition thought, albeit mistakenly, that E-1\u2019s allegations had been fully investigated by in 2005, it is understandable none of them thought to ask to investigate the allegations in 2013. e) 2017 Provost Selection138 President Schlissel. In 2017, President Schlissel recommended and the Board of Regents approved Philbert as University Provost. We found no evidence that information about Philbert\u2019s alleged misconduct reached the President in advance of Philbert\u2019s selection. During the summer of 2017\u2014after Philbert had been selected and announced as Provost, but before he had taken office \u2014President Schlissel learned of the Komorowski litigation. With the assistance of OGC, President Schlissel collected information about the litigation, including about the alleged relationship between Philbert and a female lab employee in 2003. President Schlissel learned that the facts, which came in large part from sworn deposition testimony, had not established the existence of a relationship. President Schlissel thus found no reason to reverse Philbert\u2019s appointment. We reached the same conclusion: The litigation record\u2014including the testimony of multiple witnesses\u2014included no evidence that Philbert had had a relationship with a female lab employee. We did not identify any additional evidence that the President or the University should have considered, or any further steps that should have been taken in response to the information President Schlissel learned. Provost Search Committee. We similarly found no evidence that information about Philbert\u2019s alleged misconduct reached the Provost Search Committee during its deliberations. Vice Provost Pierce was a member of the Provost Search Committee. Pierce learned of the allegations against Philbert in 2005 when she met with the Professor and directed her to report the information to OIE; she called women in about Philbert\u2019s conduct when allegations surfaced during the 2010 Dean\u2019s search; and she received information that the allegations were at issue in E-1\u2019s request for tuition reimbursement in 2013. Pierce did not mention the allegations to the Provost Search Committee or the President. She told us that she did not recall being asked, as a member of the Committee, whether she was aware of any allegations of misconduct against Philbert, and she simply \u201cdid not think about it.\u201d 138 For a full discussion of the facts, see supra Section III(E). 72 She explained that, to her recollection, \u201cthere had been no evidence to support\u201d the allegations139 and it was not an established \u201cdata point,\u201d \u201cso it was just gone from [her] mind.\u201d There is no evidence that information about Philbert\u2019s conduct came to Pierce\u2019s attention after 2013.140 And we did not find evidence of the Provost Search Committee seeking such information, either in paper form or verbally, from Committee members. Considering the totality of the evidence, we credited Pierce\u2019s statement that she did not think about the 2005 allegations while participating in the Committee\u2019s work. We recognize that, as a general matter, prior unsubstantiated allegations of misconduct should not be considered in the University\u2019s selection processes and other personnel decisions. And, to be sure, Philbert had never been found to have violated University policy or engaged in other misconduct. However, in light of the nature of the 2005 allegations (e.g., unwanted kissing and a proposition for sex)\u2014which then surfaced again in 2013 when one of the women, E-1, requested a tuition reimbursement (which the University granted)\u2014we believe that had Pierce recalled the allegations, it would have been appropriate for her to raise them with the Committee or with President Schlissel for consideration. This is particularly so in light of the senior leadership position for which Philbert was being considered. If President Schlissel had received that information, he would have been in a position\u2014as Hanlon was in 2010\u2014to conduct additional diligence regarding Philbert\u2019s conduct before making a decision on Philbert\u2019s candidacy for Provost. f) Other Information Received by the President\u2019s Office Information Received by the Special Counsel to the President. In the fall of 2017, E-7, an employee, met with Liz Barry, the Special Counsel to the President, to discuss a position E- 7 was considering in the Provost\u2019s office. E-7 recalled expressing some hesitation about working for Philbert and \u201cinsinuate[ing] something around Me Too.\u201d She also may have said that Philbert \u201cneeds to be careful that people do not perceive what he says as inappropriate.\u201d Barry told us about a conversation in which E-7 referred to Philbert having \u201cissues with women\u201d and stated that part of her job would be to \u201ccoach\u201d him on interactions with women. Barry told us that she understood the issue to be Philbert\u2019s management style, in part because she did not associate the term \u201ccoaching\u201d with sexual misconduct. We reviewed all emails between Barry and E-7 for a seven-month period after September 1, 2017 (the day Philbert started as Provost) and found no references to sexual misconduct or other improper behavior by Philbert. We do not find that Barry received a report of sexual misconduct, or that there were any further steps that she could reasonably have been expected to take in response to what E-7 told her. 139 As discussed above, based on our analysis of the entire record, we disagree that there was no evidence to support the allegations. 140 We reviewed the entirety of Pierce\u2019s available email for references to Philbert and potential misconduct; we found none after 2013. 73 President Schlissel\u2019s 2019 Survey. On April 30, 2019, President Schlissel received his 2019 survey results. The anonymous narrative comments included allegations that Philbert was a \u201csexual predator.\u201d The University has established channels, including anonymous channels, for reporting sexual misconduct. The survey is not a reporting channel. However, the survey is a way for faculty to make statements to senior officials, and the premise of the upward evaluation process is that the official being reviewed will receive and read those statements. 141 President Schlissel has no recollection of having read the comment. We did not find that President Schlissel (or anyone else in the President\u2019s office) had knowledge of the comment in the 2019 survey regarding Philbert. We did find that, as of April 2019, he had access to that comment. Based on the nature of the survey, while the President was not required to read it, we understand he may have been expected to read it. President Schlissel acknowledged that had he reviewed the comment, he would have routed it to OIE. In light of OIE\u2019s responsibility for reviewing and investigating sexual harassment complaints, we believe that would have been the correct course of action. g) Reports to Other University Employees The events described above are the most significant instances in which University officials learned of information or allegations regarding Philbert\u2019s conduct toward women. However, we identified other instances where other University personnel received similar information regarding Philbert. In two of these instances, the employees who received the information were in supervisory roles: \uf0b7 In either 2010 or 2011, a staff member in the Dean\u2019s office told her supervisor that Philbert\u2019s comments had \u201ccrossed the line.\u201d142 The staff member recalled describing Philbert\u2019s comment that her breasts felt good against his chest during a hug. The staff member specifically asked the supervisor not to file an official report. The supervisor told us that she made a written record of the conversation and stored it in the staff member\u2019s personnel file.143 \uf0b7 In 2018, an staff member, E-7, discussed Philbert\u2019s conduct with E-6, who held a supervisory role in SPH.144 Specifically, E-7 described Philbert\u2019s comment that he 141 We found two emails generally related to this issue. First sends an email to recipients stating, \u201cHow you treat the message and its confidential and anonymous content is up to you.\u201d Second, President Schlissel also sent an email on April 1, 2019 stating also want to encourage all administrators being evaluated to take the feedback received from the faculty survey seriously, as it provides an important perspective on the work of the university.\u201d 142 For a full discussion of the facts, see supra Section III(B)(7). 143 The supervisor\u2019s practice would have been to inform her own supervisor\u2014an associate dean\u2014but she could not recall specifically whether she had done so, and the associate dean did not recall having been told about the report. 144 For a full discussion of the facts, see supra Section III(F)(3). 74 wanted to see below E-7\u2019s tan lines. E-7 mentioned that she had met with Liz Barry, the Special Counsel to the President. E-6 concluded that she need not report the information to because E-7 did not feel professionally disadvantaged by Philbert\u2019s comments, and because E-6 assumed that the President\u2019s office was aware of the comments.145 In both cases, these employees, because of their roles, were designated under the University\u2019s Sexual Harassment policy to receive reports about an employee\u2019s sexually harassing behavior. At the time of both reports, the policy reflected an expectation that officials designated to receive reports of sexual harassment would route those reports to OIE, which would then \u201cdetermine the most effective method of investigating\u201d a complaint.146 The policy applied regardless of whether other designated officials had received the same report. Accordingly, we conclude that in both instances, the reports should have been provided to OIE.147 We found two additional instances when University personnel received information regarding Philbert\u2019s conduct toward women. First, in 2017, E-7 complained about Philbert\u2019s comments, without providing detail, to an faculty member who had previously served in a leadership position.148 The faculty member seemed to believe at the time of this conversation that she was expected to provide reports about sexual harassment to OIE. However, because the faculty member was no longer in a leadership position at the time of her conversation with E-7, and did not otherwise supervise E-7, we conclude that she was not an official designated to receive reports under the Sexual Harassment policy. In 2018, E-8, a staff member in the Provost\u2019s office, told E-6\u2014who, as noted, held a supervisory role in SPH\u2014about her discomfort when Philbert told her that people in the office thought she (E-8) was his girlfriend. Although E-6 held a supervisory role in SPH, that supervision did not extend to E-8, who worked in the Provost\u2019s office. The Sexual Harassment policy does not make clear whether employees in supervisory roles are expected to inform 145 E-6 was in an undisclosed sexual relationship with Philbert at the time of this conversation. We can only speculate as to whether that influenced her thinking about whether to report what E-7 told her. As to E-7\u2019s meeting with Barry, as noted above, we concluded that Barry did not receive a report of sexual harassment from E-7. 146 The University of Michigan Procedural Guidelines for Handling Discrimination and Harassment Complaints (2009). The Sexual Harassment policy did not specifically address whether designated officials must report to when\u2014as was the case in 2010 or 2011\u2014an employee does not want to file a report. We heard from officials, however, that the University expects such reports to be routed to OIE. 147 We did not, in either case, assess whether the employee who received the report had received adequate training with respect to her responsibility under the Sexual Harassment policy to provide such reports to OIE. 148 For a full discussion of the facts, see supra Section III(F)(2). 75 of a report by an employee who is not under their supervision. Given this lack of clarity, we cannot conclude that E-6 was expected to provide E-8\u2019s report to OIE. C. Analysis: Summation The preceding analysis addresses Philbert\u2019s conduct, what information the University had about it, and what the University did in response to that information. We now address why, in our estimation, only certain information was known (and other information was not known) to senior University administrators as Philbert rose from assistant to full professor and from there to Dean and University Provost. As an initial matter, we did not find evidence that University personnel intentionally hid allegations about Philbert\u2019s misconduct. Rather, the heart of our findings is that the University should have done more to investigate an early, credible allegation that Philbert had engaged in sexual misconduct in 2005. Had conducted a meaningful investigation at that time, it may have identified at least some additional evidence, as we did in our investigation. That evidence in turn could have informed the consideration he received for leadership positions, including in 2010, when Provost Hanlon learned of the 2005 allegations. Hanlon relied on the adequacy of OIE\u2019s review in 2005, but had not done the work to know, one way or the other, if Philbert had engaged in the alleged conduct. Moreover, had the 2005 inquiry yielded more evidence, then other information regarding Philbert\u2019s conduct that came up in the 2010 Dean\u2019s search\u2014 such as the anonymous comment from a survey participant that she had received \u201cinappropriate and unwanted sexual comments and suggestions\u201d from Philbert\u2014may have been viewed differently and appropriately referred to OIE. Missed investigative opportunities aside, there is a separate question as to why, in light of the persistent and widespread nature of Philbert\u2019s conduct, University officials did not learn of other instances of Philbert\u2019s inappropriate behavior. Information about Philbert\u2019s misconduct did not come up during two critical periods\u2014when Philbert was renewed as Dean of in 2015, and when he was selected as Provost in 2017. And prior to 2020, no witnesses from the Dean\u2019s office or the Provost\u2019s office filed a complaint against Philbert despite many instances of potential misconduct while he served there. Our investigation revealed two key reasons why witnesses may have chosen not to come forward. First, Philbert normalized his behavior. We heard from several University personnel that Philbert consistently behaved in an informal and flirtatious manner with students and colleagues alike, regularly hugging people and engaging in conversations that included inappropriate, and sometimes sexual, comments. We conclude that at least some of Philbert\u2019s colleagues viewed his discomfiting behavior as part and parcel of his usual manner. When a faculty member in was told by one of Philbert\u2019s subordinates about a comment by Philbert\u2014that he wanted to see where the subordinate was not tan\u2014the official said the comment was, \u201cwithin the range of Philbert\u2019s interactions.\u201d Thus, it appears that certain instances of Philbert\u2019s conduct might have been more readily scrutinized\u2014and reported\u2014had they not been accepted as a component of his personality. As discussed above, the advent of the #MeToo era is changing in profound ways the response to offensive behavior, and may have contributed to the willingness of women to come forward in January 2020. 76 Second, multiple witnesses\u2014including some who were in a relationship with him\u2014said they were afraid that Philbert would have retaliated against them if they had reported him. This appeared to chill several people from reporting Philbert\u2019s conduct. In 2005, the two women who alleged being kissed by Philbert did not want to report him because they were concerned that he would take action against them or people close to them (despite assurances that the University prohibited retaliation). This was a consistent theme we heard from many women who experienced Philbert\u2019s misconduct at various points in time: They were afraid to report him because he was a powerful, influential figure who could affect their professional (and, in some cases, personal) lives. Philbert had expressly threatened some of them\u2014one witness, who in fact was in a relationship with Philbert, told us that he said: \u201cIf you ever tell anyone about us will make sure you go down will destroy your career.\u201d And at least one of the women who reportedly experienced misconduct nearly two decades ago did not respond to our request for an interview because she remained concerned that doing so would damage her career. * * * Two things are clear: First, there is significant evidence that Philbert engaged in a wide range of sexual misconduct, including sexual harassment, for at least fifteen years. Second, neither nor the senior leadership of the University understood the seriousness or the pervasiveness of Philbert\u2019s misconduct. Among our recommendations below, we make suggestions for closing that information gap so that the University is better positioned to identify and respond to sexual misconduct issues moving forward. 77 V. Recommendations We developed recommendations based on our key findings and conclusions regarding Philbert\u2019s conduct and the University\u2019s response to allegations about Philbert. We also considered current University policies, procedures, and practices, including those addressing sexual misconduct, and compared those policies, procedures, and practices to those of peer institutions. Our recommendations fall into three categories. In Part we recommend actions to ensure that information about sexual misconduct and other inappropriate behavior reaches the appropriate University officials, including OIE, the entity responsible for investigating sexual misconduct complaints. In Part we recommend actions to ensure that OIE\u2019s findings are informed by thorough investigations. And in Part we recommend actions to ensure that the University\u2019s hiring decisions are informed by past findings of policy violations, including findings regarding sexual misconduct. In sum, we are recommending actions to ensure that the University has access to information regarding sexual misconduct, and that such information is reliable and systematically considered when important decisions are made. More broadly, our recommendations are intended to enhance the University\u2019s ability to prevent, identify, and respond to complaints of sexual misconduct, including conduct of the kind described in this Report. We also have general suggestions about how to implement our recommendations; we do not prescribe a course of action. The University is in the best position to determine how best to adapt and implement our recommendations. A. Ensuring that Information Reaches and Appropriate University Officials Much of Philbert\u2019s conduct toward women, as well as his sexual relationships with subordinate employees, did not come to the attention of University officials. Our findings demonstrate the importance and challenge of ensuring that information about sexual misconduct and other inappropriate behavior reaches University officials. We make two sets of recommendations in this area. First, the University\u2019s Nepotism policy prohibits favoritism and discrimination in the context of \u201cclose personal relationship[s]\u201d between employees. However, the policy does not provide clear notice regarding the appropriate course of action when two employees enter into a consensual relationship, including the circumstances under which the University must be notified of the relationship. We thus recommend that the University adopt a standalone policy that addresses consensual relationships between employees and makes clear what obligations are triggered by such relationships. Second, information about sexual misconduct may not always reach OIE, which is responsible for investigating such conduct. Complainants and witnesses may not be inclined to report through established channels (or to report at all) because\u2014as was the case with several of the witnesses with whom we spoke\u2014they have concerns about confidentiality and/or they fear retaliation. Our investigation also revealed that (1) despite the University\u2019s efforts to ensure that available reporting mechanisms are widely understood, confusion remains among some members 78 of the University community regarding how or where to report; and (2) employees who are obligated to report suspected sexual misconduct may not fully understand the scope of that obligation. We make several recommendations below to address these issues. We note that in April 2019, following an independent review commissioned by the University, the law firm of Hogan Marren Babbo & Rose, Ltd. issued a report (the Report\u201d) containing recommendations for enhancing the University\u2019s reporting mechanisms and written policies and procedures regarding sexual misconduct. Some of our recommendations echo and build on recommendations made in the Report.149 1. Establish a Standalone Policy Regarding Consensual Relationships Between Employees Consensual relationships between University employees ordinarily do not implicate issues of sexual misconduct reporting, and thus are not reviewed by OIE. Under certain circumstances, however, the fact that such a relationship exists is information that should be provided to appropriate University officials. To ensure that employees have notice of their obligations when they enter into a consensual relationship, we recommend that the University establish a standalone policy regarding consensual relationships between employees. Philbert engaged in multiple sexual relationships with subordinate employees while serving as Dean of and as Provost. Such relationships between employees\u2014though they may be consensual\u2014create the potential for actual and perceived conflicts of interest, exploitation, and favoritism where the employees occupy unequal positions of authority, and may disrupt the workplace environment. Moreover, such relationships can involve issues of sexual harassment and retaliation. Like many of its peer institutions, the University has policies that address \u201csexual, romantic, amorous, and/or dating relationships\u201d between faculty and students as well as between staff and students.150 The University does not, however, have a standalone policy addressing such relationships between employees. Rather, the University addresses issues of favoritism and discrimination arising from employees\u2019 \u201cclose personal relationship[s]\u201d in its Nepotism policy, Standard Practice Guide (\u201cSPG\u201d) 201.23. Section 1 of the Nepotism policy prohibits favoritism toward or discrimination against an individual \u201cbased upon that individual\u2019s being a relative of 149 Hogan Marren Babbo & Rose, Ltd., Report of Review of Sexual Misconduct Policies and Procedures (Focus on Faculty and Staff), April 2019. 150 601.22 (faculty-student relationship policy 601.22-1 (employee-student relationship policy). 79 or having a close personal relationship or external business relationship to another person employed by the University.\u201d151 Section of the Nepotism policy (\u201cRegulations\u201d) provides that, where an individual is assigned to a position under the supervision or control of a \u201crelative,\u201d a management plan must be devised to \u201cmitigate possible conflicts of interest.\u201d152 The management plan must be approved by the head of the organizational unit and the unit\u2019s senior human resources officer.153 While the University requires a management plan for employees in close personal relationships, the language of the policy and its accompanying procedures do not make that requirement clear in two respects. First, although Section of the policy states that \u201crelative\u201d includes \u201cclose personal relationships,\u201d Section (\u201cDefinitions\u201d) defines \u201crelative\u201d as a person with a familial or household relationship, and states that this definition is \u201cnot to be construed to exclude the possibility of questions of favoritism arising with regard to other relatives, or other close personal or external business relationships.\u201d154 Second, the policy sets forth one procedure for \u201crelatives\u201d (the development of a management plan), and a second procedure for \u201c[o]ther close personal relationships and external business relationships.\u201d This second procedure does not expressly require the development of a management plan; instead, it requires supervisors to investigate concerns of favoritism arising from such relationships and to consult with the appropriate human resources officer regarding what action should be taken.155 In short, the Nepotism policy does not state clearly whether employees in a consensual relationship must develop a management plan. Many institutions of higher education have recently adopted policies addressing consensual relationships between faculty/employees and students. Fewer schools have focused on consensual relationships between employees in positions of unequal authority. Schools that address such relationships tend to do so either in (1) a nepotism policy covering familial/household relationships and (sometimes in a separate section) consensual relationships, 151 201.23, Section I(B) (emphasis added). The policy makes clear that it does not apply to or supplant situations covered by the University\u2019s Sexual Harassment policy 201.89-0). The Sexual Harassment policy, in turn, states that the Nepotism policy \u201cprecludes individuals from evaluating the work performance of others with whom they have intimate familial or close personal relationships, or from making hiring, salary, or similar financial decisions concerning such persons, without prior written approval.\u201d 152 Id. at 201.23, Section II. 153 Id. 154 Id. at 201.23, Section IV(A). 155 See 201.23, Appointment of Relatives, the University of Michigan, available at relatives (last visited July 30, 2020). 80 or (2) a standalone policy for consensual relationships.156 Regardless of form, such policies typically have two common features. First, notification is required\u2014i.e., the employee in the position of greater authority must notify designated officials about the relationship. Second, recusal and/or mitigation is required\u2014i.e., the employee in the position of greater authority must recuse himself or herself from any role of authority, supervision, or evaluation and/or must agree to a plan for alternate supervisory arrangements. To be clear, the University\u2019s Nepotism policy prohibits favoritism and discrimination in the context of \u201cclose personal relationship[s]\u201d between employees.157 But the policy does not state a clear course of action when employees in unequal positions of authority enter into a consensual relationship.158 To ensure that employees have clear notice of the University\u2019s expectations, we recommend the following: \uf0b7 The University should develop a standalone policy explicitly focused on consensual relationships between employees (faculty and staff) in positions of unequal authority, thus limiting the scope of its Nepotism policy to cover familial and household relationships only. \uf0b7 The policy should define \u201ccovered relationships.\u201d Covered relationships should include relationships between employees in positions of unequal authority where one party has supervisory or evaluative authority over the other. \u201cSupervisory or evaluative authority\u201d should be defined to include, e.g., the power to control or influence another person\u2019s employment, including but not limited to hiring, work conditions, compensation, promotion, discipline, assignments, and recommendations. \uf0b7 The policy should state what is required of employees in such relationships. Specifically, the policy should set forth a notification and recusal and/or mitigation model for covered relationships, including that: o The employee in the position of greater authority must notify designated officials of the relationship; and o The employee in the position of greater authority must recuse himself or herself from any role of authority, supervision, or evaluation over the other employee; or o The employees must agree to a management plan that is designed to mitigate possible conflicts of interest. 156 Some schools address consensual relationships in a broader sexual misconduct policy, while noting that such relationships do not constitute prohibited misconduct under the policy. 157 201.23, Section I. 158 Id. 81 \uf0b7 The policy should state that the failure to follow the steps outlined above\u2014including an employee\u2019s failure to notify designated officials of a covered relationship\u2014 constitutes a violation of the policy. Employees in a consensual relationship are more likely to understand their obligations if they are set forth in a standalone policy. Such a policy will also make clear the University\u2019s commitment to identifying and preventing conflicts of interest, favoritism, and discrimination that may arise from employee relationships. 2. Educate the University Community on Avenues for Reporting Sexual Misconduct We recommend that, in addition to efforts made to date, the University further educate students and employees on the avenues for reporting sexual misconduct is the exclusive entity responsible for investigating allegations of sexual misconduct against students and employees.159 Individuals with information regarding suspected prohibited conduct can report to (by phone, by email, through OIE\u2019s website, or in person), or to designated employees who are required to report suspected prohibited conduct to (known as \u201cResponsible Employees,\u201d as defined by current University policy). Individuals can also submit anonymous online reports to OIE. OIE\u2019s website and the University\u2019s dedicated \u201cSexual Misconduct\u201d website160 describe these reporting options, as well as information about confidential resources and options for reporting to law enforcement.161 In October 2019, informed by the recommendations in the Report, the University released a draft umbrella policy for addressing sexual and gender-based misconduct that applies to misconduct by or against students, faculty, staff, and third parties on the Ann Arbor, Dearborn and Flint campuses.162 The draft umbrella policy sets forth the avenues for reporting sexual misconduct, as well as the available confidential resources on campus.163 When the University 159 Reports of sexual harassment made under the Sexual Harassment policy 201.89-0), which is applicable to complaints against faculty and staff, are investigated by OIE, or jointly with another office as determined by OIE. 160 The University launched the Sexual Misconduct website in September 2019 as a one-stop shop for information about reporting sexual misconduct and the University\u2019s processes for responding to such reports. 161 See Sexual Misconduct Reporting & Resources, the University of Michigan, available at (last visited July 27, 2020). 162 See Umbrella Policy, the University of Michigan, available at (last visited July 30, 2020). 163 Confidential resources are University employees who are prohibited from disclosing confidential information unless (1) given permission by the person who disclosed the information; (2) there is an imminent threat of harm to self or others; (3) the conduct involves suspected abuse of a minor under the age of 18; or (4) as otherwise required or permitted by law or court order. 82 implements this new policy, we recommend that it take the opportunity to remind students and employees (e.g., through a campus-wide email) about how to report sexual misconduct to OIE, as well as the identity and availability of confidential resources.164 In addition, we found that allegations of sexual misconduct that are raised or referenced in tools used to provide employee feedback, such as anonymous surveys, may never reach OIE. Those tools are not designated channels for reporting. As described above, see supra Section III(F)(6), allegations about Philbert appeared in three surveys, which are anonymous and confidential evaluations by faculty members of a University executives\u2019 work performance. The University directs survey responses exclusively to the executive under review and does not retain or review them. Accordingly, we recommend that the University add a notice to anonymous surveys and other methods for providing feedback about faculty and staff to make clear that these tools are not channels for reporting sexual misconduct. The notice should also alert readers to the available options for reporting sexual misconduct allegations to OIE. 3. Enhance Visibility and Training of Mandatory Reporters The University\u2019s Sexual Harassment policy, which applies to complaints against employees, designates certain University officials to whom complaints under the policy may be made. Similarly, the University\u2019s Interim Policy and Procedures on Student Sexual and Gender- Based Misconduct and Other Forms of Interpersonal Violence identifies \u201cResponsible Employees\u201d who are required to report suspected misconduct to OIE. The University\u2019s draft umbrella policy\u2014which, as noted above, is a single policy that applies to misconduct by or against students, faculty, staff, and third parties\u2014also identifies Responsible Employees who are required to report suspected misconduct to OIE. Employees who are designated to receive complaints of sexual misconduct (referred to here as \u201cmandatory reporters\u201d165) are a critical link between potential complainants and OIE. To ensure that these employees provide an effective avenue for reporting, it is critical that (1) members of the University community understand which employees are mandatory reporters (as opposed to confidential resources); (2) employees understand whether they are mandatory reporters and the scope of their responsibilities as such; and (3) all employees understand their role in responding to reports of sexual misconduct, whether or not they are a mandatory reporter. We thus recommend that the University enhance the visibility of and training provided to mandatory reporters. Enhanced Visibility. Although the University has made efforts to indicate in its policies the employees who are designated to receive reports of sexual misconduct, we found that 164 This reminder would be in addition to the other means through which the University publishes information about sexual misconduct reporting. 165 The Department of Education\u2019s newly-issued Title regulations, which are effective August 14, 2020, give institutions wide discretion to designate those employees who are \u201cmandatory reporters\u201d required to report sexual harassment allegations to the Title Coordinator. Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 80 Fed. Reg. 30,026 (May 19, 2020) (to be codified at 34 C.F.R. \u00a7 106). 83 confusion persists\u2014both with respect to who those employees are and what their reporting responsibilities are.166 The Sexual Misconduct website and OIE\u2019s website currently provide links to the policies that enumerate the categories of employees who are mandatory reporters. We recommend that, in addition to providing links to the relevant policies, these websites have a dedicated page that separately lists the categories of employees who are mandatory reporters. Additionally, the University, in coordination with OIE, should encourage its units and schools to provide clear information to their students, faculty, and staff regarding the personnel in those units or schools who are mandatory reporters.167 Enhanced Training provides in-person training to certain groups of employees (such as Resident Advisors and members of Student Life and Athletics) regarding their reporting obligations. That training has, at various points in time, been mandatory for some groups of employees.168 also offers online \u201cResponsible Employee\u201d training, which is available on the Education and Training page of its website.169 This training was distributed to employees when it was rolled out in 2016, and often identifies it as a resource during in-person trainings and/or sends it via email to certain employees. The online training is not mandatory and is not distributed widely on an annual basis. Some employees with whom we spoke did not recall ever having received training from (whether in-person or online) regarding their reporting obligations, and some witnesses expressed confusion about when the obligation to report attaches.170 The University should require that all University employees receive annual online training regarding (1) the avenues for reporting sexual misconduct, (2) which employees are mandatory reporters, and (3) the reporting obligations of mandatory reporters (i.e., under what circumstances they are required to report and how they are to do so). Requiring that all employees take such training increases the chances that all employees understand whether they are mandatory reporters. Such a requirement also ensures that anyone who has recently become 166 The April 2019 Report noted that the term \u201cResponsible Employee\u201d is not consistently defined across the University\u2019s existing policies and it recommended that the University adopt a University-wide definition of \u201cResponsible Employee\u201d in its umbrella policy. The current draft umbrella policy carries out that recommendation. 167 In any communication or location in which the University provides information about mandatory reporters, information regarding confidential resources should also be provided. 168 For example, Athletics receives mandatory Responsible Employee training annually. 169 See Education and Training Programs, the University of Michigan, available at (last visited July 30, 2020). 170 In 2019, all University employees were required to take an online training regarding sexual and gender-based misconduct and other forms of interpersonal violence. That training, which appears to have been well-received by many groups, did not include guidance as to which employees are responsible employees or responsible employees\u2019 reporting obligations. 84 a mandatory reporter (e.g., due to a change in position or responsibilities) receives guidance regarding his or her reporting obligations. This approach also ensures that all employees\u2014even those who are not mandatory reporters\u2014understand the alternative means for reporting sexual misconduct. The University should also ensure that this training identifies the confidential resources available to the University community and includes content on a bystander\u2019s role in recognizing the warning signs of sexual misconduct and intervening when appropriate. In addition to the annual training requirement should evaluate whether specific groups of employees and/or mandatory reporters, in addition to those groups that typically receive in-person training, would benefit from additional training. We recommend, for example, that provide targeted training to Human Resources Directors who sit within University units and schools regarding their reporting obligations with respect to suspected sexual misconduct involving employees. 4. Provide Alternative Oversight of Sexual Misconduct Allegations Involving Members of the Provost\u2019s Office currently reports to the Provost. On January 22, 2020, President Schlissel moved OIE\u2019s reporting line for all matters related to this investigation to the Associate Vice President for Human Resources, Richard S. Holcomb. Some witnesses told us that they did not previously report Philbert\u2019s conduct to based on its reporting relationship to him as Provost. For any report made to involving a respondent in the Provost\u2019s office, we recommend that (1) OIE\u2019s reporting line for that matter be moved to another appropriate office or official, and (2) the University publicize that policy to the University community (through, for example, OIE\u2019s website or the Sexual Misconduct website). 5. Conduct a Climate Survey Regarding Sexual Misconduct for Faculty and Staff We recommend that the University conduct a climate survey for all employees that is aimed at providing University officials with critical information about employees\u2019 experience with sexual misconduct on campus. In the spring of 2019, the University was one of 33 schools to participate in a climate survey of undergraduate and graduate students conducted by the Association of American Universities (\u201cAAU\u201d) regarding sexual misconduct. The University also participated in climate surveys of undergraduate and graduate students in 2015 (one administered by the AAU, and one designed specifically for the University and administered by a local Ann Arbor firm). All of these surveys were administered on the Ann Arbor campus. The University has not participated in similar surveys of its faculty and staff. The April 2019 Report observed that the University may wish to use climate surveys to \u201cconduct periodic assessments of its employees\u2019 knowledge of and comfort with using the available sexual misconduct policies and procedures.\u201d171 171 Hogan Marren Babbo & Rose, Ltd., Report of Review of Sexual Misconduct Policies and Procedures (Focus on Faculty and Staff), April 2019. 85 We agree that the University should conduct a climate survey specifically designed for faculty and staff (including student employees) and should share the results of that survey with the University community. The survey should seek information regarding, for example, (1) employees\u2019 experience with sexual misconduct on campus; (2) employees\u2019 understanding of and satisfaction level with the University\u2019s sexual misconduct policies and procedures; and (3) whether employees fear retaliation in connection with reporting sexual misconduct. B. Ensuring that Findings are Based on Full Investigations central issue in this case involves the University\u2019s decision not to investigate allegations of sexual harassment after two potential complainants, each of whom had previously described her first-hand experience to a professor, declined to file a complaint or to provide further information to OIE. At that point, OIE\u2019s inquiry had not established whether the misconduct had occurred, and closed the matter. Given the nature of the allegations and the evidence available at the time, we conclude that should have taken additional investigative steps. See supra Section IV(B)(2)(b). Five years later, some University officials appeared to have concluded, erroneously, that had completed an investigation of the 2005 allegations and concluded that misconduct had not occurred. University officials are, as a general matter, entitled to rely on the results of completed investigations.172 But investigative findings are reliable only if informed by an actual investigation.173 Investigating sexual misconduct is challenging, especially where potential complainants decline to participate cannot and should not compel a potential complainant to participate, and where a complainant declines to do so may not be able to fully investigate and/or meet its evidentiary burden must also consider a complainant\u2019s stated wish to take no action (indeed that may mean some cases do not proceed). But under some circumstances, further investigative steps may be warranted; as noted above, supra Section IV(B)(1) a complainant\u2019s wishes must be weighed against the school\u2019s obligation to provide a safe and nondiscriminatory environment for its students. The University has greatly enhanced its training of investigators in the fifteen years since its review of the allegations against Philbert in 2005. Newly-hired investigators receive training when they are onboarded; shadow other investigators or associate directors before conducting investigations; and review case files to understand the various procedural issues that may arise in investigations investigators also receive internal training throughout the year, including through periodic office-wide trainings, and receive materials on topics related to 172 In addition, subjects of investigation are entitled to repose when an investigation does not substantiate any wrongdoing. 173 We are not suggesting that should reopen investigations whenever allegations that have already been thoroughly investigated are re-asserted. But reopening an investigation may be appropriate when, for example, new information comes to light or when the original investigation was ended prematurely or otherwise inadequate. 86 conducting investigations and making findings.174 investigators have also received training from an external consultant with significant investigations experience, in addition to participating in other external training opportunities. We examined a single case in 2005 involving two first-hand complainants who declined to participate where, in our view, options for further investigation existed but were not pursued. We did not review any other investigations, nor did we comprehensively review the content of the training that provides to its investigators. For those reasons, we do not make recommendations regarding the way conducts investigations or the training that it provides to its investigators. However, we recommend the University consider the following: \uf0b7 Evaluate investigative practices, and consider adopting formal investigative guidelines, to ensure that is identifying and, as appropriate, pursuing additional investigative steps when complainants decline to participate. \uf0b7 Establish formal file reviews on a routine basis to provide quality assurance and confidence in investigation procedures and outcomes. For example, supervisory investigative personnel could review files with line investigators at defined time intervals, or upon closure of a file. In the first instance, such reviews could be directed at those matters where an investigation has not proceeded due to a complainant\u2019s decision not to participate. C. Ensuring that Hiring Decisions are Informed by Past Findings of Policy Violations Our investigation revealed opportunities to improve the University\u2019s vetting procedures in its significant hiring decisions. With respect to internal candidates, we recommend that the University ensure that substantiated findings of policy violations and other misconduct are available to decisionmakers and systematically considered. Similarly, with respect to external candidates, we recommend that the University consider implementing a pilot program that enhances its ability to identify findings by previous employers of sexual and other misconduct. Philbert\u2019s case did not involve substantiated findings of policy violations or other misconduct. Prior to his appointment Dean in 2010 and University Provost in 2017, there were no substantiated findings that Philbert had violated University policy or otherwise engaged in misconduct (although allegations of sexual misconduct had come to the attention of University officials). Thus, the recommendations below, standing alone, would not have affected those selection processes. We nevertheless believe that these recommendations would improve the quality of the University\u2019s vetting procedures and, in turn, enhance the integrity of its personnel decisions. Vetting of Internal Candidates maintains information about investigation outcomes, including findings of policy violations and otherwise inappropriate behavior. Academic HR, 174 We understand that some of these materials will be updated to be consistent with the University\u2019s draft umbrella policy, including any changes made to that policy as required by the new Title regulations, which go into effect on August 14, 2020. 87 which oversees human resources issues involving faculty, maintains findings of policy violations (other than violations of the Sexual Harassment policy) and other misconduct by faculty. In 2019, in an effort to enhance information-sharing in connection with promotion and tenure decisions, the Provost\u2019s office instituted a practice whereby and Academic review the names of candidates for tenure and promotion and provide information to relevant decisionmakers about investigative outcomes regarding those candidates.175 This practice is not formally documented in University policy.176 Separately, with respect to senior-level appointments of internal candidates\u2014which occur on a more one-off basis\u2014the relevant decisionmakers can obtain information from or Academic about internal candidates, but there is no formal policy requiring decisionmakers to do so. While the University has made efforts recently to improve information-sharing in faculty promotion and tenure decisions, we recommend that the University formalize that practice to ensure that it is uniformly applied to all promotion, tenure, appointment, reappointment, and other hiring decisions involving internal candidates. Specifically: \uf0b7 The University should ensure that findings of policy violations and other misconduct are collected and accessible.177 \uf0b7 The University should establish a formal written process for obtaining and considering findings of policy violations and other misconduct in promotion, tenure, appointment, reappointment, and other hiring decisions involving internal candidates. Such a process would, for example, require that relevant decisionmakers coordinate with appropriate University offices (e.g., OIE, Academic HR, or other designated office) to identify findings that an internal candidate has violated University policy or engaged in other misconduct. \uf0b7 The University should instruct decisionmakers that a finding that a candidate has violated University policy or engaged in other misconduct is not an automatic disqualifier for an internal position, but that such information should be weighed on a case-by-case basis in view of the facts and circumstances (such as the length of time that has passed since the incident, the nature of the incident, the severity of the incident, etc.) and in consultation with other University officials as appropriate. 175 Information regarding a policy violation or other finding of inappropriate behavior or misconduct is not necessarily disqualifying; the decisionmaker has the discretion to decide to what extent information affects the individual\u2019s candidacy. 176 This practice does not include a review of non-faculty employees who are promoted or move to other units or University of Michigan campuses. In such cases, the relevant hiring unit is responsible for conducting a reference check, including a review of information in the employee\u2019s unit-level personnel file or the University\u2019s central personnel file. 177 We understand that recently began using a new database with improved search functionality of case files. 88 Importantly, this is not a recommendation that individuals involved in hiring decisions investigate sexual misconduct. That responsibility remains with OIE. Decisionmakers and/or search committees may learn of previously unreported allegations of sexual misconduct in the course of their deliberations (as was the case with allegations raised against Philbert in a confidential survey during the 2010 Dean\u2019s search, see supra Section III(C)(4). The University should ensure that individuals involved in promotion, tenure, appointment, and other hiring decisions involving internal candidates\u2014including individuals who serve on search committees\u2014understand that previously unreported allegations of sexual misconduct that arise in the course of their deliberations should be reported to OIE, which is responsible for reviewing and investigating such allegations. Vetting of External Candidates. Some universities have recently announced pilot programs or adopted policies requiring reference checks for final external candidates for purposes of uncovering violations of institutional policy (including sexual harassment).178 The programs apply to designated positions (e.g., academic appointments conferring tenure or security of employment) or, more broadly, to all faculty and staff positions. The programs typically require a candidate to consent to a reference check. Once a consent is received, the university contacts current and previous institutions to inquire whether the candidate has violated institutional policy. In conjunction with its efforts to enhance vetting procedures for internal candidates, the University should review its procedures for vetting external candidates for faculty and staff positions, and consider implementing a pilot program that enhances its ability to identify findings by previous employers of sexual or other misconduct. 178 These schools generally will not consider candidates who decline to sign a waiver. Schools that conduct such reference checks are also willing to respond to similar requests from external employers regarding current or former employees, provided those current or former employees waive confidentiality. i Appendix 1 \u2013 University Announcement179 From: President Mark S. Schlissel Date: Wed, Jan 22, 2020 at 3:18 Subject: Allegations of sexual misconduct To All Members of the Ann Arbor Community: The University of Michigan has received and acted on allegations of sexual misconduct against Martin A. Philbert, provost and executive vice president for academic affairs. With the endorsement and full support of the Board of Regents have placed Dr. Philbert on administrative leave, effective Jan. 21, 2020, pending the results of an investigation we began on Friday, Jan. 17 will follow up in the coming days regarding the appointment of an acting provost and executive vice president for academic affairs. We take allegations of sexual misconduct very seriously, and our policy is clear: Sexual misconduct will not be tolerated in the University of Michigan community want to apprise everyone of what has happened over the last few days and the actions we have taken. \uf0b7 On Thursday and Friday, Jan. 16-17, 2020, the university received several allegations of sexual misconduct by Dr. Philbert. \uf0b7 We began an internal investigation Friday. Over the next three days, the university retained an outside law firm which immediately launched an investigation of the allegations, our Division of Public Safety and Security was engaged, and Dr. Philbert was directed not to report to work placed him on administrative leave Tuesday. \uf0b7 The Office for Institutional Equity, who would normally handle such investigations, reports to the provost. Today have moved OIE\u2019s reporting line for all matters related to this investigation to Associate Vice President for Human Resources Richard S. Holcomb. The Board of Regents and are committed to a full and thorough investigation, and we will continue to work to ensure the integrity of the process, following the same policy and practices that apply to all employees at U-M. It remains early in the investigation, and no findings or conclusions have been reached. 179 See Allegations of sexual misconduct, the University of Michigan, (Jan. 22, 2020), (last visited July 30, 2020). ii We thank the individuals who have come forward with these allegations. We know that reporting requires courage. The university has offered support services and will work diligently to assist those who report in every way possible. We encourage any member of our community who is aware of conduct that may violate U-M\u2019s sexual misconduct policy to notify our Office for Institutional Equity. You may also report, seek support or access confidential resources on our sexual misconduct website. If you have information on this case, you can report in three ways: \uf0b7 The Office for Institutional Equity (734-763-0235) \uf0b7 U-M\u2019s anonymous compliance hotline (1-866-990-0111) or via the website. \uf0b7 Division of Public Safety and Security (734-763-1131) We recognize and thank the many members of our community who have spent considerable time over the last few years helping us with revisions to our sexual misconduct policies, increasing awareness of this problem and helping us become a better university. These efforts \u2013 and your many contributions \u2013 have been essential and remain so, as we strive to create a safe, respectful and inclusive culture, where everyone has an equal opportunity to thrive and accountability applies to all. Sincerely, Mark S. Schlissel President iii Appendix 2 \u2013 Witness Glossary Identifier Description The Professor An Professor who worked in SPH-2 in 2005 and received allegations of misconduct by Philbert from GS-1, E-1, and Mary Roe, and other graduate students. She reported the allegations to the Ken Warner Dean), Anthony Walesby (OIE), and Lori Pierce (Vice Provost) in 2005, and met with Pierce during the Dean\u2019s search in 2010. GS-1 An graduate student who learned about E-1\u2019s experience with Philbert and reported it to the Professor. This student also likely spoke with Anthony Walesby (OIE) briefly in 2005. Jane Doe graduate student who worked in Philbert\u2019s lab in the late 1990s and early 2000s. We received several second-hand reports that she experienced inappropriate conduct by Philbert. Mary Roe graduate student who worked in Philbert\u2019s lab in 2005 and who reported to the Professor that Philbert had kissed her neck and said that Philbert was \u201ca bad man\u201d who wanted to talk about \u201cbad stuff.\u201d Anthony Walesby (OIE) reached out to her in 2005, but she did not provide him with details of the alleged incident. E-1 research assistant who worked in Philbert\u2019s lab in 2005 and who reported to the Professor that Philbert kissed her neck and said that he wanted to have \u201ccaramel colored babies\u201d together and \u201csomething about chocolate syrup sex.\u201d Anthony Walesby (OIE) reached out to her in 2005, but she did not provide him with details of the alleged incident. In 2013, E- 1 filed a petition for tuition reimbursement and met with Walesby and other University officials. E-2 staff member in the Dean\u2019s office who received a full body hug from Philbert around 2012-2013 and later took steps not to be alone with him. E-3 staff member in the Dean\u2019s office who was in a sexual relationship with Philbert from 2013-2014 and experienced unwanted conduct by him in 2015. E-4 An staff member who was in a sexual relationship with Philbert during periods between 2013-2018. E-5 An staff member who was in a sexual relationship with Philbert from at least 2017-2018. E-6 staff member in the Dean\u2019s office who was in a relationship with Philbert from 2017- 2019. E-7 An staff member to whom Philbert made sexualized comments in 2016-2018, including while being recruited to the Provost\u2019s office. E-8 Provost\u2019s office staff member to whom Philbert made sexualized comments in 2018-2019. iv E-9 Provost\u2019s office staff member who was in a sexual relationship with Philbert in 2019. E-10 An employee who was in a sexual relationship with Philbert in 2019-2020."} |
7,809 | Anthony Petrosky | University of Pittsburgh | [
"7809_101.pdf"
] | {"7809_101.pdf": "Stilley v. Univ. of Pitts. of Com. Sys., 968 F. Supp. 252 (W.D. Pa. 1996) U.S. District Court for the Western District of Pennsylvania - 968 F. Supp. 252 (W.D. Pa. 1996) December 24, 1996 968 F. Supp. 252 (1996) Lori R. STILLEY, and Robert Stilley, her husband, Plaintiffs, v EDUCATION, d/b/a The University of Pittsburgh, and Anthony R. Petrosky, Individually and in his Capacity as an Employer, Defendants. Civil Action No. 95-0474. United States District Court, W.D. Pennsylvania. December 24, 1996. *253 *254 *255 Thomas E. Crenney, Mark B. Morrow, Thomas E. Crenney & Associates, Pittsburgh, PA, for Plaintiffs. John G. Greeno, University of Pittsburgh, PA, for Univ. of Pitts. of Com. Sys. of Higher Educ. Sheila M. Ford, Ford & Council, Pittsburgh, PA, John G. Greeno, University of Pittsburgh, PA, for Anthony R. Petrosky. 2/16/25, 11:09 Stilley v. Univ. of Pitts. of Com. Sys., 968 F. Supp. 252 (W.D. Pa. 1996) :: Justia 1/24 LEE, District Judge. Before the Court are the following motions: University of Pittsburgh of the Commonwealth System of Higher Education, d/b/a The University of Pittsburgh's Motion for Summary Judgment (Document No. 24) and Anthony R. Petrosky's Motion for Summary Judgment (Document No. 26). After careful consideration of defendants' motions, the extensive supporting material in support of and in opposition thereto, the memoranda in support of and in opposition thereto, the relevant case law, and the record as a whole, the Court will grant, in part, and deny, in part, defendants' motions. Defendant University of Pittsburgh's motion for summary judgment will be granted with respect to plaintiffs' claims for assault and battery, and those claims brought under 42 U.S.C. \u00a7\u00a7 1983 and 2000e. Defendant University's summary judgment motion will be denied in all other respects. Defendant Petrosky's motion for summary judgment will be granted with respect to plaintiffs' claims for assault and battery, and plaintiffs' claim brought under Title 42 U.S.C. \u00a7 2000e. Defendant Petrosky's summary judgment motion will be denied in all other respects A. The Parties Plaintiffs, Lori R. Stilley and Robert Stilley, filed their lawsuit on March 14, 1995, in the Court of Common Pleas of Allegheny County, Pennsylvania. At all relevant times, plaintiff Lori Stilley was, and continues to be, a doctoral candidate at Defendant, University of Pittsburgh of the Commonwealth System of Higher Education, d/b/a University of Pittsburgh (the \"University\"), in the Department of Instruction and Learning within the School of Education. She has completed her doctoral courses and is working on her dissertation. Additionally, from March, 1990, until August, 1993, and again from February through April, 1994, Ms. Stilley was employed *256 by the University through the School of Education. 2/16/25, 11:09 Stilley v. Univ. of Pitts. of Com. Sys., 968 F. Supp. 252 (W.D. Pa. 1996) :: Justia 2/24 Defendant University is an educational institution organized under the laws of the Commonwealth of Pennsylvania. Plaintiffs allege that, at all times pertinent to this lawsuit, Ms. Stilley was a student and employee of the University. Defendant Anthony R. Petrosky (\"Petrosky\") is a full tenured professor at the School of Education at the University, with a joint appointment in the Departments of Curriculum and Instruction and English. Plaintiffs allege that Petrosky was acting as the agent, servant and/or employee of the University and, further, that he was also the employer of Lori Stilley. B. The Complaint On March 13, 1995, plaintiffs filed an eight-count Complaint in Civil Action in the Court of Common Pleas of Allegheny County, Pennsylvania. The gravamen of the complaint is that Petrosky, in his concurrent roles of supervisor, academic advisor and chairman of her dissertation committee, sexually harassed and discriminated against Ms. Stilley, while she was a student and employee of the University, and that the University knew or should have known about this harassment and acquiesced and tacitly condoned Petrosky's behavior, harassment and discrimination. In Count I, plaintiff Lori Stilley alleges that the conduct of defendants constitutes assault and battery under the laws of the Commonwealth of Pennsylvania. Count alleges that because of defendants' conduct, plaintiff Lori Stilley has suffered intentional and/or negligent infliction of emotional distress under the laws of the Commonwealth of Pennsylvania. In Count III, Plaintiff Robert Stilley contends that as a direct and proximate result of the conduct of defendants he has suffered the \"loss of consortium, care, affection, support, [and] protection ...\" of his wife. Plaintiff, Lori Stilley, sues Petrosky individually and as her employer pursuant to 42 U.S.C. \u00a7 2000e-2(a) (1) and 42 U.S.C. \u00a7 1983 in Counts and of the Complaint, respectively. The University is sued as plaintiff Lori Stilley's employer pursuant to 42 U.S.C. \u00a7 2000e- 2(a) (1) and 42 U.S.C. \u00a7 1983 in Counts and of the Complaint, respectively. Lastly, in Count of the Complaint, the University is sued by Plaintiff Lori Stilley for violations of 20 U.S.C. \u00a7 1681, et seq., commonly referred to as Title IX. The basis for plaintiff's claims against the University, is that Petrosky, while acting as plaintiff's 2/16/25, 11:09 Stilley v. Univ. of Pitts. of Com. Sys., 968 F. Supp. 252 (W.D. Pa. 1996) :: Justia 3/24 academic advisor, supervisor, and chair of her dissertation committee, sexually harassed her. C. Procedural History On March 28, 1995, defendants removed this matter, without objection, to the United States District Court for the Western District of Pennsylvania. Defendants have filed separate motions for summary judgment, with briefs in support thereof, along with statements of undisputed material facts with accompanying appendices. The University presents four grounds in support of its arguments that summary judgment should be granted in its favor: (i) plaintiffs have failed to adduce facts of quid pro quo sexual harassment; (ii) plaintiff's hostile environment sexual harassment claims are time barred; (iii) plaintiff's hostile environment claims against the University fail because plaintiff could not have reasonably believed that Petrosky had authority to act inappropriately; and (iv) plaintiffs' tort claims against the University should be dismissed for lack of respondeat superior liability. Similarly, Petrosky presents four grounds in support of his arguments that summary judgment should be granted in his favor: (i) plaintiff's claims for assault and battery are barred by the applicable statute of limitations; (ii) plaintiff's claims for intentional infliction of emotional distress are not actionable; (iii) Petrosky was not plaintiff's employer and, therefore, he is not liable under Title VII; and (iv) that plaintiff's claims brought pursuant to 42 U.S.C. \u00a7 1983 are barred by the applicable statute of limitations. *257 D. The Allegations This case has its genesis in a relationship between Lori Stilley and a University professor, Anthony R. Petrosky, the exact nature of which is in some dispute. What is known is that Lori Stilley (nee Rittenhouse) matriculated graduate school at the University in its Department of Instruction and Learning, School of Education, in the Fall of 1989. At the suggestion of the chairman of the department, Professor Stephen Koziol, Lori Stilley first met Petrosky in January, 1990, and decided to work with him in applying for a grant for a major research project known as the Assessment Development Laboratory or \"ADL\" Project. After the grant was awarded, plaintiff was hired to work on the project as a 2/16/25, 11:09 Stilley v. Univ. of Pitts. of Com. Sys., 968 F. Supp. 252 (W.D. Pa. 1996) :: Justia 4/24 researcher. During her employment on the Project, Lori Stilley attended numerous meetings with Petrosky and traveled with him. Also, while working on the Project, Lori Stilley began writing her dissertation, utilizing, with permission from Petrosky, data from the Project. During the Spring of 1990, Ms. Stilley decided to change her advisors, from Professor Ogle Duff to Petrosky. From the Spring of 1990 until April 1994, Petrosky served as plaintiff's academic advisor and chair of her dissertation committee. In October 1992, plaintiff was found to have manipulated the data for her dissertation study. While the record discloses that some members of her Dissertation Committee believed plaintiff should be severely reprimanded, the Committee, including Petrosky, decided to allow plaintiff the opportunity to complete her dissertation. At that time, plaintiff opted to resume with her original topic; however, in late summer or early fall of 1993, Plaintiff elected to begin a different dissertation topic, with Koziol serving as the chairperson of this committee. Funding for the Project expired in August, 1993, and the employment of all persons working on the Project was terminated. In September, 1993, however, additional funding was secured by the University and a short-term addition to the Project commenced. Initially, Ms. Stilley was not continued on this additional work, but in February 1994, Petrosky hired her to work on the extension as a consultant. Plaintiffs moved to Harrisburg, Pennsylvania, in October, 1993. The majority of her work as an independent contractor on the extension was completed from her home in Harrisburg. Accordingly, during her employment as an independent contractor, Ms. Stilley had very little, if any, contact with Petrosky. Plaintiffs allege that Lori Stilley was subjected to unwelcome acts of verbal and physical sexual harassment and sexual discrimination, both as a student and employee, by Petrosky during the period from January, 1990 through May, 1994. As time progressed, according to plaintiffs, the abuse greatly accelerated both in terms of frequency and in terms of intrusiveness. In addition to an increase in sexual harassment and sexual discrimination by Petrosky, plaintiffs contend that in retaliation for her rejection of his advances, Petrosky began to engage in retaliatory conduct towards her. For example, according to plaintiffs, Petrosky imposed unfair and improper requirements for Ms. Stilley's first dissertation overview and actually sabotaged her second dissertation overview. [1] 2/16/25, 11:09 Stilley v. Univ. of Pitts. of Com. Sys., 968 F. Supp. 252 (W.D. Pa. 1996) :: Justia 5/24 Plaintiffs contend that the effect of Petrosky's harassment continues as Lori Stilley has been excluded from writing a text book about the Project, such exclusion clearly being in retaliation for her rejection of Petrosky's advances. Plaintiff's allege that the University knew or should have known of Petrosky's harassment as she complained to \"at least three of her supervisors.\" Plaintiffs' Brief, at 3. *258 While plaintiffs admit that the University had a policy prohibiting sexual harassment, plaintiffs contend that the policy was ineffective to combat sexual harassment Rule 56(c) of the Federal Rules of Civil Procedure reads, in pertinent part, as follows: [Summary Judgment] shall be rendered forthwith if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. In interpreting Rule 56(c), the United States Supreme Court has stated: The plain language ... mandates entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial. In such a situation, there can be no genuine issue as to material fact, since a complete failure of proof concerning an essential element of the non-moving party's case necessarily renders all other facts immaterial. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S. Ct. 2548, 2552, 91 L. Ed. 2d 265 (1986). An issue of material fact is genuine only if the evidence is such that a reasonable jury could return a verdict for the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, [2] 2/16/25, 11:09 Stilley v. Univ. of Pitts. of Com. Sys., 968 F. Supp. 252 (W.D. Pa. 1996) :: Justia 6/24 248, 106 S. Ct. 2505, 2510, 91 L. Ed. 2d 202 (1986). The court must view the facts in a light most favorable to the non-moving party and the burden of establishing that no genuine issue of material fact exists rests with the movant. Id. at 242, 106 S. Ct. at 2506-07. The \"existence of disputed issues of material fact should be ascertained by resolving `all inferences, doubts and issues of credibility against the moving party.'\" Ely v. Hall's Motor Transit Co., 590 F.2d 62, 66 (3d Cir. 1978) (quoting Smith v. Pittsburgh Gage & Supply Co., 464 F.2d 870, 874 (3d Cir.1972)). Final credibility determinations on material issues cannot be made in the context of a motion for summary judgment, nor can the district court weigh the evidence. Josey v. John R. Hollingsworth Corp., 996 F.2d 632 (3d Cir.1993); Petruzzi's Supermarkets, Inc. v. Darling-Delaware Co., 998 F.2d 1224 (3d Cir.1993). When the non-moving party will bear the burden of proof at trial, the moving party's burden can be \"discharged by `showing' that is, pointing out to the District Court that there is an absence of evidence to support the non-moving party's case.\" Celotex, 477 U.S. at 325, 106 S. Ct. at 2554. If the moving party has carried this burden, the burden shifts to the non- moving party who cannot rest on the allegations of the pleadings and must \"do more than simply show that there is some metaphysical doubt as to the material facts.\" Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S. Ct. 1348, 1355-56, 89 L. Ed. 2d 538 (1986); Petruzzi's Supermarkets, 998 F.2d at 1230. When the non-moving party's evidence in opposition to a properly supported motion for summary judgment is \"merely colorable\" or \"not significantly probative,\" the court may grant summary judgment. Anderson, 477 U.S. at 249-50, 106 S. Ct. at 2510-11. \"One of the most common forms of evidence used on a summary judgment motion is affidavits ... in support of or opposition to a Rule 56 motion....\" Wright, Miller & Kane, 10A Federal Practice and Procedure, \u00a7 2722, at 54. Hearsay evidence contained in affidavits and deposition testimony may be sufficient to survive summary judgment motion unless such evidence clearly would not be admissible at trial. Clark v. Commonwealth of Pennsylvania, 885 F. Supp. 694, 709 n. 3 (E.D.Pa.1995) (citing Petruzzi's Supermarkets, 998 F.2d at 1234 n. 9 A. Count Assault and Battery 2/16/25, 11:09 Stilley v. Univ. of Pitts. of Com. Sys., 968 F. Supp. 252 (W.D. Pa. 1996) :: Justia 7/24 Both defendants have moved for summary judgment on plaintiff Lori Stilley's claims for assault and battery. The University argues that these claims fail as Petrosky's actions *259 could not have been committed by him in the scope of his authority as an employee of the University. Alternatively, the University contends that if Petrosky's conduct does fall within the scope of his employment, then plaintiff's claims are barred by the exclusive remedy provisions of the Pennsylvania Workers' Compensation Act. Defendant Petrosky argues that plaintiff's claims should be dismissed as they are barred by the applicable statute of limitations. The record reflects that plaintiffs have not responded to any of the arguments presented by defendants on this issue. Because the instant case arose within the Commonwealth of Pennsylvania, the Court must apply the applicable Pennsylvania law and statute of limitations to the state law claims raised in plaintiffs' Complaint. Under common law, any offensive contact, however minor, constitutes a battery. Kedra v. City of Philadelphia, 454 F. Supp. 652, 672 (E.D.Pa.1978); see also Restatement (Second) of Torts, \u00a7\u00a7 13-20 (1965). \"Under Pennsylvania law, an assault occurs when one acts with the unprivileged intent to put another in reasonable and immediate apprehension of a harmful or offensive conduct and which does cause apprehension.\" Proudfoot v. Williams, 803 F. Supp. 1048, 1054 (E.D.Pa.1992) (citing Cucinotti v. Ortmann, 399 Pa. 26, 159 A.2d 216, 217 (1960)). In Pennsylvania, an action for assault and battery must be commenced within two years of knowledge of injury. 42 Pa.C.S.A. \u00a7 5524(1). The statute of limitations begins to run when a plaintiff knows or reasonably should know that he or she has been injured and that the injuries were caused by the other party. Resolution Trust Corp. v. Farmer, 865 F. Supp. 1143, 1150 (E.D.Pa. 1994). The record describes numerous incidents of non-consensual touching by Petrosky during the period from 1990 through September 1992. However, the record is devoid of any references to incidents where Plaintiff experienced reasonable apprehension of non- consensual touching and/or actual touchings by Petrosky after September 1992. Plaintiff did not file the instant action until March 13, 1995; more than two years following the last incident of any alleged assault or battery. Therefore, plaintiff's claims for assault and battery are untimely and barred by 42 Pa. C.S. \u00a7 5524(1). Accordingly, defendants' motions for summary judgment as to Count One will be granted. B. Count Intentional and/or Negligent Infliction of Emotional Distress [3] 2/16/25, 11:09 Stilley v. Univ. of Pitts. of Com. Sys., 968 F. Supp. 252 (W.D. Pa. 1996) :: Justia 8/24 1. The University's Motion Identical to its arguments pertaining to plaintiff's claims for assault and battery, the University contends that the claims for intentional and/or negligent infliction of emotional distress fail as Petrosky's actions could not have been committed by him in the scope of his authority as an employee of the University. Alternatively, the University contends that if Petrosky's conduct does fall within the scope of his employment, then plaintiff's claims are preempted by the Pennsylvania Workers' Compensation Act. However, plaintiff contends that a claim for intentional infliction of emotional distress can be maintained for claims of sexual harassment in the work place pursuant to the decision of the Pennsylvania Superior Court in Schweitzer v. Rockwell Int'l, 402 Pa.Super. 34, 586 A.2d 383 (1990). In further support of her contention, plaintiff relies on a published Memorandum Opinion issued by Gary L. Lancaster, District Judge, United States District Court for the Western District of Pennsylvania *260 in Barb v. Miles, 861 F. Supp. 356 (W.D.Pa.1994). The Court has thoroughly reviewed the opinions in Schweitzer and Barb and can find no distinguishable characteristics that would mandate a finding inconsistent with those holdings. Therefore, the Court will adopt the reasonings of Schweitzer and Barb and will permit plaintiff to present this claim to jury. Accordingly, the University's motion for summary judgment as to Count Two will be denied. 2. Petrosky's Motion Petrosky argues that plaintiff has failed to make out a sufficient claim for intentional and/or negligent infliction of emotional distress as none of Petrosky's alleged actions rise to the necessary level of \"outrageousness.\" Under Pennsylvania law, a claim of intentional infliction of emotional distress requires a showing of \"extreme or clearly outrageous\" conduct. Andrews v. City of Philadelphia, 895 F.2d 1469, 1486-87 (3d Cir.1990) (citing Cox v. Keystone Carbon, 861 F.2d 390, 395 (3d Cir.1988)). The \"conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized society.\" Hurst v. Beck, 771 F. Supp. 118, 121 n. 5 (E.D.Pa.1991) [4] 2/16/25, 11:09 Stilley v. Univ. of Pitts. of Com. Sys., 968 F. Supp. 252 (W.D. Pa. 1996) :: Justia 9/24 (citing Buczek v. First Nat'l Bank of Mifflintown, 366 Pa.Super. 551, 531 A.2d 1122, 1125 (1987)). The Court of Appeals for the Third Circuit has opined: [A]s a general rule, sexual harassment alone does not rise to the level of outrageousness necessary to make out a cause of action for intentional infliction of emotional distress.... As we noted in Cox v. Keystone, 861 F.2d 390, 395-96 (3d Cir. 1988), \"the only instances in which courts applying Pennsylvania law have found conduct outrageous in the employment context is where an employer engaged in both sexual harassment and other retaliatory behavior against an employee.\" The extra factor that is generally required is retaliation for turning down sexual propositions. Andrews, 895 F.2d at 1487 (emphasis added). In the instant case, plaintiff not only alleges that Petrosky made suggestive innuendoes and touched her inappropriately on a number of occasions, but that he continues to retaliate against her for declining his advances. The Court is satisfied that a jury acting reasonably could find such conduct is \"outrageous in character\" and sufficiently establishes this claim. Accordingly, Petrosky's motion for summary judgment as to Count Two will be denied. C. Count Loss of Consortium The claims of Plaintiff Robert Stilley for loss of consortium are derivative from the claims of his wife, Plaintiff Lori Stilley. See Rodgers v. Prudential Ins. Co. of America, 803 F. Supp. 1024 (M.D.Pa.1992), aff'd, 998 F.2d 1004 (3d Cir.1993). To the extent that Plaintiff Lori Stilley's state law claims have survived summary judgment, so must Robert Stilley's claims for loss of consortium survive summary judgment. Therefore, Defendant University's request to dismiss Count of the Complaint will be denied Count 42 U.S.C. \u00a7 2000e against Petrosky In Count of the Complaint, plaintiff Lori Stilley seeks to hold Petrosky personally liable for damages under Title for alleged sexual harassment because he was acting as an [ ] 2/16/25, 11:09 Stilley v. Univ. of Pitts. of Com. Sys., 968 F. Supp. 252 (W.D. Pa. 1996) :: Justia 10/24 \"agent\" of the University and was also the \"employer\" of plaintiff Lori Stilley. Petrosky argues that this claim must be dismissed because Petrosky was not Lori Stilley's employer, but rather he was an individual employee of the University and an individual employee cannot be held liable under *261 Title VII. The record indicates that plaintiffs have not responded to Petrosky's arguments on this issue. While plaintiffs allege that Petrosky was Ms. Stilley's \"employer\" they have failed to produce any evidence to support their contention. In fact, the record reflects that it was the University, not Petrosky, who received the Project grant and that Petrosky was the principal investigator and co-director of the Project. Moreover, in his deposition, Petrosky testified that he had been \"employed by the University\" since 1976. App. in Support of Mot. for Summ. Judg., Exh. C, Depo. of Anthony R. Petrosky, at 10. Accordingly, the Court finds that Petrosky was not the employer of Lori Stilley, but rather the University was the employer and Petrosky was the co-director and principal investigator on the Project. The issue of individual liability under Title has recently been decided by the Court of Appeals for the Third Circuit. See Sheridan v. E.I. DuPont de Nemours and Co., 100 F.3d 1061 (3d Cir.1996). The Court of Appeals specifically stated that \"Congress did not intend to hold individual employees liable under Title VII.\" Id. at 1078. Accordingly, following precedent established by the Court of Appeals for the Third Circuit, Petrosky's motion for summary judgment as to Count of the Complaint will be granted. E. Count 42 U.S.C. \u00a7 2000e against the University In Count of the Complaint, plaintiff Lori Stilley alleges that the University has \"engaged in a policy, practice and/or custom of non-objective criteria for termination and/or advancement in employment and has permitted sexual harassment and/or discrimination to be the basis of or the denial of employment....\" Complaint at \u00b6 74. Plaintiff further alleges that the University knew of the violations through notice and the observations of its supervisors and managers and either acquiesced or facilitated the harassment. Moreover, in addition to being terminated from her employment, Plaintiff Lori Stilley alleges that she has been denied further benefits of that employment including: \"(a) denial of professional credit for work on the project in her capacity as a research associate; (b) denial of the opportunity to use her work on the project to satisfy her dissertation requirement; (c) denial of the opportunity to benefit from publishing her work on the [5] 2/16/25, 11:09 Stilley v. Univ. of Pitts. of Com. Sys., 968 F. Supp. 252 (W.D. Pa. 1996) :: Justia 11/24 project in her capacity as research associate; and (d) Plaintiff was forced to start over on her dissertation, and change the subject of her dissertation.\" Complaint at \u00b6 89. At the onset, the Court notes that the analysis of this case is complicated by the multiple roles and interactions between Plaintiff Lori Stilley and Defendant Petrosky, i.e., student- academic advisor/professor/dissertation committee chair and employee-supervisor. While recognizing that plaintiff's work on her dissertations is closely related to her work on the Project, the Title inquiry must focus only on the employee-employer relationship. Therefore, this Court must determine whether plaintiff has produced sufficient evidence to create a genuine issue of material fact as to whether her employer, the University, intentionally discriminated against her. See Pollock v. American Telephone & Telegraph Long Lines, 794 F.2d 860, 864 (3d Cir.1986). All issues pertaining to the completion of plaintiff's dissertation relate to plaintiff's role as a student and not as an employee. Accordingly, any allegations of \"quid pro quo retaliation\" regarding plaintiff's dissertation are not proper for a Title claim and will not be considered by the Court in its Title analysis. Section 703 of Title provides, in pertinent part, that it is an \"unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's ... sex....\" 42 U.S.C. \u00a7 2000e-2(a) (1). Courts have recognized two types of sexual discrimination. The first, \"quid pro quo\" harassment, covers the loss of tangible economic benefits to the employee who rejects his or her employer's sexual demands. See 19 C.F.R. \u00a7 1604.11(a). The second, \"hostile work environment\" harassment, occurs when sexual conduct or materials *262 exist in the workplace that create an abusive environment which affects the employee's psychological well-being. Meritor Savings Bank v. Vinson, 477 U.S. 57, 106 S. Ct. 2399, 91 L. Ed. 2d 49 (1986). Plaintiffs' complaint does not delineate the nature of the sexual discrimination claims, although their brief in opposition to defendants' motions for summary judgment does state that there is ample evidence in the record to support a finding of liability against the University on both a claim of quid pro quo retaliation and hostile work environment. The record reflects that plaintiff Lori Stilley was an employee of the University on two separate occasions (1) from March 1990 until August 1993 when she worked on the Project first as a student researcher and then was promoted to research associate; and (2) for an approximate two month period, from February, 1994 to late-April, 1994, when she was hired to work on the Project as a consultant. [6] 2/16/25, 11:09 Stilley v. Univ. of Pitts. of Com. Sys., 968 F. Supp. 252 (W.D. Pa. 1996) :: Justia 12/24 A. Statute of Limitations For statute of limitations purposes, a charge of discrimination must be filed with the within 300 days of the alleged discrimination. Plaintiff did not file her charges until on or after October 17, 1994 (see Ex. 28 to Doc. 38, App. to Plaintiff's Brief and Counterstatement of Undisputed Facts); Defendant argues, therefore, that any alleged discriminatory incidents occurring prior to December 22, 1993 are barred because they are untimely. Plaintiff responds that because she is proceeding on a \"continuing violations theory,\" she can recover for discriminatory conduct that occurred outside the limitations period, if she can show that the conduct is a part of an ongoing practice or pattern of discrimination. The continuing violations theory allows a plaintiff to pursue a Title claim for discriminatory conduct which began outside the limitations period if she can demonstrate that the conduct alleged is part of an on-going practice or pattern of discrimination effected by the employer. Bronze Shields, Inc. v. New Jersey Dept. of Civil Serv., 667 F.2d 1074, 1080-84 (3d Cir.1981), cert. denied, 458 U.S. 1122, 102 S. Ct. 3510, 73 L. Ed. 2d 1384 (1982). When relying on this theory, the plaintiff must prove that a violation occurred within the limitations period and that such violation is \"reasonably related\" to prior discriminatory acts alleged. Jewett v. International Telephone and Telegraph Corp., 653 F.2d 89, 91-93 (3d Cir.1981), cert. denied, 454 U.S. 969, 102 S. Ct. 515, 70 L. Ed. 2d 386 (1981). 1. Hostile Environment Sexual Harassment Claim To bring a successful hostile environment harassment claim, plaintiff must show: (1) she suffered intentional discrimination because of her sex; (2) the discrimination was pervasive and regular; (3) the discrimination detrimentally affected her; (4) the discrimination would detrimentally affect a reasonable person of the same sex in that position; and (5) the existence of respondeat superior liability. Andrews v. Philadelphia, 895 F.2d 1469, 1482 (3d Cir.1990). The following is uncontested: (1) Plaintiff's first employment ended with the University in late, August 1993 after the main grant on the Project expired; and (2) in February, 1994, plaintiff was rehired by Petrosky as a consultant to work on the Project. Again, in order to rely on the continuing violations theory, plaintiff must show that a violation 2/16/25, 11:09 Stilley v. Univ. of Pitts. of Com. Sys., 968 F. Supp. 252 (W.D. Pa. 1996) :: Justia 13/24 occurred within the limitations period *263 and that such violation is reasonably related to prior discriminatory acts. Jewett, 653 F.2d at 91-93. Since moving to Harrisburg in October, 1993, plaintiff had practically no contact with Petrosky or anyone else in Pittsburgh. In fact, plaintiff's own deposition testimony reveals that after February, 1994, her interactions with Petrosky \"were minimal\" as she did most of the consulting work in Harrisburg. Appendix in Support of Defendant Petrosky's Motion for Summary, Exhibit B, Deposition of Lori R. Stilley, February 5, 1996 at p. 68. Furthermore, the only alleged \"objectionable\" conduct by Petrosky during the limitations period, was during a phone call when Petrosky allegedly said to Ms. Stilley need you; ... I'm counting on you to do this work....\" Id. The Court of Appeals for the Third Circuit has instructed that \"isolated or sporadic incidents of discrimination, even if intentional, are not sufficient to establish the requisite pattern\" necessary to prove a continuing violations theory. Jewett, 653 F.2d at 91. After considering the facts of record, and giving plaintiff the benefit of all reasonable inferences, the Court finds that plaintiff has not shown that during the limitations period she was harassed or subjected to an abnormal working environment. Accordingly, not being able to rely on the continuing violations theory, plaintiff's Title claims of hostile environment are untimely and barred by 42 U.S.C. \u00a7 2000e-5(e). B. Quid Pro Quo Sexual Harassment claims To prevail under the quid pro quo harassment theory, plaintiff's claim must meet a five- part test: (1) she was a member of a protected class; (2) she was subjected to unwelcome sexual harassment; (3) the harassment complained of was based on sex; (4) submission to the unwelcome advances was an express or implied condition for receiving job benefits or that refusal to submit to the supervisor's sexual demands resulted in a tangible job detriment; and (5) respondeat superior liability exists. Egli v. Stevens, 1993 153141 (E.D.Pa.1993), aff'd without opinion, 17 F.3d 1429 (3d Cir.1994). Although unclear from the Complaint, based on Plaintiffs' Brief in Opposition to Defendants' Summary Judgment, it appears that plaintiff's quid pro quo claims are based on three occurrences: (a) Lori Stilley's exclusion from the Project extension; (b) Petrosky's alleged sabotage of the April 14, 1994 overview; and (c) Lori Stilley's ongoing exclusion from publishing the book about the Project. 2/16/25, 11:09 Stilley v. Univ. of Pitts. of Com. Sys., 968 F. Supp. 252 (W.D. Pa. 1996) :: Justia 14/24 Because she was acting as a student, any alleged \"sabotage of the April 14, 1994 overview\" is not a proper subject for a Title analysis due to the lack of an employer-employee relationship; therefore, the Court will focus only on the two remaining contentions: that plaintiff was excluded from the Project extension and that her ongoing exclusion from publishing a book on the Project amounts to quid pro quo harassment. 1. Exclusion from the Project extension. Plaintiff alleges that Petrosky fired her from the Project in retaliation for her refusal to succumb to his alleged advances. However, Dr. Stephen Koziol testified in his deposition that the amount of funding provided for the extension did not permit the University to retain the original full staff and that Koziol \"took a central role\" in determining the staffing needs for the extension and making recommendations about personnel to be retained. Appendix to Statement of Undisputed Material Facts in Support of the University's Motion for Summary Judgment, Exhibit 4, Deposition of Stephen Koziol, p. 165. \"In order to defeat summary judgment when the defendant answers the plaintiff's prima facie case with legitimate, non-discriminatory reasons for its action, the plaintiff must point to some evidence, direct or circumstantial, from which a factfinder could *264 reasonably either (1) disbelieve the employer's articulated legitimate reasons; or (2) believe that an invidious discriminatory reason was more likely than not a motivating or determinative cause of the employer's action.\" Fuentes v. Perskie, 32 F.3d 759 (3d Cir.1994) (citations omitted). Furthermore, a plaintiff's general and conclusory \"allegations alone are insufficient to establish a material issue of fact.\" Sola v. Lafayette College, 804 F.2d 40, 45 (3d Cir.1986). The Court finds that plaintiff has failed to point to any evidence from which a factfinder could reasonably either disbelieve the University's articulated legitimate reasons for excluding plaintiff from the Project extension or believe that an invidious discriminatory reason was more likely than not a motivating or determinative cause of the University's action in not rehiring plaintiff. 2. Exclusion from Publishing the Book about the Project. In support of her prima facie case, Plaintiff submits six of her own affidavits. In Affidavit 6, she states that one of the reasons for accepting employment on the Project was to [7] 2/16/25, 11:09 Stilley v. Univ. of Pitts. of Com. Sys., 968 F. Supp. 252 (W.D. Pa. 1996) :: Justia 15/24 advance her academic and professional career. Affidavit, # 6. Furthermore, in her brief, plaintiff states that \"[i]t is axiomatic in the world of academics that one must `publish or perish'.\" As discussed above, a plaintiff's general and conclusory \"allegations alone are insufficient to establish a material issue of fact.\" Sola v. Lafayette College, 804 F.2d 40, 45 (3d Cir. 1986). The record contains nothing more than mere speculation on the issue of whether Plaintiff knew a textbook would be written following the Project. Plaintiff has failed to point to any evidence from which a factfinder could reasonably believe that the prospect of publishing a book was an express or implied benefit of working on the Project. Plaintiff's quid pro quo allegations must be dismissed because the record does not provide sufficient factual support for them. For the reasons discussed, the University's motion as to Count will be granted. F. Count 42 U.S.C. \u00a7 1983 against Petrosky Section 1983 provides a civil remedy for acts taken under color of law that deprive \"any citizen of the United States or person within the jurisdiction thereof\" of \"rights, privileges or immunities secured by the Constitution and laws.\" 42 U.S.C. \u00a7 1983. In Wilson v. Garcia, 471 U.S. 261, 105 S. Ct. 1938, 85 L. Ed. 2d 254 (1985), the Supreme Court ruled that the statute of limitations for \u00a7 1983 actions is the limitations period for the relevant state's personal injury statute. Because the instant case arose within the Commonwealth of Pennsylvania, the Court must apply the two-year statute of limitations set forth in 42 Pa.C.S.A. \u00a7 5524(2). The Court of Appeals for the Third Circuit in Bougher v. University of Pittsburgh, 882 F.2d 74 (3d Cir.1989), held that Pennsylvania's personal injury statute of limitations also applies to Title claims. Thus, plaintiff's claims under \u00a7 1983 and Title are governed by Pennsylvania's two-year statute of limitations. Petrosky contends that this action was filed more than two years after the last alleged incident of sexual harassment and, thus, is barred by the applicable statute of limitations. The theory of plaintiffs' case against Petrosky, however, is not simply that Lori R. Stilley was sexually harassed by him, but that Petrosky has engaged, and continues to engage, in retaliatory conduct towards Lori R. Stilley. To prove this, plaintiffs assert they will establish, inter alia, that Petrosky has interfered with Lori R. Stilley's educational pursuits 2/16/25, 11:09 Stilley v. Univ. of Pitts. of Com. Sys., 968 F. Supp. 252 (W.D. Pa. 1996) :: Justia 16/24 at the University of Pittsburgh, has damaged her academic reputation, and has denied Lori R. Stilley certain benefits of employment including, but not limited to: \"(a) denial of professional credit for work on the project as a research associate; (b) denial of the opportunity to use her work on the project to satisfy her dissertation requirement; (c) denial of the opportunity to benefit from publishing her work on the project in her capacity as research associate; and (d) forcing her to start over on her *265 dissertation, and change the subject of her dissertation.\" Complaint at \u00b6 89. Accordingly, the Court finds that there is sufficient record evidence that the alleged violations by Petrosky of plaintiff's constitutional rights continued into the limitations period. Defendant Petrosky's motion for summary judgment on Count will be denied. G. Count 42 U.S.C. \u00a7 1983 against the University In support of its motion for summary judgment on Count VII, the University argues: \"[i]n order to state a claim under 42 U.S.C. \u00a7 1983, a plaintiff must allege a violation of some identifiable constitutionally protected interest.... Plaintiff makes no claims that any of her rights have been violated distinct from her sexual harassment claims....\" University's Brief, at 16. In Stoneking v. Bradford Area School District, the Court of Appeals for the Third Circuit, citing cases dating from 1952, held that the right to be free from an invasion of personal security was clearly established by 1980. 882 F.2d 720, 726-27 (3d Cir.1989), cert. denied, 493 U.S. 1044, 110 S. Ct. 840, 107 L. Ed. 2d 835 (1990) (citations omitted). Consistent with this established law, plaintiff Lori Stilley's allegations in this case rise to the level of violations of clearly established constitutional rights. However, notwithstanding the fact that plaintiff's Complaint identifies a violation of a clearly established constitution right, the University's motion for summary judgment as to Count will be granted, as plaintiffs \u00a7 1983 claims are subsumed by Title by virtue of the Sea Clammers doctrine. In Middlesex County Sewerage Authority v. National Sea Clammers Association, the Supreme Court held: \"[W]hen `a state official is alleged to have violated a federal statute which provides its own comprehensive enforcement scheme, the requirements of that enforcement procedure may not be bypassed by bringing suit directing under \u00a7 1983.'\" 453 U.S. 1, 20, 101 S. Ct. 2615, 2626, 69 L. Ed. 2d 435 (1981). To date, the Court of Appeals for the Third Circuit has addressed twice the applicability of the Sea Clammers doctrine to cases in which a plaintiff asserted claims under Title and \u00a7 1983. See Williams v. School Dist. of Bethlehem, 998 F.2d 168 (3d Cir.1993), cert. denied, 2/16/25, 11:09 Stilley v. Univ. of Pitts. of Com. Sys., 968 F. Supp. 252 (W.D. Pa. 1996) :: Justia 17/24 510 U.S. 1043, 114 S. Ct. 689, 126 L. Ed. 2d 656 (1994) (the complaint included claims under Title IX, \u00a7 1983 and the Pennsylvania Constitution); and Pfeiffer v. Marion Center Area Sch. Dist., 917 F.2d 779 (3d Cir.1990) (the complaint included claims under Title IX, \u00a7\u00a7 1983 and 1985, and state law claims under the Pennsylvania Human Relations Act). In both instances, the Court of Appeals concluded that Title establishes a comprehensive enforcement scheme and therefore held the \u00a7 1983 claims were subsumed within the Title claims. Accordingly, following the directive of the Court of Appeals, the Court finds that the Sea Clammers doctrine dictates that the University's motion for summary judgment as to Count should be granted, as Plaintiff's \u00a7 1983 claims are subsumed by Title IX. H. Count Title Defendant University moves for summary judgment on plaintiff Lori Stilley's claims under Title arguing that there was no intentional discrimination by the University, as the alleged conduct by Petrosky was not within the scope of his employment. In order to prove a prima facie case under Title IX, plaintiff must show: 1. that she was excluded from participation in or denied the benefits of or subjected to discrimination in an educational program; 2. that the program receives federal assistance; and 3. that the exclusion was on the basis of sex, i.e., gender. *266 Bougher v. University of Pittsburgh, 713 F. Supp. 139, 143-44 (W.D.Pa.), aff'd on other grounds, 882 F.2d 74 (3d Cir.1989). In order to receive monetary damages under Title IX, plaintiff must also prove discriminatory intent by the University against her. Franklin v. Gwinnett County Public Schools, 503 U.S. 60, 74-75, 112 S. Ct. 1028, 1037-38, 117 L. Ed. 2d 208 (1992). [8] 2/16/25, 11:09 Stilley v. Univ. of Pitts. of Com. Sys., 968 F. Supp. 252 (W.D. Pa. 1996) :: Justia 18/24 As a threshold matter, the Court must determine what standard applies in reviewing plaintiff's Title claim of liability against the University for the sexual harassment by its professor against a student. Neither the Supreme Court of the United States nor the Court of Appeals for the Third Circuit has addressed what entails the requisite \"intentional discrimination\" needed to sufficiently establish a Title claim. Although in Franklin the Supreme Court did not directly address the issue of a university's liability for the intentional acts of one of its professors, the Court appears to indicate that it would impose liability on a school district or university under agency principles for intentional sex discrimination by its agent, the professor. Id. at 74, 112 S. Ct. at 1037 (quoting Meritor Sav. Bank v. Vinson, 477 U.S. 57, 106 S. Ct. 2399, 91 L. Ed. 2d 49 (1986)). After Franklin, courts have adopted several different approaches in imputing liability to a school district for the sexual harassment by teachers against students, including the following: (1) the agency principles contained in the Restatement (Second) of Agency \u00a7 219(2) (b) (essentially a \"negligent or reckless\" standard); see Rosa H. v. San Elizario Indep. Sch. Dist., 887 F. Supp. 140 (W.D.Tex. 1995); (2) knowledge or direct involvement by the school district; see Howard v. Board of Educ., 876 F. Supp. 959 (N.D.Ill.1995) (involving sexual harassment of an employee rather than a student); (3) the Title standards of employer liability in sexual harassment cases (i.e. \"knew or should have known\" for hostile environment and strict liability for quid pro quo harassment), see Murray v. New York Univ. College of Dentistry, 57 F.3d 243 (2d Cir.1995); Pinkney v. Robinson, 913 F. Supp. 25 (D.D.C.1996) (involving sexual harassment of an employee rather than a student); and (4) strict liability, see Bolon v. Rolla Public Schools, 917 F. Supp. 1423 (E.D.Mo.1996); Doe v. Petaluma City Sch. Dist., 830 F. Supp. 1560, 1574-75 (N.D.Cal.1993) (involving sexual harassment by peers). Like the instant case, in Rosa H. v. San Elizario Independent School District, the district court was faced with the issue of how the discriminatory conduct of a teacher could be imputed to the school district. \"After vociferous disagreement between the parties regarding the form the charge should take,\" the Court submitted issues to the jury based on \u00a7 219 of the Restatement (Second) of Agency. Rosa H., 887 F. Supp. at 142. In reaching its decision, the court decided that in order to impute liability to the school district there must be, in effect, two torts: the intentional tort of the school employee and the negligence tort on the part of the school district. Id. at 143. [9] 2/16/25, 11:09 Stilley v. Univ. of Pitts. of Com. Sys., 968 F. Supp. 252 (W.D. Pa. 1996) :: Justia 19/24 This Court, guided by the Supreme Court's Franklin decision, and adopting the reasoning of the Rosa H. court, holds that intentional discrimination by a professor is imputed to the university under the agency principles contained in the Restatement (Second) of Agency \u00a7 219(2) (b). Having determined that the plaintiff's claims under Title will be analyzed under agency principles, the question presented is whether summary judgment is an appropriate vehicle in which to excuse the defendant university from liability for the *267 intentional acts of its agent, Professor Anthony R. Petrosky. To prevail on a claim of intentional discrimination under Title IX, when applying \u00a7 219(2) (b) of the Restatement (Second) of Agency, the plaintiff must show that: 1. the school district is subject to Title IX; 2. plaintiff was sexually harassed or abused; 3. by an employee of the university; 4. the university had notice, either actual or constructive, of the sexual harassment or abuse; 5. the university failed to take prompt, effective, remedial measures; and, 6. the conduct of the university was negligent. Rosa H., 887 F. Supp. at 143. The Court concludes that the record establishes that genuine issues of material fact exist with regard to whether plaintiff has met all six elements required under \u00a7 219(2) (b) of the 2/16/25, 11:09 Stilley v. Univ. of Pitts. of Com. Sys., 968 F. Supp. 252 (W.D. Pa. 1996) :: Justia 20/24 Restatement (Second) of Agency. Accordingly, the University's motion for summary judgment on Count will be denied As more fully explained in the preceding discussion, Defendants' motions for summary judgment will be granted in part and denied in part. An appropriate order will follow NOW, this 24th day of December, 1996, it is hereby as follows: 1. Defendant EDUCATION, d/b/a (\"the University\") Motion for Summary Judgment (Document No. 24) is as to Count (assault and battery) of Plaintiffs' Complaint. Accordingly, Count of Plaintiffs' Complaint as it relates to the University is PREJUDICE. 2. The University's Motion for Summary Judgment is as to Count (intentional and/or negligent infliction of emotional distress) of Plaintiffs' Complaint. 3. The University's Motion for Summary Judgment is as to Count (loss of consortium) of Plaintiffs' Complaint. 4. The University's Motion for Summary Judgment is as to Count (Title VII) of Plaintiffs' Complaint. Accordingly, Count of Plaintiffs' Complaint is PREJUDICE. 5. The University's Motion for Summary Judgment is as to Count (42 U.S.C. \u00a7 1983) of Plaintiffs' Complaint because those claims are subsumed by Title IX. Accordingly, Count of Plaintiffs' Complaint is PREJUDICE. 6. The University's Motion for Summary Judgment is as to Count (Title IX) of Plaintiffs' Complaint. 2/16/25, 11:09 Stilley v. Univ. of Pitts. of Com. Sys., 968 F. Supp. 252 (W.D. Pa. 1996) :: Justia 21/24 7. Defendant (Document No. 26) as to Count (assault and battery) is GRANTED. Accordingly, Count of Plaintiffs' Complaint as it relates to Petrosky is PREJUDICE. 8. Defendant Petrosky's Motion for Summary Judgment as to Count (intentional inflectional of emotional distress) is DENIED. 9. Defendant Petrosky's Motion for Summary Judgment as to Count (Title VII) is GRANTED. Accordingly, Count of Plaintiffs' Complaint is PREJUDICE. 10. Defendant Petrosky's Motion for Summary Judgment as to Count (42 U.S.C. \u00a7 1983) is [1] Professor Gaea Leinhardt testified in her deposition that she thought the consequence for altering the data required dismissal from the University. App. to Statement of Undisputed Material Facts of the University, Exh. 6, Depo. of Gaea Leinhardt, p. 57. [2] The record shows that plaintiff Lori Stilley complained to the following supervisors about Petrosky's conduct: Sharon Coben (see deposition of Sharon Coben, p. 70); Maria Almasy (see deposition of Maria Almasy, p. 35); and Steven Koziol (see deposition of Lori Stilley, Vol. I, p. 157). [3] An Answer with Affirmative Defenses was filed on behalf of both defendants on April 4, 1995. In their Answer, defendants contend that \"plaintiffs' claims are barred by the applicable statute of limitations.\" Defendants' Answer, \u00a7 154, at 24. [4] The Court notes that plaintiff's claims for intentional and/or negligent infliction of emotional distress arise from her association with the University both as an employee and a student. Therefore, assuming that the exclusive remedy provisions of the Pennsylvania Workers' Compensation Act applies, it would bar plaintiff's claims only as they relate to the sexual harassment of an employee, not as they relate to the sexual harassment of a student. [5] In Paragraph 5 of their Complaint, plaintiffs allege that: At all times material hereto, Defendant Petrosky was acting as an agent, servant, and/or employee of Defendant Pitt, and under color of law in the performance of a public function with the substantial assistance of public funds and grants, and pursuant to the authority of, 2/16/25, 11:09 Stilley v. Univ. of Pitts. of Com. Sys., 968 F. Supp. 252 (W.D. Pa. 1996) :: Justia 22/24 and relationship, with, the Commonwealth of Pennsylvania. At all times pertinent hereto Defendant Petrosky was also the employer of Plaintiff Lori Stilley. (emphasis added). [6] The employment discrimination claim in this case is brought under section 703 of Title VII. The Court notes that a claim for retaliatory action brought under section 703 is quite different from a discrimination claim brought under section 704(a) of Title VII. Section 704 claims generally arise \"post-employment when an employee who has been terminated files an action under Title charging discrimination in discharge only to meet continued harassment from his or her employers in retaliation for the filing of the action.\" Charlton v. Paramus Board of Education, 25 F.3d 194, 197 (3d Cir.1994). Plaintiff in this case is not alleging retaliation for the filing of her claim, but rather that Petrosky has retaliated by sabotaging her academic and professional career because of plaintiff's rejection of his sexual advances. [7] In connection with her dissertation, the relationship between Ms. Stilley and Petrosky was one of student-professor. [8] Title provides, in pertinent part, No person in the United States shall, on the basis of sex, be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. 20 U.S.C. \u00a7 1681(a). [9] Section 219 of the Restatement (Second) of Agency states (1 master is subject to liability for the torts of his servants committed while acting in the scope of their employment. (2 master is not subject to liability for the torts of his servants acting outside the scope of their employment, unless: (a) the master intended the conduct or the consequences, or (b) the master was negligent or reckless, or (c) the conduct violated a non-delegable duty of the master, or (d) the servant purported to act or speak on behalf of the principal and there was reliance upon the apparent authority, or he was aided in accomplishing the tort by the existence of the agency relation. 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. 2/16/25, 11:09 Stilley v. Univ. of Pitts. of Com. Sys., 968 F. Supp. 252 (W.D. Pa. 1996) :: Justia 23/24 This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2/16/25, 11:09 Stilley v. Univ. of Pitts. of Com. Sys., 968 F. Supp. 252 (W.D. Pa. 1996) :: Justia 24/24"} |
7,655 | Stanton Glantz | University of California – Berkeley | [
"7655_101.pdf",
"7655_102.pdf"
] | {"7655_101.pdf": "settles sexual harassment suit involving star researcher By Ivan Oransky and Adam MarcusOct. 16, 2018 Stanton Glantz of the University of California, San Francisco Nick Ut he University of California, San Francisco, has agreed to pay a former postdoc $150,000 to settle a sexual harassment lawsuit involving a prominent tobacco researcher on its faculty. In the settlement, dated last month, Stanton Glantz, director of the Center for Tobacco Control Research and Education, and \u201cdeny and dispute\u201d the allegations by the former postdoc, Dr. Eunice Neeley, who now is a resident in family medicine at Emory University in Atlanta. In a lawsuit filed last December, Neeley claimed that Glantz, who was her supervisor, sexually harassed her \u2014 making lurid remarks, ogling her breasts repeatedly, and forcing her to hug him on several occasions \u2014 beginning during her interview for a job in 2015. She also claimed that he refused to include her name on a research paper. Glantz agreed in the settlement to transfer ownership over the paper, and control over where it is published, to Neeley. And the university agreed to hold a two-hour training on sexual harassment and sensitivity for all employees and managers of Glantz\u2019s tobacco research center. Glantz continues to deny the allegations, and places the blame for the dispute over the paper on the fact that Neeley submitted it twice without his approval, while listing him as an author. He indicated in a statement posted on his website that he was willing to keep fighting the case with Neeley \u2014 but that the financial toll was too great. \u201cThe decision to settle this case was made by the [University of California] Regents, with my concurrence, that settling the case was preferable to the continuing costs of years of litigation.\u201d 2/16/25, 11:09 settles sexual harassment suit involving star researcher 1/3 Within days of the settlement, the university notified Neeley that it was considering taking action of its own. An internal investigation had concluded in December that Glantz\u2019s conduct \u201ccomprised hostile work environment sexual harassment,\u201d though it did not find evidence to support a number of Neeley\u2019s allegations, according to a report obtained by and Retraction Watch second complainant\u2019s name was redacted from the report, which recommended that the university \u201ctake remedial action Chancellor Sam Hawgood subsequently accepted the conclusions of a faculty committee \u201cthat there is probable cause that Dr. Glantz\u2019 conduct violated the Faculty Code of Conduct,\u201d according to a Sept. 14 letter, also provided to and Retraction Watch. That letter, signed by Brian K. Alldredge, UCSF\u2019s vice provost for academic affairs, and sent to Neeley, says that had notified Glantz that, as discipline, it proposed he undergo training on sexual harassment and proper workplace conduct. In addition, the school proposed that it put a letter of censure in Glantz\u2019s personnel file that would remain for five years. Glantz, Alldredge wrote, could have the letter of censure removed more quickly if, at his own expense, he completes at least six sessions of anti-harassment training provided by an outside vendor and \u201cthere are no further reports of inappropriate behavior in violation of University policies\u201d during a one-year period. Glantz was given 15 business days to accept or decline the chancellor\u2019s proposed discipline; if he declined, the matter would be referred to the school\u2019s Academic Senate, or he could attempt to negotiate a resolution with the university. Asked whether he had agreed to the chancellor\u2019s terms, Glantz said university policy prevented him from commenting further said it could not comment because \u201cthe disciplinary process is not yet complete.\u201d Last December, a day after BuzzFeed News reported on Neeley\u2019s suit, Glantz posted a response in which he denied \u201cevery claim reported to be included in this lawsuit.\u201d As for the authorship dispute, he cited a June 21, 2017, letter to the journal in which officials stated that \u201cthe reason that Dr. Glantz did not include Dr. Neeley as an author when he initially submitted the manuscript on May 26, 2017 was that, despite repeated requests, Dr. Neeley had refused to grant Dr. Glantz permission to include her as an author on the paper.\u201d The June 21 letter came a week after two officials sent Neeley an email demanding that she \u201ccease submitting this manuscript to any journal or any other venue for publication\u201d because she had twice submitted it without Glantz\u2019s approval. According to Glantz, he and Neeley each submitted their own versions of the paper \u2014 on a project called the total exposure study, or \u2014 to the journal Cancer Epidemiology, Biomarkers and Prevention. Glantz\u2019s version did not include Neeley, while hers omitted a postdoc who had worked on the project. Glantz wrote that the journal rejected both articles because of the authorship issues. Glantz then tried again to get their work published, this time in the journal Tobacco Control. The journal rejected the manuscript. On Nov. 9, 2017, Neeley\u2019s attorneys wrote a letter to the American Association for Cancer Research, which publishes Cancer Epidemiology, Biomarkers and Prevention, saying that they were planning to sue Glantz and UCSF, and asking that the journal \u201cconfirm you will not publish Dr. Neeley\u2019s paper without her being named as the primary author or we will proceed accordingly.\u201d Attorneys for the responded four days later to say that the paper was not being published in any of the association\u2019s journals. In a statement posted on his website last month, Glantz said he decided to cede the ground to Neeley as part of the settlement. \u201cMy reason for doing so is that had already decided to abandon efforts to publish the 2/16/25, 11:09 settles sexual harassment suit involving star researcher 2/3 manuscript due to the issues raised by Tobacco Control\u2019s peer reviewers,\u201d he wrote. Neither Neeley nor her attorney, Kelly Armstrong, responded to requests for comment. Born in 1946, Glantz has been dubbed the \u201cRalph Nader of the anti-tobacco movement major figure in the field for decades, he has conducted research on the adverse health effects of smoking as well as public policy surrounding tobacco. In 1994, Glantz gave UCSF, which he joined in 1975, his collection of tobacco-related papers \u2014 including more than 4,000 pages of internal documents from the Brown & Williamson tobacco company \u2014 helping build the institution\u2019s Tobacco Control Archives. His work helped lay the foundation for the 1998 \u201cmaster settlement agreement\u201d between 46 U.S. attorneys general, five other jurisdictions, and the country\u2019s largest tobacco companies \u2014 a deal worth nearly $250 billion over 25 years \u2014 but Glantz opposed the pact on the ground that it allowed the firms to stay in business and sell their products in the developing world. Glantz, who has been awarded tens of millions of dollars in grants for his work \u2014 including most recently a five- year, $20 million award from the National Institutes of Health and the Food and Drug Administration \u2014 still faces a sexual harassment suit filed by research associate Juliette Jackson. Jackson alleges that Glantz leered at her breasts, and that she was \u201ctreated differently than other employees because of her race,\u201d the San Francisco Examiner reported. Glantz denies those claims. This story is a collaboration between and Retraction Watch. About the Authors Ivan Oransky Columnist, The Watchdogs Ivan covers scientific publishing and retractions. @ivanoransky Adam Marcus Columnist, The Watchdogs Adam covers scientific publishing and retractions. @armarcus To submit a correction request, please visit our Contact Us page. 1/3 2/16/25, 11:09 settles sexual harassment suit involving star researcher 3/3", "7655_102.pdf": "Stanton Glantz Born 1946 (age 78\u201379) Cleveland, Ohio Alma mater University of Cincinnati, Stanford University Known for Research into health effects of tobacco and regulation of tobacco products Spouse Marsha Glantz Children Aaron and Frieda Glantz Awards Elected to the Institute of Medicine in 2005 Scientific career Fields Cardiology, public health Institutions University of California, San Francisco Thesis mathematical approach to cardiac muscle physiology (http s:// 10) (1973) Stanton Glantz Stanton Arnold Glantz (born 1946) is an American professor, author, and tobacco control activist. Glantz is a faculty member at the University of California, San Francisco (UCSF) School of Medicine, where he is a Professor of Medicine (retired) in the Division of Cardiology, the American Legacy Foundation Distinguished Professor of Tobacco Control, and former director of the Center for Tobacco Control Research and Education.[1] Glantz's research focused on the health effects of tobacco smoking. Described as the \"Ralph Nader of the anti-tobacco movement,\"[2][3] Glantz is an activist for nonsmokers' rights and an advocate of public health policies to reduce smoking. He is the author of four books, including The Cigarette Papers[4] and Primer of Biostatistics.[5] Glantz is also a member of the Cardiovascular Research Institute and Institute for Health Policy Studies,[6] and co-leader of the Comprehensive Cancer Center Tobacco Program. He was elected to the Institute of Medicine in 2005. In 2017, Glantz was sued by a former postdoctoral researcher for alleged sexual harassment and retaliation. While internally found that Glantz had \"more likely than not\" engaged in harassment and had violated the faculty code of conduct,[7] Glantz and publicly denied the allegations and settled the lawsuit for $150,000.[8] In 2018, a second former employee sued Glantz for harassment; Glantz and denied these allegations as well.[9] Glantz was the first of two children born in Cleveland, Ohio to Louis Glantz, an insurance salesman, and Frieda, a real estate broker. As a youth, Glantz took a great interest in the Soviet Union's Sputnik 1 satellite.[10] He was a member of the Boy Scouts of America, where he achieved the top rank of Eagle Scout, and earned a Bronze Palm for further achievements.[11] Life and career 2/16/25, 11:09 Stanton Glantz - Wikipedia 1/8 Glantz obtained a B.Sc. in aerospace engineering from the University of Cincinnati in 1969, an M.Sc. in applied mechanics from Stanford University in 1970, and in 1973, a Ph.D. from Stanford in applied mechanics (concentrating on the mechanics of the human heart) and engineering-economic systems is a Stanford department created in the late 1960s, integrating computers and engineering in \"methods of systems and economic analysis to engineering problems involving policy and decision making, both in government and industry\").[12] Concurrently with his studies, he worked at NASA's Manned Spacecraft Center, first as a student trainee, then as an aerospace engineer. In 1973, Glantz carried out postdoctoral research on the mathematical modeling of heart tissue at Stanford, and then at the UCSF, where he has worked since 1977.[11][13] He served for 10 years as an Associate Editor of the Journal of the American College of Cardiology and is a member of the California State Scientific Review Panel on Toxic Air Contaminants of the California Air Resources Board. He is married to Marsha, a home-care nurse; and is the father of journalist Aaron Glantz and daughter Frieda Glantz.[10] In 2005, he was elected to the prestigious Institute of Medicine.[14] Known for being blunt and abrasive, Glantz embraces his public image and controversial positions on smoking, on occasion wearing a \"Here Comes Trouble\" T-shirt.[2][15] Glantz conducts research on a wide range of issues including the effects of secondhand smoke on the heart by studying reductions in heart attacks observed when smoke-free policies are enacted, and how the tobacco industry fights tobacco control programs. His research on the effects of secondhand smoke on blood and blood vessels concludes that, in terms of heart disease, the effects of secondhand smoke are nearly as large as those of smoking.[16] One such study demonstrated a large and rapid reduction in the number of people admitted to the hospital with heart attacks in Helena, Montana,[17] after that community made all workplaces and public places smokefree. Glantz is author or coauthor of numerous publications related to secondhand smoke and tobacco control, as well as many papers on cardiovascular function and biostatistics. He published the first study linking e-cigarettes to heart attacks in people.[18] He has written several books, including the widely used Primer of Biostatistics (which has been translated into Japanese, French, Russian, German, Italian, Japanese and Spanish), and Primer of Applied Regression and Analysis of Variance. In total, he is the author of 4 books and over 400 scientific papers, including the first major review (published in Circulation) which identified secondhand smoke as a cause of heart disease and the landmark 1995 Journal of the American Medical Association summary of the Brown & Williamson documents, which showed that the tobacco industry knew nicotine was addictive and that smoking caused cancer 30 years ago.[19] This publication was followed up with his book, The Cigarette Papers,[4] which has played a key role in the ongoing litigation surrounding the tobacco industry. His book Tobacco Wars: Inside the California Battles[20] chronicles the last quarter century of activism against the tobacco industry in California. Working with the Library, Glantz helped in making over 90 million pages of previously secret tobacco industry documents available via the internet on the Truth Tobacco Industry Documents, formerly known as the Legacy Tobacco Documents Library.[21] In February 2013, a paper co-authored by Glantz was published in the journal Tobacco Control. Entitled \"\u2018To quarterback Research 2/16/25, 11:09 Stanton Glantz - Wikipedia 2/8 behind the scenes, third-party efforts\u2019: the tobacco industry and the Tea Party\", the paper detailed how the Tea Party political movement was funded and organized by organizations which were created by tobacco companies.[22] In March 2014 Glantz released a study concluding that \"e-cigarette use is aggravating rather than ameliorating the tobacco epidemic among youths.\"[23] Thomas J. Glynn, a researcher at the American Cancer Society, responded that \"The data in this study do not allow many of the broad conclusions that it draws\"[24] In 2018, the National Academies of Science, Engineering and Medicine reviewed all the available evidence on e-cigarettes and youth and concluded that \u201cthere is substantial evidence that e-cigarette use increases risk of ever using combustible cigarettes among youth and young adults.\"[25] In March 2024, Glantz and colleagues published \"Population-Based Disease Odds for E-Cigarettes and Dual Use versus Cigarettes\" in Evidence reporting the associations between e-cigarette use and disease. Based on 107 peer reviewed studies of e-cigarette use in the real world, they concluded that, \u201cDirect epidemiological evidence based on actual use of e-cigarettes in the general population suggests that, at least for cardiovascular disease, stroke, and metabolic dysfunction, the odds of disease between current e-cigarette and cigarette use were similar. For asthma, COPD, and oral disease, although lower than with cigarettes, the odds of disease were still substantial.\u201d[26] The paper also concluded that dual use (using e-cigarettes and cigarettes at the same time) is riskier than smoking alone for all outcomes. The paper has been criticized by an e-cigarette advocate.[27] Glantz responded that all these potential criticisms were addressed in the paper or its technical appendix.[28] Glantz has been a leading researcher and activist in the nonsmokers' rights movement since 1978, when he helped lead an unsuccessful state initiative campaign to enact a nonsmokers' rights law by popular vote. In 1983, he helped successfully defend the San Francisco Workplace Smoking Ordinance against a tobacco industry-supported attempt to repeal it by referendum.[29] The San Francisco victory represented the first electoral defeat of such a tobacco industry sponsored referendum, and is now viewed as a major turning point in the battle for nonsmokers' rights.[13] He is one of the founders of Americans for Nonsmokers' Rights. In 1982 he was part of a group of health activists who resurrected the last remaining copy of the film Death in the West, previously suppressed by Philip Morris,[30][31] and developed an accompanying mini-course for fifth to tenth graders that has been used by over one million students.[2][13][32] He helped write and produce the films Secondhand Smoke, which concerns the health effects of involuntary smoking, and 120,000 Lives, which presents evidence that smoking in the movies recruits adolescent smokers and proposes solutions for reducing this effect.[13] He also wrote Tobacco: Biology and Politics[33] for high school students and The Uninvited Guest, a story about secondhand smoke, for second graders. In May, 1994, Glantz received at his office two boxes containing 4,000 documents leaked from Brown & Williamson, the third largest cigarette manufacturer at the time. The material provided the first definitive proof that the tobacco industry had known for 30 years that nicotine was addictive and caused cancer, and had hidden that knowledge from the public. The documents became a Activism 2/16/25, 11:09 Stanton Glantz - Wikipedia 3/8 landmark in tobacco litigation, medical scholarship, government policy, and corporate control of information.[34][35] With four co-authors, Glantz analyzed the documents and, with extensive excerpts, published the findings as The Cigarette Papers. Glantz appears in several investigative documentaries: Cigarette Wars (2011), a examination of how the tobacco industry in America \"continues to thrive\";[36] and Merchants of Doubt (2014), based on the non-fiction book, Merchants of Doubt, in which the leaked Brown & Williamson tobacco documents play a key role in illustrating tactics created by tobacco companies and copied by others.[37] Glantz was also an opponent[38] of the Tobacco Master Settlement Agreement (MSA), the \"global settlement\" of tobacco litigation proposed in 1996, in which the tobacco industry was to be granted de facto immunity from further litigation in exchange for payments to the states and acceptance of regulation by the U.S. Food and Drug Administration.[39] The tobacco industry turned against and defeated this compromise, and defeated legislation introduced in Congress by Senator John McCain (R-AZ), after some public health advocates succeeded in getting the immunity provisions removed. Many of the provisions of the \"global settlement\"\u2014but not the immunity or provisions\u2014were implemented by the (MSA) between the attorneys general of 46 states and the large tobacco companies. Glantz' analysis of the two agreements concluded that the included most of the desirable provisions of the global settlement without the immunity provisions. In particular, the immunity provisions in the global settlement would have prevented the massive (and successful) federal Racketeer Influenced and Corrupt Organizations Act (RICO) lawsuit that the Department of Justice won against the tobacco industry in 2007. He is now running a website, SmokeFreeMedia ( which is working to end depictions of tobacco use in movies. In July, 2023, the Oral History Center ( er/about) at the University of California Bancroft Library published an oral history of Glantz' career (h ttps://digicoll.lib.berkeley.edu/record/267781). The history follows Glantz from elementary school through college and graduate school, including work to develop the emergency protocols for the Apollo 5 mission while still an undergraduate, and research on the relationship between the Department of Defense funding and university research while at Stanford. Guided by Paul Burnett, an historian of science and director of the Oral History Center, the history discusses how Glantz moved from rocket science to cardiovascular research and public health and talks about the practicalities of working at the interface between science and public policy. Also discussed is Glantz' administrative service to and the larger University of California system, including advocating for fair and equitable treatment of graduate and post-doctoral students, adjunct and clinical faculty, and research into the feasibility of restoring free high-quality higher education in California. Oral history published by University of California 2/16/25, 11:09 Stanton Glantz - Wikipedia 4/8 On December 6, 2017, Dr. Eunice Neeley, a former postdoctoral researcher working with Dr. Glantz at UCSF, filed a complaint of sexual harassment against him in San Francisco Superior Court, alleging that Glantz subjected her to misogynistic, racially and sexually insensitive behavior from 2015 to 2017.[40][41] Dr. Neeley also alleged that when she complained about the harassment to the University, Dr. Glantz retaliated by removing her name from a research paper she had co- authored.[42] The Associate Vice Chancellor and Research Integrity Officer, Chairman of the Department of Medicine, and Director of the Cardiovascular Research Institute informed the intended journal, American Association for Cancer Research, by letter that \"the reason that Dr. Glantz did not include Dr. Neely as an author when he initially submitted the manuscript on May 26, 2017 was that, despite repeated requests, Dr. Neeley had refused to grant Dr. Glantz permission to include her as an author on the paper.\"[43] Confidential internal investigations concluded that Glantz had \"more likely than not\" harassed the former researcher, and that his conduct constituted \"hostile work environment sexual harassment\" which violated the Faculty Code of Conduct.[7][8] In September 2018, the Regents of the University of California and Dr. Glantz executed a settlement agreement resolving Dr. Neeley\u2019s lawsuit against the Regents and Dr. Glantz personally.[44] This settlement agreement, signed by all parties, stated that the Regents and Dr. Glantz denied Dr. Neeley\u2019s allegations. In 2018, a second former employee filed a sexual-harassment lawsuit against Glantz; the University of California and Glantz denied these allegations as well.[9] 1. \"Faculty Profiles\" ( UCSF. Retrieved 18 March 2014. 2. Robinson, Mark. \"Tilting at Tobacco\" ( e_id=43514). Stanford University. Retrieved 16 December 2014. 3 settles sexual harassment suit involving star researcher\" ( 10/16/stanton-glantz-ucsf-sexual-harrassment/). STAT. 2018-10-16. Retrieved 2019-01-07. 4. S. Glantz, et al., \"The Cigarette Papers\", University of California Press, 1996 ( rk:/13030/ft8489p25j/) 5. S. Glantz, Primer of Biostatistics ( n+A+Glantz) (6 ed), McGraw-Hill, 2005 6. \"Faculty\" ( y). ucsf.edu. Archived from the original ( on 2014-02-21. 7. Asimov, Nanette (October 19, 2018 agrees to $150K settlement over sexual harassment claim\" ( -13318878.php). San Francisco Chronicle. 8. Oransky, Ivan; Marcus, Adam (October 16, 2018 settles sexual harassment suit involving star researcher\" ( STAT. Harassment allegations References 2/16/25, 11:09 Stanton Glantz - Wikipedia 5/8 9. Waxmann, Laura (March 28, 2018 professor faces second sexual harassment lawsuit\" (h ttps:// San Francisco Examiner. 10. Howe, Rob (20 May 1996). \"Battle of the Butts\" ( 0141324,00.html). People. Archived ( ople.com/people/archive/article/0,,20141324,00.html) from the original on 27 April 2015. Retrieved 19 April 2015. () 11. \"Stanton A. Glantz, PhD\" ( University of California. Retrieved 18 December 2014. 12. \"Our History\" ( Stanford Engineering (Stanford University). Retrieved 18 December 2014. 13. \"Stanton A. Glantz, PhD\" ( u/people/stanton-glantz-phd). University of California. Archived from the original ( y.ucsf.edu/people/stanton-glantz-phd) on 16 December 2014. Retrieved 16 December 2014. 14. \"Stanton Glantz, PhD\" ( s/sglantz). University of California, San Francisco. Archived from the original ( edu/users/sglantz) on 4 December 2010. Retrieved 19 April 2015. 15. Bach, John. \"Anti-smoking crusader: Stanton Glantz, Eng '69\" ( 9/crusader.html Magazine (University of Cincinnati). Retrieved 18 December 2014. 16. Barnoya, J; Glantz (24 May 2005). \"Cardiovascular effects of secondhand smoke: nearly as large as smoking\" ( Circulation. 111 (20): 2684\u201398. doi:10.1161/CIRCULATIONAHA.104.492215 ( ATIONAHA.104.492215 15911719 ( 17. Sargent, Richard P.; Shepard, R. M.; Glantz, S. A. (5 April 2004). \"The Helena Study (Abstract)\" (h ttp:// BMJ. 328 (7446): 977\u2013980. doi:10.1136/bmj.38055.715683.55 ( 404491 ( 15066887 ( bmed.ncbi.nlm.nih.gov/15066887). Retrieved 2007-05-01. 18. Alzahrani, T; Pena, I; Temesgen, N; Glantz (Oct 2018). \"Association Between Electronic Cigarette Use and Myocardial Infarction\" ( 1). American Journal of Preventive Medicine. 55 (4): 455\u2013461. doi:10.1016/j.amepre.2018.05.004 ( 6208321 ( mc/articles/PMC6208321 30166079 ( 19. Glantz, SA; Barnes, DE; Bero, L; Hanauer, P; Slade (1995). \"Looking through a keyhole at the tobacco industry. The Brown and Williamson documents\". JAMA. 274 (3): 219\u201324. doi:10.1001/jama.1995.03530030039032 ( 2 7609230 ( 20. S. Glantz and E. Balbach. \"Tobacco War: Inside the California Battles\" ( 30/ft167nb0vq/), University of California Press, 2000 21 Frontline, Interview with Stanton Glantz ( erviews/glantz.html) for Smoke in the Eye ( 1999. 22. \"Study Confirms Tea Party Was Created by Big Tobacco and Billionaire Koch Brothers\" ( w.huffingtonpost.com/brendan-demelle/study-confirms-tea-party-_b_2663125.html). The Huffington Post. 11 February 2013. 23 Pediatrics, 6 March 2014, Electronic Cigarettes and Conventional Cigarette Use Among Adolescents ( retrieved 6 Mar 2014 2/16/25, 11:09 Stanton Glantz - Wikipedia 6/8 24. Sabrina Tavernise, \"Young Using E-Cigarettes Smoke Too, Study Finds\" ( m/2014/03/07/health/young-users-of-e-cigarettes-less-likely-to-quit-smoking-study-finds.html?hpw &rref=health&_r=1) New York Times March 6, 2014 25. National Academies of Sciences, Engineering, and Medicine; Health And Medicine, Division; Board on Population Health and Public Health Practice; Committee on the Review of the Health Effects of Electronic Nicotine Delivery Systems; Eaton, D. L.; Kwan, L. Y.; Stratton, K. (2018). Stratton, Kathleen; Kwan, Leslie Y.; Eaton, David L. (eds.). Public Health Consequences of E- Cigarettes : Health and Medicine Division ( ealth-consequences-of-e-cigarettes.aspx). The National Academies Press. doi:10.17226/24952 (ht tps://doi.org/10.17226%2F24952 9780309468343 29894118 ( m.nih.gov/29894118). {{cite book}}: |website= ignored (help) 26. Glantz, SA; Nguyen, N; Oliveira da Silva (2024). Population-Based Disease Odds for E- Cigarettes and Dual Use versus Cigarettes Evidence, 27. Glantz, Stanton A.; Nguyen, Nhung (27 February 2024). \"Population-Based Disease Odds for E- Cigarettes and Dual Use versus Cigarettes\" ( 19DA0D48C37FA8D8). 28. Glantz, Stanton A.; Nguyen, Nhung; Oliveira Da Silva, A. L. (27 February 2024). \"Population- Based Disease Odds for E-Cigarettes and Dual Use versus Cigarettes\" ( cations/9E38A75C420D1F19DA0D48C37FA8D8#2 Evidence. 3 (3): EVIDoa2300229. doi:10.1056/EVIDoa2300229 ( 11562742 (http s:// 38411454 ( nih.gov/38411454). 29. \"Tobacco Control Archives\" ( University of California, San Francisco. Retrieved 6 March 2019. 30. Hochschild, Adam (March 1996). \"Shoot-Out in Marlboro Country (cont'd)\" ( es.com/politics/1996/03/shoot-out-marlboro-country-contd). Mother Jones. Retrieved June 2, 2013. 31. \" 'Death in the West' to be resurrected\" ( 20511&id=3_A9AAAAIBAJ&pg=4909,1826559). The Herald (Glasgow). May 11, 1982. p. 6. Retrieved June 2, 2014. 32. \"ree Curriculum Guide and Broadcast of 'death in the West' 000129 and 000131\" ( ive.org/web/20141216135029/ Tobacco Documents Online. Archived from the original ( 0.html) on 2014-12-16. Retrieved 16 December 2014. 33. S. Glantz, Tobacco: Biology and Politics ( d=1&prodid=J742) Archived ( ecatalog.org/ProductDetails.aspx?id=1&prodid=J742) 2007-03-01 at the Wayback Machine HealthEdCo 34. Karen Butter; Robin Chandler & John Kunze (November 1996). \"The Cigarette Papers: Issues in Publishing Materials in Multiple Formats\" ( D- Lib Magazine. 35. Wiener, Jon (1 January 1996). \"The Cigarette Papers\" ( smoke/readings/wienerarticle.html). PBS. Retrieved 17 December 2014. This is an authorized reprint of an article that appeared in The Nation in 1994. 36. \"Cigarette Wars\" ( CNBC. 3 February 2012. Retrieved 8 March 2015. 37. \"Merchants of Doubt\" ( Sony Pictures Classics. Retrieved 8 March 2015. 2/16/25, 11:09 Stanton Glantz - Wikipedia 7/8 38 Frontline, Interview with Stanton Glantz ( tlement/interviews/glantz.html) for Inside the Tobacco Deal ( ine/shows/settlement/), 1997 39. Brion J. Fox J.D., James M. Lightwood Ph.D., and Stanton A. Glantz Ph Public Health Analysis of the Proposed Resolution of [the 1997 United States] Tobacco Litigation\" (February 1, 1998). Center for Tobacco Control Research and Education. Tobacco Control Policy Making: United States. Paper US1998. 40 High-Profile Anti-Tobacco Crusader Is Being Sued For Sexual Harassment\" ( ed.com/stephaniemlee/stanton-glantz-sexual-harassment-lawsuit). Buzzfeed. December 7, 2017. 41. \"Former researcher sues regents professor for alleged sex harassment\" (http:// harassment/). The Daily Californian. December 7, 2017. 42 professor, prominent tobacco control activist accused of sexual harassment by former mentee\" ( exual-harassment-former-mentee/). San Francisco Examiner. 43. O'Lonergan, Theresa letter to American Association for Cancer Research (PDF)\" ( obacco.ucsf.edu/sites/g/files/tkssra4661/f/PAVLOVCAK%20Gregory_06-21-17.pdf) (PDF). Retrieved 2 January 2021. 44. \"Settlement Agreement and Release of All Claims (PDF)\" ( sra4661/f/wysiwyg/Neeley%2C%20Eunice%20-%20Settlement%20Agreement.PDF) (PDF). Retrieved 13 November 2020. Center for Tobacco Control Research and Education ( SmokeFreeMovies ( Retrieved from \" External links 2/16/25, 11:09 Stanton Glantz - Wikipedia 8/8"} |
8,856 | Kory Lee Gill | Texas A&M University | [
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] | {"8856_101.pdf": "38\u00b0 Bryan \uf0c9 News Weather Sports STATION, Texas Brazos Valley doctor who worked for Texas University is charged with sexually assaulting two female patients last year, according to probable cause statements obtained by following his arrest this week in Brazos County. Dr. Kory Lee Gill, 44, of College Station, is charged with two counts of sexual assault. Online jail records show Gill was booked into the Brazos County Detention Center on Wednesday and released the same day on bonds totaling $60,000. According to the university, Gill specializes in primary care sports medicine and was on the medical staff of Texas Athletics, and served as an assistant professor of Family & Community Medicine at Texas College of Medicine. Gill was also the director of the Texas Family Medicine Residency Sports Medicine Program and is affiliated with several other healthcare facilities in the Bryan-College Station area. The first accusation against Gill surfaced in early 2022 when the survivor went to the police to share her story, according to arrest reports filed by the Bryan Police Department. She told investigators that she met Gill at a clinic on A&M\u2019s campus and complained of pain and he offered to treat her for free. The report says the first few treatments happened in front of students as Gill was \u201cusing her as a teaching tool for the residents.\u201d Local doctor who worked for Texas accused of sexually assaulting patients Dr. Kory Gill was fired by Texas University following a Title investigation in February and is now facing criminal charges. Dr. Kory Gill was fired by Texas University following a Title investigation in February and is now facing criminal charges. (Brazos County Detention Center) By Rusty Surette Published: May. 5, 2022 at 8:28 | Updated: May. 6, 2022 at 10:28 2/16/25, 11:10 Local doctor who worked for Texas accused of sexually assaulting patients 1/5 The fourth treatment occurred at a privately-owned clinic in the area where Gill was contracted to do work through the Health Science Center, according to sources who are familiar with the investigation. At that meeting, in November 2021, the survivor said Gill was drinking whiskey when she arrived and he also offered a drink. The patient said she took one sip and immediately began to feel \u201cbuzzed.\u201d The report goes on to say Gill offered her a second drink and she accepted it \u201cbecause the procedure was painful and the defendant told her it was going to hurt.\u201d The survivor said during the treatment is when she was sexually assaulted by Gill and then blacked out. She told police she woke up several hours later at her home and didn\u2019t remember how she got there. According to the report, the patient later confronted Gill about the assault, and she claims he became emotional and apologized. Not long after the first survivor came forward, a second woman came forward and said the same thing happened to her while under the care of Gill, according to the probable cause statement. Bryan police say they were notified by a Title investigator of the new allegations from a woman who said she went to Gill for an exercise-related injury and he offered her free medical treatment. In April 2021, the woman said she was offered alcohol by Gill, and on her final visit with him, he appeared to be \u201cmore intoxicated than usual.\u201d It was during this visit she said she was sexually assaulted. According to two sources familiar with the investigation, Gill was fired by Texas University following a Title investigation in February has also confirmed that Gill is no longer working at the clinic where the first alleged assault occurred because he was only contracted to do work there through the university. The same source said alcohol is not and has never been allowed at the workplace, and they were unaware of Gill\u2019s use of whiskey while on the job has reached out to several departments at Texas University for comment on this story. The law office of James, Reynolds, Spiegelhauer & Ask is representing Gill. \u201c[The law office] is proud to be representing Dr. Kory Gill in regards [to] the allegations that were publicized recently. Dr. Gill is presumed innocent under the law, and we intend to fight these allegations and clear his name in court,\u201d Gill\u2019s representation said in a statement sent to KBTX. Copyright 2022 KBTX. All rights reserved. Most Read Missing Robertson County man found deceased High school student planned \u2018Parkland part two\u2019 in Valentine\u2019s Day school shooting, police say ALERT: Another taste of winter coming this week 2/16/25, 11:10 Local doctor who worked for Texas accused of sexually assaulting patients 2/5 Latest News \uf144 Bryan homeowner says she can\u2019t get her mail delivered because of an issue with community mailboxes Counterfeit $100 bills featuring President Trump seen in circulation \uf144 Draft state budgets show no increase for basic allotment funding Texas men\u2019s basketball sixth overall in Tournament bracket preview \uf144 Game Rundown: Texas men\u2019s basketball notches 20th season win over Arkansas Brazos Valley leaders meet with lawmakers to oppose federal funding for high-speed rail \uf144 \uf144 A&M\u2019s Marcus Ratcliffe provides overseas trip for veteran through Mission 3:12 2/16/25, 11:10 Local doctor who worked for Texas accused of sexually assaulting patients 3/5 High speed pursuit spanning multiple counties ends in Hempstead, driver in custody ALERT: Another taste of winter coming this week \uf144 Otaku Food & Anime Festival brings art, entertainment and flavor to College Station Otaku Food & Anime Festival \uf144 Upcoming Winter Weather - February 15 \uf144 Saturday Evening Weather Update - February 15 \uf144 2/16/25, 11:10 Local doctor who worked for Texas accused of sexually assaulting patients 4/5 Statement Public Inspection File Applications Terms of Service Privacy Policy Advertising Digital Marketing publicfile@kbtx.com - (979) 846-7777 Closed Captioning/Audio Description Customize At Gray, our journalists report, write, edit and produce the news content that informs the communities we serve. Click here to learn more about our approach to artificial intelligence Gray Local Media Station \u00a9 2002-2025 Home News Weather Sports Community Calendar User Content About Us 4141 E. 29th Street Bryan 77802 (979) 846-7777 2/16/25, 11:10 Local doctor who worked for Texas accused of sexually assaulting patients 5/5", "8856_102.pdf": "\uf0e78 weather alerts \uf002 \uf26c Watch Now Quick links... By: Khadeeja Umana Former Texas physician arrested on two charges of sexual assault \uf09a\ue61b\uf0e0 undefined undefined Menu 2/16/25, 11:10 Former Texas physician arrested on two charges of sexual assault 1/3 Posted 9:42 PM, May 05, 2022 Brazos Valley doctor and former physician for Texas athletics was arrested on two charges of sexual assault this week. Kory Lee Gill, 44, of College Station, is charged with two counts of sexual assault and was released on bonds totaling $60,000 following his arrest on Wednesday, according to online jail records. Gill worked as a Primary Care and Sports Medicine Fellowship Program Director at the Texas Health Science Center. According to a probable cause statement, police began a sexual assault investigation earlier this year and were notified about the second instance of assault not long after Title investigator had notified police about a possible second survivor, according to the statement. Both survivors were hesitant to report the abuse because Gill was \"well-known' and a \"well-loved member of the community,\" according to statements. Copyright 2022 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Sign up for the Headlines Newsletter and receive up to date information. E-mail Submit Twitter List by @15abcnews 2/16/25, 11:10 Former Texas physician arrested on two charges of sexual assault 2/3 Watch News Sports Weather Traffic Don't Waste Your Money Support Sitemap Do Not Sell My Info Privacy Policy Privacy Center Journalism Ethics Guidelines Terms of Use Careers Public File Public File Application Public File Contact Us Accessibility Statement Scripps Media Trust Center Closed Captioning Contact Scripps Local Media \u00a9 2025 Scripps Media, Inc Give Light and the People Will Find Their Own Way \uf09a \uf16d \ue61b 2/16/25, 11:10 Former Texas physician arrested on two charges of sexual assault 3/3", "8856_103.pdf": "Former Texas team physician accused of sexually assaulting 2 women Taisha Walker, Reporter Published: May 6, 2022 at 12:31 Updated: May 6, 2022 at 9:28 Tags: Texas University, TAMU, Sexual Assault STATION, Texas former Texas team physician has bonded out of jail after being accused of sexually assaulting at least two women, Brazos County Sheriff\u2019s Office records show. 5 warnings in effect for 3 counties in the area Former Texas Harris County community on al\u2026 Massuer accused of\u2026 Former state\u2026 Man accuse 5 2 2/16/25, 11:10 Former Texas team physician accused of sexually assaulting 2 women 1/5 Kory Lee Gill, 44, has been charged with two counts of sexual assault. One of the offenses was dated in April 2021, and the second in November of that year, according to records. University officials confirm that Gill was employed at since 2009 and hired by the Health and Science Department. He served as the director of the Primary Care and Sports Medicine Fellowship Program, but was terminated in February after the allegations surfaced. The official said Gill only occasionally helped out with their athletic programs, and no students were believed to have been harmed. Gill is accused of sexually assaulting a fellow staff member, and another person who has no affiliation with the university. One of his accusers allege that, in November 2021, Gill sexually assaulted her after giving her a strange drink at his office which made her foggy. The woman claimed Gill was drinking whiskey out of a mug. He was reportedly treating her for hip pain when the alleged assault took place. The woman said Gill apologized to her afterward, saying his actions were \u201cirresponsible and unprofessional,\u201d according to documents. Investigators said text messages between Gill and the accuser corroborate the two were together when the alleged assault took place. The second accuser told investigators Gill was also drinking alcohol from a mug when she said he inappropriately touched her. According to documents, the women said they didn\u2019t think anyone would believe them because Gill was a well-known doctor. Gill was arrested Wednesday and has since been released after posting a collective $60,000 bond. Bond was set at $30,000 for each charge 2\u2032s Taisha Walker visited Gill\u2019s home in Bryan on Friday man who identified himself as Gill\u2019s stepfather said Gill was not available because he was at work and that the allegations in the publications were not true. The man also said Gill\u2019s attorney would be providing a statement in the near future 2 reached out to the university multiple times for comment to no avail. Copyright 2022 by Click2Houston - All rights reserved. 2/16/25, 11:10 Former Texas team physician accused of sexually assaulting 2 women 2/5 Recommended Videos CLICK2SAVE 2/16/25, 11:10 Former Texas team physician accused of sexually assaulting 2 women 3/5 Freshen your space with this NASA-inspired odor eliminator \u2014 no filters needed Elevate your style and beauty game with these Insider Deals 2/16/25, 11:10 Former Texas team physician accused of sexually assaulting 2 women 4/5 Omne Results Logo Listings Email Newsletters Feeds Contests and Rules Contact Us Meet the Team Careers at Closed Captioning / Audio Description Public File Current Report Terms of Use Privacy Policy Do Not Sell My Info Applications Cookie Preferences If you need help with the Public File, call (713) 778-4745. At KPRC, we are committed to informing and delighting our audience. In our commitment to covering our communities with innovation and excellence, we incorporate Artificial Intelligence (AI) technologies to enhance our news gathering, reporting, and presentation processes. Read our article to see how we are using Artificial Intelligence. Graham Media Copyright \u00a9 2025 Click2Houston.com is managed by Graham Digital and published by Graham Media Group, a division of Graham Holdings 2/16/25, 11:10 Former Texas team physician accused of sexually assaulting 2 women 5/5", "8856_104.pdf": "College Station - Texas University Sports Doctor, Dr. Kory Lee Gill, Arrested For Sexually Assaulting Two Patients Published: May 6, 2022 By: Darla Medina Legal Analysis By Attorneys Find Local Lawyer Breaking Legal News 2/16/25, 11:10 Attorney Commentary | Dr. Kory Lee Gill, a Texas University Sports Doctor, Arrested For Sexual Assault 1/8 Last Updated on May 11, 2022 University Sports Doctor Accused of Sexually Assaulting Two Patients Live 5 News has reported that sexual assault charges have been filed against a sports doctor at Texas University located at Administration Building, 400 Bizzell St, College Station 77843. On Wednesday, May 4, 2022, 44-year-old Dr. Kory Lee Gill was arrested. Gill specialized in primary care sports medicine and was employed with the Texas Athletics Department. Previously, Gill was an assistant professor of Family & Community Medicine for the Texas College of Medicine. He also worked with healthcare facilities in the area of Bryan-College Station. The investigation began after the first female victim reported she was sexually assaulted during her fourth treatment as his patient in November 2021. She was offered free treatment, and during the session, the medical professional offered her a drink of alcohol before sexually assaulting her. The victim claimed she blacked out and woke up inside her home, not knowing how she got there. When she confronted Gill, he apologized and became emotional. The second victim's story is similar. The doctor also offered to treat her for no charge. During a session in April 2021, Gill offered her alcohol and sexually assaulted her. 2/16/25, 11:10 Attorney Commentary | Dr. Kory Lee Gill, a Texas University Sports Doctor, Arrested For Sexual Assault 2/8 Gill has been fired by the university and no longer serves the healthcare facilities in the area. He is facing two counts of sexual assault. Hello, I\u2019m attorney Anjali Nigam. If you or a loved one is a survivor of a similar accident, I\u2019d be happy to discuss your legal options. Call for a free consultation, it would be my honor to help you. (888) 997-3792 Can Sue a Doctor For Sexual Assault? Texas attorney contributor Anjali Nigam represents victims of doctor sexual assault in civil lawsuits. Anjali recently shared some information regarding the legal rights of victims sexually assaulted by a sports doctor. Patients expect that medical professionals, including sports doctors on a university campus, will provide them with the medical treatment needed to heal while conducting themselves respectfully and professionally. Most medical doctors are respectful professionals, but sadly there have been numerous reports of patients being sexually assaulted by their medical providers. Patients should know they have legal rights to seek the justice they deserve while holding any parties accountable for the abuse.\" \"Too often, sexual abuse occurs due to the medical facility's negligence. Whether they failed to provide basic safety procedures to reduce the 2/16/25, 11:10 Attorney Commentary | Dr. Kory Lee Gill, a Texas University Sports Doctor, Arrested For Sexual Assault 3/8 risk or if they ignored complaints of misconduct, they could be held liable. In addition to the university that oversees the office, a medical facility would be responsible for conducting background checks on all staff members and requiring chaperones during exams. If a facility fails to offer necessary precautions, it could be considered negligent. Additionally, if there were reports of misconduct by a doctor, an investigation should be done to prevent further abuse.\" \"Victims abused by a sports doctor are encouraged to speak with an experienced doctor sexual assault attorney. Compensation may be available for patients in addition to holding those responsible accountable for their negligence.\" Sources: Live 5 News 2/16/25, 11:10 Attorney Commentary | Dr. Kory Lee Gill, a Texas University Sports Doctor, Arrested For Sexual Assault 4/8 Got Tip Or Questions About Story? Call Us! The Legal Herald 888-997-3792 About the Author About Darla Medina 2/16/25, 11:10 Attorney Commentary | Dr. Kory Lee Gill, a Texas University Sports Doctor, Arrested For Sexual Assault 5/8 Editor: Darla is a content writer with a focus on the legal field. She covers cases of sexual abuse, drunk driving, and preventable violent crime for the Legal Herald. Contact Darla: darla@legalherald.com This article was fact checked prior to publishing by this author to ensure compliance with our rigorous editorial standards. We will only use authoritative sources. Our values compel us to provide only trustworthy information. If you find an error, please contact us. Read some recent posts Incident Next First Name Last Name Email * Phone * Date It Happened * 1 2 2/16/25, 11:10 Attorney Commentary | Dr. Kory Lee Gill, a Texas University Sports Doctor, Arrested For Sexual Assault 6/8 Home // Rape & Sexual Assault Victim - Lawyer Commentary // College Station - Texas University Sports Doctor, Dr. Kory Lee Gill, Arrested For Sexually Assaulting Two Patients 2/16/25, 11:10 Attorney Commentary | Dr. Kory Lee Gill, a Texas University Sports Doctor, Arrested For Sexual Assault 7/8 Want To Contribute Breaking News? Contact Us Today info@legalherald.com 25 2nd Ave Ste 550 #922 Miami 33131 Call: (888) 997-3792 \u00a9 2025 The Legal Herald. All rights reserved. We would like our readers to know that the information in this story may be sourced from secondary sources and may therefore contain inaccuracies. We will correct them if and when they are brought to our attention or we discover them through our editing process. If you have any concerns about this post, please contact us immediately and we will rectify issues. DISCLAIMER: The material contained in this post is for general informational purposes. It is not intended to constitute or express legal or medical advice. Any laws referenced herein are substantially based on general legal principles and may not be applicable to your particular situation. Laws can often be different from one jurisdiction to the next. The Legal Herald is not a law firm. Law firms and lawyers from around the country may apply to become a sponsor or contributor to The Legal Herald. Sitemap Media Room Disclaimer / Terms Of Service & Privacy Policy 2/16/25, 11:10 Attorney Commentary | Dr. Kory Lee Gill, a Texas University Sports Doctor, Arrested For Sexual Assault 8/8", "8856_105.pdf": "Texas team doctor charged with sexually assaulting 2 patients By Snejana Farberov Published May 6, 2022, 5:28 p.m Former Texas team doctor Kory Lee Gill was charged with two counts of sexual assault. 7 Catholic schools announce in past month alone they are... JPMorgan analyst fired after publicly questioning CEO\u2026 Elon silenc conse News Metro Long Island Politics World News 2/16/25, 11:10 Texas team doctor charged with sexually assaulting 2 patients 1/5 former Texas team physician has been accused of sexually assaulting two female patients, after plying them with alcohol during medical treatments. Dr. Kory Lee Gill, 44, was arrested Wednesday on two counts of sexual assault stemming from two separate incidents that took place in the spring and fall of 2021. According to a university rep, neither one of the alleged victims was a student at A&M. Texas officials said that Gill was fired from his job as director of the Primary Care and Sports Medicine Fellowship Program in February 2022, following a Title investigation that was sparked by allegations of wrongdoing, reported KBTX. He had worked at the university since 2009 reported that Gill has been accused of sexually assaulting a colleague and another woman with no ties to the university graduate of Kansas City University of Medicine and Biosciences College of Osteopathic Medicine, Gill specializes in sports medicine and served as an assistant professor of Family & Community Medicine at Texas College of Medicine, where he had completed his residency in 2008 Texas measles cases swell to 48, marking state\u2019s worst outbreak in three decades Texas death row inmate mouths final 2-word message to victims\u2019 families before execution Texas launches probe into controversial Chinese app DeepSeek: \u2018Stealing the data of our citizens\u2019 2/16/25, 11:10 Texas team doctor charged with sexually assaulting 2 patients 2/5 The investigation into Gill began unfolding in the first weeks of 2022, when a woman went to the Bryan Police Department, saying that the physician sexually assaulted her in November 2021, after offering her whiskey that caused her to black out, according to a probable cause statement cited by KBTX. The woman said she first met Gill at a clinic on A&M\u2019s campus and complained to him of hip pain. He offered to help her for free, and the first three treatments took place in front of residents as part of their training, the court filing alleged. The fourth appointment occurred at a private clinic, according to sources familiar with the case. On that occasion in November of last year, the patient claimed that Gill was drinking whiskey and offered her a sip, which immediately made her feel \u201cbuzzed.\u201d The woman said she accepted a second drink from Gill because the treatment was painful and he warned her that it would hurt, according to the documents. The patient claimed she was sexually assaulted by Gill during the treatment and then lost consciousness. She told police she later woke up at her house but could not remember how she got there. When the patient later reached out to Gill to confront him about the alleged assault, she said he apologized to her, the filing alleged. Not long after the first case came to light, a second woman contacted the police, claiming that she was sexually assaulted by Gill during a medical appointment. The patient reportedly said that in April 2021, Gill offered her an alcoholic beverage while treating her exercise-related back injury for free, and then allegedly sexually assaulted her. Gill was released from jail Wednesday after posting $60,000 bond law firm representing him said in a statement that the doctor \u201cis presumed innocent under the law,\u201d and that his legal team plans to fight the allegations against him \u201cand clear his name in court , 5/6/22 Gabby Petito's mom files lawsuit against Brian Laundrie's 2/16/25, 11:10 Texas team doctor charged with sexually assaulting 2 patients 3/5 33 People Reacted What's your reaction to this article? Top Notch 76 So-so 3 Next! 14 'White Lotus' Season 3 is finally here \u2014How to watch for free, release time 2/16/25, 11:10 Texas team doctor charged with sexually assaulting 2 patients 4/5 \u00a9 2025 Holdings, Inc. All Rights Reserved Terms of Use Membership Terms Privacy Notice Sitemap Your California Privacy Rights Chevy Chase attends 50' special after slamming show \u2014 and nearly coming to blows with Bill Murray 2/16/25, 11:10 Texas team doctor charged with sexually assaulting 2 patients 5/5", "8856_107.pdf": "47\u00b0 New Orleans 2 Weather Alerts In Effect \uf00d \uf0c9 Live Video News STATION, Texas (KBTX/Gray News doctor who worked for Texas University is under investigation after being charged with sexually assaulting two female patients last year reports Dr. Kory Lee Gill, 44, was booked into the Brazos County Detention Center on Wednesday on two counts of sexual assault. According to the university, Gill specialized in primary care sports medicine and was on the medical staff of Texas Athletics. He also served as an assistant professor of Family & Community Medicine at the Texas College of Medicine. The 44-year-old was also affiliated with several other healthcare facilities in the Bryan-College Station area. According to arrest reports from the Bryan Police Department, the first accusation against Gill surfaced earlier this year when a woman went to police to share her story. Police said the woman told them she first met Gill at a clinic on A&M\u2019s campus when she complained of pain, and he offered to treat her for free. During a fourth treatment session in November 2021, the woman said Gill was drinking whiskey, and she had a drink with him as he told her the procedure would hurt. The woman said she was sexually assaulted during this treatment. She blacked out and woke up hours later at her home but didn\u2019t remember how she got there. Report: University fires sports medicine doctor amid sexual assault allegations Dr. Kory Gill has reportedly been fired by Texas University and facing sexual assault charges. (Brazos County Detention Center) By Rusty Surette and Jordan Gartner Published: May. 5, 2022 at 10:00 2/16/25, 11:11 Report: University fires sports medicine doctor amid sexual assault allegations 1/4 According to the report, she later confronted Gill about the assault, and he became emotional and apologized. Bryan police said an investigator also notified them about new allegations from another woman who said she went to Gill for an exercise-related injury that he offered free treatment. The woman told police that during a treatment session in April 2021, she was offered alcohol by Gill, and he appeared to be more intoxicated than usual. The woman said she was sexually assaulted during this visit and never returned. According to reports, Gill has since been fired by and no longer works at a clinic where he was contracted to do work through the university. The 44-year-old continues to face criminal charges related to the ongoing investigation. Copyright 2022 via Gray Media Group, Inc. All rights reserved. Most Read Grandparents of Bourbon Street victim killed Saturday by alleged impaired driver in Gretna \uf144 Suspect arrested in connection to death of Kansas City reporter in New Orleans for Super Bowl \uf144 Kenner Police reveal new evidence in death of Kansas City reporter \uf144 Mom of 2 kids who froze to death while sleeping in a van says she asked for help: \u2018I\u2019m sorry, but tried\u2019 Reports: JCPenney to close stores nationwide. Here\u2019s the list 2/16/25, 11:11 Report: University fires sports medicine doctor amid sexual assault allegations 2/4 Latest News \uf144 I-TEAM: Small child with dairy allergy forced to clean up feces at school after drinking milk Why was Taylor Swift booed at the Super Bowl? \uf144 The cost of a sinking airport Deadly storm topples trees, floods roads across eastern \uf144 Grandparents of Bourbon Street victim killed Saturday by alleged impaired driver in Gretna \uf144 \uf144 William Byron avoids late wrecks to win his 2nd straight Daytona 500 \uf144 Grandfather dies after falling through frozen lake during ice fishing trip 2/16/25, 11:11 Report: University fires sports medicine doctor amid sexual assault allegations 3/4 Trump administration cuts reach employees in food safety, medical devices and tobacco products \uf144 LeBron James sits out All-Star Game, ending 20-year streak of starts \uf144 Woman accused of killing her boyfriend after going through his phone confirms an EF-1 tornado in Washington Parish Public Inspection File PUBLICFILE@FOX8LIVE - (504) 486-6161 Terms of Service Privacy Policy Statement Applications Advertising Digital Marketing Closed Captioning/Audio Description At Gray, our journalists report, write, edit and produce the news content that informs the communities we serve. Click here to learn more about our approach to artificial intelligence Gray Local Media Station \u00a9 2002-2025 News Live Weather Sports Investigations Espa\u00f1ol Now 1025 S. Norman C. Francis Pkwy. New Orleans 70125 (504) 486-6161 2/16/25, 11:11 Report: University fires sports medicine doctor amid sexual assault allegations 4/4"} |
7,402 | Kelley Edward Edley | Kaplan College | [
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] | {"7402_101.pdf": "Nursing Instructor Sexually Assaulted Student: Jurors By R. Stickney \u2022 Published August 31, 2010 \u2022 Updated on August 31, 2010 at 11:53 am The North County nursing instructor was convicted Monday on charges of sexual battery by restraint, false imprisonment and drug possession. Jurors found Kelley Edward Edley, 41, guilty of sexually assaulting three women including a co-worker and a student, according to our media partners the North County Times. Edley was arrested on charges of assault with intent to commit rape, sexual battery and false imprisonment, Vista sheriff's Detective Dave Brannan said. \u201cIn each case, he held a position of \u201ctrust\u201d over the victims, or was a coworker,\u201d Sgt. Art Wager said at the time of Edley's arrest in December 2009. In two of the three cases the victims were acquainted with Edley either as co-workers at health care facilities or a teacher/student relationship at Kaplan College in Vista. Edley was found not guilty of assault with intent to commit rape in connection with one victim and the judge dismissed the other count in that case, a felony sexual battery, according to Edley's defense attorney Rich Berkon. That charge then became a misdemeanor. Edley's sentencing date is set for Oct. 12. Watch News 24/7 \ud83c\udfeb Supporting Our Schools \ud83d\udcfa Free Streaming 24/7 \ud83c\udfa7 News Podcast \ud83d\udcc3 Ex\u2026 2/16/25, 11:11 Nursing Instructor Sexually Assaulted Student: Jurors 7 San Diego 1/2 Weather Forecast 55\u00b0 Partly Cloudy 0% Precip 51 65 7 Public Inspection File Accessibility Employment Information Send Feedback Applications Terms of Service Privacy Policy Cookie Notice Advertise with us Careers at 7 Notice Ad Choices Copyright \u00a9 2025 NBCUniversal Media, LLC. All rights reserved 2/16/25, 11:11 Nursing Instructor Sexually Assaulted Student: Jurors 7 San Diego 2/2", "7402_102.pdf": "By By | | sandiegouniontribune@sduniontribune.com sandiegouniontribune@sduniontribune.com UPDATED: UPDATED: August 30, 2016 at 7:17 August 30, 2016 at 7:17 Three women allegedly assaulted by Kelley Edley, a North Countynursing Three women allegedly assaulted by Kelley Edley, a North Countynursing instructor and caregiver, didn\u2019t feel vulnerable in hiscompany, according to instructor and caregiver, didn\u2019t feel vulnerable in hiscompany, according to testimony Monday at the Vista Courthouse. testimony Monday at the Vista Courthouse. One was Edley\u2019s longtime friend. Another was his co-worker at aCarlsbad One was Edley\u2019s longtime friend. Another was his co-worker at aCarlsbad nursing home. And one was a student in Edley\u2019s nursingclass at Vista\u2019s Kaplan nursing home. And one was a student in Edley\u2019s nursingclass at Vista\u2019s Kaplan College. College. But Edley, 41, allegedly abused their trust to sexually assaultthe three women. But Edley, 41, allegedly abused their trust to sexually assaultthe three women. After a preliminary hearing that includedtestimony from two of the victims, After a preliminary hearing that includedtestimony from two of the victims, Superior Court Judge Joan Weberruled that Edley should stand trial on 11 Superior Court Judge Joan Weberruled that Edley should stand trial on 11 felony charges, includingassault with intent to commit rape, sexual battery by felony charges, includingassault with intent to commit rape, sexual battery by restraint andfalse imprisonment. restraint andfalse imprisonment. She also ordered him to trial on four counts of drug possessionbecause She also ordered him to trial on four counts of drug possessionbecause detectives said they found illegal prescription opiates andmeth in his San detectives said they found illegal prescription opiates andmeth in his San Marcos apartment. Marcos apartment REGION: Former nursing REGION: Former nursing instructor ordered to trial in instructor ordered to trial in sexual assaults sexual assaults 2/16/25, 11:11 REGION: Former nursing instructor ordered to trial in sexual assaults \u2013 San Diego Union-Tribune 1/4 He faces a maximum of 13 years and 4 months in prison ifconvicted of all the He faces a maximum of 13 years and 4 months in prison ifconvicted of all the charges, Deputy District Attorney Roy Laisaid. charges, Deputy District Attorney Roy Laisaid. Edley has been in jail on $350,000 bail since his arrest inDecember, which Edley has been in jail on $350,000 bail since his arrest inDecember, which came about 11 months after a student alleged thatthe nursing instructor had came about 11 months after a student alleged thatthe nursing instructor had forced his hand down her pants after anight class, according to Vista sheriff\u2019s forced his hand down her pants after anight class, according to Vista sheriff\u2019s Detective DaveBrennan. Detective DaveBrennan. Prior to the January 2009 allegation, San Marcos deputies andCarlsbad police Prior to the January 2009 allegation, San Marcos deputies andCarlsbad police had investigated Edley in connection with attackson two other women. Edley had investigated Edley in connection with attackson two other women. Edley is now charged in connection with those2001 and 2008 assaults. is now charged in connection with those2001 and 2008 assaults. It was unclear Monday why charges had not come earlier, thoughcourt It was unclear Monday why charges had not come earlier, thoughcourt documents and testimony suggest the alleged victims werehesitant to go documents and testimony suggest the alleged victims werehesitant to go forward with prosecution. Those women testifiedMonday. forward with prosecution. Those women testifiedMonday. Edley\u2019s attorney, Richard Berkon, said there was \u201cmore thanmeets the eye\u201d to Edley\u2019s attorney, Richard Berkon, said there was \u201cmore thanmeets the eye\u201d to the womens\u2019 allegations. He suggested there wassome kind of consent or the womens\u2019 allegations. He suggested there wassome kind of consent or romantic relationship between Edley andeach of the victims. romantic relationship between Edley andeach of the victims. However, Monday\u2019s testimony described sexual assaults that tookeach However, Monday\u2019s testimony described sexual assaults that tookeach woman by surprise. woman by surprise. Brennan said the Vista nursing student reported that she andanother student Brennan said the Vista nursing student reported that she andanother student stayed to help straighten the classroom after anevening lab session at Kaplan stayed to help straighten the classroom after anevening lab session at Kaplan College in January 2009. College in January 2009. When the other student left, Edley told the remaining woman she\u201dlooked When the other student left, Edley told the remaining woman she\u201dlooked pretty good for having had three children,\u201d Brennansaid. pretty good for having had three children,\u201d Brennansaid. Then, all at once, he pulled open the elastic waistband of hermedical scrubs Then, all at once, he pulled open the elastic waistband of hermedical scrubs and groped her sexually through her underwear,Brennan said. and groped her sexually through her underwear,Brennan said. The student protested, and he stopped, the detective said. Buthe allegedly The student protested, and he stopped, the detective said. Buthe allegedly begged her not to report the incident, saying he couldget in trouble, the begged her not to report the incident, saying he couldget in trouble, the detective said. detective said. The woman left the classroom and reported the assault the nextday. She and The woman left the classroom and reported the assault the nextday. She and the other women are not being named because the NorthCounty Times does the other women are not being named because the NorthCounty Times does not typically name victims of sexual assault. not typically name victims of sexual assault woman, who appeared to be in her mid-20s, testified Mondaythat she was woman, who appeared to be in her mid-20s, testified Mondaythat she was on the graveyard shift at the Brighton Gardensassisted-living home in on the graveyard shift at the Brighton Gardensassisted-living home in Carlsbad in May 2008 when Edley asked herto help him look for something in Carlsbad in May 2008 when Edley asked herto help him look for something in an isolated back office. Shedescribed Edley as a co-worker she hardly knew. an isolated back office. Shedescribed Edley as a co-worker she hardly knew. 2/16/25, 11:11 REGION: Former nursing instructor ordered to trial in sexual assaults \u2013 San Diego Union-Tribune 2/4 Originally Published: Originally Published: March 29, 2010 at 9:32 March 29, 2010 at 9:32 After she entered the office, he flipped off the lights, lockedthe door and After she entered the office, he flipped off the lights, lockedthe door and pinned her against a counter, gripping her tightly bythe biceps and tried to pinned her against a counter, gripping her tightly bythe biceps and tried to kiss her as she turned her head, shesaid. kiss her as she turned her head, shesaid. As he loosed his grip on her arm to plunge his hand down hershirt, she was As he loosed his grip on her arm to plunge his hand down hershirt, she was able to run away, she said. able to run away, she said. \u201cHe tried to grab me to pull me back towards him,\u201d she said. \u201cHe tried to grab me to pull me back towards him,\u201d she said. She said Edley followed her to an elevator and asked if shewanted to meet for She said Edley followed her to an elevator and asked if shewanted to meet for sex the next night. sex the next night. When asked to identify Edley in court, the woman glancedobliquely at the When asked to identify Edley in court, the woman glancedobliquely at the defendant, telling Lai she didn\u2019t want to look athim. defendant, telling Lai she didn\u2019t want to look athim. Dressed in his blue jail uniform, the average-sized man withclosely cropped Dressed in his blue jail uniform, the average-sized man withclosely cropped dark hair and a youthful face showed littleexpression as he listened to the dark hair and a youthful face showed littleexpression as he listened to the testimony. testimony. Edley\u2019s first alleged victim testified Monday that she met himin the mid-\u201990s Edley\u2019s first alleged victim testified Monday that she met himin the mid-\u201990s while babysitting his toddler son for him and hisex-wife. while babysitting his toddler son for him and hisex-wife. Even after Edley\u2019s son moved out of state with his mother, whenthe boy was Even after Edley\u2019s son moved out of state with his mother, whenthe boy was in town, Edley would occasionally take him to visit thewoman and her in town, Edley would occasionally take him to visit thewoman and her husband at their San Diego home, she said. husband at their San Diego home, she said. In September 2001, she said she went to Edley\u2019s San Marcosapartment to In September 2001, she said she went to Edley\u2019s San Marcosapartment to return some toys his son had left on the lastvisit. return some toys his son had left on the lastvisit. The composed woman who appeared to be in her 30s broke down atthat The composed woman who appeared to be in her 30s broke down atthat point in her testimony, taking a break to breathe and wipe hereyes. point in her testimony, taking a break to breathe and wipe hereyes. Continuing, the woman said she was viewing photos of his son onthe couch Continuing, the woman said she was viewing photos of his son onthe couch with Edley when he suddenly pulled her legs up and pushedher down on the with Edley when he suddenly pulled her legs up and pushedher down on the sofa. Pinning her with his body, he held her handsup above her head with sofa. Pinning her with his body, he held her handsup above her head with one hand, and, with the other, groped underher shirt and up her skirt, she one hand, and, with the other, groped underher shirt and up her skirt, she said. said was freaked out and scared,\u201d she said was freaked out and scared,\u201d she said. Eventually, she fought her way out from under Edley and ran tothe door, she Eventually, she fought her way out from under Edley and ran tothe door, she said. said. Call staff writer Sarah Gordon at 760-740-3517. Call staff writer Sarah Gordon at 760-740-3517. 2/16/25, 11:11 REGION: Former nursing instructor ordered to trial in sexual assaults \u2013 San Diego Union-Tribune 3/4 2010 2010 \ue907 \ue907March March \ue907 \ue90729 29 2/16/25, 11:11 REGION: Former nursing instructor ordered to trial in sexual assaults \u2013 San Diego Union-Tribune 4/4", "7402_103.pdf": "By By UPDATED: UPDATED: September 1, 2016 at 5:32 September 1, 2016 at 5:32 Originally Published: Originally Published: November 19, 2010 at 8:14 November 19, 2010 at 8:14 66 \u2014 \u2014 6 San Marcos man convicted of sexually assaulting three women, 6 San Marcos man convicted of sexually assaulting three women, one of whom was his student at a North County nursing college, was one of whom was his student at a North County nursing college, was sentenced Friday to five years and four months in prison. sentenced Friday to five years and four months in prison. Kelley Edward Edley, 41, was convicted in August of 10 felony and Kelley Edward Edley, 41, was convicted in August of 10 felony and misdemeanor counts, including assault with intent to commit rape, false misdemeanor counts, including assault with intent to commit rape, false imprisonment, possession of a controlled substance and sexual battery. imprisonment, possession of a controlled substance and sexual battery. The victims ranged in age from 20 to 35. The victims ranged in age from 20 to 35. Deputy District Attorney Roy Lai said Edley was charged in Vista Superior Deputy District Attorney Roy Lai said Edley was charged in Vista Superior Court in connection with three separate incidents, the earliest of which Court in connection with three separate incidents, the earliest of which occurred in 2001. The second was in 2007 at a nursing home. The last occurred in 2001. The second was in 2007 at a nursing home. The last occurred in 2009 at Kaplan College in Vista, where Edley worked as an occurred in 2009 at Kaplan College in Vista, where Edley worked as an instructor. He was arrested Dec. 21. instructor. He was arrested Dec. 21. The drug charges stemmed from a search conducted the next day at Edley\u2019s The drug charges stemmed from a search conducted the next day at Edley\u2019s residence, where investigators found methamphetamine and prescription residence, where investigators found methamphetamine and prescription drugs including OxyContin, and morphine, that had been stolen from a drugs including OxyContin, and morphine, that had been stolen from a medical facility, the prosecutor said. medical facility, the prosecutor said San Marcos man convicted of San Marcos man convicted of sexual assault sentenced to sexual assault sentenced to prison prison 2/16/25, 11:11 San Marcos man convicted of sexual assault sentenced to prison \u2013 San Diego Union-Tribune 1/2 2010 2010 \ue907 \ue907November November \ue907 \ue90719 19 2/16/25, 11:11 San Marcos man convicted of sexual assault sentenced to prison \u2013 San Diego Union-Tribune 2/2", "7402_104.pdf": "By By JIM\u00c9NEZ JIM\u00c9NEZ UPDATED: UPDATED: August 30, 2016 at 2:10 August 30, 2016 at 2:10 40-year-old man from San Marcos was arrested on 40-year-old man from San Marcos was arrested on suspicion of sexual battery, assault and false imprisonment and sheriff\u2019s suspicion of sexual battery, assault and false imprisonment and sheriff\u2019s detectives want to know if there are any more victims out there. detectives want to know if there are any more victims out there. Kelley Edward Edley is accused of committing the acts while either working at Kelley Edward Edley is accused of committing the acts while either working at various health-care facilities around the county or as a teacher at Kaplan various health-care facilities around the county or as a teacher at Kaplan College in Vista, said Sheriff\u2019s Detective Sergeant Art Wager. The victims, College in Vista, said Sheriff\u2019s Detective Sergeant Art Wager. The victims, whose ages range between 20 to 35, knew Edley as a co-worker or were his whose ages range between 20 to 35, knew Edley as a co-worker or were his students, Wager said. students, Wager said. The accusations date as far back as 2001. Detectives from the sheriff\u2019s Vista The accusations date as far back as 2001. Detectives from the sheriff\u2019s Vista station investigated the case and found other potential victims in Carlsbad station investigated the case and found other potential victims in Carlsbad and San Marcos. Detectives declined to release more specific information as and San Marcos. Detectives declined to release more specific information as the investigation is ongoing. the investigation is ongoing. Edley was arrested Dec. 21 near his San Marcos home and booked into Vista Edley was arrested Dec. 21 near his San Marcos home and booked into Vista jail on two counts of suspicion of sexual battery, two counts of suspicion of jail on two counts of suspicion of sexual battery, two counts of suspicion of assault with intent to commit rape and one count of suspicion of false assault with intent to commit rape and one count of suspicion of false imprisonment. He remains held in lieu of bail. imprisonment. He remains held in lieu of bail. Anyone with information on Edley or who may be a victim can call sheriff\u2019s Anyone with information on Edley or who may be a victim can call sheriff\u2019s Detective Dave Brannan at (760) 940-4551 or contact Crime Stoppers by Detective Dave Brannan at (760) 940-4551 or contact Crime Stoppers by sending a text or e-mail message through its Web site sending a text or e-mail message through its Web site or by calling (888) 580-8477. or by calling (888) 580-8477 San Marcos man arrested in sex San Marcos man arrested in sex assaults assaults 2/16/25, 11:11 San Marcos man arrested in sex assaults \u2013 San Diego Union-Tribune 1/2 2009 2009 \ue907 \ue907December December \ue907 \ue90729 29 Originally Published: Originally Published: December 29, 2009 at 8:41 December 29, 2009 at 8:41 2/16/25, 11:11 San Marcos man arrested in sex assaults \u2013 San Diego Union-Tribune 2/2", "7402_105.pdf": "Nurse Accused of Sex Assault Published December 30, 2009 \u2022 Updated on December 30, 2009 at 8:15 am North County nursing instructor and caregiver accused of sexually assaulting students and co- workers may have other victims, detectives said. Kelley Edward Edley, 40, was arrested last on charges of assault with intent to commit rape, sexual battery and false imprisonment, Vista sheriff's Detective Dave Brannan said. In two of the three cases the victims were acquainted with Edley either as co-workers at health care facilities or a teacher/student relationship at Kaplan College in Vista. \u201cIn each case, he held a position of \u201ctrust\u201d over the victims, or was a coworker,\u201d Sgt. Art Wager said. Edley pleaded not guilty and is being held at the Vista jail on $350,000 bail, the North County Times reported spokeswoman for Kaplan College told the paper Edley had not worked there for almost a year. He also worked as a licensed vocational nurse at facilities around North County and in San Diego. The victims range in ages from 20-35. Local 7 & Telemundo 20 are SCHOOLS! Help make an impact on the education of San Diego County students 28 Watch News 24/7 \ud83c\udfeb Supporting Our Schools \ud83d\udcfa Free Streaming 24/7 \ud83c\udfa7 News Podcast \ud83d\udcc3 Ex\u2026 2/16/25, 11:12 Nurse Accused of Sex Assault 7 San Diego 1/3 Ludvig Aberg rallies down the stretch at Torrey Pines to win the Genesis Invitational Anyone with information about other possible victims should call (760) 940-4551. Weather Forecast 55\u00b0 Partly Cloudy 0% Precip 51 65 7 Public Inspection File Accessibility Employment Information Send Feedback Applications Terms of Service Privacy Policy Cookie Notice Advertise with us Careers at 7 Notice Ad Choices 1 2/16/25, 11:12 Nurse Accused of Sex Assault 7 San Diego 2/3 Copyright \u00a9 2025 NBCUniversal Media, LLC. All rights reserved 2/16/25, 11:12 Nurse Accused of Sex Assault 7 San Diego 3/3"} |
7,671 | Howard D’Abrera | University of California – Berkeley | [
"7671_101.pdf",
"7671_102.pdf",
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] | {"7671_101.pdf": "On the University of California, IV: Sexual Harassment, \u201cRespect,\u201d and Tenure at Berkeley Hank Reichman / April 18, 2016 This is the fourth in a series of posts on issues in the University of California system, the nation\u2019s premier public research institution. Previous posts in the series may be found here, here, and here. On Friday, the University of California at Berkeley announced that Provost Claude Steele is stepping down from his position, citing his wife\u2019s poor health can no longer offer Berkeley the time and level of commitment it needs from its (executive vice chancellor/provost), while at the same time being a part of my family in the way want to be,\u201d Steele said. There\u2019s no reason to question this explanation, but Steele\u2019s resignation comes amid a widely publicized sexual harassment scandal during which the provost has been sharply criticized for his role in the discipline of prominent faculty members and administrators accused of sexual harassment, including his initial decision to allow law school Dean Sujit Choudhry to remain in his job after a campus investigation found him to have violated the sexual harassment policy by giving his executive assistant unwanted hugs and kisses. Steele was also criticized for what some have deemed a conflict of interest: He was appointed to the law school faculty with the support of his subordinate, Choudhry, while the dean was being investigated. Last month, Steele resigned his law school appointment The blog of Academe magazine Home About Submissions Academe Magazine Join the 2/16/25, 11:12 On the University of California, IV: Sexual Harassment, \u201cRespect,\u201d and Tenure at Berkeley 1/11 The harassment scandal has raised important issues not only of campus safety, sexism, and disparate enforcement, but also of the relationship between harassment and speech and between abuse and \u201cdisrespect.\u201d It has also raised important questions about privilege, tenure and ultimately academic freedom. The scandal first surfaced last summer when investigators found that another Cal professor, famed planet hunter Geoffrey Marcy, had violated UC\u2019s sex harassment policy repeatedly between 2001 and 2010 by giving massages and other unwanted attention to at least four female students. Administrators privately warned him not to do it again but did not fire the astronomer, who many believed would win a Nobel Prize. Yet word leaked, and by fall Berkeley was being widely criticized for its light-handed approach. Marcy resigned in October. Choudhry resigned as dean a day after he was suspended from the top-ranked law school after his former assistant filed a sex harassment lawsuit in Alameda County Superior Court. The suit alleges that he hugged, kissed and touched the assistant repeatedly during 2014 and 2015 and that the campus did nothing to stop it. Berkeley\u2019s Office for the Prevention of Harassment and Discrimination had investigated the claims by Tyann Sorrell and concluded in July that Choudhry \u201cviolated policy (and) demonstrated a failure to understand the power dynamic and the effect of his actions on the (assistant) personally and in her employment.\u201d As punishment at the time, the dean was docked 10 percent of his pay for one year \u2014 from $415,000 to $373,500 \u2014 and told to apologize. Steele said he also required Choudhry to see a counselor at his own expense. Previously, Graham Fleming Berkeley\u2019s vice chancellor for research, resigned last April after allegations arose that he sexually harassed a former campus employee. But he retained a position as an international ambassador for the school\u2019s planned Global Campus in Richmond until, in the wake of the Choudhry disclosure system President Janet Napolitano ordered him immediately removed from that job and all other administrative responsibilities. Napolitano also announced a new sexual harassment review process for administrative leaders. In a letter to all ten campus chancellors Napolitano said the rash of cases had underscored the importance of action against sexual violence, assault and harassment. \u201cThis issue is critically important to the University of California, and to me personally,\u201d she wrote. \u201cAt a minimum, our employees are entitled to come to work without fear of sexual harassment or sexual violence.\u201d Napolitano served as an attorney for Anita Hill during the 1991 Clarence Thomas confirmation hearings, when Hill accused the now-Supreme Court justice of sexual harassment. Napolitano said university leaders must make sure that substantiated cases of sexual misconduct were dealt with \u201cfirmly, fairly and expeditiously and that appropriate sanctions are imposed that recognize the serious nature of these claims.\u201d She announced that a new systemwide committee would review and approve all proposed sanctions against senior leaders who violated sexual assault and harassment policies. She also ordered that all leaders \u2014 chancellors, provosts, vice chancellors, vice provosts and deans \u2014 complete sexual assault and harassment training by March 25. In a separate letter, Napolitano directed Berkeley Chancellor Nicholas Dirks to bar Choudhry from campus for the rest of the term and institute disciplinary proceedings against him through the Academic Senate, which could result in suspension or dismissal. Napolitano also told Dirks that does not intend to defend Choudhry against Sorrell\u2019s claims in court. 2/16/25, 11:12 On the University of California, IV: Sexual Harassment, \u201cRespect,\u201d and Tenure at Berkeley 2/11 But that was hardly the end of it. Just days later, in mid-March, Berkeley fired assistant basketball coach Yann Hufnagel after an investigation found he violated the university\u2019s sexual harassment policy. The coach\u2019s firing came four days before Cal was to begin play in the tournament (they were upset in the first round). And questions soon arose about whether head coach Cuonzo Martin had responded adequately to initial complaints about his assistant\u2019s behavior toward a female reporter assigned to cover the team. Then, on April 5, the San Jose Mercury-News reported that a trove of investigative and disciplinary documents released by Berkeley in response to a public records act request by the newspaper revealed that 19 employees \u2014 including six faculty members \u2014 had been found to be in violation of the university\u2019s sexual misconduct policies since 2011. \u201cThe newly released reports, dating back to January 2011, show the university\u2019s Office for the Prevention of Harassment and Discrimination upheld sexual harassment claims against an assistant diving coach, a counselor for disabled students, an adjunct statistics professor and an assistant professor in South and Southeast Asian studies,\u201d the newspaper said. \u201cThe new documents reveal that all of the employees fired as a result of sexual harassment violations were staff members; none were tenured faculty.\u201d Seven of the victims were students and ten were employees. Among the cases reported were these: Two graduate students, Erin Bennett and Kathleen Gutierrez, said last week that their complaints against Wentworth have been pending for more than a year, and that they have received little information about the process. In sexually explicit emails last fall, Howard D\u2019abrera, an adjunct professor in the Statistics Department, invited a student to Hawaii for a \u201cdirty smoke-filled weekend of unadulterated guilty pleasure and sins,\u201d according to the report. D\u2019abrera also threatened to lower the student\u2019s grade and spread sexual rumors about him if he didn\u2019t accept D\u2019abrera\u2019s offer for a free trip to Australia. After being placed on administrative leave and receiving a notice of the administration\u2019s intent to fire him, D\u2019abrera resigned in January. Scott Anderson, a former disability counselor whose job involved coordinating academic services for students with major mood and psychotic disorders, was accused of sending \u201cegregious, inexcusable\u201d emails with sexual innuendo to a student with a psychiatric disability in 2008 and 2009. In one email, according to the documents, he attached a photo of whipped cream and handcuffs and asked what she was doing for Valentine\u2019s Day. Anderson was given a notice of intent to dismiss and subsequently resigned, according to the university. Investigators concluded Dr. Blake Wentworth, an assistant professor in the Department of South and Southeast Asian Studies, made an \u201cunwelcome, sexual advance\u201d to a grad student in 2015, according to documents. Wentworth took the student\u2019s hand, told her he was attracted to her, and asked her out to dinner, according to documents. Later, he came up behind her and cupped her ear. \u201c 2/16/25, 11:12 On the University of California, IV: Sexual Harassment, \u201cRespect,\u201d and Tenure at Berkeley 3/11 On March 24, Chancellor Dirks announced a series of plans to reform the handling of sexual harassment and sexual assault at Berkeley. \u201cWe are committed to ensuring that Berkeley is a welcoming, safe, respectful, and inclusive community for every one of our students, staff, faculty, and visitors,\u201d Dirks said in the statement, emailed to all campus students and employees. Dirks announced that the Office for Prevention of Discrimination and Harassment (OPHD) will be given additional resources in order to reduce the time taken to investigate cases of sexual harassment and violence. Associate vice chancellor for communications and public affairs Claire Holmes said the number of investigators would be doubled from three to six. In addition to allocating more funding to various prevention and care bodies on campus, the Confidential Advocacy and Prevention Program will develop a sexual harassment and sexual violence prevention plan. The prevention initiatives could begin to be implemented as early as this summer. Dirks will also periodically submit written reports to Napolitano\u2019s office on the campus\u2019s progress in combating sexual assault and harassment, according to the Los Angeles Times. He also began meeting with her on a monthly basis as of April 1. Three days later the chancellor announced that he had named history professor and executive dean of the College of Letters and Science Carla Hesse as interim leader of the campus\u2019s efforts to improve its handling of sexual harassment and assault cases. Hesse, he said, will coordinate the administration\u2019s improvements on its processes tackling sexual harassment and assault claims. Hesse will also create and train a campus peer review panel in conjunction with current campus offices that investigate claims and recommend disciplinary processes. In addition, Hesse will establish protocols tracking and analyzing trends in the number and nature of reports and decisions. On March 28, a group of six feminist faculty members issued the following statement, which has since garnered almost 150 signatures: As feminist faculty at Berkeley, we are gravely disturbed by the failures of our Administration to address sexual harassment as a fundamental violation of civil rights. This year\u2019s gross mishandling of the Marcy, Fleming and Choudhry cases reveals an administration that neither treats sexual harassment as serious nor recognizes its damage to its victims. These failures make a mockery of the Administration\u2019s continuous verbal promotion of the values of diversity, equity, inclusion and civility; the Administration appears far more concerned with risk management and with the careers and reputations of the prominent. Sexual harassment is a violation of equal rights prohibited by a 1976 U.S. Supreme Court interpretation of the 1964 Civil Rights Act. More than merely unpleasant or offensive behavior, and in a very different legal and political category from sexual assault, sexual harassment violates the right, at work or school, to avoid barriers or burdens on the basis of one\u2019s sex or gender. Instead of respecting this principle of equality, the current administration has gone out of its way to shield those who have engaged in repeated acts of sexual harassment, and has sacrificed the entitlement of all staff, faculty and students to a harassment-free environment. These high profile cases have produced a general crisis of confidence in the Administration. They also identify a long-standing and seemingly worsening problem at Berkeley, which is that reports of harassment are difficult to lodge and are \u201c 2/16/25, 11:12 On the University of California, IV: Sexual Harassment, \u201cRespect,\u201d and Tenure at Berkeley 4/11 There can be little doubt that the concerns voiced by these faculty members are both genuine and pressing. Sexual harassment, like sexual violence, is a crime and needs to be treated seriously. But at the same time, as the has recently argued at great length in its draft report on \u201cThe History, Uses, and Abuses of Title IX,\u201d speech is not necessarily harassment, nor is disrespectful or uncivil behavior. Yet that lesson may not yet have resonated with the Berkeley administration. Readers of this blog may recall how in the fall of 2014, as the Berkeley campus was preparing to celebrate the 50th anniversary of the Free Speech Movement (FSM), Chancellor Dirks issued a statement, which claimed that \u201ccivility\u201d and free speech are \u201ctwo sides of the same coin.\u201d That statement was roundly condemned by the Council of Faculty Associations and by veterans of the FSM, who reminded the chancellor that \u201cIt is precisely the right to speech on subjects that are divisive, controversial, and capable of arousing strong feelings that we fought for in 1964.\u201d Now, however, in a controversial op-ed piece in the Daily Californian, Hesse once more evoked the memory of the and the need for \u201crespect,\u201d declaring that, often met with lethargic, arbitrary or feeble responses. While emphasis is placed on employee compliance with online education in identifying harassment, the actual system for reporting and resolving it is discouraging and ineffective for those who would bring complaints. Consequently, many well-known repeat offenders have not been reported or, when reported, have not been stopped, a situation that has created a climate of frustration, anger and cynicism for those experiencing and witnessing harassment. Due process is essential for those charged with sexual harassment, but so too are clear, accessible and non-intimidating procedures for those who would make the charge and expect just results. The solution is not another education campaign or public statement of administrative resolve but a functional system for reporting harassment and removing harassers from positions of power over their victims. Incidents of sexual harassment and sexual assault are not unique to the Berkeley campus or to college and university campuses. But there is something deeper about the difficulty in dealing with this problem at Berkeley than might be found elsewhere, and it is high time we faced up to this. We have a very easy time talking about freedom on this campus. It is a personal and public value \u2014 it might even be the only one \u2014 that is shared across our entire political and social spectrum. It is our moral bedrock and we are rightly proud of our reputation for the freedom of speech enjoyed by our students and the academic freedom cherished by our faculty. Freedom and Berkeley are almost synonyms. But if we are to change the culture that too often tolerates or simply turns a blind eye away from abusive and disrespectful behavior, we need to find a way to draw a bright line between freedom and impunity. Let\u2019s be honest. Freedom is great, but we have a very hard time talking about any other public values at Berkeley \u2014 like respect. But if we are going to succeed in producing a campus environment in which every one of our members can enjoy the personal safety and social dignity that are preconditions for freedom, we are going \u201c 2/16/25, 11:12 On the University of California, IV: Sexual Harassment, \u201cRespect,\u201d and Tenure at Berkeley 5/11 There is so much wrong with this that one hardly knows where to begin. Sexual assault and sexual harassment are not just matters of \u201cfilthy speech,\u201d \u201cfree love,\u201d or disrespectful words or behavior. The problem is not that respect or civility are lacking; structures and practices that condone abuse are what\u2019s really at issue. Hesse and other campus leaders should be addressing these and not urging everyone to respect each other, however nice that would be. Speech and conduct are not the same thing, hence it is dangerous to conflate behavior that is \u201cabusive\u201d with that which is \u201cdisrespectful,\u201d as Hesse does. Similarly, Hesse\u2019s treatment of \u201cfreedom\u201d as if it were a \u201cprivilege\u201d is deeply troubling. And then there is this: Maybe it is Hesse who needs to recover her moral equilibrium. For what is one to make of this tale of a \u201cslightly deranged\u201d Berkeleyan? Does Hesse have no compassion for the disabled, for the mentally and emotionally disturbed? Does she really wish to conflate this sort of experience with sexual harassment? Of course It\u2019s not just members of the Berkeley community who should strive to \u201cact with honesty, integrity, and respect for others,\u201d but are such feel-good sentiments really the principal message that must be conveyed about sexual harassment? Is this scandal simply a product of the failure of the campus community to live up to its code? Shouldn\u2019t it be treated more as a product of entrenched sexism and unequal power and privilege? As the faculty to have to learn how to embrace the virtue of respect for those who are different and of those with whom we disagree. Without respect, the Free Speech Movement becomes the Filthy Speech Movement. Free love becomes harassment and even assault Berkeley needs to find a way to stand up more firmly and more forcefully for the virtue of putting limits on our own behavior so that the opportunities that freedom affords are a privilege of every member of our community, and not just those of the most privileged members of our community grew up here, and as a Berkeley High School student in the early 1970s used to spend evenings studying at a cafe on Hearst Street, right below Euclid: the Cafe Espresso (fondly called \u201cthe Depresso\u201d by its denizens). One evening, a slightly deranged middle-aged man came into the cafe and meandered from table to table, disrupting conversations, chess games and people buried in their books and pocket calculators. The cafe owner, taking in the scene, finally came out from behind the counter and said to the gentleman: \u201cThis is Berkeley. It is perfectly to be crazy. But it is not to be anti-social am afraid am going to have to ask you to leave.\u201d Freedom: \u201cyes\u201d; lack of respect for others: \u201cno.\u201d There is much we can, and will do in the coming months to improve our processes and procedures for handling individual cases of sexual harassment and assault, but the real change will happen when each of us takes personal ownership of our campus honor code: \u201cAs a member of the Berkeley community act with honesty, integrity and respect for others.\u201d It is time to recover our moral equilibrium. \u201c 2/16/25, 11:12 On the University of California, IV: Sexual Harassment, \u201cRespect,\u201d and Tenure at Berkeley 6/11 statement of March 28 so correctly concluded, \u201cThe solution is not another education campaign or public statement of administrative resolve but a functional system for reporting harassment and removing harassers from positions of power over their victims.\u201d As Associate Professor of South and Southeast Asia Studies Penny Edwards, a signatory to the March 28 statement, put it in a Daily Californian op-ed, But what would such a universal standard entail? Clearly to date all offenders and all victims have not been treated comparably. On April 9, the San Jose Mercury-News published a piece by reporter Katy Murphy (whose work on this story, by the way, has been terrific) arguing that the cases uncovered by the paper revealed a \u201cdouble standard: While university staffers were routinely fired or forced to resign, tenured faculty members who committed similar transgressions received lighter sanctions and were allowed to keep their jobs.\u201d \u201cThe faculty are very much untouchable,\u201d Jenna Kingkade, a Berkeley law student and president of the Graduate Assembly told Murphy. \u201cIt\u2019s a function of the hierarchy on this campus.\u201d Back in October, after initially defending the agreement with Marcy as a \u201cstrong action\u201d by the university, Chancellor Dirks acknowledged it was done to avoid a formal conduct proceeding, which he described as \u201clengthy and uncertain,\u201d with \u2014 as should be the case \u2014 a higher standard of proof than is used in the campus harassment investigations. \u201cWe recognize and share the frustration that many have expressed,\u201d Dirks wrote in a message to the campus, pledging to help \u201creform the university\u2019s disciplinary processes, criteria and standards so that in the future we have different and better options for discipline of faculty.\u201d At that time President Napolitano convened a panel charged with recommending reforms for the investigation and discipline of faculty accused of sexual misconduct. But in a letter released just today Napolitano said the committee\u2019s recommendations, contained in a 45-page report, did not go far enough. She said the committee made \u201cseveral important recommendations,\u201d including changes to make it easier to place a faculty member who is under investigation on involuntary leave. But, she said, the committee needs to come back in three months with recommendations for a clear timeline \u2014 no longer than five months for the investigation and discipline of a professor \u2014 among other changes that will require careful consideration. (The committee learned of 141 sexual misconduct allegations made against faculty at eight campuses between 2012 and 2015; of those, just 34 were investigated by Title offices and 11 were substantiated. The other 107 our leadership has responded to the growing furor over its mishandling of sexual harassment cases with a veritable circus, ranging from a top-down architecture of managed protest (\u201cteach-ins\u201d designed from on high and scheduled a semester in advance) to more committees. Pledges from on high to become a national leader in the prevention of sexual harassment on college campuses appear to be driven more by damage control and concerns to protect our market value than by the core values of this university. . . . Creating a genuinely inclusive and diverse environment requires more than ticking off Title boxes. It requires the reform of campus structures to incorporate staff, faculty and students as a single campus community who are all equal before a universal standard of acceptable behavior. \u201c 2/16/25, 11:12 On the University of California, IV: Sexual Harassment, \u201cRespect,\u201d and Tenure at Berkeley 7/11 were either unsubstantiated or resolved in an early resolution process without a formal investigation.) \u201cGiven the seriousness of these cases and the shortcomings that have been identified with existing processes and policies, however, this work is crucial,\u201d Napolitano wrote. Napolitano says she wants recommendations on how can combine two investigations currently done for faculty members accused of sexual misconduct into one, and establish a review committee on each campus to make final decisions on disciplinary settlements; establish a peer review committee on each campus to recommend disciplinary sanctions and to have the final word on settlements reached by the faculty member and the administration; and reconsider a rule that requires charges to be brought against a faculty member within three years of receiving a complaint \u2014 at least in cases where a department head or other official fails to report the conduct to the campus anti-discrimination office. Napolitano said she would require the campus office that receives sexual harassment complaints to inform the chancellor of any complaint involving a faculty member. She will also require academic affairs offices to indefinitely keep records of faculty members accused of sexual misconduct who were disciplined or who reached a settlement on such a case. It is unclear what some of this might mean certainly hope that both the committee and President Napolitano take heed of the lessons to be learned from the case of Teresa Buchanan at Louisiana State University. Buchanan was the subject of a secret sexual harassment investigation, which concluded that she had violated the school\u2019s harassment policy by using allegedly inappropriate language. Then, when the administration moved to discipline her, the faculty hearing body\u2019s verdict was effectively foreordained \u2014 they had to acknowledge that she had technically violated the harassment policy \u2014 but its recommendation for mild sanction was ignored and Buchanan was fired, a move that triggered yet another faculty investigation by the Academic Senate, which condemned the dismissal in an overwhelming vote censuring the administration. Buchanan has now filed suit against the university, with the support of the Foundation and others. The point is that should avoid a situation in which administrative investigations of sexual misconduct essentially render moot the appropriate and adjudicative faculty disciplinary process. Part of the problem, in the view of some, is that faculty are too firmly protected by tenure. Shortly after the Choudhry case became public was speaking with a family friend who is a graduate of Berkeley\u2019s law school and who became active in the alumni effort to hold the former dean accountable. She was frustrated that while Choudhry had been dismissed from his administrative position, he was still a member of the faculty and receiving full salary, which she blamed on tenure. When pointed out that tenure is not a lifetime guarantee of employment, and that the university could move to dismiss him (Berkeley does have a dismissal process that believe, is consistent with standards), she responded that she knew about that but had been told that \u201cit\u2019s just not done.\u201d Indeed, according the the Mercury-News, for all faculty misconduct cases resolved in the past five years at Berkeley, the Academic Senate\u2019s Privilege and Tenure Committee has held just one hearing \u2014 and not for a sexual misconduct case. To be sure, undoubtedly in some cases \u2014 the Marcy case, for one \u2014 the faculty member chose quietly to resign or retire. But the fact that the process is so rarely employed suggests a potential problem. If tenure is seen as something that can never be revoked, as a lifetime privilege, and if dismissal procedures are so difficult to 2/16/25, 11:12 On the University of California, IV: Sexual Harassment, \u201cRespect,\u201d and Tenure at Berkeley 8/11 The Role of the in Developing the First Amendment Law of Academic Freedom Student: Why Won\u2019t Participate in Campus Protest The First Amendment \u201cUpside Down\u201d in Florida\u2019s Stop Act \u2190 The Call to Nationalize Private University Endowments Non-Tenure-Track Faculty at of Illinois Strike \u2192 implement as to be dysfunctional, then tenure\u2019s critical role in assuring the protections of academic freedom and guaranteeing essential economic security to faculty members will be lost. Cory Hernandez, who coordinates sexual violence and harassment policy for Berkeley\u2019s Graduate Assembly, said, \u201cIt might be we need a bright-line rule: that if you violate our sexual misconduct policy, you are automatically stripped of tenure.\u201d That\u2019s going too far. Dismissal should never be automatic; those accused of harassment or, for that matter, any form of misconduct must be guaranteed the due process protections appropriate to their status, especially at times of potential \u201cmoral panic.\u201d This was one of the primary arguments of the AAUP\u2019s report on Title IX. But as Anita Levy of AAUP\u2019s Department of Academic Freedom, Tenure, and Governance told the Mercury-News do hope that they begin to adjudicate these cases consistently, regardless of how elite or influential the academic involved.\u201d April 18, 2016 in Legal Issues, Tenure, Women in Higher Education. Tags: sexual harassment, University of California Related posts 4 thoughts on \u201cOn the University of California, IV: Sexual Harassment, \u201cRespect,\u201d and Tenure at Berkeley\u201d Pingback: Berkeley Faculty Demands New Probe of Controversial Coach 0 2/16/25, 11:12 On the University of California, IV: Sexual Harassment, \u201cRespect,\u201d and Tenure at Berkeley 9/11 Pingback: Berkeley Chancellor Resigns Pingback: My Favorite Posts of 2016 Pingback: Dirks: \u201cDo Not Condone Violence To Suppress Free Speech Comments are closed. Search \u2026 Categories Select Category Get Academe Blog Posts in Your Email Inbox Enter your email address to subscribe to this blog and receive notifications of new posts by email. Email Address Subscribe Follow the Updates Seeks Restraining Order on Termination of Grants New Statement on Institutional Neutrality Joins Lawsuit to Block Trump\u2019s Unlawful and Unconstitutional Orders Statement from President Todd Wolfson on Freeze Against Anticipatory Obedience Names Mia McIver Executive Director Faculty Report Declining Academic Freedom Meta 2/16/25, 11:12 On the University of California, IV: Sexual Harassment, \u201cRespect,\u201d and Tenure at Berkeley 10/11 Log in Entries feed Comments feed WordPress.org Proudly powered by WordPress | Theme: Expound by Konstantin Kovshenin 2/16/25, 11:12 On the University of California, IV: Sexual Harassment, \u201cRespect,\u201d and Tenure at Berkeley 11/11", "7671_102.pdf": "6m ago Bizarre tribute sucks all the oxygen out of All-Star Game By Bob Egelko, Kurtis Alexander, Cynthia Dizikes Updated April 5, 2016 10:57 p.m. 7 accused of harassment left Berkeley; cases newly revealed Newsletters Sign in 2/16/25, 11:12 7 accused of harassment left Berkeley; cases newly revealed 1/8 Berkeley swim coach sexually harassed a male co-worker over an 18-month period in 2014 and 2015 \u2014 loudly describing him as \u201cmy boyfriend\u201d at a swim meet, subjecting him to repeated sexual comments despite his objections, asking him, \u201cWhen are you coming to the dark side?\u201d and offering him $300 for oral sex, according to public records released Tuesday by the campus. But the coach, Todd Mulzet, was neither fired nor suspended. Instead, Mulzet, in his third year as coach of the men\u2019s and women\u2019s swimming and diving teams, had his pay cut. Details about the campus investigation into his case and the light discipline were revealed in more than 400 pages of documents released by Berkeley on Tuesday night under a Public Records Act request from The Chronicle. The documents include 17 cases investigated by the campus Office for the Prevention of Harassment and Discrimination dating back to 2008 in which investigators concluded that harassment had definitely or probably occurred. Ten of the cases shed light on incidents not previously revealed to the public, including Mulzet\u2019s Cal law dean on leave, accused of sex harassment Sather Tower on the Berkeley campus on Tuesday, Jan. 27, 2015. Paul Chinn/The Chronicle 2/16/25, 11:12 7 accused of harassment left Berkeley; cases newly revealed 2/8 Cal assistant coach\u2019s sex-harass defense: \u2018mutual flirtation\u2019 Cal tries to add recruits in wake of sexual-harassment scandal 7 employees departed But while Mulzet didn\u2019t lose his job, seven other employees in the newly revealed cases were fired or resigned under pressure. Mulzet declined comment when reached by phone Tuesday night. The university\u2019s report said he denied most of the accusations, and said he was just giving his co- worker a compliment that was not meant sexually. Asked why the coach had not been punished more severely Berkeley spokesman Dan Mogulof said he couldn\u2019t discuss individual cases. But he said the university has been \u201cquite explicit in our acknowledgment that our policies, practices and procedures need to improve.\u201d Those who lost their jobs included: \u2022Howard D\u2019Abrera, an adjunct professor of statistics. The report said that in 2015 he sent a student a series of sexually harassing emails, one of which invited the student to go to Hawaii for a \u201cdirty smoke-filled weekend of unadulterated guilty pleasure and sins.\u201d D\u2019Abrera also spoke of killing himself, offered other students vacations, and, before resigning, suggested that students boo the department chairman and turn their back on him when he came to class to look into D\u2019Abrera\u2019s conduct, the report said. 2/16/25, 11:12 7 accused of harassment left Berkeley; cases newly revealed 3/8 \u2022Scott Anderson, a specialist in the program for disabled students who worked with students with psychiatric disabilities. According to the report, during a nine-month period in 2008-09, Anderson sent text messages and emails with sexual innuendos to a female student. One message included an attachment with a picture of whipped cream and handcuffs and asked the student what her plans were for Valentine\u2019s Day. \u201cI\u2019ll bring the cuffs,\u201d Anderson wrote in an email. He told investigators he was trying to be humorous and provide encouragement to the student in his communications to her. \u2022Alan Wong, a massage therapist at the university\u2019s Recreational Sports Facility, who sexually assaulted a female student in 2014 by touching her genitals while giving her a massage, the report said. \u2022Jeffrey Topacio, general manager of Cal Dining, who in 2015 bragged to co-workers about the size of his penis and directed a slur for homosexuals at a male worker who was weeping. \u2022Ernest Williamson, a campus custodian, who peeked through a space in a shower door in October 2010 to stare at a female student while she was showering, the report said. He denied it. \u2022James Kohlstedt, a painter. The investigation report said that in 2012, two employees reported walking in on Kohlstedt apparently having sex in a vacant on- campus apartment with a woman while another woman stood by, topless. The employees said they later returned to that apartment and found the toilet backed up with feces, with food wrappers strewn on the floor. The employees said Kohlstedt later gave them intimidating signals that they interpreted as an attempt to keep them from reporting the incident. 2/16/25, 11:12 7 accused of harassment left Berkeley; cases newly revealed 4/8 \u2022Nori Castillo, assistant director of the university\u2019s startup accelerator SkyDeck. He struck up a \u201cflirtatious\u201d relationship with a male student intern in 2013, the report said, persisted despite the intern\u2019s objections, and texted sexually explicit pictures of himself. Other disciplinary actions included: \u2022Brief suspensions of two staff superintendents for offensive comments in a conversation that was recorded in 2011. The men, Frank Narvaez and Chuck McCartney, spoke disparagingly about a female worker\u2019s weight and said bedbugs \u201cwould have a feast\u201d in her vagina, the report said. Narvaez was suspended for 30 days and McCartney for five days warning letter to Phillip Loya, who investigators found had \u201cmost likely\u201d touched a fellow staff member inappropriately several times between December 2012 and April 2014, including one occasion when he put a hand on her thigh at a bar. The incidents evoked the school\u2019s admissions in recent months that it had known about harassment by some of its most eminent figures but took no serious disciplinary action until the public learned about their conduct. Well-known cases Professor Geoffrey Marcy, a renowned astronomer, and Law School Dean Sujit Choudhry both resigned under pressure after reports surfaced that they had sexually harassed students or underlings. Graham Fleming resigned as vice chancellor for research, but kept his job as a tenured chemistry professor, after an investigation found that he had \u201cmore likely than not\u201d inappropriately touched and kissed a former employee. 2/16/25, 11:12 7 accused of harassment left Berkeley; cases newly revealed 5/8 April 5, 2016 | Updated April 5, 2016 10:57 p.m. Bob Egelko Bob Egelko has been a reporter since June 1970. He spent 30 years with the Associated Press, covering news, politics and occasionally sports in Los Angeles, San Diego and Sacramento, and legal affairs in San Francisco from 1984 onward. He worked for the San Francisco Examiner for five months in 2000, then joined The Chronicle in November 2000. His beat includes state and federal courts in California, the Supreme Court and the State Bar. He has a law degree from McGeorge School of Law in Sacramento and is a member of the bar. Coverage has included the passage of Proposition 13 in 1978, the appointment of Rose Bird to the state Supreme Court and her removal by the voters, the death penalty in California and the battles over gay rights and same-sex marriage. Kurtis Alexander The school has also announced its intention to fire Yann Hufnagel, an assistant men\u2019s basketball coach, for allegedly harassing and frightening a female reporter. Hufnagel, who has denied the accusations, is on paid leave. Along with the new reports Tuesday Berkeley announced the formation of a Chancellor\u2019s Committee on Sexual Violence, Harassment and Assault that will \u201cexamine and address culture issues\u201d and report to Chancellor Nicholas Dirks by mid-October on proposed policy changes. Chronicle staff writers Joaquin Palomino and Jill Tucker contributed to this report. Bob Egelko, Kurtis Alexander and Cynthia Dizikes are San Francisco Chronicle staff writers. Email begelko@sfchronicle.com, kalexander@sfchronicle.com, cdizikes@sfchronicle.com 2/16/25, 11:12 7 accused of harassment left Berkeley; cases newly revealed 6/8 Kurtis Alexander is an enterprise reporter for The San Francisco Chronicle, with a focus on natural resources and the environment. He frequently writes about water, wildfire, climate and the American West. His recent work has examined the impacts of drought, threats to public lands and wildlife, and the nation\u2019s widening rural-urban divide. Before joining the Chronicle, Alexander worked as a freelance writer and as a staff reporter for several media organizations, including The Fresno Bee and Bay Area News Group, writing about government, politics and the environment. Cynthia Dizikes Cynthia Dizikes is an investigative reporter for the San Francisco Chronicle. Before joining the Chronicle in 2016, Dizikes worked in Chicago where she focused on government agencies and the courts. In addition to investigations, Dizikes has a background in general assignment and political reporting. She previously covered the Minnesota congressional delegation in Washington D.C. Let's Play Typeshift Really Bad Chess Flipart Cross|word About Contact Services Quick Links Top 2/16/25, 11:12 7 accused of harassment left Berkeley; cases newly revealed 7/8 \u00a9 2025 Hearst Communications, Inc. Terms of Use Privacy Notice Notice at Collection Your Privacy Rights (Shine the Light Industry Opt Out Your Privacy Choices (Opt Out of Sale/Targeted Ads) 2/16/25, 11:12 7 accused of harassment left Berkeley; cases newly revealed 8/8", "7671_103.pdf": "Notably, the documents show that all the employees who were fired for violating sexual harassment policies were staff members \u2013 and none were tenured professors. Photograph: Alamy California This article is more than 8 years old Disturbing details of sexual harassment scandal at Berkeley revealed in files Documents offer redacted versions of investigation reports and disciplinary actions for cases involving staff that substantiated allegations of misconduct Sam Levin in San Francisco Thu 7 Apr 2016 00.26 Eleven employees at the University of California at Berkeley have been fired or resigned after facing accusations of sexual harassment, according to new records that provide disturbing details on numerous misconduct allegations and dramatically expand a scandal plaguing the prestigious institution. The hundreds of pages of records \u2013 which include extensive documentation of harassment cases involving 19 employees and were released on the heels 2/16/25, 11:13 Disturbing details of sexual harassment scandal at Berkeley revealed in files | California | The Guardian 1/6 of multiple high-profile controversies \u2013 show that men in powerful positions avoided discipline after the school substantiated harassment complaints from students and employees. The new documents, provided to the Guardian and other media outlets, offer redacted versions of the public university\u2019s investigation reports and disciplinary actions for every case in the past seven years in which the office for the prevention of harassment and discrimination (OPHD) substantiated allegations of misconduct. Notably, the documents show that all the employees who were fired for violating sexual harassment policies were staff members \u2013 and none were tenured professors. Three faculty members included in the reports remain at the university, said Berkeley spokesman Dan Mogulof. The revelations come months after Geoffrey Marcy, a well-known Berkeley astronomer, resigned in the wake of reports that the school had found that he had repeatedly sexually harassed students over the course of a decade yet did not face serious discipline. Last month, Sujit Choudhry, the dean of the law school, resigned from his position after the university faced significant backlash for allowing him to keep his job following a campus investigation that substantiated his executive assistant\u2019s sexual harassment allegations. Choudhry remains a faculty member. The new documents revealed that Howard D\u2019Abrera, an adjunct faculty member who eventually resigned, repeatedly sent sexually harassing emails to an undergraduate student. In one, he invited the student on a \u201cdirt smoke filled weekend of unadulterated guilty pleasure and sins\u201d and offered to \u201cwhisper sweet nothings in your ear\u201d. The email said should get to know you \u2026 and explore the daring [redacted] dark side of you. Bring me a shirt from your wardrobe.\u201d In a short phone interview on Wednesday evening, D\u2019Abrera said he never made sexual advances toward the student and that his comments were taken out of context. He now claims that he did not send the email in question, though during the investigation, as the report shows, he confessed to writing the message. Blake Wentworth, a faculty member in the department of south and south- east Asian studies, whose case is still pending, allegedly told a graduate 2/16/25, 11:13 Disturbing details of sexual harassment scandal at Berkeley revealed in files | California | The Guardian 2/6 student could lose my job over this \u2026 but I\u2019m so attracted to you.\u201d At one point, he allegedly came up behind the female student and cupped his hand over her ear. Jeffrey Topacio, a general manager of Cal Dining who was found guilty of \u201cgross misconduct\u201d and eventually was terminated, repeatedly made comments about his penis size, even after meeting with a complaint resolution officer, according to the records. He also allegedly used a homophobic slur to describe a male employee who was crying. The reports further revealed that Alan Wong, a fired university massage therapist, sexually assaulted a female undergraduate student, repeatedly touching her underwear and genitals during a massage, including after she said: \u201cCan you focus on my shoulder?\u201d Nori Castillo, a staffer in Berkeley\u2019s startup accelerator SkyDeck, was terminated after the university determined that he repeatedly harassed a male student intern, subjecting him to unwanted sexual advances, making statements such as want you so badly\u201d and \u201cI\u2019ll blow your mind\u201d. Scott Anderson, a disability specialist who worked with students with psychological disabilities, repeatedly sent sexually inappropriate emails to a female student, according to the documents. In one he joked about spanking her, and in another he referenced punishing her for not finishing an assignment and said he would bring handcuffs. In 17 total reports \u2013 involving accusations against 19 employees \u2013 11 cases resulted in termination or resignation. Six cases resulted in other forms of discipline, and two of the disciplinary proceedings are still pending. In seven cases students had filed the complaints, and in six of the investigations faculty were accused of misconduct. On Wednesday, Michael Burawoy, professor of sociology and co-chair of the Berkeley Faculty Association, said the new reports raised concerns that there are disparities in the way the university responds to complaints depending on the status of the accused. \u201cThe most significant part of this revelation is the difference in the punishment,\u201d he said. \u201cTenured faculty are basically not dismissed ... That theme runs through all of this.\u201d There are troubling power dynamics in all of the cases, Burawoy added. \u201cMen are often in more powerful positions than women. It encourages that sort of behavior if it\u2019s not \u2026 sanctioned or if it\u2019s somehow kept secret.\u201d Leslie Salzinger, a professor of gender and women\u2019s studies at Berkeley, said the cases have shed light on the kind of harassment that is common in 2/16/25, 11:13 Disturbing details of sexual harassment scandal at Berkeley revealed in files | California | The Guardian 3/6 Most viewed universities and workplaces across the country. \u201cThe issue with Berkeley is not that there\u2019s more harassment, but one would expect an institution like this to do a better job responding hope that we will.\u201d Mogulof, the university spokesman, noted that the school has recently formed a committee on sexual violence, harassment and assault to review policies and make recommendations for changes. \u201cThere needs to be improvement in our policies and our practices and our culture on this campus,\u201d he said. Mogulof also noted that other universities have not released this kind of data, meaning there\u2019s no evidence that the problem is worse here. But, he added: \u201cWe have been explicit in our acknowledgement that one is too many.\u201d Naomi Rustomjee, Choudhry\u2019s lawyer, said in an email Wednesday that the former dean \u201cis confident that he will be vindicated in court\u201d, adding: \u201cHe should be judged on the basis of his conduct, not on that of others accused of sexual harassment.\u201d Choudhry has apologized to his former assistant \u201cfor his mistakes\u201d, Rustomjee added. The other faculty and staff named in the reports did not respond to requests for comment or could not immediately be reached. 2/16/25, 11:13 Disturbing details of sexual harassment scandal at Berkeley revealed in files | California | The Guardian 4/6 2/16/25, 11:13 Disturbing details of sexual harassment scandal at Berkeley revealed in files | California | The Guardian 5/6 2/16/25, 11:13 Disturbing details of sexual harassment scandal at Berkeley revealed in files | California | The Guardian 6/6"} |
8,261 | Richard Strauss | Ohio State University | [
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] | {"8261_101.pdf": "May 31, 2019 Ohio State University trustees revoke Richard Strauss\u2019 emeritus status, approve construction projects President announces task force to study and prevent sexual misconduct on college campuses The Ohio State University Board of Trustees today voted unanimously to revoke the professor emeritus title bestowed on Dr. Richard Strauss, who sexually abused at least 177 former students during his time at Ohio State from 1978 through 1998. An independent investigation conducted by the law firm Perkins Coie concluded that university personnel at the time had knowledge of complaints and concerns about Strauss\u2019 conduct as early as 1979 but failed to investigate or act meaningfully. President Michael V. Drake announced formation of a task force to advance the national conversation surrounding sexual misconduct and abuse on college campuses. \u201cOur responsibility as Buckeyes is to protect the safety and well-being of our community. Our role as leaders in higher education is to work every day to ensure all students, employees and families share those same fundamental protections,\u201d said Drake. 2/16/25, 11:13 Ohio State University trustees revoke Richard Strauss\u2019 emeritus status, approve construction projects 1/15 Drake says the task force will include survivors of sexual misconduct, Ohio State and national scholars, and will be charged with using the information and truths detailed in the Strauss report and from other sources to inform a safer future. \u201cMultiple cases of serial abuse at a variety of institutions suggest strongly the need for more consolidated and collaborative efforts. We need to work together to ensure this kind of abuse could never be hidden or ignored,\u201d said Drake. Trustees also welcomed two new trustees. Jeff M.F. Kaplan, who has held numerous positions at the university, was appointed by the governor in April to a term expiring in 2028, and Anand Shah, a biomedical sciences major from Centerville, who will serve a two-year term. The board also approved construction projects, two new degree programs, personnel actions and other items. Construction contracts approved The board authorized the university to enter into and increase professional services and construction contracts for the following projects: Cannon Drive Relocation \u2013 Phase 2. The project will continue the relocation of Cannon Drive between John Herrick Drive and Woody Hayes Drive and anticipates extending Annie and John Glenn Ave. from Tuttle Park Place to Cannon Drive. Trustees approved increased professional services contracts of $5.2 million. Total project budget is to be determined, to be paid with university and Ohio State Energy Partners funds. Comprehensive Transportation & Parking Plan Update. The project will provide more detailed planning around transportation and parking to support near- and long-term campus development envisioned in the campus master plan, Framework 2.0. Trustees approved professional services contracts of $300,000 to be paid with university and partner funds. Wexner Medical Center Regional Ambulatory Facilities \u2013 Dublin. The project will design an ambulatory building in Dublin that will include ambulatory surgery, endoscopy, primary care, specialty medicine and surgical clinics, and related support. Trustees approved professional 2/16/25, 11:13 Ohio State University trustees revoke Richard Strauss\u2019 emeritus status, approve construction projects 2/15 services contracts (for design services) of $12 million. Total project budget is to be determined, to be paid with auxiliary (health system) funds. Arts District. The project will develop a new arts district between 15th and 18th avenues, including new facilities for the School of Music and Department of Theatre. Trustees approved increased professional services and construction contracts totaling $146.6 million. Total project budget is $161.6 million, to be paid with university funds, fundraising and Ohio State Energy Partners funds. Morehouse Tower \u2013 7th and 8th floor updates. The project will renovate the recently vacated seventh floor for the Gastrointestinal Cancer Center, which is currently housed on the eighth floor, and renovate the eighth floor for future patient services. Trustees approved professional services and construction contracts of $5 million. Total project budget is $5 million, to be paid with auxiliary (health system) funds. Taylor Tower \u2013 main entrance. The project will renovate the ground floor and first floor of Taylor Tower to provide accessibility and create student program spaces. Trustees approved professional services and construction contracts totaling $11 million. Total project budget is $11 million, to be paid with auxiliary funds. Veterinary Medical Center Community Practice Hospital and Learning Center. The project will construct a 35,000 square foot freestanding community care veterinary clinic for primary care to enhance the clinical training of veterinary students and a learning center. Trustees approved professional services and construction contracts totaling $17.5 million. Total project cost is $17.5 million, to be paid with fundraising and university funds. Wexner Medical Center Regional Ambulatory Facilities \u2013 Hamilton Road. The project will design and construct an approximately 244,000 square foot ambulatory building that will include ambulatory surgery, endoscopy, primary care, specialty medicine and surgical clinics and related support, located at Hamilton Road and State Route 161. Trustees approved increased professional services and construction contracts for the remainder of design and construction totaling $125.9 million. Total 2/16/25, 11:13 Ohio State University trustees revoke Richard Strauss\u2019 emeritus status, approve construction projects 3/15 project budget is $137.9 million, to be paid with auxiliary (health system) funds. Newark \u2013 John and Mary Alford Center for Science and Technology. The project will construct a 60,000-square foot building for biological and physical sciences research and teaching labs, classrooms, collective learning and academic support spaces that will serve both The Ohio State University Newark and Central Ohio Technical College. Trustees approved construction contracts totaling $29.7 million. Total project cost is $32 million to be paid with fundraising and university funds. Service Building Annex Renovation. The project will renovate the Service Building to accommodate a combined Facilities Operations and Development and Transportation and Traffic Management bus and vehicle maintenance facility. Trustees approved increased construction contracts of $1.7 million. Total project budget is $8.7 million, to be paid with university funds. Ty Tucker Tennis Center. The project will construct a new 68,000 square foot indoor tennis facility including six courts, 450 spectator seats, locker rooms, athletic training rooms and offices. Trustees approved construction contracts totaling $20.9 million. Total project budget is $22.8 million, to be paid through fundraising. Wexner Medical Center West Campus Ambulatory Facilities. The project will construct an approximately 395,000 square foot new ambulatory facility on west campus that will include outpatient operating rooms, an endoscopy unit, an urgent care, a pre-anesthesia center, an outpatient diagnostic imaging center and patient and building support spaces. Trustees approved construction contracts of $6.6 million to build a parking lot on Kinnear Road and for initial proton equipment procurement. Total project budget is to be determined, to be paid with auxiliary (health system) funds. Utility system improvements approved The board authorized Ohio State Energy Partners to make numerous capital improvements to university utility systems for fiscal year 2020. The improvements fall into three broad categories: Utility Systems Life-Cycle Renovation, Repair, and Replacement Projects (five projects); Utility Systems Expansion and Extension Projects (10 projects); and Energy Conservation Measure Projects (one project). 2/16/25, 11:13 Ohio State University trustees revoke Richard Strauss\u2019 emeritus status, approve construction projects 4/15 Initiatives include: College Road utility infrastructure improvements for the new Arts District (estimated cost $20.56 million) Combined Heat and Power Plant and Midwest District Heating and Cooling Loop (estimated cost $10 million). Selection of contractors to advance the design of the Combined Heat and Power Plant and Midwest District Heating and Cooling Loop, including the major equipment elements (gas and steam turbines and heat recovery steam generators). The permitting process with the Ohio Power Siting Board will also be initiated. South residence halls air conditioning \u2013 design only (estimated cost $1.4 million). Design to bring air conditioning to Baker, Mack, Canfield, Bradley and Paterson Halls via available capacity in the existing south high-rise geothermal plant. It is expected that construction approval will be sought in August 2019. The goal is to ensure the project is complete prior to the residence move-in for summer 2020. Foundation Report approved Trustees approved the University Foundation Report as of April 30, 2019, which includes the establishment of the Andrei Baronov and Ratmir Timashev Endowed Chair in Data Analytics and 40 additional named endowed funds totaling $5.9 million in private support to the university. Studio named The board approved naming the ideation zone lab within the Translational Data Analytics Institute in Pomerene Hall the Accenture Applied Intelligence Studio in recognition of Accenture\u2019s significant contributions to the institute. Pilot day room named Trustees approved naming the pilot day room at The Ohio State University Airport the Pilot Day Room Courtesy of City Barbeque in recognition of City Barbeque\u2019s significant contributions to construction of the airport. Covelli Center spaces named Trustees approved the naming of multiple spaces in the Covelli Center in recognition of donors who have provided significant contributions to construction of the facility: 2/16/25, 11:13 Ohio State University trustees revoke Richard Strauss\u2019 emeritus status, approve construction projects 5/15 Mike & Shyan O\u2019Shaughnessy Court (Shyan and Michael O\u2019Shaughnessy) Wellington Lew Lash Lobby (Deborah and Keith Wandell). Waiting area named The board approved naming the Solid Tumor Waiting Area (Room A500) in the James Cancer The Hadler Family Solid Tumor Waiting Area in honor of Stephen V. Breech in recognition of the Hadler family\u2019s significant contributions to The James. Program named Trustees approved renaming the Marci and Bill Ingram Comprehensive Center for Autism Spectrum Disorders as The Marci and Bill Ingram Adult Autism and Developmentally Disabled Patient Program in recognition of the Ingram family\u2019s support for the Center for Autism Services and Transition clinic. Jennings Wrestling Facility spaces named The board approved naming of multiple spaces in the Jennings Wrestling Facility in recognition of donors who have provided significant contributions to construction of the facility: Creps Family Lobby (Kristi and Darrel Creps) Kaufmann Lounge (Stephen E. Kaufmann) Teague Ryan and Family Recruiting War Room (Deborah and Jack Miller) Kathleen and Chris Snyder Weight Room (Kathleen and Christopher Snyder) Stage named Trustees approved naming the stage in the Saxbe Auditorium in Drinko Hall the Gretchen & Gregg Levy Family Stage in recognition of significant contributions to the Moritz College of Law from Gretchen and Gregg Levy. Veterinary clinic named Trustees approved the naming of the veterinary primary care clinic the Frank Stanton Veterinary Spectrum of Care Clinic in recognition of the Stanton Foundation\u2019s significant contributions to the College of Veterinary Medicine. Code of conduct amended The board approved amendments to the Code of Student Conduct. Changes 2/16/25, 11:13 Ohio State University trustees revoke Richard Strauss\u2019 emeritus status, approve construction projects 6/15 are designed to: Align with practices of the University Conduct Board and the Committee on Academic Misconduct to provide better notice for students on expectations and behaviors prohibited by the code. Clarify that complaints of discrimination and harassment, including sexual misconduct, will be governed by university policies 1.15 and 1.10 and placed under the jurisdiction of the new Office of Institutional Equity. Provide new language related to early resolution and amnesty for minor violations of the code in certain circumstances where the reporter may otherwise be hesitant to share information regarding a potential violation or call for assistance for a friend. New degrees established The board approved establishment of a bachelor of science in engineering technology degree program for the Lima, Marion, Mansfield and Newark campuses. The program will begin in autumn 2020, with the initial focus on manufacturing engineering technology and initially at the Lima, Marion and Mansfield campuses, with the Newark campus added later. The board also approved establishment of a master of engineering management program, a post-baccalaureate professional degree aimed at practicing engineers. Content for the degree will be delivered using distance education technology by faculty in the College of Engineering, the John Glenn College of Public Affairs and the Fisher College of Business. Summer commencement degrees and certificates approved Trustees approved the degrees and certificates to be conferred at summer commencement ceremonies on Aug. 4, 2019, to those persons who have completed the requirements for their respective degrees and certificates. and are recommended by the colleges and schools. Honorary degree approved The board approved the awarding of the honorary doctor of humane letters to Fareed Zakaria, host of Fareed Zakaria (Global Public Square) for Worldwide and columnist for The Washington Post, who delivered the university\u2019s spring commencement address. 2/16/25, 11:13 Ohio State University trustees revoke Richard Strauss\u2019 emeritus status, approve construction projects 7/15 Tuition waiver approved Trustees continued the tuition waiver for Ohio State students enrolled in university-approved Third Party Provider/Direct Enroll Study Abroad Programs for fiscal years 2020 and 2021. Personnel actions approved The board approved the following personnel appointments and reappointments: Oliver Adunka has been named professor and holder of the William H. Saunders M.D. Professorship in Otolaryngology in the College of Medicine effective March 1, 2019 through Feb. 28, 2023 Bridget A. Chapman has been named clinical assistant professor and holder of the Sander and Mechele Flaum Designated Professorship in Fluency in the College of Arts and Sciences effective March 1, 2019 through Aug. 31, 2020 Lincoln L. Davies has been named dean and professor and holder of the Frank R. Strong Chair in Law in the Moritz College of Law effective July 1, 2019 through June 30, 2024 Isabelle Deschenes has been appointed professor and holder of the Bernie Frick Research Chair in Heart Failure and Arrhythmia and chair of the Department of Physiology and Cell Biology in the College of Medicine effective Aug. 1, 2019 through July 31, 2023 Amy Fairchild has been named dean and professor in the College of Public Health effective July 1, 2019 through June 30, 2024 Roger B. Fingland has been named the Frank Stanton Endowed Chair in General Practice and Canine Health and Wellness in the College of Veterinary Medicine effective April 1, 2019 through May 31, 2024 Ramiro Garzon has been named professor and holder of the Bertha Bouroncle and Andrew Pereny Chair of Medicine in the College of Medicine effective March 1, 2019 through Feb. 28, 2023 Richard Gumina has been appointed associate professor and holder of the James Hay and Ruth Jansson Wilson Professorship in Cardiology in the College of Medicine effective March 1, 2019 through Feb. 28, 2023 Christopher Hoch has been named professor and holder of the Endowed Chair for Director of The Ohio State University Marching Band 2/16/25, 11:13 Ohio State University trustees revoke Richard Strauss\u2019 emeritus status, approve construction projects 8/15 in the College of Arts and Sciences effective April 1, 2019 through May 31, 2020 Joel T. Johnson has been named professor and holder of the Burn Jeng Lin, PhD and Sue Huang Lin Endowed ElectroScience Laboratory Professorship in the College of Engineering effective June 1, 2019 through May 31, 2024 Helen I. Malone has been appointed vice provost for academic policy and faculty resources in the Office of Academic Affairs effective June 1, 2019 through May 31, 2024 Kinh Luan Phan has been appointed professor and holder of the Charles F. Sinsabaugh Chair in Psychiatry, professor and chair of the Department of Psychiatry and Behavioral Health, and chief of Psychiatry Services for the Health System in the College of Medicine effective July 1, 2019 through June 30, 2023 Molly Ranz-Calhoun has been appointed interim senior vice president in the Office of Student life effective June 24, 2019 Gretchen Ritter has been named executive dean and vice provost in the College of Arts and Sciences effective Aug. 1, 2019 through July 31, 2024 Rachel Skaggs has been named assistant professor and holder of the Lawrence and Isabel Barnett Endowed Professorship of Arts Management in the College of Arts and Sciences effective Aug. 16, 2019 through Aug. 15, 2024 Allan Tsung has been named professor and holder of the John L. Marakas Nationwide Insurance Enterprise Foundation Chair in Cancer Research in the College of Medicine effective March 1, 2019 through Feb. 28, 2023 Jake Wozniak has been named treasurer and vice president for financial services and innovation in the Office of Business and Finance effective March 1, 2019 Ori Yehudai has been appointed assistant professor and holder of the Saul and Sonia Schottenstein Chair in Israel Studies in the College of Arts and Sciences effective Aug. 20, 2019 through Aug. 19, 2024 Christopher Culley has been reappointed senior vice president, general counsel and senior advisor to the president in the Office of Legal Affairs effective April 1, 2019 2/16/25, 11:13 Ohio State University trustees revoke Richard Strauss\u2019 emeritus status, approve construction projects 9/15 Ryan Day has been reappointed head football coach effective Jan. 1, 2019 to Jan. 31, 2024 Wendy L. Frankel has been reappointed professor and holder of the Ralph W. and Helen Kurtz Chair in Pathology, professor and chair of the Department of Pathology and chief of Pathology Services for the Health System in the College of Medicine effective July 1, 2019 through June 30, 2023 Tina M. Henkin has been reappointed professor and holder of the Robert W. and Estelle S. Bingham Designated Professorship in the College of Arts and Sciences effective July 1, 2019 through Aug. 31, 2024 Michelle L. Jones has been reappointed professor and holder of the D.C. Kiplinger Chair in Floriculture in the College of Food, Agricultural and Environmental Sciences effective Feb. 1, 2019 through Jan. 31, 2022 William L. MacDonald has been reappointed dean and director of The Ohio State University at Newark effective July 1, 2019 through June 30, 2024 Maria Palazzi has been reappointed as professor and Ohio Eminent Scholar in Art and Design Technology in the College of Arts and Sciences effective Sept. 1, 2019 through July 31, 2020 Eugene D. Smith has been reappointed senior vice president and Wolfe Foundation Endowed Athletics Director in the Department of Athletics effective July 1, 2020 through July 30, 2022 Karla S. Zadnik has been reappointed dean of the College of Optometry effective July 1, 2019 through June 30, 2024 Dongping Zhong has been reappointed professor and holder of the Robert Smith Endowed Professorship in Physics in the College of Arts and Sciences effective Sept. 1, 2019 through Aug. 31, 2024 Interim budget, capital investment plans approved Trustees approved an interim operating budget and interim capital investment plan for fiscal year 2020. The university has not yet finalized its operating budget or capital investment plan and will adopt new ones at the August 2019, board meeting. The interim plans will allow the university to make operating expenditures at 2019 levels and capital expenditures consistent with the 2020-24 Capital Investment Plan. 2/16/25, 11:13 Ohio State University trustees revoke Richard Strauss\u2019 emeritus status, approve construction projects 10/15 Investment benchmark weighting modified Trustees approved modification of the university\u2019s benchmark weighting for certain asset classes of the university\u2019s Long-Term Investment Pool. Financial procedures authorized The board approved the annual authorization designating university officials to buy, sell, assign and transfer securities, to deposit or withdraw funds from bank accounts held in the name of The Ohio State University, to designate depositories and to execute related agreements. Faculty rules amended Trustees approved amendments to the Rules of the University Faculty regarding membership of University Senate and committees, and rules concerning clinical/teaching/practice and research appointments. Self-Insurance Board appointments approved Trustees approved the following appointments to the Self-Insurance Board effective July 1, 2019 Charlotte Agnone, MD, term ending June 30, 2021 (reappointment) L. Arick Forrest, MD, term ending June 30, 2021 (reappointment) Reed Fraley, term ending June 30, 2021 (reappointment) James Gilmour, term ending June 30, 2021 (reappointment) Andrew Thomas, MD, term ending June 30, 2021 (reappointment) Bylaws amended Trustees approved amendments to the Bylaws of the Board of Trustees regarding meetings of the board, charter trustees and committees of the board. The board also approved amendments to the Bylaws of the Wexner Medical Center Board regarding the quality and professional affairs committee and the medical staff. Statement of Expectations amended Trustees amended the Statement of Expectations guiding behavior of members of The Ohio State University Board of Trustees, developed in 2007. Amendments address comportment among trustees, comportment with the 2/16/25, 11:13 Ohio State University trustees revoke Richard Strauss\u2019 emeritus status, approve construction projects 11/15 president, comportment with internal and external constituents, and compliance. Board of Trustees committee appointments approved The board approved the appointment of members to the following committees for 2019-20: Academic Affairs and Student Life Committee: Alex Shumate, Chair Brent R. Porteus, Vice Chair Cheryl L. Krueger Abigail S. Wexner Hiroyuki Fujita Alan A. Stockmeister Elizabeth P. Kessler Jeff M.S. Kaplan Anand Shah Alan VanderMolen Janet Porter Richard K. Herrmann (faculty member) Finance Committee: Timothy P. Smucker, Chair Gary R. Heminger, Vice Chair Erin P. Hoeflinger Alexander R. Fischer John W. Zeiger Lewis Von Thaer Janice M. Bonsu James D. Klingbeil Lawrence A. Hilsheimer Advancement Committee: Erin P. Hoeflinger, Chair Alan A. Stockmeister, Vice Chair Alex Shumate Cheryl L. Krueger Abigail S. Wexner 2/16/25, 11:13 Ohio State University trustees revoke Richard Strauss\u2019 emeritus status, approve construction projects 12/15 Janice M. Bonsu Alan VanderMolen Janet Porter Nancy Kramer Craig S. Bahner Kristin L. Watt (Alumni Association member) Catherine Baumgardner (Alumni Association member) Gifford Weary (Foundation Board member) Alec Wightman (Foundation Board member) Audit and Compliance Committee: John W. Zeiger, Chair Elizabeth P. Kessler, Vice Chair Timothy P. Smucker Brent R. Porteus Hiroyuki Fujita Lewis Von Thaer Gary R. Heminger Jeff M.S. Kaplan Anand Shah James D. Klingbeil Amy Chronis Talent and Compensation Committee Hiroyuki Fujita, Chair Lewis Von Thaer, Vice Chair Alex Shumate Erin P. Hoeflinger John W. Zeiger Elizabeth P. Kessler Jeff M.S. Kaplan Janice M. Bonsu Janet Porter Master Planning and Facilities: Alexander R. Fischer, Chair James D. Klingbeil, Vice Chair Timothy P. Smucker 2/16/25, 11:13 Ohio State University trustees revoke Richard Strauss\u2019 emeritus status, approve construction projects 13/15 Brent R. Porteus Alan A. Stockmeister Gary R. Heminger Anand Shah Robert H. Schottenstein Governance Committee: Alex Shumate, Chair Janet Porter, Vice Chair Timothy P. Smucker Erin P. Hoeflinger Alexander R. Fischer Hiroyuki Fujita Gary R. Heminger Janice M. Bonsu Alan VanderMolen Wexner Medical Center Committee: Leslie H. Wexner, Chair Abigail S. Wexner Cheryl L. Krueger Hiroyuki Fujita John W. Zeiger Janet Porter Stephen D. Steinour Robert H. Schottenstein W.G. Jurgensen Cindy Hilsheimer Michael J. Gasser (ex officio, voting) Michael V. Drake (ex officio, voting) Harold L. Paz (ex officio, voting) Bruce A. McPheron (ex officio, voting) Michael Papadakis (ex officio, voting) William B. Farrar (ex officio, non-voting) L. Arick Forrest (ex officio, non-voting) Mary A. Howard (ex officio, non-voting) K. Craig Kent (ex officio, non-voting) 2/16/25, 11:13 Ohio State University trustees revoke Richard Strauss\u2019 emeritus status, approve construction projects 14/15 Mark E. Larmore (ex officio, non-voting) Amanda N. Lucas (ex officio, non-voting) David P. McQuaid (ex officio, non-voting) Susan D. Moffatt-Bruce (ex officio, non-voting) Thomas J. Ryan (ex officio, non-voting) Elizabeth O. Seely (ex officio, non-voting) Andrew M. Thomas (ex officio, non-voting) Resolutions in memoriam adopted The board adopted resolutions in memoriam for the following persons: Clara Creager, professor emeritus of art, who died on Nov. 20, 2018 Lit S. Han, professor emeritus of mechanical engineering, who died on April 13, 2017 Neal F. Johnson, professor emeritus of psychology, who died on Dec. 4, 2019 John H. Kessel, distinguished professor emeritus of political science, who died on Jan. 28, 2019 John D. Lee, professor emeritus of aerospace engineering, who died on April 13, 2019 Glyn Meyrick, professor emeritus of materials science who died on Jan. 11, 2019 Peter Spike, professor emeritus of animal sciences, who died on April 17, 2019 2/16/25, 11:13 Ohio State University trustees revoke Richard Strauss\u2019 emeritus status, approve construction projects 15/15", "8261_102.pdf": "Ohio Senate approves bill prompted by Strauss sexual assault cases 3, 2024 4:50 \ue671 \ue61b \uf39e \uf0e1 \uf0e0 \uf0c1 \uf02f \uf030 State Sen. Bob Hackett, R-London, during the Ohio Senate session, February 8, 2023, in the Senate Chamber at the Statehouse in Columbus, Ohio. (Photo by Graham Stokes for Ohio Capital Journal. Republish photo only with original article.) This week the Ohio Senate approved a measure prompted by the case of Richard Strauss, an Ohio State University team doctor who sexually assaulted hundreds of students under the guise of medical care. The legislation\u2019s Senate passage comes five years after Strauss\u2019s behavior \u2014 and the lack of institutional action to stop it \u2014 came to light publicly. It still needs to pass the Ohio House. \u201cThe Richard Strauss matter was an unthinkable tragedy that greatly affected citizens of Ohio, who we have a duty to protect,\u201d Sen. Bob Hackett, R-London, said on the Senate floor \uf002 2/16/25, 11:13 Ohio Senate approves bill prompted by Strauss sexual assault cases \u2022 Ohio Capital Journal 1/7 \u201cSenate Bill 109 seeks to increase accountability of licensed medical professionals by holding them to the same standard as other professions with an existing power dynamic,\u201d he explained, \u201cwhile providing the State Medical Board enough resources to remove bad actors from practice.\u201d His legislation takes its cues from a working group Gov. Mike DeWine established in 2019. After it became clear that university officials and the state medical board had received, but not acted on, complaints about Strauss\u2019s abuse, DeWine sought a review of medical board sexual misconduct cases for the last 25 years. Ohio State employed a serial sex abuser. Its fight with his victims lives on As Ohio State University came to publicly acknowledge that a physician it employed abused hundreds of students over two decades, it also waged several high-stakes legal and political fights against some of his victims to narrow their path to financial damages, an Ohio Capital Journal investigation has found. In state and federal courtrooms and behind \u2026 Continue reading Ohio Capital Journal In committee testimony Hackett described his bill as \u201cthe culmination\u201d of that work. Some Strauss survivors contend there\u2019s more work to be done. What would change? The proposal expands the offense of sexual battery in a couple of ways. First, it includes sexual contact within the scope of prohibited action \u2014 current law applies to sexual conduct. Second, the statute establishes several relations of trust \u2014 parents, teachers, coaches \u2014 for whom sexual contact would amount to sexual battery. Hackett\u2019s bill adds to that list medical professionals who engage in sexual activity during the course of treatment. 2/16/25, 11:13 Ohio Senate approves bill prompted by Strauss sexual assault cases \u2022 Ohio Capital Journal 2/7 The bill also establishes several new requirements for how misconduct allegations play out with the state medical board. When prosecutors indict licensees on sexual battery charges they\u2019ll have to inform the board. Healthcare facilities face similar requirements if they launch an investigation of a licensee. The proposal also authorizes the board to automatically suspend a licensee charged with a felony in another state, provide written disclosure to patients when a practitioner is on probation and requires it to post information about probations on its website. Additionally, the board would be able to bring in an outside perspective \u2014 what the legislation terms, a \u201cconsumer member\u201d who doesn\u2019t hold a medical license \u2014 when handling sexual misconduct complaints. Speaking in support of the legislation, Sen. Paula Hicks-Hudson, D- Toledo, said think it\u2019s most important for us to remember the victims that came before this committee, and talked about the gaps between the medical board and the criminal justice and how this legislation will help to close that gap.\u201d \uf030 Stephen Snyder-Hill, lead plaintiff in a lawsuit against Ohio State University related to sexual abuse by former university doctor Richard Strauss, poses for a portrait, August 17, 2022, in Columbus, Ohio. (Photo by Graham Stokes for the Ohio Capital Journal. Republish photo only with original story survivor\u2019s response Stephen Snyder-Hill has been perhaps the most outspoken survivor of Strauss\u2019s abuse. In the mid-1990s, he filed complaints about 2/16/25, 11:13 Ohio Senate approves bill prompted by Strauss sexual assault cases \u2022 Ohio Capital Journal 3/7 Strauss, and falsely assured that the school had never received similar complaints about the doctor university-commissioned report found at least 177 first-hand accounts of abuse beginning in 1979 \u2014 one year after he began working for OSU. Since then, hundreds more have come forward, and the school has settled lawsuits with many. But Snyder-Hill, and scores of other plaintiffs are still fighting the school in court. Last year, the U.S. Supreme Court allowed that case to proceed. In an email, Snyder-Hill insisted \u201cany real meaningful legislation that holds sexual predators accountable is welcome by survivors,\u201d but he worries whether 109 does enough. For instance, Snyder-Hill argued the provision requiring doctors to inform patients about being placed on probation happens too late in the process. \u201cThey would already have to be on probation for sexual misconduct,\u201d he said, \u201cso to me this would have already been exposed and addressed before they would be required to notify you.\u201d Instead he argued the board would be better served instituting a system in line with his demands of the university back in 1996: if a patient complains, they should be notified about future complaints. He also argued the measure may be too narrowly focused. While it expands offenses and mandates greater communication between investigators and the medical board once disciplinary action begins, it does little to demand accountability from employers. \u201cThis bill really only addresses the medical board, and the abuser,\u201d Snyder-Hill said, \u201cthey seem to be missing the point of the organization facilitating the abuse.\u201d The Strauss report paints a picture of a sprawling institution repeatedly warned of an employee\u2019s well-known pattern of abuse. Under 109, if those warnings don\u2019t result in investigations, the medical board wouldn\u2019t be any the wiser. The measure instead puts its emphasis on individuals \u2014 expanding the offense of failure to report a crime, and offering civil and criminal immunity to anyone who comes forward to report misconduct. Instead of changing guidelines for reporting, Snyder-Hill said, lawmakers should be reforming the statute of limitations and public records law. He noted Ohio law already required to turn over 2/16/25, 11:13 Ohio Senate approves bill prompted by Strauss sexual assault cases \u2022 Ohio Capital Journal 4/7 documents related to his own abuse. The Ohio Court of Claims determined the school ignored those requirements. The result? Ohio State paid a $25 fine. \u201cAll the legislation in the world isn\u2019t going to stop them unless the laws put harsh penalties against organizations like that just ignores the rules,\u201d Snyder-Hill said. \u201cNothing in this bill holds corrupt organizations like accountable.\u201d Follow Reporter Nick Evans on Twitter Our stories may be republished online or in print under Creative Commons license 4.0. We ask that you edit only for style or to shorten, provide proper attribution and link to our website and Getty images may not be republished. Please see our republishing guidelines for use of any other photos and graphics \uf0e0\ue671 Nick Evans has spent the past seven years reporting for member stations in Florida and Ohio. He got his start in Tallahassee, covering issues like redistricting, same sex marriage and medical marijuana. Since arriving in Columbus in 2018, he has covered everything from city council to football. His work on Ohio politics and local policing have been featured numerous times on NPR. 2/16/25, 11:13 Ohio Senate approves bill prompted by Strauss sexual assault cases \u2022 Ohio Capital Journal 5/7 Ohio Capital Journal is part of States Newsroom, the nation\u2019s largest state-focused nonprofit news organization April 19, 2024 HERN\u00c1NDEZ September 12, 2023 The Ohio Capital Journal is an independent, nonprofit news organization dedicated to connecting Ohioans to their state government and its impact on their lives. The Capital Journal combines Ohio state government coverage with incisive investigative journalism, reporting on the consequences of policy, political insight and principled commentary. We\u2019re part of States Newsroom, the nation\u2019s largest state-focused nonprofit news organization Policy | Ethics Policy | Privacy Policy Our stories may be republished online or in print under Creative Commons license 4.0. We ask that you edit only for style or to shorten, provide proper attribution and link to our website. (See full republishing guidelines.) Bill to rid Ohio of spousal rape exception receives support in state Senate Sexual assault survivors can now track their rape kits in most states 2/16/25, 11:13 Ohio Senate approves bill prompted by Strauss sexual assault cases \u2022 Ohio Capital Journal 6/7 \ue671 \uf39e \uf179 \u00a9 Ohio Capital Journal, 2025 v1.74.4 FAIR. FEARLESS. FREE. 2/16/25, 11:13 Ohio Senate approves bill prompted by Strauss sexual assault cases \u2022 Ohio Capital Journal 7/7", "8261_103.pdf": "Strauss Investigation Media Please contact the media relations team with questions via phone at 614-292-9681 or email osumedia@osu.edu What was the Strauss investigation From 1978 to 1998, Richard Strauss was employed by Ohio State as a physician treating students and student-athletes. Strauss died in 2005. In March 2018, Ohio State received a report from a former student-athlete about sexual abuse by Strauss decades earlier. Ohio State took the allegations seriously and acted immediately. Less than one week later, Ohio State announced an investigation and notified the Columbus Division of Police. Perkins Coie was retained to conduct an external, independent investigation. Ohio State broadly communicated about the investigation, contacting 115,000 alumni and former student-athletes and reaching an additional 147,000 people through university-wide notifications to inform them of the investigation; encourage them to share any information they had with the independent investigators; and provide updates about the investigation How did Ohio State respond to the Strauss investigation? Home \uf005Media \uf012 Strauss Investigation \uf010 Resources Media \uf00e 2/16/25, 11:14 Media | Strauss Investigation at Ohio State 1/4 Over the past five years, Ohio State has led the effort to investigate Strauss\u2019 abuse and the university\u2019s failure at the time to prevent it. Since 2018, Ohio State has: \uf001 condemned Strauss\u2019 abuse and the university\u2019s failure at the time to prevent it; \uf001 expressed its regret and sincere apologies to each person impacted by Strauss; \uf001 thanked the survivors for courageously bringing Strauss\u2019 abuse to light; \uf001 covered the cost of professionally certified counseling services and medical treatment for anyone affected by Strauss for as long as needed, as well as reimbursed costs for pre-existing counseling and treatment related to Strauss; \uf001 provided survivors multiple opportunities to share their experiences with university leadership and the Board of Trustees; \uf001 established a task force on sexual abuse, which included national and Ohio State experts who partnered with survivors of sexual abuse, including a Strauss survivor; \uf001 took special action to revoke Strauss\u2019 emeritus status; \uf001 provided more than $60 million in monetary compensation to 296 survivors through a trauma-informed approach that did not require survivors to prove they were harmed through any litigation process such as discovery or depositions What has Ohio State done for the survivors Ohio State has covered the cost of professionally certified counseling services and medical treatment for anyone affected by Strauss for as long as needed, as well as reimbursed costs for pre-existing counseling and treatment related to Strauss. In addition, Ohio State has sincerely and persistently tried to reconcile with survivors through monetary and non-monetary means. Among other things, all male students who filed lawsuits have been offered the opportunity to settle, and the majority of survivors have settled their claims, for a sum of more than $60 million. In addition, Ohio State has undertaken numerous additional efforts to ensure that this never happens again. 2/16/25, 11:14 Media | Strauss Investigation at Ohio State 2/4 Were plaintiffs given the opportunity to settle their lawsuits Yes. Ohio State offered survivors the opportunity to settle their suits for substantial amounts. Plaintiffs had the opportunity to settle through mediation, an individual settlement program, or separately negotiated group and individual settlements. Most settlements were managed independently by a third party who specializes in assessing damages and determining settlement amounts in sexual abuse lawsuits. The majority of the survivors settled their claims. Ohio State provided $60 million in settlements to 296 survivors through a trauma-informed approach that did not require individuals to prove they were harmed through any litigation process such as discovery or depositions. Ohio State has sincerely and persistently tried to reconcile with survivors through monetary and non-monetary means, and all male students who filed lawsuits have been offered the opportunity to settle. The remaining plaintiffs who were male students rejected monetary offers and continue to pursue their legal claims. Archived statements and updates 2018 \uf005 2019 \uf005 2020 \uf005 2021 \uf005 2022 \uf005 2023 \uf005 2/16/25, 11:14 Media | Strauss Investigation at Ohio State 3/4 The Ohio State University Columbus If you have a disability and experience difficulty accessing this content, please contact us. \uf203 \uf205 \uf20a \uf206 \uf20b \uf209 Privacy Statement Non-discrimination Notice Cookie Settings \u00a9 2025 The Ohio State University 2/16/25, 11:14 Media | Strauss Investigation at Ohio State 4/4", "8261_104.pdf": "View full list of active weather alerts Gavel Photo/Charlie Neibergall) Strauss sex abuse victims say they could be headed to trial against 6:00 MAR. 01, 2024 COLUMBUS, Ohio \u2014 The Ohio State University sexual abuse scandal involving a former physician has made its way to federal court. An attorney representing several people who say they are sex abuse victims of former Ohio State Doctor Richard Strauss said their case against the school will be 24 16, 2025 2/16/25, 11:14 Strauss sex abuse victims say they could be headed to trial 1/5 headed to trial in 2025. The two sides met in court on Thursday for a status conference with the judge. What You Need To Know An attorney representing several plaintiffs in the case say the lawsuit is on its way to trial in 2025 Previously, the United States Supreme Court declined to consider the appeal, because of Title claims and its legal impact on universities and students. The Federal Court met on February, 29, 2024 for a status conference The lawsuit is a part of an ongoing investigation that has lasted a few years. Nearly 200 men are suing The Ohio State University for alleged sexual abuse that took place when Dr. Richard Strauss was a physician in the school. The university has previously apologized to victims and reached settlements totaling $60 million with some victims. The university is arguing to have the remaining unsettled cases dismissed and has been fighting this for the past six years. The university\u2019s main argument is that the time limit for the claims has passed. Meanwhile, The United States Supreme Court has already declined the case because of Title claims and its legal impact on universities and students. On Thursday, a federal judge met with attorneys for both sides and is pushing for mediation to resolve the case. They spent nearly 30 minutes in discussion in a court meeting behind closed doors. According to a plaintiff\u2019s attorney, the federal case is set to head to trial next year. \u201cThe judge is hearing the issues about how we\u2019re doing and how we\u2019re working together to see if the case is moving towards a trial, because there\u2019s a lot of information that needs to be exchanged back and forth before a trial happens. Depositions, subpoenas and so forth,\u201d said Rocky Ratliff, an attorney representing 42 plaintiffs. Ratliff said it will take time to sort through nearly 235 individual cases in the court. He also said it will be a long-road ahead. \u201cWell, really going to trial is sometimes an anxious moment,\u201d said Ratliff. \u201cHowever, for my 42 individuals don\u2019t think it is an anxious moment. We know we have the truth on our side. We know what happened. We know we were victimized. We know we\u2019re survivors of Dr. Richard Strauss at OSU. So we\u2019re ready to take the stand and 24 16, 2025 2/16/25, 11:14 Strauss sex abuse victims say they could be headed to trial 2/5 tell the world what happened. That\u2019s never an anxious moment. These are the most highly trained athletes during their time. So, they\u2019re not scared of the other side at all because we know ultimately we have the truth.\u201d He said each time they meet in court, they will continue to review depositions and subpoenas. Strauss worked for the university from the 1970s until 1998 Kentucky finalizes $110M opioid settlement with Kroger | 1 2:27 24 16, 2025 2/16/25, 11:14 Strauss sex abuse victims say they could be headed to trial 3/5 Sen. Sherrod Brown flexes powers, gives final message at his last-ever Banking Committee hearing as chair WASHINGTON, D.C. | 2 Lawmakers debate Syria strategy after Assad's ouster WASHINGTON, D.C. | 2 2024 Bill Clinton campaigns in Cleveland for Sherrod Brown in last-minute push to boost voter turnout WASHINGTON, D.C. | 3 2:18 24 16, 2025 2/16/25, 11:14 Strauss sex abuse victims say they could be headed to trial 4/5 \u00a9 2025, Charter Communications, all rights reserved 24 16, 2025 2/16/25, 11:14 Strauss sex abuse victims say they could be headed to trial 5/5", "8261_105.pdf": "Support Our Work HEADQUARTERS: 1620 630 20036 | PH: 20 OFFICE: 475 14TH 610 94612 Snyder-Hill v. The Ohio State University a Snyder-Hill v. The Ohio State University a Ohio State University Ohio State University Public Justice Public Justice / / Snyder-Hill v. The Ohio State University and Moxley v. The Ohio State Snyder-Hill v. The Ohio State University and Moxley v. The Ohio State \uf002 2/16/25, 11:14 Snyder-Hill v. The Ohio State University and Moxley v. The Ohio State University | Public Justice 1/6 Support Our Work HEADQUARTERS: 1620 630 20036 | PH: 20 OFFICE: 475 14TH 610 94612 Snyder-Hill v. The Ohio State University and Moxley v. The Ohio State University Public Justice and its co-counsel represent 127 survivors of sexual abuse by Ohio State Universit doctor Richard Strauss. They are among the potentially thousands of male students, workers, an visitors sexually abused by Dr. Strauss while he was employed by Ohio State. The lawsuit allege that knew about, facilitated, and concealed Dr. Strauss\u2019s serial sexual abuse for decades employed Dr. Strauss to provide medical care and treatment to its students and student- athletes, making him a professor of medicine, an official sports team doctor, and an attending physician at the student health center. Dr. Strauss used his position of trust and confidence at to sexually abuse male students, participants in summer youth sports camps, workers, and visito on a regular basis throughout his 20-year tenure at the university, from 1978 through 1998. On May 17, 2019, the firm of Perkins Coie, which conducted an OSU-commissioned investigation released a damning report showing there were at least 177 abuse survivors and concluding tha had repeatedly failed to investigate or address complaints about Strauss. Several months later, a report commissioned by Ohio Governor Mike DeWine also concluded th failed to protect or inform students\u2014even after the school was notified in 1996 by the State Medical Board about Strauss\u2019 conduct. Instead of working to identify other students who had be abused by Strauss, as told the State Medical Board it would, the school instead destroyed the health care records of students who had been examined by Strauss. In 2020 released federally required data showing that, from 2018-2019, it had received reports of 2,201 instances of fondling and 127 instances of rape attributable to Strauss. OSU\u2019s institutional indifference to the rights and safety of its students and others\u2014who, collectively, were exposed to decades of sexual abuse by Dr. Strauss\u2014is staggering. Plaintiffs file suit against in the hope that the university will fulfill its stated goal of becoming \u201ca national leader\u201d in preventing and responding to sexual misconduct by making the systemic changes needed to ensure that students can obtain their education in a safe environment, free from sexu harassment and abuse by employees. Plaintiffs also seek compensation for their injuries caused by OSU\u2019s failure to take appropriate action to stop Dr. Strauss\u2019s known sexual predation, violation of Title of the Education Amendments of 1972 moved to dismiss the case, arguing that plaintiffs\u2019 claims are barred by the statute of limitations. After the initial motion to dismiss was briefed, the court ordered the parties to participate in mediation. On March 15, 2019, the court referred the case to mediation before Sen U.S. District Court Judge Michael R. Barrett of the Southern District of Ohio. On June 28th, 2021, 34 additional Strauss survivors took action in a separate complaint, Moxley v. The Ohio State University. Public Justice joined as co-counsel in this case as well. The additional case illustrates the systemic failure of to protect its students from sexual abuse. On September 22, 2021, the district court dismissed the survivors\u2019 claims in Snyder-Hill and relate cases as untimely. The plaintiffs appealed to the U.S. Court of Appeals for the Sixth Circuit. The \uf002 2/16/25, 11:14 Snyder-Hill v. The Ohio State University and Moxley v. The Ohio State University | Public Justice 2/6 Support Our Work HEADQUARTERS: 1620 630 20036 | PH: 20 OFFICE: 475 14TH 610 94612 cases as untimely. The plaintiffs appealed to the U.S. Court of Appeals for the Sixth Circuit. The Sixth Circuit heard oral argument in the Snyder-Hill and Moxley cases on July 26, 2022. On September 14, 2022, the Sixth Circuit ruled in favor of the survivors, reversing the district cou opinion and rejecting OSU\u2019s claims that their claims were untimely filed a writ of certiorari with the U.S. Supreme Court, which was denied on June 26, 2023. There are currently 107 active plaintiffs across both Moxley and Snyder-Hill groups. You can hear former students speak about Dr. Strauss\u2019s abuse and OSU\u2019s role in enabling the predation here \uf002 2/16/25, 11:14 Snyder-Hill v. The Ohio State University and Moxley v. The Ohio State University | Public Justice 3/6 Support Our Work HEADQUARTERS: 1620 630 20036 | PH: 20 OFFICE: 475 14TH 610 94612 \uf002 2/16/25, 11:14 Snyder-Hill v. The Ohio State University and Moxley v. The Ohio State University | Public Justice 4/6 Support Our Work HEADQUARTERS: 1620 630 20036 | PH: 20 OFFICE: 475 14TH 610 94612 Filed June 1, 2023 Sexual Harassment, Students' Civil Rights Project Dr. Richard Strauss, Ohio State University, Serial Sexual Abuse, Sexual Abuse, sexual assault, Sixth Circuit \uf002 Search the Case Database \uf002 2/16/25, 11:14 Snyder-Hill v. The Ohio State University and Moxley v. The Ohio State University | Public Justice 5/6 Support Our Work HEADQUARTERS: 1620 630 20036 | PH: 20 OFFICE: 475 14TH 610 94612 \uf002 2/16/25, 11:14 Snyder-Hill v. The Ohio State University and Moxley v. The Ohio State University | Public Justice 6/6", "8261_106.pdf": "By Corky Siemaszko Oct. 13, 2023, 4:49 Faced with more lawsuits, Ohio State denies covering up sex abuse scandal years after paying out millions in damages In 2018 the school had apologized to students after an independent investigation concluded that coaches and administrators knew about the abuse and failed to stop it lone person makes their way through the \"Oval\" at the Ohio State University in Columbus in 2020. Matthew Hatcher / Getty Images file 2/16/25, 11:14 Faced with more lawsuits, Ohio State denies covering up sex abuse scandal years after paying out millions in damages 1/6 Ohio State University has paid out $60 million in settlement money in the last few years to hundreds of former students and athletes who say they were sexually abused decades ago by a school doctor. Its former president has publicly apologized \u201cto each person who endured\u201d abuse at the hands of the late Dr. Richard Strauss. And the university has repeatedly said it was on the side of the hundreds of men that Strauss preyed on from the 1970s to the 1990s, mostly under the guise of performing medical exams like hernia checks, which require a doctor to examine a patient\u2019s genitals. But faced with at least five more lawsuits from some 236 men alleging they too were molested by Strauss is now denying it ever \u201cadmitted\u201d to any wrongdoing. 2/16/25, 11:14 Faced with more lawsuits, Ohio State denies covering up sex abuse scandal years after paying out millions in damages 2/6 2/16/25, 11:14 Faced with more lawsuits, Ohio State denies covering up sex abuse scandal years after paying out millions in damages 3/6 In a response to the lawsuits filed Tuesday in the federal court for the Southern District of Ohio by OSU\u2019s attorney Michael H. Carpenter, the university says now it never admitted \u201cDr. Strauss committed 1,429 sexual assaults and 47 rapes.\u201d The settlements that the university paid out were without admission of liability and were reached through mediation. It also denies covering up the abuses by Strauss, who died by suicide in 2005, and said it cannot corroborate the conclusions of the independent law firm picked to probe the scandal, Perkins Coie, which declared in its 2019 report that coaches and administrators knew for two decades that Strauss was molesting male students but failed to stop him. The university issued an apology following the release of the report saying, \u201cOur institution\u2019s fundamental failure at the time to prevent this abuse was unacceptable \u2014 as were the inadequate efforts to thoroughly investigate complaints raised by students and staff members.\u201d And as for the abuse claims of the hundreds of students whose lawsuits are outstanding against the university, \u201cOhio State states is it without knowledge or information sufficient to form a belief as the truth of the remaining allegations.\u201d In addition requested in the court papers that the former students suing the school pay the school\u2019s legal fees. Strauss survivor Steve Snyder-Hill, one of the men suing OSU, called the university\u2019s demand that they shoulder the legal costs \u201ca slap in the face.\u201d But what he said truly angers him is the suggestion in the court papers that some of their claims should be dismissed because they didn\u2019t realize at the time they were being sexually abused. \u201cThat is an insult to the #MeToo movement and blatantly spits in the face of every person who experienced sexual assault,\u201d Snyder-Hill said. Former wrestler and Strauss victim Tom Lisy wasn\u2019t surprised and said he \u201cexpected Ohio State to lie in their filing.\u201d \u201cThey have done it throughout to protect their brand,\u201d he said. \u201cThat\u2019s why they covered up Strauss from the beginning.\u201d Dr. Richard Strauss from a 1978 Ohio State University employment application. Ohio State University via 2/16/25, 11:14 Faced with more lawsuits, Ohio State denies covering up sex abuse scandal years after paying out millions in damages 4/6 Matt Reed, a former gymnast suing the school, said he was \u201cdisgusted with the continuing lies and victimization\u201d of Strauss victims by the university and by Ohio Attorney General David Yost, whose name appears at the bottom of the answer expected Ohio State to continue the war against us,\u201d Reed said did not expect a complete denial.\u201d Ohio State spokesman Ben Johnson declined to answer specific questions about the university\u2019s response. \u201cThe court filings speak for themselves,\u201d he said via email. Neither Carpenter nor Yost responded to requests for comment by phone and email from News. Legal experts said it\u2019s not uncommon for defendants to deny allegations in a complaint after a case against them moves forward. In this case, it was the Supreme Court that pushed the case forward in June by refusing OSU\u2019s request to reconsider a lower court ruling that said former students should be allowed to sue the school for failing to protect them from Strauss in the 1980s and 1990s. But OSU\u2019s fresh denials come more than four years after then-university president Michael V. Drake expressed, on behalf of OSU, \u201cprofound regret and sincere apologies\u201d to the Strauss victims and praised \u201cthe strength and courage of (the) survivors.\u201d \u201cThe difference between the answer and OSU\u2019s public position is still striking,\u201d said Ilann Maazel, one of the attorneys involved in the remaining lawsuits against the university. Tommy James, an attorney who has taken on big institutions like the Alabama Department of Youth Services, said he\u2019s seen language like this before. \u201cEven when defendants, such as Ohio State, have previously acknowledged a failure to prevent abuse, they frequently deny similar allegations involving the same perpetrators in subsequent lawsuits,\u201d said James, who is not involved in any of the lawsuits against OSU. Rocky Ratliff, a former Ohio State wrestler and Strauss victim who is also a lawyer representing some of the plaintiffs, said lacks \u201ca moral compass and they continue to demean and belittle survivors.\u201d \u201cIt\u2019s disappointing that the school that we love and have bled for keeps fighting against its most loyal alumni while pretending to care,\u201d added Will Knight, another former wrestler who says he was abused by Strauss and is suing OSU. 2/16/25, 11:14 Faced with more lawsuits, Ohio State denies covering up sex abuse scandal years after paying out millions in damages 5/6 Ohio State has been playing defense since 2018 when whistleblower and former wrestler Mike DiSabato came forward with allegations that Strauss molested him and many of his teammates during physicals. The scandal spread to Washington, D.C., when DiSabato and several other wrestlers accused their former assistant coach, powerful Rep. Jim Jordan, R-Ohio, of turning a blind eye to Strauss\u2019 abuses. Jordan, who is named in several of the lawsuits filed against OSU, has repeatedly denied any knowledge of what Strauss was doing. And he continued to reiterate that story on Tuesday when Ratliff and three other former wrestlers told News that Jordan betrayed them and that he lacks the necessary \u201ccharacter\u201d to be the next speaker of the House, a nomination Jordan secured Friday following a vote by House Republicans. But his future in getting the required number of votes on the floor remains uncertain. Corky Siemaszko Corky Siemaszko is a senior reporter for News Digital. 2/16/25, 11:14 Faced with more lawsuits, Ohio State denies covering up sex abuse scandal years after paying out millions in damages 6/6", "8261_107.pdf": "Ohio State University abuse scandal The Ohio State University abuse scandal centered on allegations of sexual abuse that occurred between 1978 and 1998, while Richard Strauss was employed as a physician by the Ohio State University (OSU) in the Athletics Department and in the Student Health Center. An independent investigation into the allegations was announced in April 2018 and was conducted by the law firm Perkins Coie. In July 2018, several former wrestlers accused former head coach Russ Hellickson and U.S. representative Jim Jordan, who was an assistant coach at between 1987 and 1994, of knowing about Strauss's alleged abuse but failing to take action to stop it. Jordan has denied that he had any student-athlete report sexual abuse to him. The report, released in May 2019, concluded that Strauss abused at least 177 male student-patients and that was aware of the abuse as early as 1979, but the abuse was not widely known outside of athletics or student health until 1996, when he was suspended from his duties. Strauss continued to abuse students at an off-campus clinic until his retirement from the university in 1998 was faulted in the report for failing to report Strauss's conduct to law enforcement. In May 2020, the university entered into a settlement and agreed to pay $40.9 million to 162 sexual abuse survivors.[1] Five lawsuits against the university are pending.[2] Richard Strauss (1938\u20132005) received his medical degree from the University of Chicago in 1964, and interned at the associated hospital system until June 1965. Afterward, he served as a lieutenant in the Medical Corps of the United States Navy from 1966 to 1968, and received an honorable discharge. He then took a two-year post-doctoral fellowship at the School of Medicine at the University of Washington until 1970, and then worked as an assistant professor of physiology at both the University of Pennsylvania (1970\u20131972) and the University of Hawai\u02bbi (1972\u201374). After Hawaii, Strauss worked as a medical resident at Rutgers University (1974\u20131975) and as a research fellow at Harvard Medical School (1975\u20131978).[3]: 21\u201323 Hawaii found no records of any complaints filed against Strauss during his time there.[4] Strauss was hired as an assistant professor in the College of Medicine in September 1978; shortly afterward, he began volunteering as a team physician at Larkins Hall, OSU's physical education building. He was appointed to a position in the athletics department in 1981, and to student health in 1994.[3]: 2 In athletics, Strauss served as a team physician for multiple teams, including men's wrestling, gymnastics, fencing, lacrosse, and swimming and diving; he additionally treated students Background 2/16/25, 11:14 Ohio State University abuse scandal - Wikipedia 1/14 Is this injury bad enough that I'm going to get molested for it? \u2013 Nick Nutter, former wrestler, quoted in the Associated Press, July 6, 2018[7] on the hockey, cheerleading, volleyball, soccer, track, golf, baseball, tennis, water polo, and football teams.[3]: 34 [5][6] Strauss was not formally appointed to a position at Student Health until 1994, but was known to have started performing treatments there as early as 1978.[3]: 35\u201336 By 1979, athletics department officials knew that Strauss conducted unusually prolonged genital examinations on male athletes, and that athletics staff were not permitted to be present during these examinations. In addition, Strauss was known to shower alongside male students at Larkins Hall, a behavior which was unique to Strauss among team physicians.[3]: 2 Between 1979 and 1996, multiple students complained about Strauss's excessive and unnecessary genital examinations, but no action was taken by until January 1996, when he was placed on administrative leave in response to patient complaints.[3]: 2\u20133 Larkins Hall, which served as its physical education facility and natatorium, was perceived as a sexualized environment, and multiple witnesses reported that voyeurism and public sex acts occurred there from the early 1980s to the late 1990s.[3]: 163 [8] Thirty wrestlers and gymnasts reported voyeurs were routinely present at Larkins Hall in the locker room, shower, and sauna areas, ranging from college age to approximately 60 years old; the \"leering\" voyeurs would ogle student-athletes that were using the facilities and some would masturbate.[3]: 166\u2013167 Sources familiar with then-head coach Russ Hellickson's actions at the time said that the situation was so egregious that Hellickson would occasionally have to drag the voyeurs out of the building, and that he also pleaded with the university to move their athletes to a private facility.[9] Strauss was counted among the voyeurs; former students stated that Strauss would shower among athletes multiple times per day or stare into the shower while seated on a stool.[10] In addition, peepholes were found in bathroom stalls and shower walls.[3]: 166\u2013167 The building was completed in 1932, named for retired Athletic Director Dick Larkins in 1976, expanded in 1977, and demolished in 2005.[3]: 165\u2013166 [11][12][13] After a closed-door hearing on June 5, 1996, Strauss was terminated from his position with the Athletics Department at the end of July 1996, and terminated from Student Health on August 5, 1996. However, Strauss opened a private off-campus clinic and continued to abuse male patients there.[3]: 2, 4\u20136 Former employees of the off-campus Men's Clinics of America recalled Strauss placing advertisements in the student newspaper promising student discounts and prompt treatment of genital issues.[14] He also continued as a tenured faculty member in the School of Public Health until his voluntary retirement on March 1, 1998, upon which he gained emeritus status.[3]: 2, 4\u20136 Strauss died by suicide in August 2005.[15] According to his suicide note, he had been suffering from \"significant escalating medical and pain problems since January 2002\".[3]: 28\u201329 In 2019 published its annual campus safety report, which reflected that Strauss committed 1,430 instances of fondling and 47 rapes during his tenure.[16] 2/16/25, 11:14 Ohio State University abuse scandal - Wikipedia 2/14 Mike DiSabato was one of the first to report that Strauss had groped him during medical exams.[17] He first requested information about Strauss in January 2018 via a letter to the university; after failing to get a timely response, he approached The Columbus Dispatch with the allegations of abuse in April.[18] DiSabato, who wrestled at Ohio State from 1987 to 1991, added that his first examination with Strauss occurred at the age of 14, when Strauss was conducting research on the body fat of high school wrestlers; the body fat testing included an unnecessary genital exam.[19] At the time, DiSabato did not recognize Strauss's behavior as sexual abuse and that it was considered an \"open secret\" amongst the wrestling team.[7] In response, the Ohio State University announced that an investigation had been launched into the long-term sexual abuse in April 2018, asking former students and coaches to come forward with any information that might help the investigation.[20] At the time, the independent investigation was being led by Bricker & Eckler.[21] After the Ohio Attorney General's office appointed Porter Wright Morris & Arthur as the university's legal counsel, Porter Wright commissioned Perkins Coie to lead the independent investigation.[22 President Michael Drake sent an email in May 2018 to more than 100,000 alumni asking them to contact Perkins Coie with any allegations of abuse.[23] Based on the evidence uncovered, Perkins Coie expanded the scope of the investigation to include Strauss's examinations of high school students in June 2018.[24] The investigation was estimated to have cost $6.2 million by the time the report was released in May 2019.[25] Strauss's son, Scott Strauss, released a statement in July 2018 expressing that the Strauss family was \"shocked and saddened\" by the allegations against Richard Strauss.[10] The Office for Civil Rights (OCR) of the United States Department of Education announced it had opened a separate investigation into the university's response in August 2018.[26][27] Several advocacy groups had sent a letter to earlier in August, alleging that OSU's actions violated Title regulations.[28] The Ohio State Medical Board confirmed that it had received complaints about Strauss and had turned over confidential records to lawyers in December 2018. However, because the records were confidential, the investigators were not allowed to access them.[29] The board had investigated Strauss in 1996 but never disciplined him. Details of the investigation were made public in the report by Perkins Coie; specific identifying details were redacted.[30] In May 2019, after the redacted report was released, the State Medical Board voted to release the records of its 1996 investigation if the alleged victims agreed to waive their confidentiality.[31] Ohio Governor Mike DeWine created a review group via executive order in May 2019. The group's charter was to review the actions that were taken by the State Medical Board in response to the complaints about Strauss.[32] The investigators conducted interviews with 177 students who provided evidence that Strauss had committed sexual abuse; although not all of the students felt his behavior was abusive, consultation with independent medical doctors confirmed they were not appropriate patient\u2013doctor Investigation 2/16/25, 11:14 Ohio State University abuse scandal - Wikipedia 3/14 interactions.[3]: 37\u201338 [33] The majority of abuse (143 victims) was categorized as genital fondling associated with medically unnecessary genital or rectal examinations.[3]: 41 Of the 177, 153 were student-athletes, of which a plurality (48) were members of the men's wrestling team.[3]: 43 Several civil lawsuits have been filed against the Ohio State University in conjunction with the abuse committed by Strauss. Three federal lawsuits had been filed by July 2018; the third lawsuit named several administrators including ex-Athletic Director Andy Geiger as having knowledge of Strauss's abuse.[34] By September 2018, the university had filed motions to dismiss the first three lawsuits based on associated statutes of limitations.[35] Two of the suits were merged in October 2018.[36] In total, more than 20 school officials and staff were named as knowing of complaints about Strauss's abuse but failing to stop him.[37] In June 2020, Ohio State University agreed to pay $40.9 million to settle the lawsuits of 162 men who alleged sexual abuse during Strauss's tenure.[38][39] In September 2021, a judge dismissed several cases brought against the university on grounds that the statute of limitations had passed.[40][41 federal appeals court ruled in September 2022 that the lawsuits could move forward, stating the judge had \"erred\" in his ruling.[42] In June 2023, the Supreme Court rejected the university's appeal of the September 2022 ruling, allowing the lawsuits to proceed.[43][44] As of October 2023, five lawsuits against the university from 236 men were pending. The university denied admitting to any wrongdoing in its handling of Strauss's abuses.[2] In June 2018, at least eight former wrestlers reported that then-coaches Russ Hellickson (head coach, 1986\u20132006) and Jim Jordan (assistant coach, 1987\u20131995) were aware of the abuse by Strauss but failed to put a stop to it.[45][46][47] Jordan's locker was adjacent to Strauss's, and while he was assistant wrestling coach, he created and awarded a \"King of the Sauna\" certificate to the member of the team who spent the most time in the sauna \"talking smack\".[48] Former wrestling team members David Range,[47] Mike DiSabato and Dunyasha Yetts asserted that Jordan knew of Strauss's misconduct. Yetts said, \"For God's sake, Strauss's locker was right next to Jordan's and Jordan even said he'd kill him if he tried anything with him\".[49] No wrestlers have accused Jordan of sexual misconduct, but four former wrestlers named him as a defendant in a lawsuit against the university.[50][51][52] Several former wrestlers, including ex fighter Mark Coleman, allege that Hellickson contacted two witnesses in an alleged attempt to pressure them to support Jordan the day after they accused Jordan of turning a blind eye to the abuse.[53][54] Civil lawsuits and subsequent developments Lawsuits Jim Jordan's involvement 2/16/25, 11:14 Ohio State University abuse scandal - Wikipedia 4/14 Jordan denied that any student-athlete had reported any abuse to him.[55] Jordan said the timing of the allegations that he knew of the abuse were \"interesting ... in light of things that are going on in Washington\", referring to Jordan's role as a founder of the Freedom Caucus and his potential candidacy for Speaker of the House.[56] Speaker Paul Ryan defended Jordan as \"a man of honesty, a man of integrity\" and discouraged an investigation by the House Ethics Committee, as the abuse had occurred before Jordan's election to the House of Representatives.[57] Other ex-wrestlers defended Jordan,[58] who was interviewed by Perkins Coie later in July.[59] In response to Jordan's denials, DiSabato said considered Jim Jordan a friend. But at the end of the day, he is absolutely lying if he says he doesn't know what was going on.\"[60][61] On July 13, 2018, the editorial board of the Cleveland Plain Dealer wrote, \"Jim Jordan must acknowledge what he knew\".[62] In May 2019, DiSabato filed a Title lawsuit against OSU. In one count of the court papers, DiSabato alleged that a second cousin of Jordan's had attempted to \"intimidate and retaliate\" against him.[63][64] In 2019, DiSabato shared text messages with News that were corroborated by another former wrestler[65] indicating that Jim Jordan, Russ Hellickson, and high school wrestling coach Jeff Jordan (Jim Jordan's younger brother)[66] conspired to engage in witness tampering and intimidation when they called former wrestler Mark Coleman and his parents to pressure him to recant his earlier accusation that Jordan was aware of the abuse. Coleman had shared a room with Jordan while traveling to several wrestling meets.[65] In November 2019, a retired wrestling referee filed a lawsuit alleging that he had warned Jordan and Hellickson about Strauss's misconduct but they had dismissed his warning.[67][68] Jordan dismissed the referee as \"another person making a false statement\".[69] In February 2020, Adam DiSabato \u2013 the brother of Mike DiSabato \u2013 testified under oath that Jordan telephoned him \"crying, groveling...begging me to go against my brother.... That's the kind of cover-up that's going on there\",[70][71][72] described Jordan as a \"coward\" and accused Hellickson of \"abandon[ing]\" the wrestlers who came forward with allegations about Strauss.[72] In March 2020, six former wrestlers told that Jordan was aware of sexual misconduct accusations against Strauss. Eight others said Strauss's behavior was an open secret in the athletic department and that Jordan had to have known about it.[73] In October 2023, the former wrestlers who accused Jordan of ignoring the scandal opposed his bid for Speaker of the House.[74][75] In February 2021, The Hollywood Reporter reported that George Clooney's film production company Smokehouse Pictures would be teaming with Sports Illustrated Studios and 101 Studios to produce a docuseries about the scandal, and that the series would be based on an October 2020 Sports Illustrated article by Jon Wertheim detailing Strauss's abuse.[76 announced in June 2022 that the documentary had started production, with a planned debut on and MAX. Australian Documentary 2/16/25, 11:14 Ohio State University abuse scandal - Wikipedia 5/14 director Eva Orner is directing the documentary.[77][78] The filmmakers have interviewed several abuse survivors staffer at Smokehouse Pictures said in October 2023 that they were \"still thick in production on it\".[79] 1. Redden, Elizabeth (May 11, 2020). \"Ohio State Pays $40.9M in Sexual Abuse Settlement\" (https:// Inside Higher Ed. Archived ( red.com/quicktakes/2020/05/11/ohio-state-pays-409m-sexual-abuse-settlement) from the original on August 29, 2023. Retrieved May 11, 2020. 2. Siemaszko, Corky (October 13, 2023). \"Faced with more lawsuits, Ohio State denies covering up sex abuse scandal years after paying out millions in damages\" ( s-news/faced-lawsuits-ohio-state-denies-covering-sex-abuse-scandal-years-payi-rcna120200 News. Archived ( ws/us-news/faced-lawsuits-ohio-state-denies-covering-sex-abuse-scandal-years-payi-rcna12020 0) from the original on January 8, 2024. Retrieved October 20, 2023. 3. Trombino, Caryn; Funk, Markus (May 15, 2019). Report of the Independent Investigation: Sexual Abuse Committed by Dr. Richard Strauss at the Ohio State University ( u/assets/site/pdf/Revised_report.pdf) (PDF). The Ohio State University (Report). Perkins Coie LLP. Archived ( te/pdf/Revised_report.pdf) (PDF) from the original on August 29, 2023. Retrieved November 25, 2019. 4. \"The Latest: So far of Hawai\u02bbi finds no complaint about doc\" ( 4b16b2876f04f78af026 News. June 21, 2018. Retrieved December 2, 2019. 5. Welsh-Huggins, Andrew (May 3, 2018). \"More sexual misconduct allegations against ex-Ohio St doctor\" ( ations-against-ex-Ohio-St-doctor News. Archived ( 041/ ns-against-ex-Ohio-St-doctor) from the original on August 29, 2023. Retrieved December 2, 2019. 6. Stacy, Mitch (June 7, 2018). \"Ohio State says more victims in alleged doctor misconduct\" ( pnews.com/9fe0cfc73df54ba5acceeaa04a8da539 News. Archived ( eb/20230829125041/ from the original on August 29, 2023. Retrieved December 2, 2019. 7. Frank, Kantele; Welsh-Huggins, Andrew; Seewer, John (July 6, 2018). \"Ex-athletes say Ohio State doc groped, ogled men for years\" ( News. Archived ( ws-355629efdd91432aadfca6d6b28c170c) from the original on August 29, 2023. Retrieved December 2, 2019. 8. Gillispie, Mark; Seewer, John; Stacy, Mitch (July 12, 2018). \"Ex-athletes Creepy people, lewd atmosphere at Ohio State University\" ( ty-lewd-atmosphere/). The Denver Post. The Associated Press. Archived ( web/20200813201045/ here/) from the original on August 13, 2020. Retrieved November 25, 2019. 9. Bade, Rachael; Bresnahan, John (July 6, 2018 cesspool of deviancy': New claims of voyeurism test Jordan denials\" ( Politico. Archived ( org/web/20230829125045/ state-wrestling-699192) from the original on August 29, 2023. Retrieved April 10, 2021. 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Retrieved from \" External links 2/16/25, 11:14 Ohio State University abuse scandal - Wikipedia 14/14", "8261_108.pdf": "Strauss Investigation From 1978 to 1998, Richard Strauss was employed by Ohio State as a physician treating students, including student-athletes. Strauss died in 2005. In March 2018, Ohio State received a report from a former student-athlete about sexual abuse by Strauss decades earlier. Ohio State took the allegations seriously and acted immediately. Less than one week later, on April 5, 2018, the university announced an investigation and notified the Columbus Division of Police. Perkins Coie was retained to conduct an external, independent investigation. Ohio State contacted 115,000 alumni and former student-athletes about the investigation. The university also reached out to another 147,000 people through university-wide notifications to inform them of the investigation; encourage them to share any information they had with the independent investigators; and provide updates. Change at Ohio State Ohio State is a fundamentally different university today than it was when Strauss was an employee. The university has embraced and enhanced stringent compliance standards separate and apart from its response to Strauss. Over the past 25 years, Ohio State has made robust changes to its culture and policies to protect students, faculty and staff. Learn more Independent investigation and response \uf012 Strauss Investigation \uf010 Resources Media \uf00e 2/16/25, 11:14 Strauss Investigation | Ohio State 1/4 On May 17, 2019, after a thorough, year-long independent investigation, Ohio State publicly released and posted online the 182-page Perkins Coie Report summarizing the investigation and its findings, along with more than 17,500 pages of records relating to Strauss. The investigation found that at least 177 male students were sexually abused by Strauss. Ohio State condemns Strauss\u2019 reprehensible conduct and the university\u2019s failure at the time to prevent the abuse. Ohio State has expressed and continues to express regret and sincere apologies to each person impacted by Strauss\u2019 abuse and thanks the survivors for courageously bringing Strauss\u2019 abuse to light. The university has spent the past five years focused on supporting survivors and discovering and sharing the facts. As part of this effort, Ohio State established a task force on sexual abuse, which included national and university experts who partnered with survivors of sexual abuse, including a Strauss survivor. The university took special action to revoke Strauss\u2019 emeritus status in 2019. Survivors have also had the opportunity to speak to the Board of Trustees annually from 2018 to 2022. Ohio State is committed to continuing its larger efforts to support survivors and prevent sexual abuse. As part of this effort, the university is developing a new forum to allow individuals who have already settled to engage in further dialogue with Ohio State officials. Our deepest gratitude goes to the survivors of Strauss\u2019 abuse for their courage in coming forward. They brought this terrible abuse to light, and the university is committed to continuing to work toward restorative justice. Former President Kristina M. Johnson The Ohio State University Lawsuits and settlements Numerous lawsuits were filed against the university during and after the investigation. Ohio State offered survivors the opportunity to settle their suits for substantial amounts. The majority of the survivors settled their claims. Ohio State provided more than $60 million to 296 individuals through a trauma-informed approach that did not 2/16/25, 11:14 Strauss Investigation | Ohio State 2/4 require survivors to prove they were harmed through any litigation process such as discovery or depositions. Ohio State has sincerely and persistently tried to reconcile with survivors through monetary and non-monetary means, and all male students who filed lawsuits have been offered the opportunity to settle. The remaining plaintiffs who were male students rejected monetary offers and continue to pursue their legal claims. On behalf of the university, we offer our profound regret and sincere apologies to each person who endured Strauss\u2019 abuse. Our institution\u2019s fundamental failure at the time to prevent this abuse was unacceptable \u2013 as were the inadequate efforts to thoroughly investigate complaints raised by students and staff members. Former President Michael V. Drake The Ohio State University Survivor Support Ohio State is committed to supporting survivors. Since February 2019, the university has covered the cost of professionally certified counseling services and other medical treatment to Strauss survivors and their families for as long as needed. It has also reimbursed costs for pre-existing counseling and treatment related to Strauss. This is offered through Praesidium, which has extensive experience providing confidential and sensitive support services. No contact with the university is required, and Praesidium will not share identifying information with Ohio State. Ohio State will continue to cover the full cost of counseling services and provide other forms of institutional support. Ohio State\u2019s commitment Driven by integrity, empathy and transparency, Ohio State will continue to provide services to survivors and 2/16/25, 11:14 Strauss Investigation | Ohio State 3/4 The Ohio State University Columbus If you have a disability and experience difficulty accessing this content, please contact us. \uf203 \uf205 \uf20a \uf206 \uf20b \uf209 Privacy Statement Non-discrimination Notice Cookie Settings \u00a9 2025 The Ohio State University enhance the university\u2019s many programs designed to protect students and the campus community from sexual abuse. 2/16/25, 11:14 Strauss Investigation | Ohio State 4/4"} |
7,535 | Miroslav Markovic | Sacramento State University | [
"7535_101.pdf",
"7535_102.pdf",
"7535_103.pdf",
"7535_104.pdf",
"7535_105.pdf"
] | {"7535_101.pdf": "\uf39e \uf16d \ue61b \ue07b \uf1bc Search ESPA\u00d1OL \uf02f News Engineering career services director and Sacramento State settle lawsuit State Hornet Staff January 28, 2014 federal retaliation lawsuit filed by Director of Engineering Career Services Cici Mattiuzzi against Sacramento State and Engineering and Computer Sciences Dean Emir Macari reached a settlement Jan. 16 which includes the dismissal of all evidence. The case, which included three days of testimony from Mattiuzzi and her husband Paul, was settled after Sacramento State agreed not to pursue filing, deposition and other standard litigation fees if the jury had found in the university\u2019s favor. \u201cThe University considers this result a complete victory in its favor,\u201d said attorney David Tyra. \u201cThroughout the litigation, the University had a high degree of confidence in its defense. Post-trial interviews with the jurors who heard the plaintiff\u2019s case during the first three days of the trial revealed that the University\u2019s confidence in its position was well-founded. Many of those jurors \u2013 without having heard a single witness from the University \u2013 felt the evidence weighed in the University\u2019s favor.\u201d After filing a lawsuit in 2009, Mattiuzzi claimed the university retaliated against her and was subjected to discriminating actions, including exclusion from key career services meetings and removal of departmental funds. According to a trial brief filed by Sacramento State, which was represented by the California State University Board of Trustees, the plaintiff\u2019s claims were \u201cmeritless\u201d and are based on \u201cginned-up overreactions to innocent All hands on deck: Sac State\u2019s reserves carry the load in loss to Northern Colorado Mateo Davis, Staffer \u2022 February 15, 2025 Black History Month 2025 Celebration of Culture and Community Annie Biebl, Staffer \u2022 February 14, 2025 \uf02f and are based on ginned-up overreactions to innocent, non-retaliatory measures.\u201d In 2009, Mattiuzzi filed a whistleblower lawsuit against former Sac State engineering professor Miroslav Markovic, who allegedly sexually harassed students and once threatened to shoot several employees. Markovic retired shortly after the case was filed, and the lawsuit was settled in 2010. When Mattiuzzi returned to work after taking a medical leave, she claimed she was immediately subject to \u201cadverse action\u201d by Macari. According to the trial brief, Sacramento State allowed Markovic to visit the campus to have his personal laptop repaired, and Mattiuzzi alleged the campus refused to shield her from Markovic. Mattiuzzi also claimed she was excluded from the 2010 Workforce Summit Meeting, an event established by her to discuss solutions to the shortage of engineers in the community. She said she was not able to plan, organize, attend or participate in the event. According to the trial brief, Mattiuzzi was excluded because the meeting was held during spring break, a time in which Mattiuzzi did not work. Mattiuzzi also alleged Macari removed funds improperly from her career services account, a fund she uses for events, supplies, equipment and services. An alleged $130,000 was taken without her consent, according to court documents. The university said the withdrawal was used in \u201can unprecedented fiscal crisis that required the utilization of all funds.\u201d Mattiuzzi\u2019s attorney Stephen Mason said the case was very expensive to litigate and included over $100,000 in attorney fees. He said Mattiuzzi accomplished her main goal, which Vice President of University Affairs removed after failing to adhere to operating rules Hundreds protest Project 2025 amid Trump\u2019s new policies at California Capitol Sac State students stand in solidarity with undocumented immigrants Hornet baseball returns with new faces after early exit last season Logan Chrisp, Staffer \u2022 February 13, 2025 Black History Month 2025 Jada Portillo, Digital/Newsletter Editor \u2022 February 13, 2025 \uf02f was to notify the public of what was really occurring at Sac State. Her story, which includes 35 years of wrongdoing, is now public record. Mason also noted how there has been an \u201cunusually high number of claims\u201d of sexual harassment and retaliation by tenured employees, and includes a recent lawsuit filed by University Advancement employee Jeffrey Sharp against Alexander Gonzalez Jr., the son of President Alexander Gonzalez. According to the California Whistleblower Protection Act, employees cannot be retaliated against or prevented from disclosing potential violations of state and government law. According to Mattiuzzi\u2019s trial brief, there was a causal link between the Markovic lawsuit and the proximity in time between the protected action and the alleged retaliatory actions. The case was first filed in federal court in May 2011, but after Macari filed for bankruptcy in October 2012, he was dismissed from the case in February 2013. While he would have served as a primary witness in the case, he remains on a leave of absence from Sac State for unknown reasons. Donate to The State Hornet $500 $2500 Contributed Our Goal Donate Your donation will support the student journalists of Sacramento State University. Your contribution will allow us to purchase equipment and cover our annual website hosting costs. \uf02f \u00a9 2025 Pro WordPress Theme by \u2022 Log in \uf39e \uf16d \ue61b \ue07b Search \uf002 \uf02f", "7535_102.pdf": "an eye on the California State University Independent Observer Independent Observer Home About 5, 2014 mattiuzzi v. csus Superior Court Markovic 2009 lawsuit (50 page complaint & 148 pages of exhibits) \"Cici had informed me that she was going to sue the University told people that she had, in my view, she had ample right on two issues ... \"One, the issue with Markovic and what he had done around here, especially with the sexual harassment of students. The other one felt she had a right to grieve on - not being promoted, and that she's being held back thought that we were well on our way of resolving issues ... before the lawsuit. And the University just didn't respond so, you know, it came to a lawsuit Engineering Dean Emir Macari, recorded 1/11/2011. In 2009, Engineering & Computer Science Career Services Director Cici Mattiuzzi sued Sacramento State and Professor Miroslav Markovic (who had threatened to shoot three people). Markovic \"retired\" and she broke through the glass ceiling. To settle the case, the University demanded that she retire in 5 years, Spring 2015. To settle the case, Cici agreed. Federal Lawsuit, 2011\u20132014 (documents below) Starting in early 2010, as soon as the Markovic litigation was finished, Dean Macari took a series of actions that threatened Cici's ability to continue operating Career Services. He diverted $200,000 that she had independently developed and raised to fund her operations. He dismantled her second office - the Interview room essential for students. In May of 2010 he fabricated a story - saying she had an \"outburst\" - and then wrote to Human Resources saying that she was a troublesome and \"dangerous\" employee. Despite telling the campus investigator that she had good reason to sue, Macari was deeply aggrieved by the action.* Human Resources told Cici that she had nothing to complain about and reminded her that she had, after all, sued the University. In May 2011, Cici sued Emir Macari and for retaliation in a Federal Civil Rights action. Her only demand was for the retaliation and hostility to stop. The career services office was on a path towards collapse with its account having been almost fully depleted. In response to the suit, the University demanded that she resign immediately. The case was not heard until January 2014, and it settled after the first week of trial. The University insisted from the start that there could be no settlement of any kind unless Cici retired immediately. Alexander Gonzalez and his attorneys failed to secure that outcome. Before the case was heard, Alexander Gonzalez was forced to assign Cici an outside supervisor and to stop Macari from taking all the money she raised, as it came in. By the time the case was heard, the space she needed had been vacant for months and Emir Macari had been removed from his position as Dean. Cici stood up to protect students and staff when refused to do anything about Markovic, even after a finding of fact by their investigator that he threatened to shoot a pregnant woman. In response, Dean Macari retaliated and President Gonzalez supported him. Cici will be retiring at the end of Spring, May 2015. Rather than fixing things when they are broken, it has been the policy of to shoot the messenger. If you complain, you will be punished. The institution prefers to call the employee delusional, rather than admit Contact: csu.independent@gmail.co 916-538-1027 paul g mattiuzzi, editor 14, 2016: Cal Poly and San Franc the List of Institutions Under Federal Title Sex Investigation 12, 2016: Donald Trump and the Futur Campus Could Become a More Dangerous Plac 20,, 2016: Shutting down the dialogu Long Beach, Arts Director resigns in protes 18, 2016: Statewide Academic Sena reaffirms the principle of shared governance; ca explain his \"shared leadership\" rhetoric 18, 2016 San Bernardino Campus Released: issues with morale are prominent; int doubted 18, 2016: More on Sacramento law alleges discrimination in and by Human Resourc 5, 2016 Sacramento provost step than 2 years in top academic post 4, 2016 Chico Faculty Senate pas confidence resolution 15,, 2015: CSU-Sacramento Human Analyst files lawsuit alleging discrimination, hara retaliation 29, 2015: Court rules Emir Macari \"te are not subject to public disclosure 30, 2015 Fullerton: professor rep choosing less expensive textbook 24, 2015: Sacramento State's University $2.5 million - a $295,000 loss after 21 months o 29, 2015: Sacramento State University Ente Mansion for Sale: Price drops to $2.95 million. Pending 31, 2015: Sacramento State \"University estate market for $3.1 million - mansion recently now retiring president 20, 2015: Lawsuit served on Sacramento disclosure of public records re: removal of forme Engineering 2/16/25, 11:18 Independent Observer: mattiuzzi v. csus 1/3 to the underlying failure of leadership *Conclusory statements in this text are expressions of opinion. 2010 - 2014 case document archive: Plaintiff Cici Mattiuzzi v. Emir Jose Macari and the Trustees Complaint filed in Federal Court an action under the Civil Rights Act for Retaliation May 18, 2011 Plaintiff's Notice of Settlement January 7th, 2014 Stipulation of Dismissal by and between the parties How it went at trial - and how it came to an end in brief How Career Services survived \"University officials had no comment on Macari\u2019s departure\" The Federal Case: Plaintiff's trial brief Defendant's trial brief version 3.0 dishonesty, vindictiveness & motions in limine (\"let's not hear the evidence\") Plaintiff's Opposition to Motions in Limine (\"let's hear this evidence\") Responding to the brief ... prepared by plaintiff for use at trial: Comments made by Emir Macari ... \"Dr. Macari denies these comments.\" \u201cAs a retired professor in good standing, Markovic was entitled ...\" The taking of 2006 ... there was no \"obvious utility\" in dismantling the Career Services Interview Room \"She has shown very erratic behavior and could be dangerous\" ... Emir Macari's testament How the money - $200,000 - was laundered ... there were no \"withdrawals\" Swimming in money ... there was no \"unprecedented fiscal crisis\" \"Every audit of these accounts failed to uncover any evidence of wrongdoing\"... audits, what audits? we don't have to show you no audits. \"Plaintiff remarkably complained\" .... she \"continued to concoct new claims\" ... stress claims \"citing Plaintiff's abusive behavior\" were filed ... \"typographical errors were made\" \"Plaintiff's delusion\" ... Macari said she was \"dangerous,\" the University said she was insane. Treasure of the Sierra Madre (1948) movie trailer Bee Editor\u2019s note: This post was updated Feb. 4 to state that university officials had no comment on Macari\u2019s departure previous version said officials had to confer with counsel before commenting 14, 2015: $123,000 paid to settle Alexande Jr./Sacramento State sexual harassment lawsui 7, 2015: Trial date vacated in Alex Go Jr./Sacramento State sexual harassment lawsu 23, 2015: No settlement in Alexander Jr./Sacramento State sexual harassment lawsu 6, 2015 new president for Sacramen seek community input 12, 2014 Davis settles Federal do allegations - pays $500,000 in refund to the Energy 5, 2014: Sacramento State students t down event center fee 2, 2014: Abuse of public funds at two professors were paid over $100k each for first 10 months of 2014 19, 2014: Sacramento State releases comments from 2013 employee campus climat 19, 2014 Faculty vote to approv Trustees vote to increase executive pay 4, 2014: Shooting threat at Cal State message scrawled on bathroom wall 24, 2014: Presumed Suicide - disability proceeds quietly against Sacramento 19, 2014: Former Sacramento Bus Sanjay Varshney joins Wells Fargo as Vice Pres Advisor 18, 2014 and Faculty shake hands reached after 100 days of negotiations 13, 2014 Sacramento releases 20 survey results - job satisfaction falls well below 10, 2014 faculty protest statewide inequality, inversion and stagnation on the bar 8, 2014 News report admini donated funds to spend lavishly on parties and 28, 2014: $100 million infras up in smoke with Governor's line-item veto 24, 2014: \"Taco Tuesday\" event draw sorority at Fullerton 22, 2014 student \"success fees\" Trustee's workgroup convenes on-campus ope 12, 2014: California State University recognition of evangelists on campus 9, 2014: Federal \"stimulus\" funds pro wages to Sacramento Engineering College 7, 2014 Northridge investigation fraternity hazing in death of 19 year old studen 5, 2014: Creationist fired by Nor religious discrimination, sues University 2, 2014 Sacramento President announces end of school year retirement plans 29, 2014: Major online education ini visioning\" status - next phase \"listening tour\" u 2/16/25, 11:18 Independent Observer: mattiuzzi v. csus 2/3 Home Posted by paul g. mattiuzzi, ph.d. Sacramento Bee 02/03/2014: \"Sacramento State engineering dean replaced\" ... no comment until they can confer with counsel. To Faculty and Staff, 01/31/2014 (cc: to Charles Gossett): \"Appointment of Interim Dean\" Charles Gossett, 12/03/2013: \"Message to Department Chairs and Dean's Staff from Provost\" Sacramento Bee 12/13/2013: \"Sac State sheds little light on high- profile dean\u2019s absence ... has quietly gone on administrative leave.\" CBS13 12/11/2013: \"Sacramento State Dean On Leave Accused Of Retaliation Against Whistleblower.\" Libel action dismissed at plaintiff's request 11/25/2013 Emir Jose Macari v. Paul G. Mattiuzzi 29, 2014: Accusations of fraternity relate at San Marcos spark investigation and stu 16, 2014: Auditor's report on sexual har and a passing grade (improvement neede \"affirmative consent\" bill moves forward in Sta 1, 2014 to pay $2.5 million in shoo mentally disordered San Bernardino stude 28, 2014 funding falls short of expecta cuts enrollment growth in half 28, 2014: L.A. Sheriff investigating alleged f incident at Northridge after student dies i 5, 2014: Cal State plans push to hire more 30, 2014 Sacramento appoints new dea and Computer Science College 20, 2014: Business School questioned over c to professors by the Small Business Cen 20, 2014 San Jose governance review President Qayoumi issues apology 13, 2014: Sanjay Varshney stepping down as Business School Dean 11, 2014: Emir Macari Senate testimony at o University document 7, 2014: State Auditor investigates sexual a at and CSU: report scheduled for June 201 2, 2014: Trial date set in sexual harassment Sacramento and Alexander Gonzalez, Jr 21, 2014: Macari confirmed by Senate 15, 2014: Macari confirmation hearing cont 3, 2014: Displaced Dean Faces State Sena 12, 2014: State Hornet: \"Sacramento the air ...\" Archives Cici Mattiuzzi v Emir Jose Macari v. Paul G. Mattiuzzi Powered by Blogger. 2/16/25, 11:18 Independent Observer: mattiuzzi v. csus 3/3", "7535_103.pdf": "Home 9/17/2009 When Leadership Fails: a short story about administrative incomp My wife, Cici, has filed a lawsuit against her employer: California St University, Sacramento or \"Sacramento State\"). (There were stories written about this action in the Sacramento Bee and the Sa State Hornet. The Hornet also published an editorial in support. The 200 page is online.) Cici has worked for the campus for more than thirty years. For mos time, she has been the Director of Career Services in the College of Engineering and Computer Science. She was the first to hold that positio even though she is the only staff member in the Career Services Office, she has an entire service delivery system. She has developed an extensive network of co between the community and the campus and between the engineering school a employers from a wide range of industries and government agencies. She has b substantial donations of equipment and funds, and the money necessary to run operation. She regularly employs a group of student assistants and a webmaste she funds the annual Engineering and Computer Science Career Day, along wit special events. Integral to her program of services is a set of career development courses she has been teaching for more than 25 years. In the stories appearing in the Hornet and the Bee, it says that one of her comp that she has repeatedly been denied any \"promotion\" while serving in this posi more accurate to say that she has been denied proper classification, or a classif that is consistent with her job description and responsibilities. Her lawsuit a that her requests to be reclassified as an \"academic related professi have been denied in retaliation for complaints she has made. The cam this isn't so. Her lawsuit also alleges that she has been refused \"academic related standing in response to gender discrimination. It's a glass ceiling is there are a number of men - all men - doing similar but less demanding studen student advising jobs while enjoying \"academic related\" status). There are fem student service professionals on campus who do have academic status, but the health center jobs (licensed therapists), not in student advising. Cici's other complaints against the campus relate to one particular Professor, Miroslav Markovic. Cici's problems with Miroslav began in 1991 when a company in Reno called to everydaypsychology.com An archive of articles, written over time, on topics that happened to be of interest. criminal forensic psychologist paul g. mattiuzzi, ph.d. psychologist California PSY8693 \u2022 About me, in brief \u2022 About everydaypsychology.com Contact: Paul G. Mattiuzzi, Ph.D. P.O. Box 255841 Sacramento 95865 916.538.1027 pgm8693@gmail.com twitter: @paulgmattiuzzi LinkeIn profile 2/16/25, 11:18 Everyday Psychology: When Leadership Fails: a short story about administrative incompetence 1/6 they had received somewhere between 12 and 15 phone calls and two visits from professor. Markovic wanted them to fire a recent Sac State graduate whom the hired. It turns out that Miroslav had tried to develop a sexual relationship with student and was angered when his advances were spurned. The student documented his experiences with Markovic in a letter to the campu which he said that it was only too late that he came to realize that was a \"sexual predator.\" His letter made clear that he had been \"groomed\" word) and that Markovic was \"chicken hawking\" him (as they say in the crimin where work). The situation evolved into threats and stalking behavior. Marko wrote to one of the student's friends love him, and do not know why he do return my love helped him so much and he just ignores me must get back It was an alarming circumstance and Cici was drawn into it because the compl came to her and because the Dean asked her to help straighten things out with employer. Markovic was placed on leave for a while, but was allowed to return campus have spoken with this student, and 18 years later he is still traumat the experience. In subsequent years, the campus continued to receive student comp about Markovic. Some students wrote to the administration, but many of th to Cici. In the school of engineering, she is the only student services profession only student advisor. She is the one who helps students with their careers, and the complaints were around issues that would affect their careers. One group complained that Markovic threatened to fail them in class if they skipped a ses meet with a company that was coming to recruit and offer jobs. Others docume unfair grading practices. Many of the complaints came from women who said that Markovic displayed d sexist attitudes in the classroom, telling women that they \"don't belong in engi International and minority students also regularly complained about classroom discrimination. As she had been instructed to do in her mandatory sexual hara training, Cici passed these complaints along to the campus Affirmative Action In 2002, a hiring manager for a large California utility company (PG&E) called tell her that Markovic had threatened to smear his company's name if they wor anyone other than him to hire graduates. Markovic wrote to and said if t to work with anyone else on a project that was developing, they were wasting th and might as well be speaking with \"Osama Bin Laden.\" That resulted in the lo partnership that was developing with the campus. The company walked citing the risks involved. Later in 2002, a Department Chair in engineering took a long list of signed stu complaints about Markovic to the campus attorney. Nothing happened in resp In 2003, a student sent the campus president a letter saying that he t Markovic was a \"loose cannon and a potential danger to students that while in a tirade, Markovic told the student that Cici had \"slept her into her position.\" In 2007, a staff member wrote to Cici and told her that he was concer about her safety. Markovic hadn't threatened her directly, but there was som about the circumstances and the way in which he called her a bitch that alar staff member. 2/16/25, 11:18 Everyday Psychology: When Leadership Fails: a short story about administrative incompetence 2/6 In January of 2008, Cici and both met with the Campus Affirmative Action Peter Lau utility company hiring manager had recently told Cici th was happening again.\" He had good reason to believe that Markovic was \"chicken hawking\" students. The industry contact assumed that \"everyon knows.\" It was certainly no secret off-campus. Peter Lau said he would open a 60 day investigation. Six months later, he wrot there wasn't enough evidence to do anything. Summer vacation began. On the day Cici returned from summer break, a staff member told Cici that he planning to quit. He had been on campus all summer and was demoralized by interact with Miroslav on a regular basis. In the engineering building, there is n shortage of people who have been abused by him. The very next day, Markovic forcefully and intentionally bashed into reception. Actually, he bashed into her twice. The message from Marko clear: he could do whatever he wanted and get away with it. Which happened t informed the campus using clear and forceful language few days later, after the campus received my note, Kent Porter, the Vice Pres Human Resources wrote to the Engineering Dean and asked: \"does Cici want t this matter received a copy and wrote back that she has pursued this before avail, and that it was time for the campus to do something outlined the histo Cici then spoke to the campus police. They said it was an administrative matte weeks later, Kent Porter wrote and said she hadn't done anything to report the Cici informed Porter that she had spoken with the police. Porter wrote back an that \"if\" she had spoken to the police, they could do something. Porter invited h Human Resources what had happened. Somehow, he couldn't hear the scream from her office. On September 24th, 2008, Cici called Porter from her office fellow staff mem there with her for the phone call. That woman was aware of what was happenin told Cici that during the summer, Markovic had shouted at her and threa to \"get a gun and shoot her\" (not Cici, but the pregnant staff member). The they were afraid and Porter asked them how tall they were. In early October, two other people on campus (one a student and the o staff) told Cici that Markovic had recently threatened to shoot them called the police. Porter was no longer responding to her calls or emails. By December 2008, Cici had hired an attorney. The attorney sent a lengthy not campus president, Alex Gonzalez. The president didn't respond, but the campu an investigator. Six months later, in May of 2009, affirmative action officer Peter Lau wrote to told her that based on their investigation, when Markovic bashed into her (nin earlier) it must have been an accident. He said that she had never suffered any retaliation from the campus and that she had not been subjected to any gender discrimination relative to her employment classification. It was a \"we covered o letter. 2/16/25, 11:18 Everyday Psychology: When Leadership Fails: a short story about administrative incompetence 3/6 We don't yet know what the investigator actually found. The letter Cici received basically just said that none of her complaints would be taken seriously. Nothin said and nothing has been said about the fact that staff members might be ups faculty member threatening to shoot them. While this was all happening in Fall 2008 and Spring 2009, the campus dec that Cici could no longer teach her classes (which are integral to her program of services), at least not under her own name. She would no longe access to her class rosters and could no longer report grades. The campus had ample notice that a lawsuit was in the works few days aft filed the lawsuit, in August 2009, the campus canceled all of her cla except one (students were already enrolled). The course they didn't cancel is a class. It was given to a professor who immediately wrote to Cici and asked how the class. Why did the campus cancel her classes? She can't teach the classes she's for 25 years because she's not classified as \"academic related.\" That's what the will say. The campus will say it's a union issue. Even though she meets the crite campus repeatedly refused to classify her as having academic status. Then, the away all of her classes because she didn't have academic status. Catch 22. What did the campus do in response to the three reports it received Markovic threatening to shoot people? Nothing. It's not like this is Tech. What happened to Markovic? He retired a few days after Cici filed the law in the interim, in the Spring of 2009, while the campus was ostensibly conduct investigation, the campus made him a member of a really important p team. Sac State has teamed up with the Sacramento Municipal Utilities Distri (SMUD) to create a \"Smart Grid\" institute to go after what they expect to be m dollars in Federal stimulus money. The State Energy Commission has already p 2 million in seed money. After all of the harm he had done to faculty, students and to the reputation of the campus, the Dean of Engineering, Emir Macari ma part of the team. How do things stand with Cici? After reading in the newspaper that Marko retired, Cici returned to work on the first day of the Fall 2009 term. She though gone. He was still there. She left and remains on leave. Cici doesn't know what to happen next. Yes, she sees a therapist, and spends a lot of time at the yoga st She's doing what one needs to do to \"manage stress.\" After Cici returned to work and found that Markovic was still there wrote to President Alex Gonzalez. The campus attorney, Edmundo Aguilar responded disagree with your characterization of this situation a 'workplace hazard and safety' issue.\" He told me that should speak with attorney if have any further concerns. In other words, he doesn't understand workplace stress is a safety issue and apparently doesn't want to hear any more Long story short? If not before, then certainly in August of 2008 - that's mo year ago - Sac State should have heard the screams coming from one of its emp In my view, this series of events confirms my argument that workpla stress is primarily a result of leadership and organizational failur 2/16/25, 11:18 Everyday Psychology: When Leadership Fails: a short story about administrative incompetence 4/6 Newer Post Home was a situation that could easily have been resolved. Why did Cici sue? Ask her, and what she will tell you is that she didn't want more students hurt. When a student draws a bad grade in a class just because s woman or because he's a foreign student, it affects that student's entire career. young male student realizes that a \"friendly\" professor is a \"sexual predator,\" it undermines their sense of self-esteem. There were people on campus who were frightened and demoralized, and somebody had to do something about it. The University wouldn't. Her program is important to the mission of the campus. It is always cited in th engineering accreditation studies. The last accreditation team to visit to v engineering school said that Cici's career services program \"should model for the country.\" Her classes, the ones that have been canceled, are important and integral part of that program. When students come to a Univers Sac State, they expect to land a job when they are done. It's not like why they w to (the University of California). How will the story end don't know. Updates: On September 21st, the campus Affirmative Action Officer wrote and confirme the University had allowed Cici to be subjected to a hostile work environment, violation of law and policy. He retired a few days later. The campus attorney has left his position with the University. The University has hired an outside attorney, David Tyra, to handle this matt has asked for additional time to respond to the lawsuit and is expected to file a on October 17th. In mid-November: Rather than filing a response, the campus attorneys and Kent Porter met with Cici's attorney to try to resolve the matter. They show the meeting late, unprepared, absent authority and without seriousness of pu Markovic is gone, so the first issue on the table was the gender discrimination classification issue. They just blew that off like it was nothing and said they wo to check with someone who has authority. In early December: Another meeting. Similar experience. Cici walked out Copyright, Paul G. Mattiuzzi, Ph.D. Powered by Blogger. 2/16/25, 11:18 Everyday Psychology: When Leadership Fails: a short story about administrative incompetence 5/6 2/16/25, 11:18 Everyday Psychology: When Leadership Fails: a short story about administrative incompetence 6/6", "7535_104.pdf": "\uf39e \uf16d \ue61b \ue07b \uf1bc Search ESPA\u00d1OL \uf02f News Engineering lawsuit filed Brittany Bottini and Natalie Flynn September 13, 2009 lawsuit was filed on Aug. 7 against Sacramento State and recently retired engineering professor Miroslav Markovic on seven different accounts including sexual harassment, retaliation and intentional infliction of emotional distress. Full coverage of the lawsuit Cici Mattiuzzi, a career counselor in the College of Engineering and Computer Science, filed the suit after 18 years of filing complaints about Markovic to Sac State administration and maintaining files of complaints from students and other staff members. The 200-page court case alleges instances of Markovic making sexual advances towards a student, stalking a student at his home, assaulting a staff member and threatening to shoot an international student and two workers. Also, court documents state three police reports were filed against Markovic with Sac State police. Mattiuzzi\u2019s case does not just deal with police reports. Mattiuzzi and her lawyer said they feel administrators within the College of Engineering and Computer Science ignored multiple complaints. \u201cThe university has known that problems with Markovic have gone on for a long time,\u201d said Susan Sheridan, Mattiuzzi\u2019s attorney for the case \u201cThey haven\u2019t All hands on deck: Sac State\u2019s reserves carry the load in loss to Northern Colorado Mateo Davis, Staffer \u2022 February 15, 2025 Black History Month 2025 Celebration of Culture and Community Annie Biebl, Staffer \u2022 February 14, 2025 \uf02f Mattiuzzi s attorney for the case. They haven t adequately done anything about it and they\u2019ve retaliated against Cici for bringing the problems to their attention.\u201d Markovic did not respond to requests for a comment and his office on campus was empty last week. Gloria Moraga, associate vice president of Public Affairs, said the university cannot comment on a pending lawsuit. She said Sac State will retain legal counsel. It has not been determined at this time if that counsel will also represent Markovic, she said. No legal representation for Markovic has been cited on any of the court documents. Emir Macari, dean of the College of Engineering and Computer Science, disagreed can categorically deny that ever, not once, said to anybody that they should drop their grievance or lawsuit,\u201d Macari said. \u201cAnd furthermore that didn\u2019t ever discourage anyone from moving forward.\u201d Markovic did not return emails for comment and his office on campus was empty last week. Mattiuzzi who began her career with Sac State in 1978 in the Career Center, said her persistence and frequency of complaints about Markovic caused administrators to deny her of a promotion during her nearly three decades at Sac State. \u201cWe hired an outside investigator and there was no evidence of unlawful retaliation,\u201d said John Kepley, special assistant to Sac State\u2019s president Vice President of University Affairs removed after failing to adhere to operating rules Hundreds protest Project 2025 amid Trump\u2019s new policies at California Capitol Sac State students stand in solidarity with undocumented immigrants Hornet baseball returns with new faces after early exit last season Logan Chrisp, Staffer \u2022 February 13, 2025 Black History Month 2025 Jada Portillo, Digital/Newsletter Editor \u2022 February 13, 2025 \uf02f Problems between Mattiuzzi and Markovic allegedly first began while she was working in the Career Center and Markovic went to her office to ask her to write his resume, Mattiuzzi said. She informed him that she does not write resumes for people, but rather helps them with edits and tips. Hearing this, Mattiuzzi said Markovic stormed out of the office in a fury. According to court documents, since that occurrence in the early 1980s, incidents with Markovic became more frequent and severe. Mattiuzzi said she has filed many complaints herself and also has helped students and staff with their efforts in pursuing help from administration graduate from the electrical engineering program, who asked to remain anonymous for fear of damages to his career, is mentioned often in Mattiuzzi\u2019s case because of his alleged problems with Markovic in the early 1990s. \u201cMy experience with Markovic was intensely disturbing and traumatic,\u201d he said. \u201cHe acted with deliberate and malevolent intent, and the university had sufficient evidence and good reason to remove him from campus.\u201d When in his early 20s, the student started the electrical engineering program at Sac State in 1991, and took one of Markovic\u2019s courses in his second semester. Shortly after the start of the semester, Markovic offered to pay this student to help him grade papers. Eventually a strong professional and personal relationship developed. After grading his papers, Markovic would have the student drop off the graded work at his home, where the two would often share dinner and wine. The student said Markovic invited him to go on trips with him. They once traveled together on a personal vacation t t lif \uf02f to Monterey Bay, Calif. The former student also said Markovic made a direct sexual advance toward him. He says after denying him repeatedly, Markovic began stalking the student at his home and wrote threatening and inappropriate letters to the student\u2019s friends. One such letter obtained by The State Hornet said love him, and do not know why he does not return my love helped him so much and he just ignores me must get back at him.\u201d Mattiuzzi said she was contacted by a company in Nevada that claimed Markovic had called its office 12 to 15 times and visited the company twice, urging them not to hire the particular student because he said the student cheated in class and would not be a good hire. The student received copies of letters that were sent by the dean to Markovic, and was under the impression that everything would be taken care of. He said, \u201cThe university convinced me that whatever legal action was necessary would be taken.\u201d Students and staff filed complaints against the professor multiple times. The court case contains nearly 150 pages and seven years of documented complaints and letters about problems with Markovic. Markovic told The Sacramento Bee he planned to retire on Aug. 21 because of recent budget cuts and required furlough days. He was signed up to teach a full schedule of courses this semester and was among the list of professors expecting to receive grant money from the stimulus. Kepley confirmed Markovic\u2019s retirement and said his classes would continue just taught by another professor. \uf02f \u00a9 2025 Pro WordPress Theme by \u2022 Log in After seeing Markovic on campus on Aug. 26, Mattiuzzi took sick leave and is not sure when she will return. Neither Sac State nor Markovic have sent formal responses to the suit at the time of publication. Both parties have until later next week to submit a written response or request an extension.Brittany Bottini and Natalie Flynn can be reached at bbottini@statehornet.com. and nflynn@statehornet.com. Donate to The State Hornet $500 $2500 Contributed Our Goal Donate Your donation will support the student journalists of Sacramento State University. Your contribution will allow us to purchase equipment and cover our annual website hosting costs. \uf39e \uf16d \ue61b \ue07b Search \uf002 \uf02f \uf02f", "7535_105.pdf": "Sacramento State Dean On Leave Accused Of Retaliation Against Whistleblower December 11, 2013 / 11:36 Sacramento (CBS13 Sacramento State dean placed on leave is accused of retaliating against a whistleblower who tried to uncover a two-decades-long sexual harassment scandal, CBS13 has learned. The allegations date back to the early '90s with a professor who allegedly sexually harassed students. When a Sacramento State employee tried to stop it, she says the dean retaliated against her. Dr. Emir Macari, the dean of engineering, suddenly disappeared last week under unknown circumstances Sacramento State spokesperson would only confirm that he was put on a leave of absence. CBS13 learned he is not wanting one person to succeed. Career counselor Cici Mattiuzzi filed a federal lawsuit against Macari and Sacramento State in 2011, alleging retaliation, for trying to uncover an engineering professor who allegedly hit on male students. Some of the engineering students remember the rumors about Professor Miroslav Markovic, who is no longer at Sacramento State. Mattiuzzi claims in her lawsuit that a student told her in 2008 that Markovic invited him to his home several times to work on his car News Weather Sports Video Your County 50\u00b0 Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/16/25, 11:19 Sacramento State Dean On Leave Accused Of Retaliation Against Whistleblower Sacramento 1/3 Another student allegedly told Mattiuzzi that the professor had offered to buy him a laptop and take him to Hawaii for the summer. The lawsuit also claims Markovic threatened to shoot employees, allegedly telling a pregnant woman, \"I'm going to get a gun and shoot you.\" Those allegations stem back more than 20 years to when Markovic is accused of stalking a student in 1991. Markovic left Sacramento State in 2009 after the counselor sued him and the university. But Mattiuzzi says instead of things getting better, Macari created a hostile work environment. But, for reasons the university won't explain, the dean is gone, at least for now. Mattiuzzi claims the dean blamed her for the troubled relationship between Sacramento State staff and the college of engineering. The federal lawsuit is still ongoing, but Macari is no longer part of it after filing for bankruptcy. Related articles Sacramento State President's Son Subject Of Sexual Harassment Suit At School Sacramento State Students Rally On Social Media To Find Stroke Victim Job Fake Bombs At Sacramento State Annoying Students For Third Consecutive Month Fake Bombs Appearing Around Sacramento State Campus Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/16/25, 11:19 Sacramento State Dean On Leave Accused Of Retaliation Against Whistleblower Sacramento 2/3 \u00a92025 Broadcasting Inc. All Rights Reserved. Terms of Use Privacy Policy Cookie Details CBS13 News Sports Weather Contests Program Guide Sitemap Download Our App Advertise Television Jobs Public File for / CBS13 Public File for / Good Day Sacramento Public Inspection File Help Applications Report \u00a9 2013 Broadcasting Inc. All Rights Reserved. More from News Mike Alberghini, coaching great for Northern California powerhouse Grant High School, dies at 78 Plans for new 14-room boutique hotel in Old Sacramento unveiled Ceres man accused of stabbing, killing older brother near Turlock park Arrest made in Sacramento shooting on Ringgold Street Watch News 2/16/25, 11:19 Sacramento State Dean On Leave Accused Of Retaliation Against Whistleblower Sacramento 3/3"} |
7,444 | Shuichi Komiyama | Montana State University | [
"7444_101.pdf",
"7444_102.pdf",
"7444_103.pdf",
"7444_104.pdf",
"7444_105.pdf",
"7444_106.pdf"
] | {"7444_101.pdf": "student/article_c78b8016-d5ef-11e0-824e-001cc4c03286.html investigation finds professor sexually harassed student SCHONTZLER, Chronicle Staff Writer Sep 3, 2011 Privacy - Terms 2/16/25, 11:20 investigation finds professor sexually harassed student | Education | bozemandailychronicle.com 1/3 Shuichi Komiyama An investigation by Montana State University into allegations against Orchestra conductor Shuichi Komiyama has concluded that he had an intimate relationship with a female student and violated university policies against sexual harassment and gender discrimination. Komiyama, 47, a charismatic conductor credited with breathing new life into MSU's orchestra and jazz programs, has denied all the allegations. 2/16/25, 11:20 investigation finds professor sexually harassed student | Education | bozemandailychronicle.com 2/3 The investigation concluded the female student had a reasonable belief that the professor had \"considerable power over her success\" and that she had to give in to his sexual advances to receive his assistance in furthering her career, receiving special instruction and getting into graduate school Chronicle sues over conductor\u2019s suspension Talented conductor suspended mum music professor will register as sex offender attorney says Document: Komiyama letter conductor Shuichi Komiyama resigns in wake of sex scandal Gallatin County judge rules in Chronicle\u2019s favor against Documents allege ex conductor pursued high school and college students Former student claims she was raped by music professor, sues asks for sexual assault lawsuit to be dismissed Former music professor dropped from lawsuit against Chronicle vs. Montana State University 2/16/25, 11:20 investigation finds professor sexually harassed student | Education | bozemandailychronicle.com 3/3", "7444_102.pdf": "BOZEMAN, Mont. (AP) \u2014 The Montana Supreme Court has ruled in favor of a university accused of hiring and supervising a music professor despite sexual-misconduct allegations. The high court ruled Tuesday that a lower court erred by saying a former student should win her case without trial because Montana State University destroyed email evidence. Five of the seven justices said the lawsuit should go back to district court for further proceedings, saying there was no evidence the university intentionally destroyed emails to conceal evidence. The Bozeman Daily Chronicle reports Montana State hired Shuichi Komiyama in 2006. The unidentified student alleges Komiyama had a relationship with her and eventually raped her. The student claims a university official became aware of a variety of accusations against Komiyama, including that he\u2019d sexted underage students. ___ Information from: Bozeman Daily Chronicle, Montana justices side with university in professor sex case Updated 3:04 CST, September 16, 2018 Daytona 500 \u2018Saturday Night Live\u2019 Congo Shakira Severe weather 2/16/25, 11:20 Montana justices side with university in professor sex case News 1/2 Trump moves with dizzying speed on his to-do list. But there are warning signs in his first month Trump administration wants the Supreme Court to let the firing of whistleblower agency head proceed Justice Department\u2019s independence is threatened as Trump\u2019s team asserts power over cases and staff New York police find body of missing man they say was tortured for more than a month by 5 people At least 9 people are dead, including 8 in Kentucky, in latest blast of winter weather 1 2 3 4 5 2/16/25, 11:20 Montana justices side with university in professor sex case News 2/2", "7444_103.pdf": "Montana State settles lawsuit over sexual harassment Associated Press Published 9:52 a.m Nov. 27, 2018 Updated 1:38 p.m Nov. 27, 2018 \u2014 Montana State University has agreed to pay $175,000 to a former student who filed a civil lawsuit alleging the school was negligent in hiring a convicted sex offender as a music teacher. The Bozeman Daily Chronicle reports did not admit liability and settled the case earlier this month to avoid further litigation university investigation found assistant professor Shuichi Komiyama had an intimate relationship with the woman. She said she felt she had to give in to his sexual advances to further her career. He was hired in 2006 and resigned in September 2011 earlier paid the woman $75,000 to settle a sexual harassment claim brought before the Human Rights Bureau. Komiyama pleaded guilty in 1990 to two felonies for having a sexual relationship with a California high school student when he was in his early 20s. 2/16/25, 11:20 Montana State settles lawsuit over sexual harassment 1/1", "7444_104.pdf": "offender-hire/article_43283e86-7bea-57bb-8178-a846479b0794.html Student Sues MSU, Says School Negligent in Sex Offender Hire Jun 8, 2015 BOZEMAN, Mont former student is suing Montana State University for hiring a convicted sex offender as a music professor, saying the school's negligence allowed Shuichi Komiyama to manipulate and rape her. The Bozeman Daily Chronicle reports ( ) that the judge has not yet ruled on the student's request for a partial summary ruling in her favor. No trial date has been set argues that the student willingly consented to a sexual relationship, suffered no emotional distress and that her own negligence should reduce or eliminate any damages. The university also says it had no way of knowing that Komiyama might assault a student. Legal briefs show that paid the former student $75,000 to settle a sexual harassment claim brought before the Montana Human Rights Bureau. 2/16/25, 11:20 Student Sues MSU, Says School Negligent in Sex Offender Hire | Student-of-the-week | montanarightnow.com 1/2 Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. 2/16/25, 11:20 Student Sues MSU, Says School Negligent in Sex Offender Hire | Student-of-the-week | montanarightnow.com 2/2", "7444_105.pdf": "Montana State Settles Lawsuit Over Sexual Harassment Montana Public Radio | By Associated Press Published November 27, 2018 at 4:47 Montana State University logo. BOZEMAN, Mont. (AP) \u2014 Montana State University has agreed to pay $175,000 to a former student who filed a civil lawsuit alleging the school was negligent in hiring a convicted sex offender as a music teacher. The Bozeman Daily Chronicle reports did not admit liability and settled the case earlier this month to avoid further litigation university investigation found assistant professor Shuichi Komiyama had an intimate relationship with the woman. She said she felt she had to give in to his sexual advances to further her career. He was hired in 2006 and resigned in September 2011. Donate Radios Appear 2/16/25, 11:20 Montana State Settles Lawsuit Over Sexual Harassment | Montana Public Radio 1/6 earlier paid the woman $75,000 to settle a sexual harassment claim brought before the Human Rights Bureau. Komiyama pleaded guilty in 1990 to two felonies for having a sexual relationship with a California high school student when he was in his early 20s. Information from Bozeman Daily Chronicle. Tags Montana News Montana State University sexual harassment Shuichi Komiyama Human Righs Bureau Radios Appear 2/16/25, 11:20 Montana State Settles Lawsuit Over Sexual Harassment | Montana Public Radio 2/6 Film tells the stories of those impacted by the 2022 Yellowstone floods The Gulf of What? Bathroom laws take priority; Republicans take aim at climate rules Lawmakers table plan for a major boost in film tax credits Montana Renewables set to receive nearly $1.7 billion in federal loans Radios Appear 2/16/25, 11:20 Montana State Settles Lawsuit Over Sexual Harassment | Montana Public Radio 3/6 New arraignment process is aimed at easing the strain on Yellowstone County jails Get the app Get news in your inbox indicates required * Email Address * Radios Appear 2/16/25, 11:20 Montana State Settles Lawsuit Over Sexual Harassment | Montana Public Radio 4/6 Make a monthly donation Become a sustaining member for as low as $5/month Make a one-time donation Make an annual or one-time donation to support Pay pledge or update info Pay an existing pledge or update your payment information Stay Connected \u00a9 2025 About Mission History Sponsorship Opportunities Privacy Subscribe Radios Appear 2/16/25, 11:20 Montana State Settles Lawsuit Over Sexual Harassment | Montana Public Radio 5/6 Admin License & Governance Financials Applications Online Public Files Jobs Reports Radios Appear 2/16/25, 11:20 Montana State Settles Lawsuit Over Sexual Harassment | Montana Public Radio 6/6", "7444_106.pdf": "Quotable... \"Gee, there is something wrong with just about everything, isn't there, Dad?\" -\"Beaver\" (Theodore Cleaver) \"Just about, Beav!\" - Dad (Ward Cleaver) -- \"Leave It To Beaver,\" television series 1957 - 1963. Having trouble viewing this email? View it in your browser. Internal Auditing Case in Point: Lessons for the pro-active manager September 2011 Vol. 3 No. 9 Fraud and ethical issues are a common theme each month in our newsletter. This month is a sobering reminder that fraud and ethical issues can occur at any level of an organization. Former University of Central Arkansas president Lu Hardin was sentenced to five years of probation and 1,000 hours of community service in relation to his guilty plea on fraud charges. Hardin, 60, pleaded guilty earlier this year to falsifying a document that persuaded trustees to give him early access to a $300,000 bonus so he could pay off gambling debts. Fraud research reveals that three conditions are generally present when a person commits fraud against his or her employer: Pressure, Opportunity, and Rationalization. These three factors are often referred to as the ''fraud triangle.'' In Hardin\u2019s case the pressure apparently came from debts associated with a gambling addiction. Pressure can come from a wide range of sources, be it credit card debt or simply maintaining a high standard of living. Opportunity refers to the ability to process a transaction, to access funds, or even to access inventory. Rationalizations can be easily developed if the other factors are present. Anything from, ''I'm only borrowing,'' to ''they don't pay me enough,'' have been used by many fraudsters. The best way to prevent fraud is to raise your level of perception of detection. Employees rarely will commit fraud if they believe they will be caught. That is why ensuring you monitor what is occurring in your operations is so important. It is also why one person should never have total control of a process. One person with total control of a process who then has the pressures mentioned earlier can result in life-changing decisions being made. M. Kevin Robinson Executive Director, Internal Auditing Information Security & Technology Events Sept. 26, 2011: Thousands of students at Florida International University are hoping their personal information is not used against them after being informed of a possible security breach of the university's computer system. (link) Sept 26, 2011: Harvard University's home page was hacked earlier today in what was described as a \"sophisticated\" attack that briefly defaced the site with a message accusing the U.S. of supporting the uprising against Syria's president. (link) Sept. 22, 2011: Almost a year after one of the largest security breaches in higher education history, an entire department at Ohio State remains silent, 2/16/25, 11:20 Case In Point Sept. 2011 1/6 stories don't line up, a top information technology official has retired and many questions remain unanswered. (link) Sept. 22, 2011: The University of Texas at San Antonio is informing 688 students and prospective students who either enrolled in or applied to courses in the Honors College that an unauthorized user may have gained access to information about them. Those affected have been notified by personal letter. (link) Sept. 16, 2011: Multiple zero-day security vulnerabilities have been found in the world\u2019s most popular educational software - holes that allow students to change grades and download unpublished exams, whilst allowing criminals to steal personal information. (link) Sept. 9, 2011 medical privacy breach led to the public posting on a commercial Web site of data for 20,000 emergency room patients at Stanford Hospital in Palo Alto, Calif., including names and diagnosis codes, the hospital has confirmed. The information stayed online for nearly a year. (link) Sept. 9, 2011: The Indiana University School of Medicine is warning thousands of people that their medical records could have been breeched after someone stole a laptop back in August. (link) Sept. 9, 2011: Data from independent research, Effective Management of Safe & Secure Openings & Identities, shows 82 percent of public, private and 2-year specialized colleges and universities believe they are not very effective at managing safe and secure openings or identities. Only 18 percent believe they are very effective at granting or denying access to appropriate individuals or knowing who goes where. (link) Sept. 1, 2011: California's current governor, Edmund G. \u201cJerry\u201d Brown, Jr. (D), signed into law S.B. 24, which adds some additional protections to the state's current data breach notification requirements. (link) Sept. 1, 2011: According to a report issued by the Digital Forensics Association last month \"The Education sector, despite a small bump in 2008, has maintained the position of the least amount of records disclosed for almost every year in the study. This is remarkable, given that Educational institutions have a high number of highly desirable records from an identity thief\u2019s point of view. Social Security Numbers (SSNs) are frequently part of the student\u2019s records, and financial aid information almost always requires either an or some other type of desirable data. (link) Fraud & Ethics Related Events Sept. 29, 2011: The former chancellor of City College of San Francisco has pleaded guilty to felony charges of misusing public funds.As part of a plea deal, Philip Day admitted last week to diverting nearly $100,000 in college funds to campaign for community college bond ballot measures. It is illegal to use public money for political purposes.(link) Sept. 28, 2011: The letter \u2018T\u2019 is disappearing from signs all over campus, costing the school more than $100,000 in repairs. Officials at the school in Atlanta are asking students to knock it off. (link) Sept. 27, 2011: \"Colleges look for the best and brightest students, yet these six defendants tried to cheat the system and may have kept honest and qualified students from getting into their dream school.\" (link) 2/16/25, 11:20 Case In Point Sept. 2011 2/6 Sept. 26, 2011: Drake University\u2019s former director of student accounts pleaded guilty Monday of embezzling more than $10,000 from the university over a period stretching at least five years. Harlan admitted Monday that took money that did not have the right to take,'' apparently as part of a scheme that involved creating credits in the accounts of former Drake students. Those accounts then were settled through what Drake officials have described as a petty cash fund. (link) Sept. 26, 2011:Former University of Central Arkansas president Lu Hardin said Monday that he was hooked on the slots the first time he played them more than a decade ago, and that his gambling compulsion and mounting debts led him to lie to school trustees to tap into bonus money he had been promised. (link) Sept. 25, 2011: According to the affidavit, investigators found that about $45,800 in university funds had been deposited in Bernier\u2019s account between February 2005 and September 2010 review of Bernier\u2019s use of her University of Vermont credit card turned up four purchases totaling $587.18 for items including groceries and clothing \u201cwith no known business purpose.\u201d (link) Sept. 20, 2011: Prosecutors in Utah claim a former employee of an online university cashed three checks totaling more than $500,000 that she wrote to herself in 2010. Shelley Ann Wilkinson, 44, forged the signatures of the chief financial officer and another employee at the Western Governors University that authorized the checks, according to charges filed last week in 3rd District Court in Salt Lake City. (link) Sept. 15, 2011 former Hawaii Pacific University administrative assistant pleaded not guilty today to a second-degree theft charge of stealing at least $13,000 from the school parking fees. (link) Sept. 14, 2011 Fayetteville, Ga., man is accused by authorities of stealing more than $400,000 in an alleged sports travel scheme involving several colleges across the country. According to federal prosecutors, Brannan operated a company called Transports Athletics that allegedly arranged travel overseas for university sports teams. (link) Sept. 14, 2011 former West Liberty University employee faces embezzlement charges involving the unauthorized use of a state purchasing card. (link) Sept. 13, 2011 Missoula judge on Monday set forth the details of a sentence he intends to foist upon a former University of Montana employee who embezzled $300,000 from the university. Christine Bitterman, 49, who in August pleaded guilty to five counts of felony theft for bilking her former employers at UM's Residence Life office, will be sentenced Oct. 11 to 20 years in the state Department of Corrections with 15 years suspended. (link) Sept. 13, 2011 former Oklahoma State University employee accused of embezzling more than $80,000 has an October court date. Prosecutors allege that Low used a university credit card to make personal purchases from July 2008 through February 2010. (link) Sept. 9, 2011 former office manager at New Jersey City University in Jersey City was sentenced to three years in state prison today for helping her husband steal $486,578 from the school's Student Government Organization, the Attorney General's Office said. (link) Sept. 7, 2011 former Westminster College employee was in court Wednesday on charges of three counts of theft by deception. Former student employment supervisor Mary Jane Hake, 39, of Youngstown, who was responsible for 2/16/25, 11:20 Case In Point Sept. 2011 3/6 preparing time sheets and paychecks pleaded guilty to stealing checks totalling $11,265. (link) Sept 6, 2011: Recently released from prison, Miller Beckham was looking for some cash. He thought he'd hit the jackpot when he found a cache of documents that detailed medical and other personal information of several Xavier University athletes. Beckham told officials he'd gladly return the documents - for $20,000. (link) Sept 3, 2001: An investigation by Montana State University into allegations against Orchestra conductor Shuichi Komiyama has concluded that he had an intimate relationship with a female student and violated university policies against sexual harassment and gender discrimination. (link) Sept. 2, 2011: Greg Winslow, a former men's basketball coach at Ventura College who was found guilty of Misappropriation of public funds, will have to pay $45,000 in restitution \u2014 hundreds of thousands of dollars less than what the college initially asked for. (link) Sept 2, 2011: The man in charge of the University of Central Arkansas is no longer the college president. On Friday afternoon, the board of trustees approved the resignation of President Allen Meadors. It comes after controversy over a $700,000 gift to the school to renovate the president's home. (link) Compliance/Regulatory & Legal Events Sept. 30, 2011 whistleblower leaked graphic photographs and an eyewitness account of alleged animal mistreatment and killings by Princeton University\u2019s Primate Neuroethology Laboratory yesterday as part of a campaign headed by Stop Animal Exploitation Now (SAEN). (link) Sept. 29, 2011 formal discrimination complaint against Colorado Mountain College, which asks the school to place three faculty members on leave during an investigation into a recent incident, is now in the school's hands. Aspen resident Channing Seideman, who has epilepsy, claims that certain faculty members inappropriately handled a seizure she had during class. (link) Sept. 28, 2011: Two former college football players who suffer from the residual effects of head injuries filed a class-action lawsuit today against the National Collegiate Athletic Association (NCAA), accusing the governing body of neglecting to protect student-athletes from concussions and their aftermath. (link) Sept. 28, 2011: An Ohio University student says he was a victim of team hazing, which landed him in the hospital with a head injury. Pending an investigation the men's soccer club has been suspended from playing or practicing. (link) Sept. 27, 2011: Vanderbilt University\u2019s review of student organizations\u2019 obedience to its nondiscrimination policy has some students, professors and outside advocates saying the university itself is the one doing the discriminating. (link) Sept. 21, 2011: Edward Larkin, the University of New Hampshire professor who exposed himself to a woman and her daughter in Milford in 2009, will not be teaching or have contact with students when he returns to campus for the spring 2012 semester. (link) Sept. 20, 2011: The University of Florida plans to repay more than $192,000 in grant funding to the National Institutes of Health because of prematurely 2/16/25, 11:20 Case In Point Sept. 2011 4/6 destroyed records, possibly falsified overtime hours and questionable charges found through internal audits of a university institute. (link) Sept. 14, 2011: Today the filed suit in federal court to stop Linn State Technical College, a public college in Missouri, from drug testing all of their incoming students with no suspicion of wrongdoing. (link) Sept. 6, 2011: The family of a Yale University student murdered by a co-worker in a campus research facility two years ago filed a wrongful death lawsuit on Tuesday against the university, accusing Yale of failing to protect women and tolerating aggressive male behavior. (link) Sept. 2, 2011: The Obama administration is holding colleges' feet to the fire when it comes to how they handle reports of sexual violence and harassment. (link) Campus Life & Safety Events Other News & Events Sept. 22, 2011 longtime adviser to Gov. Rick Perry, upset over his abrupt firing at a Texas university, admitted Thursday he told staff he would surrender his office keys only if \"anyone is man enough to take them\" \u2014 all while brandishing a pocketknife in what police called a \"nonthreatening\" way. (link) Sept. 22, 2011: Pale, thin and dressed in a red jail uniform, a Harvard University-educated biology professor pleaded not guilty by reason of insanity to capital murder charges Thursday in the slayings of three colleagues killed during a faculty meeting at the University of Alabama in Huntsville. (link) Sept. 20, 2011: Labeling over-involved mothers and fathers of college students \u201chelicopter parents\u201d is common. I\u2019ll be the first to admit I\u2019ve been guilty of it on occasion. But the term, albeit clever, is usually derisive and does little to help the students whose parents are hovering, to say nothing of the college and university administrators who serve them and those to whom the moniker applies. (link) Sept. 19, 2011: As college freshmen say goodbye to high school and living under their parents\u2019 roof, they should also shed some of their social media habits. (link) Sept 15, 2011: The University of Iowa is apologizing for a joke on a school Twitter feed that appeared to refer to Republican presidential candidate Michele Bachmann as a cougar. (link) Sept. 15, 2011: Maryland State Police announced Friday that a 19-year-old student at Bowie State University has been charged with murder in the fatal stabbing of her roommate on campus. (link) Sept. 14, 2011: The Notice issued today provides guidance on the treatment of employer- provided cell phones as an excludible fringe benefit. The Notice provides that when an employer provides an employee with a cell phone primarily for noncompensatory business reasons, the business and personal use of the cell phone is generally nontaxable to the employee. The will not require recordkeeping of business use in order to receive this tax-free treatment. (link) 2/16/25, 11:20 Case In Point Sept. 2011 5/6 If you have any suggestions, questions or feedback, please e-mail me at robinmk@auburn.edu. We hope you find this information useful and would appreciate hearing your thoughts. Feel free to forward this email to your direct reports, colleagues, employees or others who might find it of value. Back issues of this newsletter are available on our web site at If you have any suggestions for items to include in future newsletters, please e- mail Robert Gottesman at gotterw@auburn.edu Department of Internal Auditing Auburn University 304 Samford Hall M. Kevin Robinson, Exec. Director robinmk@auburn.edu 334.844.4389 \u00a9 Redistribution of this newsletter, with or without modification, is permitted provided Auburn University Internal Auditing is listed as the source. 2/16/25, 11:20 Case In Point Sept. 2011 6/6"} |
7,223 | Ellen Lemley | Arkansas State University | [
"7223_101.pdf",
"7223_102.pdf",
"7223_103.pdf",
"7223_104.pdf"
] | {"7223_101.pdf": "\u2013 1 1 Master of Arts in Criminal Justice 2 43.0103 3 Dr. Gregory D. Russell, Assoc. Professor Dept. of Criminology, Sociology, and Geography Jonesboro Box 2410 State University, Arkansas 72467 grussell@astate.edu (870) 972-3705 4 August 2005 5 Provide a general description of the proposed program. Include overview of any curriculum additions or modifications; program costs; faculty resources, library resources, facilities and equipment; purpose of the program; and any information that will serve as introduction to the program. List existing degree programs that support the proposed program. This program is intended to be a master\u2019s degree that conforms to the nationally accepted standard in the field as indicated by the Academy of Criminal Justice Sciences. The core courses and elective concentrations most closely resemble a mix between the programs in criminal justice at Washington State University and SUNY, Albany, the number 6 and number 1 schools in the field respectively. It is intended to 1) develop additional analytical skills for in-service practitioners with a in the field or a closely related field; 2) to provide practitioners in this region with access to graduate education in their field in order for them to be more competitive for promotion within state agencies; 3) to provide our undergraduates who wish to pursue a degree regional access to one in their field of choice; and 4) to provide our undergraduate students who are considering a Ph.D. in the field a good foundation for further graduate studies. Initially there are no new courses and the proposed degree program will employ only existing courses and existing faculty lines. The primary contributors will be from two Departments: 1) Criminology, Sociology and Geography, and 2) P-1 2 Political Science. There will be no additional costs to the university in regards to faculty, course offering impacts, or staffing. The program will require the normal allocation of graduate assistantships from the graduate school. Faculty resources are currently sufficient for projected student demand. Library holdings are currently sufficient to support this degree. Classrooms and the Statistics and Research Labs are sufficient to support this degree. 6 Provide survey data (number not percentage) on student interest (number of students planning to enroll), job availability, corporate demands and employment/wage projections. Focus mostly on state needs and less on regional and national needs, unless applicable to the program. Survey data can be obtained by telephone, letters of interest, student inquiry, etc. Focus mostly on state needs for undergraduate programs; and state, regional and national needs for graduate programs. Provide names/types of organizations/businesses surveyed. Letters of support should address the following when relevant: the number of current/anticipated job vacancies, whether the degree is desired or required for advancement, the increase in wages projected based on additional education, etc. Indicate if employer tuition assistance is provided or other enrollment incentives. The in is quickly becoming the path to both employment and promotion in the Criminal Justice system as processes are becoming exceedingly complex. This is particularly true in state agencies (e.g., Probation and Parole which requires the at a minimum) and federal agencies (e.g Marshall Service). Many area practitioners have voiced strong support for the program and believe it will cause state agencies to be more effective and their employees more competitive statewide. Currently, the University of Arkansas at Little Rock has the only such program in the state and it is not sufficient to meet statewide need. Not only have our graduates gone out of state for graduate work in the past two years (e.g., UC, UM, several in Missouri, and others), but undergraduates are similarly limited in their choices. We have 250 undergraduate majors in Criminology. Moreover, those who do go out of state for their master\u2019s degree must pay out-of- P-1 3 state tuition. To establish the degree of local and regional need, we inquired with state and local law enforcement and corrections personnel, and surveyed our students. 1. Six of our Aug. and Dec. 2004 graduates have entered either the in Sociology, the MPA, or the Graduate Certificate in Criminal Justice Program in order to pursue studies in this area. They hope to move into the in if it is approved. 2. Surveys of our seniors (May 2005, Aug. 2005, and Dec. 2005) indicate that 15% Intend to apply for the in if it is available (approximately 12 students). 3. Six recent graduates (2004) have said they will apply for the program if it is approved. 4. We have fielded more than a dozen inquiries from local law enforcement and corrections agencies regarding the possibility of the degree being available at ASU. Personnel learned from our interns in those agencies that we were making an application with the state for this program. As a result, without any solicitation by ASU, seven current state personnel indicated they will apply for the degree. The one current available in-state program is more than 2 hours away from Jonesboro. Those programs out of state are from 1.25 hours to 4 hours away from Jonesboro. From the north and east of Jonesboro the distances to the in- state program grow excessive, making travel prohibitive for those currently in positions. Typically they hold day jobs that make extensive travel impossible. Employment in the field of Criminal Justice, consistent with growth of both the undergraduate and graduate populations nationally, continues to grow at pace of about 5% per year. Some agencies have tuition assistance programs, many have payroll incentives for graduate education. 7 Provide curriculum outline by semester Give total number of semester credit hours required for the program Identify new courses (provide course descriptions) Identify required general education courses, core courses and major courses Identify courses currently offered via distance technology State program admission requirements Describe specified learning outcomes and course examination procedures. Include a copy of the course evaluation to be completed by the student. P-1 4 Admission requirements: 1 or in Criminal Justice, Criminology, Political Science, Psychology, or Sociology. 2. Two letters of recommendation, a statement of purpose 3 3.00 in the final 60 hours of undergraduate work, or prior graduate degree, or at least 6 hours of graduate credit with a or better in all courses attempted, or an score of 139 or better, or a combined score of 900 (quantitative and verbal). New Courses: None Degree Requirements: 1. Core Required Courses: all required (12 hours total) Soc 6233 Criminal Justice Systems Soc 6133 Seminar in Policing Soc 6513 Seminar in Community and Institutional Corrections Soc 6523 Criminal Behavior Soc 6403 Seminar in Juvenile Delinquency 2. Methods Courses (1course required; 3 hours) Soc 6343 Methods of Social Research Soc 6253 Qualitative Methods of Social Research Soc 5343 Geographical Information Systems for the Social Sciences Soc 5323 Applied Research Posc 6573 Grant Writing and Administration Posc 6533 Public Policy Analysis and Evaluation 3. Electives (6 courses required; 18 hours total) from any of the following: Political Science: Posc 6513 Administrative Law Posc 6543 Administrative Behavior Posc 6553 Public Budgeting and Finance Posc 6533 Seminar in Human Resource Management Posc 6503 Managing Local Government Posc 6153 Supreme Court Posc 6523 Decision Making Sociology: Soc 6203 Social Psychology Soc 5233 Social Organizations Soc 5243 Social Theory Soc 6523 Criminal Behavior / Soc 6403 Seminar in Juvenile Delinquency (which ever course was not taken to satisfy core requirements) P-1 5 Soc 6123 Aging, Law and Social Issues Soc 5353 Sociology of Aging Soc 6303 Contemporary Social Theory Soc 6423 Seminar in Race, Gender and Class Any courses in category 2 above which were not taken to satisfy the methods requirement. 4. Degree Plan No later than the second semester after a student enters the program, the student shall select a graduate committee of at least three faculty members from the graduate faculty, at least two of whom must be from the department of Criminology, Sociology, and Geography. The chair of the committee must be from the department of Criminology, Sociology and Geography. Before the end of the second semester the student shall submit a graduate plan to the committee for consideration, which shall indicate the courses the student plans to take to fulfill the degree requirements. At least two members of the committee must approve the plan. 5. Professional Paper The student must write and defend a professional paper, one the student\u2019s graduate committee unanimously agrees is worthy of presentation at a professional conference or submission to a refereed journal. The defense shall be open to all members of the graduate faculty of the University and shall be considered both an oral and written comprehensive examination. The defense shall occur during or after the student\u2019s last semester of course work. 6. The student must otherwise comply with all existing graduate school policy at the time of admission. 8 List the names and credentials of all faculty teaching courses in the proposed program. (For associate and above minimum of one full-time faculty member with appropriate credentials is required.) Total number of faculty required (number of existing faculty, number of new faculty). For new faculty provide the expected credentials/experience and expected hire date. For proposed graduate programs provide the curriculum vita for faculty teaching in the program, and the expected credentials for new faculty and expected hire date. P-1 6 Dr. Gregory Russell, Associate Professor CSG, Director, Criminology Dr. Larry Salinger, Associate Professor Dr. Gretchen Hill, Associate Professor Dr. Doris Chu, Assistant Professor Dr. Mary Donaghy, Assistant Professor Dr. Ellen Lemley, Assistant Professor Dr. Chris Wienke, Assistant Professor Dr. Andrew Knight, Assistant Professor Dr. Patrick Stewart, Associate Professor, POSC, Director Program Dr. David England, Associate Professor Dr. Catherine Reese, Associate Professor Dr. William McLean, Assistant Professor 9 Current library resources in the field Current instructional facilities including classrooms, instructional equipment and technology, laboratories (if applicable) New resources required, including costs and acquisition plan Library resources of greatest significance are the journal holdings. These are considered to be more than adequate to support this degree; both physical holdings and online resources. The primary classroom needs are typical seminar rooms. These are adequate also. Laboratory needs are limited to computer labs. There are two such labs. One is the Statistics Lab in the International Building. It has recently been refitted with high end computers, with a full range of software, including (statistics package) and ArcView (ArcView 9.0) is the top of the line software employed in Social Science, Business, Geography, and other fields including Environmental Science. These resources (and the new printers) are more than adequate to support the program. The second laboratory is the survey research lab in which students learn to design, execute and analyze telephone survey research instruments. Normally, this occurs both within and outside of normal class work, including grants and pure research. The lab is equipped with an auto-dialer, and computer assisted interviewing software for immediate data entry. 10 \u2013 Expenditures for the first 3 years of program operation New administrative costs Number of new faculty (full-time and part-time) and costs New library resources and costs New/renovated facilities and costs 7 New instructional equipment and costs Distance delivery costs (if applicable) Other new costs (graduate assistants, secretarial support, supplies, faculty development, faculty/students research, etc.) We will employ existing facilities, holdings, faculty and courses. There is no need to hire new faculty. This program is supportable with resources currently in place, with the exception of graduate assistants. This will be a cost to the university in one of two ways. First, the university, via the Graduate Dean, may re-allocate existing graduate assistantships to this program thus taking them from another graduate degree; or second, if available, the university will need to fund three new positions, at an annual cost of approximately $25,000 (depending upon the level of stipend set by the Graduate School). The Graduate Dean is currently examining the allocation policy independent of this proposal. No new costs (Explain) 11 \u2013 Income for the first 3 years of program operation Reallocation from which department, program, etc. Tuition and fees (projected number of students multiplied by tuition/fees) State revenues (projected number of students multiplied by state general revenues) Other (grants, employers, special tuition rates, mandatory technology fees, program specific fees, etc 12 Proposed program will be housed in (department/college) The director of the Criminal Justice Graduate Program and Program in Criminology reports to the Chair of the Department of Criminology, Sociology, and Geography who reports to the Dean of Humanities and Social Sciences who reports to the office of the Vice Chancellor for Research and Academic Affairs. 13 Specialized accreditation requirements for program (name of accrediting agency) Licensure/certification requirements for student entry into the field 8 Provide documentation of Agency/Board approvals (education, nursing--initial approval required, health-professions, counseling, etc.) There is no current accreditation requirement. There may be one in three to five years as is currently discussing this for graduate undergraduate programs. It is uncertain if it will be adopted any time soon. However, even if it should come to pass, the curriculum described above will meet the current \u201cguidelines.\u201d 14 May 6, 2005 15 List institutions offering program Proposed undergraduate program \u2013 list institutions in Arkansas Proposed master\u2019s program \u2013 list institutions in Arkansas and region The programs closest to Jonesboro and this general region are: University of Arkansas \u2013 Little Rock University of Memphis (Tenn.) Southeast Missouri State University University of St. Louis complete list of graduate programs in the U.S. can be found at the homepage of the American Society of Criminology. Programs in Oklahoma and Texas are too distant to be considered of any value regionally or locally. Proposed doctoral program \u2013 list institutions in Arkansas, region, and nation Why is proposed program needed if offered at other institutions in Arkansas or region? Available programs are too distant for those who are in-service, too distant for undergraduate students from this region, and would require students to either move or pay out-of-state tuition. In addition, the programs that are available are not sufficiently large to satisfy the market demand. For those who are in-service (law enforcement, probation, parole, and corrections) there is no real option. 16 9 State the total number of students, number of black students, and number of other minority students enrolled in related degree programs (if applicable) Nearly half of our graduates who currently are attending other institutions to obtain this degree are people of color. Each would have preferred to stay here. Moreover, the national trend in Master\u2019s Programs in Criminal Justice is a high percentage enrollment of minority students and females. Approximately 15% of our 250 undergraduate majors are people of color and many would prefer to continue their education at the graduate level. In the University as a whole, minority students make up approximately 19% of the student body (with about 15% being African American students). Referencing the discussion of anticipated student enrollment above in section 6, of all of these nearly 1/3 are people of color. For example, this semester our Seminar in Criminal Justice Systems had 11 students. Of these 11, nine were women and three were African-American students (2 female, 1 male). Only two were continuing students. Two of the new students were African-American females, one not an alumnus. In sum, we believe from all available information that we will have an initial cohort of between 15 and 20 students in the fall of 2005; at least 7 will be minority students. Indications are similar for our junior class. Most of our minority students are from this region and prefer to remain here as along as possible for graduate education and employment. Moreover, possession of a graduate degree will provide a far more competitive edge in regards to employment and promotion for both women and minorities. 17 (MOU) If the courses or academic support services will be provided by other institutions or organizations, include a copy of the signed that outlines the responsibilities of each party and the effective dates of the agreement. 18 10 April 20, 2005 Dept. of Criminology, Sociology and Geography Arkansas State University P.O. Box 2410 State University Arkansas, 72467-2410 Phone: (870)-972-3705 fax: (870)-972-3694 grussell@astate.edu EDUCATION: degrees: The University of Georgia, (Athens, Georgia), Ph.D., Department of Political Science, Dec. 1991. The University of Akron, (Akron, Ohio), M.A. Department of Political Science, December, 1987. The University of Akron, School of Law, (Akron, Ohio), J.D., June, 1974. Mount Union College, (Alliance, Ohio), B.A. in Political Science, Philosophy Minor, June, 1971. dissertation: Support for the Death Penalty, Death Certification, and Systematic Bias Test of Supreme Court Assumptions. major professor: Dr. Susette Talarico EMPLOYMENT: academic: August 15, 2002 to Present: Arkansas State University, Jonesboro, Arkansas Assoc. Prof., Dept. of Criminology, Sociology, and Geography Director, Program in Criminology June 24, 1996 to August 15, 2002: Washington State University, Pullman Assoc. Professor Department of Political Science/Criminal Justice Program Director, Criminal Justice Program, 1996-2001 Tenured effective Aug. 15, 1999 Dept. Coordinator, Criminal Justice Distance Degree Program, 1998-2001 August 22, 1990 to May 24, 1996: California State University, Chico. Promoted early to Associate Professor of Political Science beginning Fall 11 1992, granted early tenure, beginning Fall 1993. Assistant Professor 1990- 1992. Coordinator of the Criminal Justice Program, August, 1993 to May, 1996. September 1, 1986 to June 30, 1990: Georgia College (nka Georgia college and State University), Milledgeville, Georgia Assistant Professor of Political Science and Criminal Justice September 1, 1986 to June 30, 1990; Coordinator of Criminal Justice Program, September 1986 to September 1988. Coordinator of Legal Assistant Studies Program in LAS), Sept. 1987 to June 1990. Coordinator of the Georgia Public Safety Residence Center (An academic consortium of the University System of Georgia) , July 1987 to June 1990. August 1982 to June 1983: The University of Akron. Graduate Teaching and Research Assistant; survey research interviewer, Department of Political Science refereed articles: 2002 \u201cImplementing by Groping Along Case Study in Program Evolutionary Implementation.\u201d Ellen C. Lemley and Gregory Russell, Justice System Journal, 23 (2):157-190. 1999. Gregory D. Russell and Susan MacLachlan, \u201cCommunity Policing, Decentralized Decision Making and Employee Satisfaction\u201d Journal of Crime and Justice, 22(2): 31-34. 1998 Gregory D. Russell and Robert Waste\u201cThe Limits of Reinventing Government\u201d The American Review of Public Administration, 28(4):325-346. 1998. Gregory D. Russell and Ellen C. Lemley, \u201cRace and Punishment,\u201d Law Studies, 22(1):23-29 1997. Gregory D. Russell. \u201cThe Political Ecology of Police Reform\u201d, Policing: An International Journal of Police Strategies and Management, 1997, Vol. 20(3): 567-589. 1997. Gregory D. Russell. \u201cCriminal Justice Research and International Paradigms: Neoliberal Institutionalism, Regimes and Emerging Structures\u201d, Vol. 7, 1997: 113- 129, International Criminal Justice Review. 1994. Gregory D. Russell. \"Liability and Criminal Justice Management: Resolving the Dilemma and Meeting Future Challenges\", 1994. American Journal of Criminal 12 Justice, 18(2, Spring):177-197 1990. Gregory D. Russell. \u201cChanging Assumptions and U.S. Troops in Europe: Containment or Withdrawal\u201d.Southeastern Political Review, 18(1):81-120, Spring 1990. published books: 2005 Law Enforcement in the United States, Second Edition, by Drs. Rebecca Paynich, Terry Gingerich, James Conser, and Gregory Russell; Jones and Bartlett Publishers. Expected publication date, Spring, 2005. First edition by Conser and Russell. Paynich and Gingerich, former doctoral students of Russell. 2000. James Conser and Gregory D. Russell, Law Enforcement in the United States, Aspen Press. 1994. Gregory D. Russell. \u201cThe Death Penalty and Racial Bias: Overturning Supreme Court Assumptions\u201d, Greenwood Press, 1994, Volume 75 in Contribution to Legal Studies series. published book chapters: Police and Corrections Systems of the United States (2005) Co-authored with Asst. Prof. Ellen C. Lemley, Arkansas State University, and James Conser, Prof., Youngstown State University , a chapter for the World Encyclopedia of Police Forces and Correctional Systems, Gale Press. An assessment of the policing and criminal justice systems of the United States, all 50 states, and the 20 largest cities and counties in the United States. 250 pages in text, approximately equal contribution. text materials: 2003. Gregory D. Russell. Instructor\u2019s Manual, Reid, Criminal Law, 6th Edition, McGraw-Hill. 2003. Gregory D. Russell, Web content for Cyber Justice page by McGraw-Hill intended as study materials for students using Reid, Criminal Law, 6th Edition. Articles under Review: 2005. Police Agency Accreditation and Community Policing: Neutral or Interactive Concepts? under review with Policing: An International Journal of Police Management and Strategies, co-authored with Dr. Terry Gingerich, Asst. Prof., Western Oregon University. Books under Review: 2005 (expected publication date, Fall). \u201cReinventing Public Administration\u201d Wadsworth Publishing. Joint work with Rebecca Allen, Steven Stehr, David Nice, Ellen Lemley, Art McCurdy, Meredith Newman, Michael Gaffney, Lance LeLoup, and Vickie Clark. Initial draft of manuscript submitted to publisher and now undergoing final edit of third draft. Participation varies among authors. Russell responsible for six complete chapters, parts of two others, and supervision of editing. 13 Major text project. Third and final draft in editing stages. Currently 99% complete. The only task yet to be completed is to format the chapters so that each is constructed in the same manner. works in progress: books: Courts and Criminal Justice Behavioral and Institutional Perspective, book project co-authored with Prof. Ellen C. Lemley, under contract with Roxbury Press, expected submission of final manuscript in Dec. of 2005. Publication in the following spring. Approximately 10% complete. Proposal submitted summer of 2003. Contract awarded Fall, 2003. Democracy and Community Justice: Are the Goals Compatible? (working title). Book project which will compare theories of democracy to theories of community based justice. Comparing the latter to the New Public Management, Refounding, and traditional theories of democratic administration and accountability, the book raises the question as to whether community based justice models, as currently designed, are compatible with traditional constitutional democracy and the rule of law. Co-authored with Ellen C. Lemley, an assistant Professor at Arkansas State University. Publisher not yet determined. Papers and book chapters: Criminological Theory and Crime Policy Agenda Setting paper being prepared for submission, co-authored with Dr. Rebecca Allen, Asst. Prof. Minot State University . The paper examines the factors which make crime policy peculiar in American Politics and makes suggestions for theory that could provide the basis of good policy. 75% complete, contribution is 50% each. Restorative Justice and Racial Bias. The paper, co-authored with Dr. Rebecca Allen, Asst. Prof. Minot State University examines the essential aspects of restorative justice and argues that this model of non-retributive justice is more likely to exhibit racial bias in its outcomes than the current retributive system. Will be submitted to Criminal Justice Policy Review. Contribution is approximately 65% Allen, 35% Russell. About 75% complete. Accreditation and Community Policing. This project, part of the doctoral research by Dr. Terry Gingerich , Asst. Prof. Western Oregon University, is an attempt to directly test the Cordner hypothesis that accreditation and community policing are unrelated (i.e., the former is neither hostile to nor supportive of COP). In a survey of all Washington State law enforcement agencies (70% response rate) employing a modified snowball procedure with a total of 530 (to date) we examine self-reported behaviors associated with the two notions robust data set suggests from early analysis important findings. The first paper (of many) from this study is under review and it will serve as the foundation for an expected or grant. Published studies: 2000. Ellen C. Lemley Gregory D. Russell, and Mike Erp, Fourth Quarter/Second Year and Final Evaluation of the Community and Restorative Justice Project in 14 Spokane Washington. Presented July 1, to the Washington Department of Corrections and the Washington State Law and Justice Advisory Council for the first quarter of the second year of the project grant. Data analysis shows success in reducing recidivism and changing attitudes of offenders. 2000. Ellen C. Lemley Gregory D. Russell, and Mike Erp, Third Quarterly-Second Year Evaluation of the Community and Restorative Justice Project in Spokane Washington. Presented March 1, to the Washington Department of Corrections and the Washington State Law and Justice Advisory Council for the first quarter of the second year of the project grant. Data analysis shows success in reducing recidivism and changing attitudes of offenders. 2000. Ellen C. Lemley Gregory D. Russell, and Mike Erp, Second Quarterly- Second Year Evaluation of the Community and Restorative Justice Project in Spokane Washington. Presented January 1, to the Washington Department of Corrections and the Washington State Law and Justice Advisory Council for the first quarter of the second year of the project grant. While the first year study was largely an implementation (process) study, this evaluation was the first to examine outputs. 1999. Gregory D. Russell, Ellen C. Lemley, and Mike Erp. First Quarterly-Second Year Evaluation of the Community and Restorative Justice Project in Spokane Washington. Presented October 1, to the Washington Department of Corrections and the Washington State Law and Justice Advisory Council for the first quarter of the second year of the project grant. While the first year study was largely an implementation (process) study, this evaluation was the first to examine outputs. 1999. Gregory D. Russell, Ellen C. Lemley, and Mike Erp. Fourth Quarterly Evaluation of the Community and Restorative Justice Project in Spokane Washington. Presented July 1, to the Washington Department of Corrections and the Washington State Law and Justice Advisory Council for the fourth quarter of the project grant 1999. Gregory D. Russell, Ellen C. Lemley, and Mike Erp. Third Quarterly Evaluation of the Community and Restorative Justice Project in Spokane Washington. Presented April 5, to the Washington Department of Corrections and the Washington State Law and Justice Advisory Council for the third quarter of the project grant 1999. Gregory D. Russell, Ellen C. Lemley, and Mike Erp. Second Quarterly Evaluation of the Community and Restorative Justice Project in Spokane Washington. Presented Jan. 5, to the Washington Department of Corrections and the Washington State Law and Justice Advisory Council for the second quarter of the project grant. 1998. Gregory D. Russell, Ellen C. Lemley, and Mike Erp. First Quarterly Evaluation of the Community and Restorative Justice Project in Spokane Washington. Presented Oct. 1, to the Washington Department of Corrections and the Washington State Law and Justice Advisory Council for the first quarter of the project grant. 1998. Gregory D. Russell and Michael Dunbaugh . Adopting to Your Agency, a written presentation for the Western Regional Institute for Community Oriented Public Safety (WRICOPS), a partner, April, 1998; Dunbaugh is the Chief of the Santa Rosa Police Department. 15 1988. Ellen C. Lemley and Gregory D. Russell 3rd charges in Spokane County Data Analysis and System Design, a study presented to the Community Justice Committee in Spokane in preparation for a restorative justice grant application with the State of Washington. Co-authored by Ellen C. Lemley, graduate student. 1997. Gregory D. Russell. Restorative Justice and Decentralized Community Corrections, a literature review presented to the Washington Department of Corrections (Jack Brucick, Spokane Unit) in anticipation of administrative planning for large scale implementation of a plan in that division. 1997. Gregory D. Russell, Nicholas P. Lovrich, Michael J. Gaffney, Arthur H. McCurdy Untaxed Goods in Commerce: Tax Evasion in the State of Washington, a study prepared for the Washington State Highway Patrol under terms of a grant to study tax fraud in the State of Washington. Report was summarized in testimony to the State Legislature. The study examined the investigative approaches to policing untaxed or smuggled goods, sources and likely amounts of those goods and recommended policy initiatives, including the training of all non-sworn investigators in state government. 1996 Gregory D. Russell Implementation in Chico PD: Report to Chief Michael Dunbaugh, April. published book reviews: 2003: Review for the Journal of Contemporary Criminal Justice, 19 (2, May), of Policing in America Balance of Forces, 3rd Edition, by Robert H. Langworthy and Lawrence f. Travis, III. Prentice Hall, Upper Saddle River, NJ, 2003. 2002: Review for Journal of Contemporary Criminal Justice 19 (1, February): 147-149, of Death Watch Death Penalty Anthology, by Lane Nelson and Burk Foster, Prentice Hall, 2001. 2001: Review for Police Quarterly, 4(4, Dec.):487-489, of Street-Level Leadership: Discretion and Legitimacy in Front-Line Public Service, by Janet Coble Vinzant and Lane Crothers, Georgetown University Press. 2001: Review invited by The Justice System Journal (Volume 22, Issue 3, Fall) of Transforming the Law: Essays on Technology, Justice and the Legal Marketplace, by Richard Susskind., Oxford Press. 1998. Review invited by Congress and the Presidency Journal of Capital Studies, of The tides of Reform, by Paul Light. 1995. Review requested by the Southeastern Political Review, 23 (3, September) 541-544,, of \"Appointment of Judges: The Johnson Presidency\", McFeeley, U. of Texas Press. 1994. Book review requested by and published in the Fall Newsletter, Policy Currents, of \"Deregulating the Public Service: Can Government Be Improved?\" by John J. DiIulio, Jr., Ed. Newsletter of the Policy section of the American Political 16 Science Association. 1992. Book review (at the request of the Policy Studies Section of the American Political Science Association) published in the Fall 1992 Newsletter, Policy Currents, of \"Against Excess: Drug Policy for Results\" by Mark Kleinman, Basic Books,. Newsletter of the Policy section of the American Political Science Association. 1992. American Political Science Review, 86(2):530-531,. Review at the invitation of the of: \u201cCourts, Corrections and the Constitution\u201d, by DiIulio, Editor; \u201cNo Escape\u201d, by DiIulio; \u201cThe Scale of Imprisonment\u201d, by Zimring and Hawkins; and \u201cJails\u201d, by Zupan GRANTS: research: Research Grants and Consultant Awards: 1998 - 2001 Washington State Law and Justice Council and the Washington Department of Corrections, with Ellen C. Lemley and Michael Erp. Grant budget line of $5,000 per first two fiscal years, $7,000 for year three, to evaluate the implementation and impact of a project to develop a community based offender program in Spokane Washington involving police, courts, corrections, and volunteer personnel. 1996-1997 Washington State Patrol Untaxed Goods Study Co-Principle Investigator with Dr. Nicholas Lovrich in a grant from the Washington State Highway Patrol to study the degree of harm resulting from and likely methods of prevention of tax evasion in the state of Washington as a result either of diversion of products from the normal streams of commerce (such as diesel fuel) or the smuggling thereof into the state in order to avoid payment of state sales and excise taxes. Grant total was $100,000 producing a report, Untaxed Goods in Commerce: Tax Evasion in the State of Washington. 1996 Grant incentive award, Dean, College of Behavioral and Social Sciences, California State University, Chico. $2,500 1993-1994 California Department of Corrections: Leadership Institute Lead consultant and primary author for the Center for Regional and Continuing Education, California State University, Chico, under a grant from the California Department of Corrections to create and implement an elite executive leadership and management institute for senior executives of the department including deputy directors, wardens, and program directors. Total five year funding by is over $850,000. Institute was initiated in the Fall of 1994 with David Kalinich selected to direct the institute. Awards: Nominated for Advising Award, Arkansas State University. Nominated by student for advising award Spring, 2003. 17 Chair\u2019s Recognition Award, 2001 Special award from Department Chair for service as Director of Criminal Justice from 1996-2001, Washington State University. Faculty Appreciation Award: Excellence in Mentoring and Advising, 1999, 2000. Yearly award from Department\u2019s Graduate Students (all) for Mentoring and Advising of graduate students and for graduate committee service. Outstanding Faculty Award, Alpha Phi Sigma, Washington State University: 1997, 1999. Yearly award from the Criminal Justice Honor Society, Alpha Chapter, presented to the professor chosen by the students (Undergraduate and graduate) as the outstanding faculty for the year. Two national awards for my Extended Degree Criminal Justice 150 Course at which was co-produced by a director from the media section of the office of distance degree programs. 1998: First Place, Aegis Awards 1998: Honorable Mention, The Communicator Awards graduate study awards: Pi Sigma Alpha: 1983, the University of Akron, Alpha Alpha Chapter. Founding Advisor, Chapters at Georgia College and State University, California State University, Chico Brachton\u2019s Inn: Awarded for Moot Court performance, 1974. The University of Akron, School of Law. papers presented: Police Agency Accreditation and its Relationship with Community Policing in Washington State Perspective from Street Cops to Management Cops. Paper presented on November, 18, 2004 at the meeting of the American Society of Criminology in Nashville, TN. Justice and Democracy: Is community based justice \u201cmore\u201d democratic? Paper presented on November 17, 2004 at the meeting of the American Society of Criminology in Nashville, TN. Theories of Community Justice and Theories of Democracy: Harmony or Conflict? Paper given as part of a Brown Bag series within the College of Humanities and Social Sciences, November 12, 2004. Designing and Implementing an Adult Restorative Justice Program: 18 Hopeful Beginnings and Bureaucratic Resistance Ellen C. Lemley and Gregory Russell, presented at the Western and Pacific Association of Criminal Justice Educators annual meeting, Sacramento, Ca., Oct. 2000, and annual meeting, American Society of Criminology, San Francisco, Ca, Nov. 2000. Implementing by Groping Along Struggle in Program Evolutionary Implementation. Ellen C. Lemley and Gregory Russell, presented at the Western and Pacific Association of Criminal Justice Educators annual meeting, Sacramento, Ca., Oct. 2000, and annual meeting, American Society of Criminology, San Francisco, Ca, Nov. 2000. The New Justice Paper presented at the annual meeting of the American Society for Public Administration, at San Diego, CA., March 30-April 3, 2000.. Defining and Implementing Restorative Justice: An Analytical Perspective Paper presented with Ellen C. Lemley at the annual meeting of the Academy of Criminal Justice Sciences at Orlando, FL, March 1999. Implementation of and Decentralization: Temporal Ordering of Reforms Paper co-authored with Chief Michael Dunbaugh, Santa Rosa Police Department, for the annual meeting of the Academy of Criminal Justice Sciences, Albuquerque, NM, March, 1998. Implementing Restorative Justice: An Evaluation of Program Design Effectiveness in Decentralization Efforts. Paper co-authored with Ellen Lemley and Susan MacLachlan, Washington State University, Program in Criminal Justice, for the annual meeting of the Academy of Criminal Justice Sciences, Albuquerque, NM, March 1998, entitled Simon\u2019s Proverbs Revisited: Community Policing and Organizational Design. presented at the Annual Meeting of the Academy of Criminal Justice Sciences, Gault House Hotel, Louiseville, KY, March, 11-15, 1997. The Limits of Reinventing Government presented at the 1996 meeting, San Francisco Hilton and Towers, August, 1996, co-authored with Dr. Robert Waste. Public Administration and the Limits of the Reinventing Government Dialogue: Reinvention, Refounding and the Modern Administrative State. presented at the meeting in Atlanta, June 1996 co-authored with Dr. Robert Waste. Community Policing as Reform Test of Competing Models, presented at the Annual Meeting of the Academy of Criminal Justice Sciences, at the Riviera Hotel, Las Vegas, Nevada, March 12-16, 1996. Co-authored with Ms. Susan MacLachlan (BA, 1995, CSUC). Teaching Criminal Justice Policy Evaluation: Forecasting, Evaluation and Strategic Planning for Criminal Justice Seniors, presented at the Annual Meeting of the Western and Pacific Association of Criminal Justice Educators, at the Reno, Hilton, Reno, Nevada, November 15-18, 1995. Law Enforcement Reform: Integrating Community Policing and Traditional Models, presented at the Annual Meeting of the Western and Pacific Association of 19 Criminal Justice Educators, at the Reno, Hilton, Reno, Nevada, November 15-18, 1995. Co-authored with Ms. Susan MacLachlan (BA, 1995, CSUC). Criminal Justice Research and International Paradigms: Neoliberal Institutionalism, Regimes and Emerging Structures, presented at the Annual Meeting of the American Society for Public Administration, Marriott Riverwalk Hotel, San Antonio, Texas, July 22-25, 1995. The Politics of Training: The Theory-Training Nexus in Law Enforcement and Corrections, presented at the Annual Meeting of the Western Political Science Association, March 16-18, 1995, Hilton Hotel, Portland , OR. The Political Ecology of Police Reform, presented at the Annual Meeting of the Academy of Criminal Justice Sciences, March 7-11, 1995, Park Plaza Hotel, Boston, MA. The Effects of Police Civilian Review Boards: The Ecology of Police Reform, Research Symposium of the Sector of Public Administration Research and Theory of the American Society for Public Administration, University of California, Berkeley, presented at the Annual Meeting of the American Society for Public Administration, July 19, 1993. Support for the Death Penalty, Death Certification, and Systematic Bias Test of Supreme Court Assumptions, presented at the Annual Meeting of the Southern Political Science Association in Atlanta, Georgia, November 1992. Good Management and Management Liability as a Growing Dilemma: An Academic Resolution for the Trainer, Paper presented at the annual meeting of the Academy of Criminal Justice Sciences, Pittsburgh, Pennsylvania, March 1992. Implementation Theory in Multi Actor Systems Test of the Conventional Wisdom, presented at the annual meeting of the American Political Science Association, Washington DC, August 1991. Implementation in a Multi Actor System: Further Test of the Conventional Wisdom in Public Safety, Paper presented at the annual meeting of the Georgia Political Science Association, Savannah, Georgia, February 1990. Containment Revisited, Paper presented at The International Studies Association/South and the Southern Political Science Association Joint Meeting, Atlanta, Georgia, November 1988. The Death Penalty: Need for Constitutional Reform, Paper presented at the annual meeting of the Georgia Political Science Association, Savannah, Georgia, February 1987. Air-Land Battle: The Nuclear Issues, Paper presented at the Southern Political Science Association and International Studies Association/South joint Meeting, Atlanta, Georgia, November 1986. conference 20 service: Panel Chair at the American Society for Criminology annual meeting, November 17, 2004, Nashville, Tenn. Organized two panels on the Trends in Policing and Trends in Community Justice for the annual meeting of the American Society for Public Administration, Washington DC, March, 2003. Organized and Chaired two panels at the annual meeting of the Western and Pacific Association of Criminal Justice Educators, at Sacramento, CA, Oct. 2000. Panel Member, Midyear meeting of the Police Administration Committee of the International Association of Chiefs of Police, joint meeting with Police Section of ACJS, at annual meeting of ACJS, Orlando, FL, March, 1999. Panel member (invited), Panel on Highway Tax Evasion, Council of State Governments, San Francisco, Aug. 23, 1997, annual western conference. Presenter, \u201cCriminal Justice and Health Research\u201d at May 22, 1997 conference, \u201cInterdisciplinary Research on Community and Health\u201d at WSU-Spokane. Member, Program Committee for the 1997 National Conference. Chaired panel and served as discussant for Panel on Community Policing Emerging Issues, Academy of Criminal Justice Sciences, March 11-15, 1997, Louisville, KY, Gault House Hotel. Organized Mobile Workshop for the conference in Atlanta, June 29, 1996 which included a tour, luncheon and presentations at the Georgia Public Safety Training Center south of Atlanta. Served as Chair and Discussant for a panel at the Annual Meeting of the Academy of Criminal Justice Sciences, Las Vegas, Nevada, March, 1996, on the topic Public Attitudes Towards Female Police Officers. Served as panel chair for panel on New Wave Methods in Evaluation, at the Trinity Research Symposium, Trinity University, July 23, 1995, San Antonio, Texas (in conjunction with conference, this work- shop was the second in a series organized by W. George Frederickson). Served as Discussant for Panel on Networking in the Public Sector at the Annual Meeting of the Western Political Science Association, March 16-18, 1995, Hilton Hotel, Portland , OR. Served as Panel Chair for a panel on Recent Developments in the Law of the Death Penalty, at the Annual Meeting of the Academy of Criminal Justice Sciences, March 7-11, 1995, Boston Plaza Hotel, Boston, MA. Served as Panel Chair for a panel on Administrative Control: Politics versus Bureaucracy - In Theory and Practice, at the Annual Meeting of the Western Political 21 Science Association, March 10-12, 1994, Doubletree Hotel and Convention Center, Albuquerque, NM. Served as Panel Chair and Discussant on Policy Implementation and Impact, Annual Meeting of the Southern Political Science Association, November 3-8, 1993, Savannah, Georgia. Organized and Chaired two panels at the annual meeting of the Academy of Criminal Justice Science in Pittsburgh, Pennsylvania, March 1992, on the subjects of the merger of criminal justice training and education. Symposium on Drugs in America. Panel Participant, Panel on Solutions, School of Arts and Sciences Spring Symposium, May 1990, Georgia College. Governor's Conference on Justice. Conference Participant. Milledgeville, Georgia, December 1989. \u201cPublic Policy\u201d Panel Chair, Georgia Political Science Association, Savannah, Georgia, February 1989. \u201cPanel on the Death Penalty\u201d. Panel Chair, Conference on The Constitution, University Center on the Constitution, Emory University School of Law, Atlanta, Georgia, January 1989. non-academic employment: January 1984 to June 30, 1986: Municipal Attorney (Department Head) with the following duties: Criminal Prosecution (Felony and Misdemeanor) Police In-Service Training Municipal Commissions, civil litigation, bond work, and legislation. November 1974 to December 1983: Private Law Practice, State of Ohio (currently voluntary inactive status, Ohio Supreme Court, Office of Attorney Registration). June 1971 to November 1971: Mahoning County Community Action Council (Youngstown, Ohio) Youth Counselor and Office Coordinator for target grant program SERVICE: referee: Police Quarterly (two articles in 2000) Justice Systems Journal (two articles in 2000; one in 2003) Policy Studies Journal (one in 1994) Political Research Quarterly (one in 1996) Criminal Justice Policy Review (one article in 2001, two in 2002, two in 2003, one in 2004) Journal of Criminal Justice Education (one article in 2003) 22 editorial board: Criminal Justice Review 1995-1999 Criminal Justice Policy Review 2001-2005 World Encyclopedia of Police Forces and Correctional Systems, 2nd Edition 2003 - 2005. editor: The Key, newsletter of the Section on Criminal Justice Administration, American Society for Public Administration, Spring 1992 to Summer 2004. section officer: Immediate past-chair, Section on Criminal Justice Administration, American Society for Public Administration, 2004 - 2006 (committee chair duties). Chair of the Section on Criminal Justice Administration of the American Society for Public Administration, 1995-1996; 1999-2000, 2001-2004. Member of Executive Committee: Section on Public Administration Research and Theory 1996-1998; Section on Criminal Justice Administration 1998-1999, 2000-2004 committee member: Member of the Policy Issues Committee of the American Society for Public Administration, 1995-1999. Member of the Police Administration Committee of the International Association of Chiefs of Police, 2000 - present judge: Served as chair of a panel of three judges for the 1996 Section Newsletter Awards. manuscript reviewer: Wadsworth Publishing 2004, Essentials of Criminal Justice 4th Ed., Senna and Siegel 2001, Crime and Punishment History of the Criminal Justice System, Wadsworth 2000, Criminal Justice in America, 2nd Ed. , Cole and Smith 2000, Policing, unknown author(s) 2000, Criminal Justice, developmental review, authors unknown 1998, Criminal Justice in Action, author unknown; 1996, Criminal Justice in America Critical Approach, developmental review 1995: The Color of Justice, Walker, Spohn and DeLone, full manuscript review. Prentice-Hall 2000 Introductory Statistics for Criminal Justice and Criminology, Proctor Harcourt, Brace, 1996, August: The Craft of Legal Reasoning, by Brian Porto; 23 1993, Public Administration, a developmental review, author unknown. Longman Publishing, 1994 reviewed new edition of Peters, The Politics of Bureaucracy. . D. C. Heath, 1994, a new American Government Text (author unknown). St. Martin\u2019s Press, Summer 1991; Fall 1991; Fall 1992 (Various developmental reviews) West Publishing Co., 1990 Samaha\u2019s Criminal Law 2000 Samaha\u2019s Criminal Justice McGraw-Hill, 2002, Criminal Law 6th Edition, by Sue Titus Reid, McGraw-Hill 2000 Reid Criminal Law Roxbury Publishing 2002, The American Legal System, Melone and Karnes 2004, Criminal Justice Policy Making, Israel, Prospectus review consultant: Seattle Municipal Court, December 2000, preparatory discussion to grant for the study of their drivers license restoration program and their auto seizure policy. Western Regional Institute for Community Oriented Policing; conference presenter and trainer, April, 1998. California Commission on Peace Officer Standards and Training, Spring, 1992 to 1996: April 1992, April 1993, and April 1994 Command College Consultant annual program review. Command College and Executive Training Review panel Study; a three day closed national symposium on executive training, and assessment of current offerings, Sept. 1992, Sacramento CA. California Command College (Independent Study Project) Consultant, Spring 1992 to 1996 (similar to thesis advisor). Chico Police Department, Chico, California Chairperson for the Chico Juvenile Issues Task Force, Fall 1995-June 1996, an emerging community consortium of non-profit organizations, citizen groups and law enforcement personnel intending to develop a broad-based effort to put into place multiple plans to divert youth from violence, gang involvement and related issues. Served on Lieutenant Candidacy Assessment Center Panel, 1992 Georgia Public Safety Training Center, Forsyth, Georgia. July 1987 to 1990. 24 July 1987 to June 1990-coordinated all research and training provided by University System faculty at the Center. Position title was Coordinator, Georgia Public Safety Residence Center. This involved supervision of all executive management and supervisory course design and related research by faculty of the University System of Georgia. Course offerings were for executive development programs in all public safety areas, including police, state police, fire, EMS, corrections, fish and game. Authored and delivered course materials on executive and management liability in public safety. Certified by the Georgia Peace Officer Standards and Training Council as an instructor, Executive and Management Liability. Expert witness testimony: 2002-05 Expert witness in Hunt v. Whitman County (WA), wrongful death in a lethal officer involved shooting of a suicidal man. Will testify sometime in 2003 or 2004. Issued formal report in the fall, 2003, with a deposition scheduled for Feb. 2004. Witness for the family of the plaintiff. 1999 Expert witness, Hearren v. Spokane County District Court for the Eastern District of Washington, March and December. Qualified as Expert in Police Management and Operations. Testified for successful Plaintiff. Served as State\u2019s witness in Motion for Change of Venue. Butte County , CA, April of 1996 Mike Ramsey, Attempted Murder Case, Venue Change Denied, State v. Bart Ellis Served as Defense witness in Death Penalty case, State v. Hightower, in Baldwin County Ga., April, 1988, subject was challenge to racial make-up of Jury pool MEMBERSHIPS: Academy of Criminal Justice Sciences Sections: Police American Society of Criminology American Society for Public Administration Sections: Criminal Justice Administration Public Administration Research and Theory International Association of Chiefs of Police (Associate Member) Police Administration Committee Public Management Research Association Washington Association of Sheriffs and Police Chiefs 1997-2001 Accreditation Review Committee, Member 1999-2001 Southwestern Criminal Justice Association SERVICE: Chair, Pullman Police Advisory Committee, member 1996-1997; Chair 1998-2000 Committee which serves as a public forum for voicing concerns 25 Regarding police performance and behavior, including making recommendations to the Chief and command staff as well as hearing public complaints. Resigned effective January, 2001. Member Investigative Study Group, Fall 1997. Group assembled by the Washington State legislative to study and report back to the legislature and governor regarding the need for training of investigators (non-sworn law enforcement) currently employed in state agencies, particularly when the nature of the investigation might extend to criminal procedures. Co-chaired by the State Attorney General and Chief of the State Patrol. Chair of Chico Area Task Force on Youth and Gang Violence, 1995-6, sponsored by Chico Police Department. This emerging organization was created to respond to a sharp increase in juvenile related violence in the community and recent gang activity including shootings. The effort involves members of the school board, county supervisors, office of the sheriff, city council, and dozens of community organizations. The target of the campaign is to create volunteer approaches to prevention of youth violence. It incorporates everything from peer counseling to alternate dispute resolution in the community, from employment to training and education. The activities will include multiple grant applications in partnership with the University. Member of the Butte County Juvenile Justice and Delinquency Prevention Commission which oversees the operation of Juvenile Hall, Juvenile Probation and Juvenile Court policy in Butte County, CA.1995-6 Alliance Area Development Corporation. Member of the Board of Directors of non-profit community development corporation certified by the Department of Housing and Urban Development as a Community Investment Corporation (issuer of IDRBs, and grants, bonds, etc.)1984-1986. Alliance Area Visiting Nurses Association Member of the Board of Directors, Vice President, and President (2 terms) of community home health care agency with seven figure budget, 1980-1984. Reentry Inc. Member of the Board of Directors of a large county mental health agency, 1977-1980 SERVICE: Graduate Student Committees: 2002 - 2003 While at Arkansas State University: Chair, Dissertation Committee of Dr. Terry Gingerich, defended November, 2002, at Washington State University Chair, Dissertation Committee of Dr. Rebecca Allen, Chair, defended May, 2003 at Washington State University 26 Member, Dissertation Committee of Dr. Lucy Hockstein, defended August, 2002, at Washington State University 1996 - 2001 Washington State University At Washington State University, chaired over 50 Master of Arts in Criminal Justice Committees, member on approximately 30 others. Chair of four doctoral preliminary examination committees, member of three others, and member of three dissertation committees defending between 1997 and 2000. 1990 - 1996 California State University, Chico Chaired approximately 30 thesis committees, member of approximately 20 others. 1986 - 1990 Georgia College Chair or member of approximately 15 committees. Arkansas State University: Director, Program in Criminology, 2002 - current University Committees: Member, Enrollment Management Task Force 2004 - Member Enrollment Management Committee 2003 - current Member Research Advisory Committee Representative, 2003 - current Perkins Advisory Committee 2002 - current Member, Strategic Planning Task Force on Graduate Education and Research 2003 - College Committees: College Appeals Committee 2002 - 2003 Departmental Committees: Department Graduate Committee, 2002 - current Chair Faculty Search Committee 2002-2003 Successfully hired Dr. Doris Chu Chair, Department Technology Committee 2003 - current Co-Liaison to Political Science for concentration in Justice Administration in degree 2002 - current, and creation of Graduate Certificate in Criminal Justice, approved in the Spring of 2004. 27 Chair of Committee to develop in Criminal Justice 2004 - current; proposal going forward in late November. Department Executive Committee 2003 - current Department Curriculum Committee 2003 - current Department Evaluation Committee 2003 - current Washington State University: Mentor, McNair Undergraduate Scholar (\u201cGela\u201d Maria Angelica Mendoza Baez, now a graduate student at Florida Atlantic in Forensic Science, pursing a Ph.D. in Forensic Science), Spring - Summer, 2001; student is continuing research with us on forensic profiling. Member, Curriculum Development Committee in Leadership, 2000-2001 Institutional Representative of to Camp Challenge, Ft. Knox, July 2000 Member, University Extended Degree Program Advisory Committee 1998-2001 Member Dean\u2019s Leadership Council 1999-2001 Member, Provost\u2019s Task Force on Academic Excellence 1999-2000 Member, Ad Hoc Task Force on Greek Learning and Living Environments, 1999-00 Chair, Department Faculty Search Committees: Criminal Justice Searches, 1997, 1998, and 1999, member, 2000. Parliamentarian, Faculty Senate, 1997-1998; member, 1999-2001. Director, Criminal Justice Program, Department of Political Science 1996-2001. Coordinator, Department of Political Science / Criminal Justice Program, Extended Degree Program, 1998-2001 by distance learning). Member, Department Graduate Studies Committee 1996-2001. Member, Department Computer Committee, 1999-2001. Tier University Writing Portfolio Grader, Fall 1997-2000; Tier grader, 1998-1999. Department Peer Advising Mentor 1997-1998 Hosted Fulbright Scholar in summer of 1998, serving as Faculty Associate. Football recruiting on multiple Saturday sessions, in 1997, 1998, 1999, and 2000. 28 CSU, Chico: Member of the Political Science Department's Student Committee, 1990-1995, Chair, 1991-1995. Member of the Political Science Department's Public Administration Committee, 1990-1996. Member of the Political Science Department\u2019s Graduate Committee, 1995-1996. Chair of Department Assessment Committee, 1992-1993. Member of the School of Behavioral and Social Sciences Scholarship Committee, 1991-1992, 1992-1993 (Chair, 1992). Elected Representative to the Academic Senate, 1992-1994; Committees: Student Policies Committee (Secretary, 1992-3; Vice-Chair, 1993-4) Sub-Committee on Racial Harassment Policy, Faculty and Student Policies Committee 1994 Sub-Committee Chair : Integration of Union Contract and Faculty Policies Manual, Faculty Senate Representative to the Community Affairs Council, a joint council of the University Associated Students and Municipality of Chico, 1991-1992; 1992-1993. Faculty advisor for the (Political Science Students Union) for 1991-1992; 1992- 1993. Volunteer for \u201cGetting Connected\u201d in August 1991,1992 and 1993. Program for incoming freshman to get acquainted with the campus. Member of the Graduate Studies Board, Social Sciences Panel, 1992-1995 Term Founding Faculty Advisor for Chapter of Pi Sigma Alpha, 1994-6. Founding Faculty Advisor for Criminal Justice Student Union, 1994-6. Georgia College: Chairman of the Chancellor\u2019s Academic Advisory Committee on Criminal Justice, University System of Georgia, 1989 to 1990; Vice-Chairman, 1988-1989; College Representative from 1986 to 1990, reporting directly to the Regents and Chancellor. Chairman of the Steering Committee of the Georgia Public Safety Residence Center. Steering Committee composed of the Chief Academic Officers of each of the five System campuses which composed the Residence Center, an off campus research and consulting center located in the Georgia Public Safety Training Center. This committee reported directly to the Chancellor.1987-1990. Member of University of Georgia System-Wide Assessment Task Force 1989-1990. 29 College Pre-law advisor, 1989-1990 Search Committee Chair: 1989-1990, Department of Government and Sociology. School of Arts and Sciences Representative to the College Committee on Grievances, 1988-1990. Founding Faculty advisor of Rho Mu chapter of Pi Sigma Alpha, 1990. Faculty Senate, 1988. Member of the President's Committee on Buildings, 1989-1990 and President's Committee on the Performing Arts, 1986-1987 Founding Faculty Advisor to Law and Society Association, 1990 Arkansas State University: Fall 2002 Crim 4703 Dept. Internships Crim 4103 Criminal Justice Systems Crim 6513 Seminar in Corrections (graduate) Spring 2003 Crim 4703 Dept. Internships Crim 4103 Criminal Justice Systems Crim 3223 Police and Society Summer 2003 Crim 4703 Dept. Internships Crim 4103 Criminal Justice Systems Crim 3223 Police and Society Fall 2003 Crim 4703 Dept. Internships Crim 4103 Criminal Justice Systems Crim 3223 Police and Society Spring 2004 Crim 4703 Dept. Internships Crim 4103 Criminal Justice Systems Crim 3223 Police and Society Summer 2004 Crim 3223 Police and Society Crim 2263 Criminal Evidence and Procedure Fall 2004 30 Crim 3223 Police and Society Crim 2043 Community Relations in the Administration of Justice Crim 2253 Criminal Investigation Washington State University: undergraduate: Summer 1996 CrmJ 330 Crime Prevention Policies Fall 1996; Spring 1997; Fall 1999; Spring, Fall 2000 CrmJ 150 Organizational Environment of Criminal Justice Fall 1997, Spring 1998 CrmJ 101 Introduction to Criminal Justice Spring 1998 CrmJ 420M The Law of Evidence and Criminal Procedure Summer 2002 Pols 340 Introduction to Public Administration graduate Fall 1996 CrimJ 530 Criminal Justice: Process and Institutions Spring 1997, Spring 1998, Fall 1998; Fall 1999 CrmJ 550 Planned Change in Criminal Justice Organizations Summer 1998 CrmJ 592 Issues in Criminal Justice: Guns, Gangs, Death Penalty, and Profiling Summer 1999 CrmJ 592/Pols 542 Issues in Criminal Justice/Pols 542 Pro- seminar in Administration, Justice and Applied Policy Studies: Implementation Theory and Criminal Justice Policy Summer 2000 CrmJ 592/Pols 542 Problem Definition in Criminal Justice Policy Making, Race, Guns, Punishment. Summer 2001 CrmJ 592 Issues in Criminal Justice/ Pols 542 Pro-seminar in Administration, Justice and Applied Policy: Research Applications in Criminal Justice and Political Science Spring 2002 CrmJ 540 / Pols 541 Program and Policy Evaluation Spring 1999, 2000, 2001,2002 CrmJ 570 Policing and Society distance degree program: Fall 1998-Spring 2001, CrmJ 150 (includes summer) (asynchronous) Fall 1999-Spring 2001, CrmJ 420 (includes summer) (web based) California State University, Chico: undergraduate: 1990-1996 265 Administration of Justice (Criminal Procedure 260A Introduction to Public Administration 150 Introduction to Criminal Justice 289 Internship in Criminal Justice/ Public Admin. 31 262 Organization Theory 264 Administrative Law 221A Introduction to Political Inquiry (Scope/Methods 259B Criminal Justice Policy graduate: 1991-1992; 1992-1993,1993-1994, 1994-1995 362 Seminar in Organization Theory 360A Seminar in Public Management 302 Public Administration and Democracy 380 Culminating Practicum (Thesis Class) Georgia college: 1986 - 1990 undergraduate 405 American Constitutional Liberties 468 Administrative Law and Politics 305 Criminal Law and Its Process 322 Probation, Parole, Diversion 342 Criminal Justice Administration (Criminal Procedure 352 The Juvenile Justice System graduate 505 American Constitutional Liberties 630 Administration of Justice 568 Administrative Law and Politics REFERENCES: University of Georgia: Susette Talarico Department of Political Science Baldwin Hall The University of Georgia Athens, Georgia 30602 1-706-542-2057 Other references available upon request. 32 2005 Department Of Criminology, Sociology, Social Work, and Geography Arkansas State University Box 2410 State University 72467-2410 Voice: (870) 972-3165 Fax: (870) 972-3694 E-mail: elemley@mail.astate.edu 1205 Chimney Chase Dr. Jonesboro (870) 935-2553 Ph.D. July 2004 Washington State University Research and exam fields: Criminal Justice; Public Administration; Criminological Theory Current 3.89/4.00 Criminal Justice December 1998 Washington State University Masters Essay: Restorative Justice: An operational statement of theory and proposed limited test June 1994 California State University Chico Major: Social Science Minors: Criminal Justice and Sociology Articles and Studies: Instructors Resource Manual For American Corrections 7th Edition. Thomson Learning. Summer 2005 publication date. \u201cAmerican Police and Corrections chapter in World Encyclopedia of Police Forces and Correctional Systems\u201d. George Kurian, editor. The chapter is approximately 250 pages and was co-authored with Gregory Russell and Jim Conser. Pulication date is spring 2005. 33 Lemley, Ellen and Gregory D. Russell (2002). \u201cImplementing Restorative Justice by Groping Along Case Study in Program Evolutionary Implementation.\u201d Justice Systems Journal 23(2): 157-190 Lemley, Ellen and Vicki Tate (In Press) \u201cReinventing the Public Policy Process and Co- Production\u201d in Reinventing Public Administration. Edited by Gregory D. Russell. In press, Wadsworth/West. Lemley, Ellen (2001) \u201cDesigning Restorative Justice Policy: An Analytical Perspective\u201d Criminal Justice Policy Review, 12(1): 43-65 Lemley, Ellen (Summer 2000) \u201cRestorative Justice and Implementation.\u201d The Key. Newsletter for Section of Criminal Justice Administration of the American Society of Public Administration. Volume 23(3) p. 3-5. Russell, Gregory D. and Ellen Lemley (1998) \u201cRace and Punishment\u201d Law Studies. Volume 22 (1) Fall p. 23-26 Research in Progress: Courts and Criminal Justice Behavioral and Institutional Perspective (working title) Contract with Roxbury publishing. Co-authored with Gregory D. Russell. The New Public Administration and the New Justice (working title). Book project which will compare theories of democracy to theories of community based justice. Comparing the latter to the New Public Management, Refounding, and traditional theories of democratic administration and accountability, the book raises the question as to whether community based justice models, as currently designed, are compatible with traditional constitutional democracy and the rule of law. Co-authored with Gregory D. Russell November 2000- $200 Travel Grant for Conference Participation awarded by the Department of Political Science May 2000- Scott and Betty Lukins Graduate Fellowship. Awarded by the Thomas S. Foley Institute of ($1000). January 1999- Nominated for the Harriet Riggas Outstanding Woman in Graduate Studies at the Master\u2019s Level. May 1999- Paul L. Beckett Graduate Fellowship ($1,000). Awarded by the Department of Political Science Second Place, Student Paper Competition. Western and Pacific Criminal Justice Educators Conference. Boise, Idaho November 5-8 1998. \u201cRestorative Justice: An Operational 34 Statement of Theory and Limited Test.\u201d(Selection by external professional referees). Outstanding Graduate Student 1997-1998 from Alpha Phi Sigma (Selection by Department Faculty Arkansas State University Instructor 2002- 2004 Assistant Professor 2004-present Fall 2004 Criminology 3813-01 Institutional Corrections Sociology 6513-01 Seminar in Corrections Criminology 4703 Supervised 6 internships in various agencies Summer 2004Criminology. 3193-01 Community Corrections Criminology. 3323-01 Juvenile Delinquency Criminology 4703 Supervised 8 internships in various agencies Spring 2004 Criminology 1023 Introduction to Criminal Justice (Instructor of record, but course was taught by Amanda Butts under my supervision) Criminology 3183 Institutional Corrections Criminology 3323 Juvenile Delinquency Fall 2003 Criminology 3193 Community Corrections Criminology 3323 Juvenile Delinquency Criminology 1023 Introduction to Criminal Justice Summer 2003 Criminology 3193 Community Corrections Criminology 3263 Criminology Spring 2003 Criminology 1023-01, 02 Introduction to Criminal Justice Criminology 3183 Institutional Corrections Fall 2002 Criminology 1023-01, 02 Introduction to Criminal Justice Criminology 3193 Community Corrections Washington State University Graduate Teaching Assistant 1998-2001 Independent sections Fall 2001 Criminal Justice 330- Crime Control Policies 35 Summer 2001 Criminal Justice 400M- Topics in Criminal Justice Summer 2000 Criminal Justice 424- Community Corrections The two summer courses were taught via the Washington Higher Education Telecommunication System (WHETS). This is a statewide system which allows delivery of university courses directly between electronic classrooms on campuses. The system is designed to be fully interactive with two-way video and audio allowing instructors to teach students simultaneously in various parts of the state. Through the use of video cameras, monitors, and voice activated microphones in the electronic classrooms, instructors see and hear students as they see and hear instructors. Spring 2000 Criminal Justice 101- Introduction to the Administration of Justice Fall 1999 Criminal Justice 101- Introduction to the Administration of Justice Spring 1999 Criminal Justice 365-Juvenile Justice and Corrections Fall 1998 Criminal Justice 365-Juvenile Justice and Corrections Support Graduate Teaching Assistant 1997-1998 Spring 1998- Criminal Justice 101- Introduction to the Administration of Justice Fall 1997- Criminal Justice 320- Criminal Law Grading Experience for the Extended Degree Program 1998-2001 (\u201cX\u201d indicates flex enrollment where students have 1 calendar year to complete the course. All other courses are semester based) Spring 1998-Summer 2000 Criminal Justice 101X- Introduction to Criminal Justice Spring 2000-Summer 2001 Political Science 340X- Public Administration Summer 2000- Redevelopment of Criminal Justice 101X with Bernadette Olson Fall 2000- Summer 2001- Criminal Justice 320 - Criminal Law Criminal Justice 330- Crime Control Policy Criminal Justice 405- Comparative Criminal Justice Criminal Justice/Women Studies 403- Violence Toward Women (co- graded with Bernadette Olson. Bernadette graded the written assignments while monitored the Speakeasy component of the web-based course. Duties included overseeing and interacting with students\u2019 postings on the web page) Guest Lecturer October 1996 Washington State University CrimJ 150 Lectured to undergraduate students about the dynamics of being a female in the criminal justice field and the importance of organizational theory and how it applies to the professional world. Book Reviews Summer 2000 Book review for Pearson Publications for an Introductory Text in Criminal Justice Summer 2003 Book review for Allyn Bacon Publishing for a Community Corrections Text January 2004 Book review for Allyn Bacon Publishing for a Community Corrections Text August 2004 Book review for Allyn Bacon Publishing for a Introduction to Corrections text 36 Peer Review of Journal Articles Reviewed article in Fall 2002 for Free Inquiry in Creative Sociology Reviewed article Spring 2003 for Free Inquiry in Creative Sociology Reviewed article Summer 2003 for Journal of Criminal Justice Reviewed article Spring 2004 for American Journal of Criminal Justice and Community and Restorative Justice Committee (CRJC): 2000-2001- $7,000 1999-2000- $5,000 1998-1999- $5,000 As a member of the evaluation team for the project for these years, my duties include, but are not limited to the following: collection, coding, entry, cleaning, and analysis of data, and co-authorship of quarterly evaluation reports. All evaluation reports are submitted to the Washington State Department of Corrections and the Washington State Law and Justice Advisory Council (the granting agency). Published Studies associated with CRJC: August 2001- 3 Year Evaluation Report: July 1, 2000-June 30, 2001. Co-authored With Gregory D. Russell and Mike Erp. June 2000- Fourth Quarter Evaluation Report: April 1, 2000-June 30, 2000. Co-authored with Gregory D. Russell and Mike Erp. March 2000-Third Quarter Evaluation Report: January 1, 2000-March 30, 2000. Co-authored With Gregory Russell and Mike Erp. December 1999-Second Quarter Evaluation Report: October 1, 1999-December 31, 1999. Co- authored With Gregory Russell and Mike Erp. September 1999- First Quarter Evaluation Report: July 1, 1999-September 30, 1999. Co- authored with Gregory D. Russell and Mike Erp. June 1999-Fourth Quarter Evaluation Report: April 1, 1999-June 30, 1999. Co-authored with Gregory D. Russell and Mike Erp. March 1999-Third Quarter Evaluation Report: January 1, 1999-March 30, 1999. Co-authored with Gregory D. Russell and Mike Erp. December 1998-Second Quarter Evaluation Report: October 1,1998-December, 30, 1998. Co-authored with Gregory D. Russell and Mike Erp. 37 September 1998- First Quarter Evaluation Report: July 1, 1998-September 30, 1998. Co- authored with Gregory D. Russell and Mike Erp. 1998. Ellen C. Lemley and Gregory D. Russell 3rd charges in Spokane County Data Analysis and System Design study presented to the Community Justice Committee in Spokane in preparation for a restorative justice grant application with the State of Washington. Other Evaluations: Evaluation of \u201cThe Guardian\u201d (a trigger lock devise for handguns) submitted to the Washington State Small Business Development Center- November 1998. Evaluation of an electronic monitoring devise submitted to the Washington State University Small Business Development Center- November 1997 \u201cImplementing by Groping Along Struggle in Program Evolutionary Implementation.\u201d Co-authored with Gregory D. Russell. Paper presented at the American Society of Criminology Conference. November 15-18, 2000. San Francisco, CA. \u201cDesigning and Implementing an Adult Restorative Justice Program: Hopeful Beginnings and Bureaucratic Resistance.\u201d Co-authored with Gregory D. Russell. Paper presented at the Western and Pacific Association of Criminal Justice Educators. October 12-15, 2000, Sacramento \u201cDefining and Implementing Restorative Justice: An Analytical Perspective.\u201d Co-authored with Gregory D. Russell. Paper presented at the Academy of Criminal Justice Sciences. March 9-14, 1999, Orlando, Florida. \u201cImplementing Restorative Justice: An Evaluation of Program Design Effectiveness in Decentralization Efforts.\u201d co-authored with Susan MacLachlan and Gregory D. Russell. Paper presented at the Academy of Criminal Justice Sciences. March 11-14, 1998, Albuquerque, New Mexico. \u201cDesigning and Evaluating a Restorative Justice Demonstration Project.\u201d co-authored with Gregory D. Russell. Paper presented at the Western and Pacific Association of Criminal Justice Educators. November 5-8, 1998, Boise, Idaho. \u201cRestorative Justice: An Operational Statement of Theory and Proposed Limited Test.\u201d Paper presented at the Western and Pacific Association of Criminal Justice Educators. November 5-8, 1998, Bosie, Idaho Academy of Criminal Justice Sciences (ACJS) 38 American Society of Criminology (ASC) Policy Studies Organization (PSO) American Society of Public Administration (ASPA) Western and Pacific Association of Criminal Justice Educators (WAPCJE) Washington Association of Criminal Justice Educators (WACJE) Honor Societies Alpha Phi Sigma- National Criminal Justice Honors Society Pi Sigma Alpha- National Political Science Honors Society 1998-2003: Chair of membership committee of the section on criminal justice administration (SCJA) of 2001- 2003:Executive Board Member of of 2001- present: Assistant Editor of \u201cThe Key\u201d. The newsletter of University: Arkansas State University Member of Search committee for an open position in criminology Faculty Advisor for the Criminology Club Spring 2004-fall 2004 Washington State University Graduate Student Association Faculty Meeting Representative, 2000-2001. Student Representative for the Applied Justice and Policy Studies Field on the Graduate Studies Committee, 1999-2000. Graduate and Professional Student Association Senator, 1997-1998. Community: Community Justice Diversion Program in Spokane -Oct. 1997-2002 As a member of the planning and implementation team of the Community Justice Committee in Spokane have been directly involved with the development of the Community and Restorative Justice Council (CRJC) project. The state of Washington, Department of Corrections, through the Washington State Law and Justice Committee (WSLJC), recently funded this project in the amount of $100,000 for 1998-1999 and 1999-2000. Of this, $5,000 has been set aside for evaluation for each year plans to submit a federal application to extend the project into the county (the current program only covers the city of Spokane). My activities on the committee include the following: design and implementation committee member, member of evaluation team, and co-Principle Investigator for an grant proposal 39 Butte County Probation Department November 1990-June 1997 Oroville 95965. Adult Intake Officer July 1996-June 1997. Investigation and preparing pre-sentence reports for the Court. Senior Counselor - Butte County Juvenile Hall Feb.1993-July 1996. Supervision of staff providing care and custody of minors detained in juvenile hall. Counselor-Butte County Juvenile Hall Nov. 1990-Feb.1993. Provide for the care and custody of minors detained at juvenile hall. Chico Police Department June - August 1992 Chico, CA. 95928. Student Intern Observation of and exposure to the every-day operations of the police department. 40 Doris, C. F. Chu P.O. Box 2003 State University 72467 (870) 972-3276 dchu@astate.edu INTEREST: Comparative Criminal Justice, Community Policing, Life-Course Explanations of Criminal Offending and Desistance, Reintegration of Ex-offenders State University of New York at Albany, Ph.D. in Criminal Justice May 2003 State University of New York at Albany, M.A. in Criminal Justice May 1999 Oklahoma City University, M.Ed. in Education August 1994 Central Police University, Taiwan, B.A. in Foreign Affairs June 1986 Albany School of Criminal Justice Teaching Assistantship Summer, 2002 Albany School of Criminal Justice Graduate Assistantship 2000, 2001, 2002 Albany School of Criminal Justice Fellowship 1999-2000 Albany Rockefeller College Student Assistantship 1998-1999 Central Police University, Taiwan Scholarship for the First Award in the Class 1984 41 Taipei Municipal Police Department (TMPD) Inspector 1986-1989 Chung Cheng Police Precinct Section Chief of Foreign Affairs Section 1989-1992 Song Sang Police Precinct Section Chief of Foreign Affairs Section 1992-1993 Taipei Municipal Police Department Senior Staff 1993-1997 Taipei Municipal Police Department Section Chief 1997-1998 at Taipei Municipal Police Department (TMPD) Distinguished Police Officer 1996 Taipei Municipal Police Department (TMPD) Graded highest (out of 110 people) in the annual employee evaluation at the Foreign Affairs Division of 1995 National Police Administration, Taiwan Placed first in the nationwide examination for selecting outstanding police officers for overseas study 1993 Executive Yuan (Cabinet) Outstanding Young Government Official Delegate to Germany 1992 Arkansas State University Assistant Professor Advisor of Criminology Club 1023: Introduction to 3263: Criminology 3383: Social Statistics Fall, 2003 till now Albany School of Criminal Justice Instructor 401: Crime, Deviation, and Conformity (Senior level undergraduate course) Summer, 2002 42 Albany School of Criminal Justice Teaching Assistant 496Z Community and Criminal Justice (Intensive writing, special topics course) Fall, 2001 Central Police University, Taiwan Part-time Lecturer: Special Topics on Policing (Seminar Class) 1997 Taiwan Police Academy Part-time Instructor: English (General course for freshman and sophomore) 1995, 1996 Division of Criminal Justice Services, New York State Government Research Assistant September 2000 to May 2003 Duties: - Assisting in youth courts to use a database management program YC) to track youth from arrest to final disposition - Maintaining web page of (website: - Assisting in designing a variety of questionnaires to examine satisfaction of guardians, youth court participants on youth court - Editing Help Screen and Tutorials of \u201cDo female officers respond to domestic violence differently from male officers?\u201d (with Ivan Sun) Paper to be presented at the American Society of Criminology, 2005 Comparison of Job-Related Attitudes of Chinese and American Female Police Officers\u201d (with Ivan Sun, and Hung-En Sung) Paper to be presented at the American Society of Criminology, 2005. \u201cCharismatic Evangelicals\u2019 War on Drugs: The Case of the Assemblies of God\u201d (with Hung-En Sung) Paper to be presented at the American Society of Criminology, 2005. \u201cChinese Immigrants\u2019 Perception toward the Police in the City of Toronto\u201d (with John Huey-Long Song, and Estelle Hofschneider) Paper to be presented at the American Society of Criminology, 2005. \u201cCommunity Policing in Taipei: Line Officers\u2019 Receptiveness to and Involvement in Community Policing.\u201d (with Terry Gingerich) Paper presented at the Annual Meeting of the Academy of Criminal Justice Sciences, 2005 Comparison of Attitudinal Differences between Chinese and American Police Supervisors.\u201d (with Ivan Sun) Paper presented at the Annual Meeting of the Academy of Criminal Justice Sciences, 2005. 43 \u201cWho is Stealing Your Money Cross-National Examination of an Skimming Crime.\u201d (with Yaw Ackah) Paper presented at the Annual Meeting of the American Society of Criminology, 2004. \u201cChinese Immigrants\u2019 Perception toward the Police in New York City.\u201d (with John Huey-Long Song, and John Dombrink) Paper presented at the American Society of Criminology, 2004 Comparison of Job-Related Attitudes of Chinese and American Police Officers.\u201d (with Hung-En Sung, and Ivan Sun) Paper presented at the Annual Meeting of the American Society of Criminology, 2004. \u201cChinese Immigrants\u2019 Perception toward the Police in New York City and Los Angels Report of Preliminary Findings.\u201d (with John Huey-Long Song, and John Dombrink) Paper presented at the Annual Meeting of the Asian Association of Police Studies, 2004. \u201cPolice Officers\u2019 Perception toward Community Policing Comparative Study of Police Officers in Taiwan and Washington State.\u201d (with Terry Gingerich) Paper presented at the Annual Meeting of the Academy of Criminal Justice Sciences, 2004. \u201cPolice Agency Accreditation and Its Relationship with Community Policing in Washington State Perspective from Street Cops to Management Cops.\u201d (with Terry Gingerich) Paper presented at the Annual Meeting of the Academy of Criminal Justice Sciences, 2004. \u201cCollateral Gains from the Military Cross-National Analysis of the Armed Forces- Crime Relationship.\u201d (with Hung-En Sung) Paper presented at the Annual Meeting of the American Society of Criminology, 2003. \u201cUnemployment, Income Inequality, and Crime Cross-National Analysis.\u201d (with Hung-En Sung) Paper presented at the Annual Meeting of the American Society of Criminology, 2003. \u201cFaith-Based Programs in Criminal Justice Practice\u201d (with Allison Anadi) Paper presented at the National Conference on Family Violence: Legal, Social, Economic and Psychological Implications, April 2003. \u201cAn Examination of Religiosity and Desistance.\u201d Paper presented at the Annual Meeting of the Academy of Criminal Justice Sciences, 2003. \u201cAn Introduction to YC: Case Management Software to Youth Court.\u201d (with James F. Nelson and Jia Liu) Workshop presented at the Youth Court Conference 2002. \u201cAdding Religion to Hirschi\u2019s Social Control Theory\u201d (with Michael Cretacci) Paper presented at the Annual Meeting of the American Society of Criminology, 2000 \u201cDoes Participation in the Global Economy Reduce Political Corruption? An Empirical Inquiry\u201d (with Hung-En Sung): International Journal of Comparative Criminology, p. 94-118, 3(2), 2003. Book Chapter: \u201cPolice Forces and Correctional Systems of Taiwan, Republic of China\u201d (with Terry Gingerich) in World Encyclopedia of Police Forces and Correctional Systems, 2005 (Gale Publication). Entry: \u201cBroken Windows Theory of Crime\u201d in the forthcoming Blackwell Encyclopedia of Sociology Website. 44 under \u201cThe Mediating Effect of Economic Deprivation on Crime\u201d (with Ivan Sun and Hung-En Sung): Paper submitted to International Journal of Comparative and Applied Criminal Justice \u201cCaregivers at Risk: the Implications of Health Disparities\u201d (with Loretta Brewer): Paper submitted to Stress, Trauma and Crisis: An International Journal-( Double Issue: Poverty, Mental Health, and Its Correlates) \u201cComparison of Job-Related Attitudes of Chinese and American Police Officers\u201d (with Ivan Sun): Paper submitted to Policing: An International Journal of Police Strategies and Management Comparison of Attitudinal Differences between Chinese and American Police Supervisors.\u201d (with Ivan Sun): Paper submitted to Police Quarter. \u201cChinese Immigrants\u2019 Perception toward the Police in New York City\u201d (with John Huey-Long Song, and John Dombrink) Paper submitted to International Criminal Justice Review. Work in Comparative Perspective of Community Policing in Taiwan and Washington State (with Terry Gingerich \u201cChinese Immigrants\u2019 Perception toward the Police in New York City\u201d; $2,500; Faculty Research Grant; Arkansas State University \u201cCharismatic Evangelicals\u2019 War on Drugs: The Case of the Assemblies of God\u201d (Co-investigator with Hung-En Sung); Louisville Institute \u201cReligiosity as Social Capital, in the Explanation of Desistance from Crime\u201d guest speaker at the National Conference on Family Violence: Legal, Social, Economic and Psychological Implications, April 2003 Skimming Crime\u201d keynote speaker at Altrusa International monthly meeting in Arkansas, February 17, 2005 Reviewer for Journal of Crime and Criminal Justice International Dr. Graeme Newman (Dissertation Chair) Distinguished Teaching Professor School of Criminal Justice State University of New York at Albany 223A Draper Hall 135 Western Ave Dr. David Duffee Professor School of Criminal Justice State University of New York at Albany Draper 225A 135 Western Ave. 45 Albany 12222 (518) 442-5223 e-mail: Harrowhest@aol.com Albany 12222 (518) 442-5224 e-mail: duffee@albany.edu Dr. Alan Lizotte (Dissertation Co-chair) Professor School of Criminal Justice State University of New York at Albany 207 Draper Hall 135 Western Ave Albany 12222 (518) 442-5227 e-mail: a.lizotte@albany.edu Dr. Ivan Sun Assistant professor Department of Sociology & Criminal Justice University of Delaware Newark 19702 (302) 831-8727 e-mail: isun@UDel.Edu 46 Lawrence Mark Salinger Arkansas State University Department of Criminology, Sociology, Social Work, and Geography 228 International Student Center P.O. Drawer 2410 State University, Arkansas 72467-2410 PHONE: 870-972-3705 FAX: 870-972-3694 E-Mail lars@astate.edu 810 Amber Circle Bono, Arkansas 72416 HOME: 870-934-8081 FAX: 870-935-4072 CELL: 870-219-5271 Washington State University, Pullman, Washington, 1992, Ph.D. in Sociology. Dissertation Title: Antitrust Enforcement: An Analysis of Ninety-Nine Years of Federal Criminal Price-Fixing Cases, 1890-1988. Indiana University, Bloomington, Indiana, 1983, M.A. in Forensic Studies (Criminal Justice). Thesis Title: Assaults Against Flight Attendants Victimization Survey. University of California, Irvine, California, 1981, B.A. in Social Ecology - Criminal Justice Concentration Criminology Deviance 47 Criminal Justice Complex Organizations White-Collar and Corporate Crime Community Policing Geographic Information Systems Associate Professor, 1997-Present. Previously: Assistant Professor, 1992-1997; Instructor, 1990-1992. Assistant Chair, 2005-Present. Arkansas State University (Jonesboro, Arkansas), Department of Criminology, Sociology, and Geography. Courses: Introduction to Criminal Justice Police and Society Criminology Juvenile Delinquency Criminal Justice Systems (Capstone Policy-Oriented Course) Criminology Internships Principles of Sociology Methods of Social Research (Including SPSS/PC) Statistics (Including SPSS/PC) Social Deviance Geographic Information Systems for the Social Sciences Population and Demography Social Organization Graduate Seminar in Criminal Behavior: White-Collar Crime Graduate Seminar in Juvenile Delinquency Graduate Internship Instructor, 1987-1990. Adrian College (Adrian, Michigan), Department of Sociology and Anthropology. Courses: Principles of Sociology Social Problems and Contemporary Institutions Introduction to Social Research Introduction to Criminal Justice Criminology Delinquency Seminar: White-Collar and Corporate Crime The Police in Urban Society Prevention and Correction Social Deviance 48 Community Service Seminar Seminar: Substance Abuse Professional Internship Teaching Assistant II/Lecturer, 1983-1987. Washington State University (Pullman, Washington), Department of Sociology. Courses: Contemporary Social Problems Criminology Introduction to Sociology Juvenile Delinquency Quantitative Techniques in Sociology Associate Instructor, 1981-1983. Indiana University (Bloomington, Indiana), Department of Forensic Studies. Course: Etiology of Norm Violating Behavior Assistant Juvenile Delinquency Prevention Counselor, 1980-1981. Boy's Clubs of the Harbor Area (Newport Beach, California) while a volunteer in VISTA. Student Intern, 1979. Irvine (California) Police Department, Investigative Division (University of California, Irvine, Program in Social Ecology Field Study Program Salinger, Lawrence M. (Ed.). 2005. Encyclopedia of White-Collar and Corporate Crime. Thousand Oaks, CA: Sage Publications, Inc. Salinger, Lawrence M. (Ed.). 2000. Annual Editions: Deviant Behavior 00/01. Guilford, CT: McGraw-Hill/Dushkin Publishing Group Salinger, Lawrence M. (Ed.). 1999. Annual Editions: Deviant Behavior 99/00. Guilford, CT: McGraw-Hill/Dushkin Publishing Group Salinger, Lawrence M. (Ed.). 1998. Annual Editions: Deviant Behavior 98/99. Guilford, CT: McGraw-Hill/Dushkin Publishing Group. Salinger, Lawrence M. (Ed.). 1997. Annual Editions: Deviant Behavior 97/98. Guilford, CT: Dushkin Publishing Group/Brown and Benchmark Publishers. Salinger, Lawrence M. (Ed.). 1996. Annual Editions: Deviant Behavior 96/97. Guilford, CT: Dushkin Publishing Group/Brown and Benchmark Publishers. 49 Geis, Gilbert, Robert F. Meier, and Lawrence M. Salinger (Eds.). 1995. White-Collar Crime: Classic and Contemporary Views (Third Edition). New York: Free Press Salinger, Lawrence M. (Ed.). 2001. Special Issue on White-Collar and Corporate Crime. Journal of Contemporary Criminal Justice Salinger, Lawrence M., Paul D. Jesilow, Henry N. Pontell, and Gilbert Geis. 1985. \"Assaults Against Flight Attendants Victimization Study.\" Transportation Journal 25:66-71. Pontell, Henry N., Lawrence M. Salinger and Gilbert Geis.1983. \"Assaults in the Air: Concerning Attacks Against Flight Attendants.\" Deviant Behavior 4:297-311 Gilbert Geis and Lawrence M. Salinger. 1998. \u201cAntitrust Law and Organizational Deviance.\u201d In: Research on the Sociology of Organizations. Ithaca, NY: Cornell University R. Brinkley Smithers Institute for Alcohol-Related Workplace Studies Salinger, Lawrence M. 1999. Test Bank for American Delinquency, by: LaMar T. Empey and Mark C. Stafford. Belmont Thomson/Wadsworth Publishing Company Dison, Jack, Lawrence M. Salinger, and Kris Soto. 1995. Profile of Offenders: Arkansas Second Judicial District, 1993-1994. Prepared for the Intermediate Sanctions Cluster Group Salinger, Lawrence M. 2005. Review of Rethinking Corporate Crime, by James Gobert and Maurice Punch. Contemporary Sociology (Forthcoming). Salinger, Lawrence M. 1994. Review of Crime and its Social Context, by Terence D. Miethe and Robert F. Meier. Michigan Sociological Review (Fall 1994). 50 Salinger, Lawrence M. 1993. Review of White-Collar Crime in Modern England: Financial Fraud and Business Morality 1845-1929, by George Robb. The Criminologist (Spring/October 1993):17. Salinger, Lawrence M. 1990. Review of Corporate Corruption:The Abuse of Power, by Marshall B. Clinard. Michigan Sociological Review (Fall 1990):96-98 Jack Dison and Lawrence M. Salinger. 1995. \u201cIntermediate Sanctions Cluster Group.\u201d Arkansas Governor\u2019s Discretionary Fund, $7,000 Salinger, Lawrence M. 2002. \u201cUsing a Community Policing Survey as a Means for Teaching Applied Research.\u201d Southwestern Social Science Association, New Orleans, Louisiana. Salinger, Lawrence M. and Jack Dison. 1996. \u201cPredictors of Convictions in a Rural Arkansas Judicial District.\u201d American Society of Criminology, Chicago, Illinois. Dison, Jack and Lawrence M. Salinger. 1996. \u201cFelonies in the 2nd Judicial District of Arkansas: An Example of Applied Research.\u201d Southwestern Association of Criminal Justice Educators, Tucson, Arizona. Salinger, Lawrence Mark. 1994. \"Attitudes on Rape Survey of College Students at a Rural Southern University.\" American Society of Criminology, Miami, Florida. Salinger, Lawrence Mark and James F. Short, Jr. 1993. \"Antitrust Enforcement: An Analysis of Ninety-Nine Years of Federal Price-Fixing Cases, 1890-1988 Test of the Stability of Punishment Hypothesis.\" American Society of Criminology, Phoenix, Arizona. Salinger, Lawrence M. 1992. \"Antitrust Enforcement: An Analysis of Ninety-Nine Years of Federal Criminal Price-Fixing Cases, 1890-1988.\" American Society of Criminology, New Orleans, Louisiana. Salinger, Lawrence M. 1990. \"Price-Fixing Violations: The Last Century Re-visited.\" American Society of Criminology, Baltimore, Maryland. Salinger, Lawrence M. 1988. \"Applying Delinquency Theory to Practice Computer Generated Simulation.\" Michigan Sociological Association, Ypsilanti, Michigan. Salinger, Lawrence M. 1987. \"Conceptualizing and Measuring Corporate Crime: The Case of 51 Price-Fixing.\" Society for the Study of Social Problems, Chicago, Illinois. Salinger, Lawrence M. 1986. \"Truth or Consequences: Fraud in Scientific Research.\" American Society of Criminology, Atlanta, Georgia. Salinger, Lawrence M. 1983. Assaults Against Flight Attendants Victimization Survey.\" American Society of Criminology, Denver, Colorado. Jesilow, Paul D. and Lawrence M. Salinger. 1982. \"Violent White-Collar Crime: Some Considerations.\" Academy of Criminal Justice Sciences, Louisville, Kentucky. Salinger, Lawrence M. 1982. \"Boy's Clubs of America Juvenile Delinquency Prevention Agency?\" Western Society of Criminology, Newport Beach, California. Pontell, Henry N., Lawrence M. Salinger, and Gilbert Geis. 1981. \"Assaults in the Air: Concerning Attacks Against Flight Attendants.\" American Sociological Association, Toronto, Canada Discussant. 2005. Gender and Society II. Southwestern Social Science Association, New Orleans, Louisiana. Panel Chair. 2004. Responsibility, Trust, and Misconduct in Corporate Settings. American Society of Criminology, Nashville, Tennessee. Panel Chair. 1996. Courts. American Society of Criminology, Chicago, Illinois. Session Organizer. 1995. \"Criminology I.\" Southwestern Sociological Association, Dallas, Texas. Panel Chair. 1994. \"Corporate Crime.\" American Society of Criminology, Miami, Florida. Session Organizer. 1993. \"On the Control and Regulation of White- Collar Crime.\" American Society of Criminology, Phoenix, Arizona. Organizer. 1989. Round Table: \"Directions in White-Collar and Corporate Crime: Where Have We Gone in the 1980s.\" Academy of Criminal Justice Sciences, Washington, District of Columbia. Co-Organizer. 1988. Session: \"Communicating Sociology with Computers.\" Michigan Sociological Association, Ypsilanti, Michigan. Organizer and Discussant. 1988. Session: \"White-Collar and Corporate Crime.\" Academy of Criminal Justice Sciences, San Francisco, California. 52 Discussant. 1988. Session: \"Sociology: Criminology and Criminal Justice.\" Michigan Academy of Science, Arts, and Letters Humanities, Saginaw, Michigan Member of the Graduate Student Information Committee. American Society of Criminology, 1996. Member of the Editorial Board. Journal of Contemporary Criminal Justice, 1995-2002. Member of the Executive Board. Michigan Sociological Association, 1987-1990. Outstanding Teaching Awards Committee. Michigan Sociological Association, 1989. Manuscript Reviewer, Michigan Sociological Association, 1988-1990 Arkansas State University (Jonesboro, Arkansas). Committees Served On: Academic Hearing, 1993-1994, and 2002-2004 Faculty Senate, 1994-1996, 2003 Faculty Senate - Status of the Profession, 1993-1996 Chair, 1995-1996 General Education, 1998-2001 Interdisciplinary Family Studies, 2001-Present Institutional Review Board (Human Subjects), 1993-1995 Parking Appeals, 2002-2003 University Police Officer Screening, 1996-1998 Other University Service: Served as Arkansas State University Spokesman After the Westside Middle-School Shooting in Jonesboro, Arkansas, 1998. Adrian College (Adrian, Michigan). Committees Served On: Academic Advising and Career Development, 1988-1989 Academic Status Review, 1989-1990 Campus Environment, 1988-1989 College Environment, 1989-1990 Library and Learning Enrichment, 1988-1989 53 Parking, Lighting, and Security, 1988-1990 Adrian College (Adrian, Michigan), Faculty Advisor to Phi Kappa Sigma Fraternity, 1987-1989 Washington State University (Pullman, Washington). Committee Served On: Parking Appeals Committee, 1986-1987 Arkansas State University (Jonesboro, Arkansas). Committees Served On: Advisory and Planning, 1993-1997 Admissions and Credits, 1992-1994 Faculty Development Steering, 1992 Curriculum, 1998-2000 Pre-Law, 1992-1993 Harry S. Truman Scholarship Nominating, 1993-1994 Grievance Hearing, 1996-2001 Teaching and Learning Enhancement by Networking Technology, 1996-2001 Arkansas State University (Jonesboro, Arkansas). Committees Served On: Advising Recruitment, and Retention 1990-1995 Budget, 1996-Present Curriculum, 1992-1994, 1996-2001 Chair, 1998-2001 Graduate Studies, 1993-Present Promotion, Retention, and Tenure, 1998-2001, 2003-Present Library, 1990-2001, 2003-Present Chair, 1998-2001, 2003-Present R.E. Dozier Criminology Scholarship, 1990-1992 Department Chairperson Search, 1992-1993 Criminology Search, 1995, 1996 Social Work Search, 1996 54 Sociology Search, 1998 Faculty Assessment, 1992 Principles of Sociology Assessment, 1993 Other Departmental Service: Faculty Advisor - Student Criminal Justice Association, 1992-1998 Alumni Phonathon, 1993-1994 Member. 1998-Present. Community Oriented Policing Leadership Council. Jonesboro, Arkansas. Member. Law Enforcement Committee. Using to analyze crime patterns in Jonesboro, Arkansas. Chair. 1997-2000. Arkansas Department of Human Services Craighead County Transitional Employment Assistance Coalition Transportation Committee. Jonesboro, Arkansas. Co-Consultant. 1994-1997. Arkansas Second Judicial District Intermediate Sanctions Cluster Group. Co-Collected and analyzed data for a felony offender profile. Consultant. 1991. Arkansas State University Catholic Student Center Alumni Survey. Constructed, conducted, and analyzed survey of alumni members to determine the quality of previous programming, and to improve the quality of future programming Attended Kansas State University Continuing Education Academic Chairpersons Conference, February 7-11, Orlando, Florida. Attended Arkansas State University College of Business Ethics and Corporate Governance Seminar, October 1, 2004, Jonesboro, Arkansas. Attended ArcView Geographic Informations Systems Training Courses (Introductory), May 1999, St. Charles, Missouri. Attended MapInfo Professional Geographic Information Systems Training Courses (Introductory, Intermediate, and Advanced Levels), December 14-17, 1998, Chicago, IL. 55 Attended National Institute of Justice Crime Mapping Conference, December 10-12, 1998, Arlington, Virginia. Attended National Institute of Justice Community Policing Conference, November 8-10, 1998, Arlington, Virginia. Attended Four-Week Advanced Multimedia Instruction and Web-Building Course, June, 1998, Center for Learning Technology, Arkansas State University. Attended Four-Week Introductory Multimedia Instruction and Web-Building Course, June, 1997, Center for Learning Technology, Arkansas State University. Attended National Science Foundation Grant-Writing Workshop, March 11-12, 1993, Jackson, Mississippi. Attended On-Campus Workshops on Lotus 1-2-3, Networking, UNIX, E-Mail, and Internet, Summer, 1993, Arkansas State University. Attended National Teleconferences on Internet and Multimedia Computing, Fall, 1993, Arkansas State University Second Place in the Student Paper Competition of the Western Society of Criminology, 1982. Alpha Kappa Delta Sociology Honor Society Academy of Criminal Justice Sciences American Society of Criminology American Association of University Professors American Association of Political and Social Sciences International Association of Chiefs of Police Fraternal Order of Police, Jonesboro, Arkansas, Lodge Dr. Patricia Teddlie Dr. Jack Dison, Retired Arkansas State University Arkansas State University Department of Criminology, Sociology, Department of Criminology, Sociology, Social Work and Geography Social Work, and Geography P.O. Drawer 2410 P.O. Drawer 2410 State University, Arkansas 72467-2410 State University, Arkansas 72467-2410 870-972-3705 870-972-3705 Dr. Larry E. Clowers, Retired Dr. James F. Short, Jr., Professor Emeritus Arkansas State University Washington State University Department of Criminology, Sociology, Department of Sociology Social Work, and Geography 204 Wilson Hall P.O. Drawer 2410 Pullman, Washington 99164-4020 State University, Arkansas 72467-2410 509-335-4707 870-972-3705 Dr. Gilbert Geis, Professor Emeritus Dr. Robert Meier, Chair University of California, Irvine University of Nebraska, Omaha School of Social Ecology Department of Criminal Justice 970 Poppy Lane 6001 Dodge Street Corona Del Mar, California 92625 Omaha, Nebraska 68182 949-721-9401 402-554-2800 Dr. Richard McGhee, Retired Arkansas State University Department of English and Philosophy P.O. Drawer 1890 State University, Arkansas 72467-1890 870-972-4303 (Current May 18, 2005) Department of Criminology, Phone (870) 972-3705 Sociology, and Geography Fax (870) 972-3694 Arkansas State University Email cwienke@astate.edu P.O. Box 2410 State University 72467 WIENKE, Ph.D. Current Position and affiliations 2001 to Present: Department of Sociology, Arkansas State University 2002: Assistant Professor Affiliations with Family Studies and Women and Gender Studies Areas of specialization Marriage and Family (esp. parenthood; fatherhood; personal well-being; intimate relationships; mate selection; and family policy) Sociology of Gender (esp. men\u2019s studies; gender movements; feminist theory) Sociology of Sexuality (esp. gendered sexuality; sex, technology and the body;sexual orientations) Qualitative Methodology Social Inequality (race, class, gender, sexual orientation) Cultural Sociology Education 2002 Ph.D. Sociology, University of Pittsburgh 2002 Ph.D. Certificate Women\u2019s Studies, University of Pittsburgh 2002 M.A. Certificate Cultural Studies, University of Pittsburgh 1996 M.A. Sociology, University of New Orleans 1992 B.A. Sociology/English, Southern Illinois University-Carbondale Courses offered Undergraduate: Arkansas State University, 2001-2005 Marriage & Family (8 terms) Today\u2019s Families: Interdisciplinary Approaches (2 terms) Intimate Relationships (2 terms) Childhood & Adolescence Principles of Sociology (3 terms) Graduate: Arkansas State University Seminar in the Family (2 terms) Qualitative Methods of Social Research Undergraduate: University of Pittsburgh, 1997-2001 Sociology of Family (2 terms) Sociology of Gender Youth and Society (2 terms) Society and the Child Sociology of Sport (2 terms) Social Problems (2 terms) Introduction to Sociology (2 terms) Undergraduate: University of Pittsburgh, 1996-1996 Courses assisted Sociology of Gender Societies Social Problems Undergraduate: University of New Orleans, 1995-1996. Statistics (2 terms) Research Assisted The Environmental Institute, University of New Orleans, 1995. Department of Sociology, University of New Orleans, 1994-1995. Publications Wienke, Chris. In Press. \u201cMale Sexuality, Medicalization, and the Marketing of Cialis and Levitra,\u201d Sexuality and Culture. Wienke, Chris. Forthcoming.\u201cSex the Natural Way: The Marketing of Cialis and Levitra.\u201d In Medicalized Masculinities. Edited by Dana Rosenfeld and Christopher Faircloth. Temple University Press. Wienke, Chris 2004. \u201cDebating of the Family.\u201d In Teaching About Families Collection of Essays, Syllabi, Projects, Assignments, Websites, and Bibliographies. Edited by Ginger Macheski, Kathleen Lowney, Michael Capece, Kate Warner, and Martha Laughlin. Washington, D.C.: American Sociology Association. Wienke, Chris. 2001. \u201cBoys\u2019 Bodies\u201d in Boyhood in America: An Encyclopedia. Edited by Jacqueline V. Lerner and Richard M. Lerner. Denver: ABC-CLIO. Wienke, Chris. 2000. \u201cBetter Loving through Chemistry: How New Impotence Treatment Technologies Promise to Change Male Sexuality\u201d Disclosure Journal of Social Theory 9: 69-93. Wienke, Chris. 1998. \u201cNegotiating the Male Body: Men, Masculinity, and Cultural Ideals\u201d The Journal of Men\u2019s Studies 6 (2): 255-282. Book Reviews Wienke, Chris. In Press. Book Review. The Rise of Viagra: How the Little Blue Pill Changed Sex in America. By Meika Loe. New York: New York University Press. Wienke, Chris. 2003. Book Review. Rumors of Indiscretion: The University of Missouri \u201cSex Questionnaire\u201d Scandal in the Jazz Age. By Lawrence J. Nelson. Columbia, MO: University of Missouri Press. In Arkansas Review Journal of Delta Studies 34 (3): 248-249. Works in progress Book Manuscript: \u201cMaking Responsible Fathers out of Troubled Men: Self-Change, Family Formation, and the U.S. Fatherhood Movement.\u201d Research Paper: \u201c(How) Does Sexual Orientation Affect Adult Well-Being?\u201d Research Paper: \u201cMate Selection Preferences of Divorced and Never-Married Adults in Personal Advertisements.\u201d Research Paper: \u201cTroubled Fathers and the Identity-Building Process in Two Fatherhood Service Programs.\u201d Conference Presentations \u201cSexual Orientation, Union Status, and Personal Well-Being Comparison of Attached and Unattached Heterosexuals and Homosexuals\u201d, Paper read at the Southwest Social Science Association Annual Meeting, New Orleans, LA, March 2005. (with Dr. Gretchen Hill) Does Sexual Orientation Affect Emotional Well-Being Comparison of Attached and Unattached Heterosexuals and Homosexuals, Paper read at the Midwest Sociological Society Annual Meeting, Minneapolis, MN, April, 2005. (with Dr. Gretchen Hill) \u201cTroubled Fathers and the Identity-Building Process in Two Fatherhood Service Programs.\u201d Paper read at the American Sociological Association Annual Meeting, Atlanta, GA, August 2003. \u201cMaking Responsible Fathers out of Troubled Fathers.\u201d Paper read at the American Men\u2019s Studies Association Annual Conference, Nashville, April 2003. \u201cUnderstanding Men\u2019s Involvement in Fathering Programs.\u201d Paper read at the Society for the Study of Social Problems Annual Meeting, Chicago, IL, August 2002. \u201cFrom Crisis to Community: How Fathering Programs are Creating Haven in Heartless World.\u201d Paper read at the Southwest Social Science Association Annual Meeting, New Orleans, LA, March 2002. \u201cMaking Dads out of Men: Identity Construction and the U.S. Fatherhood Movement.\u201d Paper presented at the American Sociological Association Annual Meeting, Anaheim, CA, August 2001. \u201cBetter Loving through Chemistry: How New Impotence Treatment Technologies Promise to Change Male Sexuality.\u201d Paper read at the American Sociological Association Annual Meeting, Chicago, IL, August 1999. \u201cNegotiating the Male Body: Men, Masculinity, and Cultural Ideals.\u201d Paper read at the American Men\u2019s Studies Association Annual Conference, Nashville, March 1997. Cultural Stereotypes of the Male Body.\u201d Paper read at the Mid-South Sociological Association Annual Conference, Mobile, AL, October 1995. Invited Presentations \u201cSex the Natural Way: The Marketing of Cialis and Levitra.\u201d Paper presented at the Humanities and Social Science Brown Bag Lecture Series, Arkansas State University, December 2004. \u201cSex the Natural Way: The Marketing of Cialis and Levitra.\u201d Paper read at the American Sociological Association Annual Meeting, San Francisco, CA, August 2004. \u201cMaking Responsible Fathers out of Troubled Fathers.\u201d Paper presented at the Division of Children and Family Services Area Meeting, Jonesboro, AR, June 2003. \u201cFrom Crisis to Community: How Fathering Programs are Creating Haven in Heartless World.\u201d Paper read at the Division of Children and Family Services Area Meeting, Jonesboro, AR, April 2002. Service to the Department and University Sexual Harassment Grievance Committee (2004-2006) Admissions and Credits Committee (2003\u2013 ) Coordinator for the Humanities and Social Sciences Brown Bag Lecture Series Faculty Review Committee (2005 \u2013 ) Interdisciplinary Child Welfare Committee (2001\u2013 ) Budget Committee (2003\u2013 ) Library Committee (2003\u2013 ) Graduate Curriculum Committee (2001-2003) Hiring Committee (2001) Awards Scholarly Activity Initiative Award, Arkansas State University, 2005-2006 Tuition Scholarship, University of Pittsburgh, 2000-2002. Women\u2019s Studies Research Fund Award, University of Pittsburgh, Summer 2000. Andrew Mellon Predoctoral Fellowship alternate, University of Pittsburgh, 2000-2001. Teaching Fellowship, Department of Sociology, University of Pittsburgh, 1996-2000. Graduate Research Assistantship, Department of Sociology, University of New Orleans, 1994-1996. Professional Organizations American Sociological Association (ASA) Society for the Study of Social Problems (SSSP) Southwest Social Science Association (SSSA) Midwest Sociological Society (MSS) American Men\u2019s Studies Association (AMSA) National Council on Family Relations (NCFR) Journal Referee Journal of Men\u2019s Studies (2002\u2013) Men and Masculinities (2004\u2013) Andrew Knight P.O. Box 3443; State University 72467 Telephone (870) 933-6811; E-mail: aknight@astate.edu EDUCATION: 1998-2002 The Pennsylvania State University (PhD in Rural Sociology) Dissertation: Afraid of Food? An Integrative Approach to Risk Perception 1992-1994 University of Western Ontario (Master of Arts in Sociology) Master\u2019s Thesis: Environmental Movement and Social Movement Theory 1987-1992 University of New Brunswick (Bachelor of Arts, Honors in Sociology) Honors\u2019 Paper: Third World Development and Foreign Aid EXPERIENCE: June 2005- Visiting Research Associate, National Food Safety and Toxicology Center June 2006 Michigan State University, East Lansing August 2002- Assistant Professor of Sociology, Arkansas State University, State University Present Department of Criminology, Sociology and Geography Sept. 2001- Thoreau Fellow, University of Maine, Orono July 2002 Department of Sociology Aug. 2000- Instructor, The Pennsylvania State University, University Park Dec. 2000 Department of Agricultural Economics and Rural Sociology Aug. 1998- Research Assistant, The Pennsylvania State University, University Park July 2001 Department of Agricultural Economics and Rural Sociology Sept. 1996 - Instructor, Mount Royal College, Calgary (Canada) April 1998 Department of Anthropology and Sociology Jan. 1998 - Instructor, Canadian Nazarene College, Calgary (Canada) April 1998 INTERESTS: Agriculture; Community; Environment; Methods; Rural Sociology; Science & Technology; Social Movements; Sustainable Development; Statistics; Theory OFFERED/TAUGHT: Undergraduate Graduate Soc 2213: Principles of Sociology (General Education and Honors) Soc 5253: Rural Sociology Soc 4243: Social Theory Soc 5363: Environmental Sociology Soc 4253: Rural Sociology Soc 6303: Contemporary Sociological Theory Soc 4323: Applied Research Soc 4363: Environmental Sociology 4373: Sustainable Development in Modern Society Soc 101: Intro. to Sociology Soc 240: Technology and Society Soc 340: Sustainable Development in Modern Society Rsoc 011: Introduction to Rural Sociology 2201: Introductory Sociology 2203: Current Social Issues Introductory Sociology INTERESTS: Agriculture; Community; Development; Energy; Environment; Homeland Security; Policy Evaluation; Risk Perception; Science & Technology EXPERIENCE: \u00b0Grants and Funded research: 2004 Perceptions, Management and Regulatory Enforcement of Agricultural Genetic Engineering Arkansas Biosciences Institute, Co-principal investigator, $100,000 Local Business Survey Jonesboro Chamber of Commerce, Co-principal investigator, $8,940 2003 Social Assessment of Plant-Made Pharmaceuticals Arkansas Biosciences Institute, Co-principal investigator, $250,000 Tobacco Awareness and Public Policy Arkansas Tobacco Free Coalition, Co-principal investigator, $26,500 \u00b0Other research: 2004 Educational Reforms, Environmental, Health, and Homeland Security Risks Survey, Co- principal investigator 2003 Quality of Life Survey of Jonesboro Residents,Co-principal investigator ARTICLES: Knight, Andrew and Rex Warland. 2005. \u201cDeterminants of Food Risks Multi-Approach Model.\u201d Rural Sociology 70 (September). Knight, Andrew and Rex Warland. 2004. \u201cUnderstanding the Relationship Between Socio- Demographics and Concern About Food Safety Issues.\u201d Journal of Consumer Affairs 38, 1: 107- 120. Stewart, Patrick and Andrew Knight. Forthcoming. \u201cTrends Affecting the Next Generation of U.S. Agricultural Biotechnology: Politics, Policy and Plant Made Pharmaceuticals.\u201d Technological Forecasting & Social Change CHAPTERS: Knight, Andrew. 2006. \u201cSupersizing Farms: The McDonaldization of Agriculture.\u201d Pp. ???-??? in McDonaldization: The Reader, edited by G. Ritzer. Knight, Andrew and Drew Hyman. 2001. \u201cCitizen Participation in Political Decision Making Comparison of Deliberative Forums and Public Hearings.\u201d Pp. 113-131 in Rising Tide: Community Development Tools, Models, and Processes, edited by D. Bruce and G. Lister. Sackville (Canada): Rural & Small Town Programme COMMUNIQUES: Knight, Andrew. 2005. \u201cAlert Status Red: Awareness, Knowledge and Reaction to the Homeland Security Threat Advisory System.\u201d Journal of Homeland Security and Emergency Management 2 ( REVIEW: Knight, Andrew. \u201cBiotechnology and the Risk Society.\u201d Revise & Resubmit Society and Natural Resources. Knight, Andrew. \u201cRevising Cultural Theory: The Significance of Worldviews.\u201d Knight, Andrew and Drew Hyman. \u201cDeliberative Democracy and Representation: Comparing the Views of Public Issues Forum Attendees With Those of the Broader Public PROGRESS: Knight, Andrew. \u201cBenefits and Morality: An Examination of Public Perceptions of Agricultural Biotechnology Applications.\u201d Knight, Andrew. \u201cScience Fiction Social-Construction Analysis of Molecular Farming Regulations in Canada.\u201d Knight, Andrew. \u201cDifferences Between Perceived Knowledge and Objective Knowledge Measures in Perceptions of Biotechnology Applications.\u201d Knight, Andrew. \u201cThe Knowledge Gap: What Consumers Know and Think They Know About Biotechnology.\u201d Knight, Andrew. \u201cAesthetics, Values, and Support for Endangered Species.\u201d Knight, Andrew. Understanding Risk Perception. Book Manuscript. Knight, Andrew. Cheap Food at What Cost? The Hidden Risks Associated With Industrial Agriculture. Book Manuscript REVIEWS: Forthcoming. Review of Bronx Ecology: Blueprint for a New Environmentalism, by Allen Hershkowitz, Journal of Community Development Society. (Book Reviews continued) 2005. Review of Community, Democracy and the Environment: Learning to Share the Future, by Jane A. Grant, Environmental Practice 7(1): March. Review of Coal Human History, by Barbara Freese, submitted to Journal of Environment and Development PUBLICATIONS/REPORTS: 2004 McLean, William, Patrick A. Stewart, and Andrew Knight. Jonesboro Regional Chamber of Commerce Survey. Report submitted to Jonesboro Regional Chamber of Commerce. 2003 McLean, William, Andrew Knight, Patrick A. Stewart, Aaron Bolin, and David Saarnio. Survey Results on Tobacco Use, Attitudes, and Public Policies in Craighead County. Report Presented to Tobacco Free Coalition. 2002 Knight, Andrew. 2002. Afraid of Food? An Integrative Approach to Risk Perception. Dissertation. 1997 Salary figures of Alberta promotional materials. 1994 Knight, Andrew. 1994. Social Movement Theory and Environmentalism: An Exploration of the Resource Mobilization Perspective, the New Social Movement Theory and the Modern Environmental Movement in Canada, Britain and France. Master\u2019s thesis. 1992 Knight, Andrew. Foreign Aid\u2019s Role in Third World Development. Honors\u2019 paper PRESENTATIONS: 2005 Invited panelist on stakeholder issues with plant-made products. Conference on Plant-made Pharmaceuticals. Montreal, QC. January 30-February 2, 2005. Knight, Andrew. \u201cCoyote Ugly? Aesthetics, Affect, and Support for Endangered Species.\u201d To be presented at the Southern Sociological Society Annual Meeting. Charlotte, N.C. April 13-16, 2005. 2004 Knight, Andrew. \u201cRevising Cultural Theory: The Significance of Worldviews.\u201d Presented at Society for Risk Analysis Annual Conference. Palm Springs, CA. December 5-8, 2004. Knight, Andrew. \u201cThe Knowledge Gap: What People Know about Biotechnology.\u201d Presented at Agricultural, Food, & Human Values Society\u2019s Annual Conference. Hyde Park, NY. June 10-13, 2004. 2003 Knight, Andrew. \u201cScience Fiction? An Analysis of Plant Molecular Farming Regulations in Canada.\u201d Presented at Association for Politics and Life Sciences Annual Conference. Philadelphia, PA. August 28-31, 2003. Knight, Andrew. \u201cSupersizing Farms: The McDonaldization of Agriculture.\u201d Presented at the Arkansas Sociological Association 2003 Conference. Arkadelphia, AR. October 17, 2003. Knight, Andrew and Patrick Stewart. \u201cRegulating Biopharmaceuticals: Implications for Farmers.\u201d Presented at Rural Sociology Society Annual Conference. Montreal, PQ. July 27- 30, 2003. Stewart, Patrick and Andrew Knight. \"Fear versus Hope: The Environmental and Health Implications of Plant Made Pharmaceuticals.\" Presented at Association for Politics and Life Sciences Annual Conference. Philadelphia, PA. August 28-31, 2003. 2001 Knight, Andrew, Rex Warland and Robert O. Herrmann. \u201cDeterminants of Food Risks Multi-Approach Model.\u201d Presented at Rural Sociology Society Annual Conference. Albuquerque, NM. August 15-19, 2001. 2000 Knight, Andrew and Drew Hyman. \u201cCitizen Participation in Political Decision Making Comparison of Deliberative Forums and Public Hearings.\u201d Presented at Community Development Society Annual Conference. Saint John, NB. July, 2000 REVIEWER: Risk Analysis, Rural Sociology REVIEWER: Oklahoma Water Research Resources Institute EXPERIENCE: Feb. 1997 - Contract Researcher, ResearchWorks Inc. Dec. 1997 Calgary (Canada) April 1996 - Sept. 1996 \u00b0Duties included: writing proposals and reports; designed, pre-tested, and analyzed survey results; in-person and telephone interviews; on-line database searches and library research; focus group consultations; mystery shopping. \u00b0Completed projects included: feasibility studies, customer satisfaction studies, profile studies, program evaluation, salary surveys, employee surveys, membership surveys, and advertising evaluation. \u00b0Client list included: City of Calgary, transportation companies, tourism companies, manufacturing companies, land developers, non-profit organizations, professional associations, advertising agencies, communication companies, and service industries. Oct. 1997 - Contract Researcher, Aspen Market Research Services Dec. 1997 Calgary (Canada) Aug. 1996 - Sept. 1996 \u00b0Duties included: database set-up and management; writing reports; statistical analysis; \u00b0Completed projects included: internal survey on privatization of services, employee surveys, communication survey, focus group research. \u00b0Client list included: health services, international oil & gas companies, educational institutions, international telecommunications company, and national law firm. Oct. 1996 - Project Manager, Haines Elliott Marketing Services Inc. Jan. 1997 Calgary (Canada) \u00b0Duties included: overseeing and coordinating various market research projects; statistical analysis and market segmentation; survey design; proposal and report writing; focus group organization. \u00b0 Completed projects included: membership surveys, public opinion polls, program evaluation, mystery shopping, customer surveys, feasibility studies, and usage studies. \u00b0Client list included: Calgary Chamber of Commerce, professional associations, City of Calgary, educational institutions, food industries, political parties, and individual clients. Sept. 1996 & Contract Researcher, Inventure Management Limited Oct. 1997 Calgary (Canada) \u00b0Completed content analysis report of competitor advertising and promotional materials for international telecommunications company. \u00b0Data entry and preliminary analysis of study through Aspen Market Research Services Inc SERVICE: University: 2003-2005 University Bioscience Safety Committee 2004 University Honors Scholarship Competition Panel 2003 Moderator for Undergraduate Scholar\u2019s Day 2002 Arkansas Biosciences Committee. College: 2003-2005 Honors Advisory Committee 2003 Co-group leader, Honors trip to St. Louis. Department: 2003-2005 Department Evaluation Committee, Chair Department Technology Committee Department Undergraduate Curriculum Committee Department Graduate Curriculum Committee 2002-2005 Sociology Graduate Committee 2002-2003 Search committee for criminology position. Community: 2003-2004 Craighead County Literacy League DEVELOPMENT: 2004 National Science Foundation Workshop (ASU) 2003 Writing Research Proposals Workshop (ASU) 2002 Managing Grants Workshop (ASU) Advisor Training (ASU) Coping With Challenging Behaviors in the Classroom Workshop (UMO) Mentoring Students in a Research Environment Workshop (UMO) 2001 Research Grants Workshop (David G. Bauer) (UMO) Teaching for Social Involvement (UMO) Tips for Effective Syllabus Construction (UMO) (Professional Development Continued) 1999 The Penn State Course in College Teaching (PSU) 1997 Effective Teaching Techniques Seminar (MRC) Assessing Learning Seminar (MRC) Chairing Effective Meetings Seminar (MRC) Great Ideas for Teaching Students Seminar (MRC) Curriculum Perspectives Seminar (MRC) Classroom Culture and the Changing Student Seminar (MRC) Conflict Resolution: Interest Based Problem Solving Seminar 2004 Bare, Alison. \u201cAesthetics and Perceptions of Endangered Species.\u201d Chair, Honors senior thesis committee. Parks, Kelli. \u201cAthletes Views of Campus Life.\u201d Member Honors senior thesis committee. 2003 Dover, Michelle. \u201cPerceptions of Rape Myths Among Fraternities and Sororities.\u201d Chair, Honors senior thesis committee EXPERIENCE: 2003-2005 Center for Social Research \u2022 Manage budget and operation of 13 station telephone survey lab 2002-2005 Student advising for sociology majors. MEDIA/PUBLICITY: 2004 Blomeley, Seth. 2004. \u201cLake View Ruling Wrong, State Poll Says.\u201d Arkansas Democrat Gazette, April 28, 1A & 10A. KAIT8. Segment and interview on state educational reforms survey, April 28. \u201cTell Us How You Really Feel: The Center for Social Research Gets an Earful\u2014Gladly.\u201d Foundation News, Spring 2004: 10-11. Mortiz, Rick. 2004. \u201cPoll: Arkansas split on consolidation.\u201d Jonesboro Sun, April 28, 13A. KAIT8. Segment and interview on Center for Social Research, January 12. Pruitt, Sherry. 2004 program dials into funds to create opinion polling site.\u201d The Jonesboro Sun, January 9, 12A-13A. 2003 KAIT8. Segment and interview on results from Jonesboro Quality of Life Study on evening news, December 1. Pruitt, Sherry F. 2003. \u201cLocal study shows residents support public transit idea.\u201d The Jonesboro Sun, December 2, 10A and 11A. McBride, Linda. 2003. \u201cSurvey reveals opinions about Jonesboro.\u201d The Herald, December 4, 1 and 4. Pruitt, Sherry F. 2003 Professors Plan Biotechnology Study.\u201d The Jonesboro Sun, July 10, 1A and 2A. AFFILIATIONS: 2002- Environmental Sciences PhD Program, Arkansas State University 2005 Honors Program, Arkansas State University ASSOCIATIONS/ACTIVITIES: 2005 Agriculture & Human Values Society 2005 Society for Risk Analysis 1998-2005 Rural Sociological Society 2000-2005 Community Development Society 2003-2005 Southern Sociological Society 2004 Canadian Public Policy 2003-2004 Association for Politics and Life Sciences 2003-2004 Drug Information Association. AWARDS: 2000 Community Development Society Travel Award (PSU) 1992-1994 Teaching Assistantship (UWO) 1992-1993 Special University Scholarship (UWO) 1992 Admissions Scholarship 1992 (UWO) 1991-1992 Special Undergraduate Scholarship (UNB) 1990-1991 Richard Laurence Weldon Memorial Scholarship (UNB) 1990-1992 Dean's List 2/05 1709 Crepe Myrtle Drive Jonesboro, Arkansas 72401 Home Telephone (870) 935-8343 Work Telephone (870) 972-3048 Electronic Mail: ccreese@astate.edu Education and Related Achievements The University of Georgia Doctor of Public Administration, August 1995. Fields of Study: Public Budgeting and Finance, Public Policy, Public Administration. Dissertation: \"The Line-Item Veto in Southern States.\" Carl Vinson Institute of Government Graduate Research Assistantship, 1992-95. University-wide Graduate School Assistantship & Supplemental Stipend, 1989-92. The University of Memphis (formerly Memphis State University) Master of Public Administration, 1989. Concentration: general public administration. Thesis: \"The Effects of Foreign Direct Investment in Manufacturing on the Economic Health of Rural Tennessee Counties.\" Part-Time Master's Fellowship, 1988-1989. Rhodes College (formerly Southwestern at Memphis) Bachelor of Arts in Political Science, 1984. Emphasis: public policy studies and research. Honors Scholarship, 1980-84. Publications Watson, Douglas J. and Reese, Catherine C. \u201cThe Role of Human Resource Professionals in the Budgeting Process.\u201d Chapter 32 in Handbook of Practical Human Resource Management. 2nd edition. San Francisco: Jossey-Bass Inc., December 2004, pages 754-775. Reese, Catherine C. \u201cAn Analysis of Reasons for the Use of the Line-Item Veto in Southern States.\u201d Politics and Policy 32(4), December 2004, pages 614-635. Stewart, Patrick A.; Reese, Catherine C.; and Brewer, Jeremy. \u201cEffects of Prohibition in Arkansas Counties.\u201d Politics and Policy 32(4), December 2004, pages 595-613. Publications, cont. Reese, Catherine C. and Coe, Charles K. \u201c Budgeting Essentials for Human Resource Managers,\u201d Chapter 26 in Handbook of Practical Human Resource Management (San Francisco: Jossey- Bass Inc., Summer 1998), pages 536-558. Reese, Catherine C. \u201cThe Line-Item Veto in Practice in Ten Southern States,\u201d Public Administration Review (November/December 1997), pages 510-516. Grant Work Arkansas Employment Security Department, Employment and Training Services Division. Primary Investigator, May-September 2001. Drafted grant proposal, secured $80,000 funding. Directed the monitoring of Workforce Investment Act (WIA) and Welfare-to- Work (WtW) programs for five (out of ten) federally-designated Local Workforce Investment Areas (LWIAs) for the State of Arkansas, for compliance with federal and state laws, policies and procedures. Directed all human resources, budgeting, and other administrative activities, including selecting and training personnel, overseeing the researching of current federal and state laws, overseeing the preparation of employee reimbursements and monitoring all field activities. Arkansas Employment Security Department, Employment and Training Services Division. Co-Primary Investigator, with John S. Kaminarides of the College of Business at Arkansas State University, January - November, 2000. Drafted grant proposal, secured $140,000 funding. Phase I: directed the monitoring of Job Training Partnership Act (JTPA) and Welfare-to-Work (WtW) programs for seven (out of ten) federally-designated Service Delivery Areas (SDAs) for the State of Arkansas, for compliance with federal and state laws, policies and procedures (completed September 21, 2000). Phase II: Directed the evaluation of the effectiveness of Arkansas\u2019 WtW program, via surveying WtW program managers, former and current WtW participants, and employers of WtW participants (completed November 30, 2000). My administration of this grant included overseeing all budgeting, personnel, and communications related to grant activities throughout the duration of the grant. Dean\u2019s Professional Development Grant to attend the Government Finance Officers Association Meeting as a Delegate, in May 1999. Consulting Activities Arkansas Public Administration Consortium (APAC). Co-Instructor, with Mike Stormes, State Budget Director, for \u201cThe Budget Process\u201d workshop for APAC\u2019s Certified Public Manager Program, November 2001. Developed and implemented a one-day seminar for mid- level state and local government professionals on the theory and practice of public sector budgeting. Condrey & Associates, Inc Human Resources Consulting Firm for State & Local Governments. Consultant, August 2001. Conducted interviews and assisted with overall position classification for the personnel of the City of North Little Rock, AR. Consultant, April 2003. Conducted interviews and assisted with overall position classification for the personnel of the City of Jonesboro, AR. Work Experience Arkansas State University, Department of Political Science. Associate Professor of Public Administration, August 2002-present. Assistant Professor of Public Administration, August 1997-May 2002. Teaching graduate classes in Public Budgeting and Finance, Human Resources Administration, Administrative Behavior, and Intergovernmental Relations to M.P.A. students; upper-division undergraduate courses in Public Personnel Management, Public Budgeting Processes, State & Local Government, and State Government to Political Science majors; and undergraduate courses in Introduction to U.S. Government. New Mexico State University, Department of Government. Assistant Professor of Government, August 1995 - May 1997. Taught graduate courses in Public Budgeting, Public Financial Management, and Intergovernmental Relations to M.P.A. students; upper-division courses in State and Local Government and Municipal Government; and undergraduate courses in American Government. The University of Georgia Carl Vinson Institute of Government, Human Services Division. Educational Program Assistant, 1995; Graduate Research Assistant, 1989-1994. Assisted with the overall management of human resource management projects, including classification and compensation studies, performance-based pay systems, job-based performance appraisal systems, and related employee training sessions. Participated in various research projects, including the collection and analysis of survey data and design of personnel- related research. Assisted with the teaching of a graduate-level seminar in public personnel administration. The University of Georgia, Department of Political Science. Graduate Research Assistant, 1989-1992. Performed a variety of research, data analysis, editing, and teaching assistance tasks for two public budgeting and finance professors. Tennessee Department of Human Services, Memphis, TN. Human Services Eligibility Counselor, 1984-1989. Monitored and redetermined eligibility for and food stamp cases. Received exceptional performance ratings, 1985-1989. Member of Victory Advisory Committee, 1988. Member of the Department of Employment Security's Cultural Exchange Program, 1986. Unit representative to the Shelby County Employee Council, 1985-1989. Recording Secretary for Employee Council, 1988-89. Papers, Presentations & Other Conference Activities Author and presenter of research, \u201cWelfare Reform in Arkansas: The Importance of Inter- Agency Communication,\u201d at the American Society for Public Administration national conference in Phoenix, AZ, March 2002. Section Chair, \u201cPublic Administration and Policy,\u201d for the Arkansas Political Science Association Annual Meeting, Jonesboro, AR, February 2002. Duties include soliciting, organizing and assisting with the scheduling of papers and panels. Author and presenter of research, \u201cImplementation of the Welfare-to-Work Program in Arkansas,\u201d at the Southeastern Conference on Public Administration in Baton Rouge, LA, October 2001. Co-author and presenter of research, \u201cAlcohol Policy in Arkansas: Drinking in The Natural State,\u201d with Patrick A. Stewart and Jeremy Brewer, at the Arkansas Political Science Association Meeting, February 2001. Co-author of research, \u201cWet, Damp and Dry Study of Arkansas Counties and Alcohol-Related Crashes,\u201d with Jeremy Brewer and Patrick A. Stewart, at the Illinois Political Science Association Meeting, November 2000. Author and presenter of research, \u201cAn Analysis of Reasons for the Use of the Line-Item Veto in Southern States,\u201d at the Southeastern Conference on Public Administration in Miami, Florida, October 1999. Author and presenter of research, \u201cThe Line-Item Veto in Practice in Ten Southern States,\u201d at the Southeastern Conference on Public Administration in Miami, Florida, October 1996. Papers, Presentations and Other Conference Activities, cont. Co-author and co-presenter of research, \"Implementing Federal Mandates in Times of Fiscal Stress: The Case of the Americans with Disabilities Act of 1990,\" with Stephen E. Condrey, at the Cutback and Change Management Conference in Honolulu, Hawaii, October 1994. Co-author and presenter of research, \"The Line-Item Veto in Georgia: Incidence and Fiscal Effects,\" with Thomas P. Lauth, at the Georgia Political Science Association Conference in Savannah, Georgia, February 1993. Discussant for panel, \"Privatizing Pay Administration: Implementation of Merit-Based Compensation Systems in the Public Sector,\" at the Southeastern Conference on Public Administration in Montgomery, Alabama, October 1992. Author and presenter of research, \"U.S. State Debt Issuance Mix: The Demise of General Obligation Issuance?\" at the Southeastern Conference on Public Administration in Charlotte, North Carolina, October 1991. Presenter of research, \"Qualitative vs. Quantitative Performance Standards: Implications for Managerial Appraisal Systems,\" for Stephen E. Condrey, at the Southeastern Conference on Public Administration in Charlotte, North Carolina, October 1991. Author and presenter of research Review of the Literature on Economic Recovery Following Disasters in the U.S.,\" at the Southeastern Conference on Public Administration in Clearwater Beach, Florida, October 1990. Participant for panel, \"Women in Government: Beyond the Glass Ceiling?\" at the Southeastern Conference on Public Administration in Clearwater Beach, Florida, October 1990. Participant for panel, \"Foreign Direct Investment in Poor Areas of the Advanced Industrial Countries,\" at the Convention of the International Studies Association in London, March 1989. Co-author and presenter of research, \"Foreign Direct Investment: The Impact on Social Services and Human Resources,\" with Ellen Rosell, at the Western Social Sciences Association meeting in Denver, Colorado, April 1988. Courses Taught Graduate (MPA) Courses Public Budgeting and Finance Seminar in Human Resources Management Administrative Behavior Public Budgeting Public Financial Management Intergovernmental Relations Upper-Division Undergraduate Courses State and Local Government Public Budgeting Process Public Personnel Administration Urban Politics State Government Lower-Division Undergraduate Courses Introduction to United States Government Professional Manuscript Reviewing Service Activities Reviewer/referee of journal articles at the request of The American Review of Public Administration, 1999 - present. Reviewer/referee of journal article at the request of the Public Performance and Management Review, 2002. Reviewer/referee of journal articles at the request of the International Journal of Public Administration (Jack Pinkowski, ed.) for symposia under Theme #1: \u201cDevelopments in State and Local Finance,\u201d 2001-2003. Reviewer/referee of journal articles for the academic year at the request of the Midsouth Political Science Review, 1998-2000. Reviewer/referee of journal articles for the academic year at the request of the Social Science Journal, 1997-1998. Reviewer/referee of journal articles at the request of the Public Administration Review, 1996. University and Community Service Activities Member of the Departmental Promotion and Tenure Review Committee, 2001-2005. Chair, 2002-2005. Member of the Arts and Humanities Dean Search Committee, 2002-2003. Co-Chair of the Faculty Search Committee, 2002. Member of the Heritage Studies Ph.D. Program Committee, 2001-present. Duties include assisting with decisions on admissions, graduate assistantships, course proposals, and program policies. Representative for the Arkansas Public Administration Consortium (APAC) at the Arkansas City Managers Association conference in Bella Vista, AR, November 2000. Presented scholarship awards on behalf of to students from and UALR. Faculty advisor/initiator, Arkansas State University Chapter of Pi Alpha Alpha, The National Honor Society for Public Affairs and Administration, 1998 - present. Coordinator/discussant for panel, \u201cWomen and the Blues,\u201d for the Delta Blues Symposium, at the Delta Blues Symposium, Jonesboro, Arkansas, April 2000. Member of the Advisory Committee for the Grant in support of the Governor\u2019s Partnership for Families and Children, 1999 - present. Member of the Student Grievance Committee for the College of Arts and Sciences, 1999 - 2002. Member of the General Education Committee for ASU, including the Sub-Committee on Outcomes Assessment, 1999. Volunteer member of the Delta Studies Symposium Committee at ASU, 1997 - 2002. Author of Environmental Policy Processes course proposal, 1998; reviewer of Ph.D. applications for the Environmental Sciences program, 1997 - 1998. Reviewer/judge for the New Mexico Municipal League to award Quality of Service recognition to local governments throughout the state, Summer 1996. Faculty advisor/initiator, New Mexico State University Chapter of Pi Alpha Alpha, 1996-1997. Continuing Education Government Finance Officers Association Annual Conference delegate, May 1999, Nashville, Tennessee. New Media in the Classroom Workshop participant, January 1998, Arkansas State University. Writing Across the Curriculum seminar participant, May 1997, New Mexico State University. Other Achievements Nomination for Board of Trustees Faculty Achievement Award for Teaching by Department of Political Science, 2002. Outstanding Young Woman of America Award, 1997. Who\u2019s Who in the South and Southwest, 1997. Other Achievements, cont. Nomination for Best Graduate Student Paper Award for the Section on Budgeting and Financial Management, 1992. Best Student Paper 1991 Award at the Southeastern Conference on Public Administration in Charlotte, North Carolina, 1991. United States Presidential Management Internship Program Finalist, 1989 (deferred). Award for Productivity Improvement Suggestion, Tennessee Department of Human Services, 1988. Membership in Professional Organizations American Society for Public Administration & Association on Budgeting and Financial Management. & Section on Personnel Administration and Labor Relations. & State of Arkansas Chapter. Membership in Professional Organizations Government Finance Officers Association. Pi Alpha Alpha (National Honor Society for Public Affairs and Administration) Initiator/Faculty Sponsor of Arkansas State University chapter, 1999 - present. Co-Initiator/Faculty Sponsor of New Mexico State University chapter, 1997. President of Memphis State University chapter, 1988-89. Arkansas Political Science Association Doctor of Philosophy in Political Science (198 7)--University of Georgia Specialties: Methodology/Statistics, American Government, Public Law, Political Philosophy Master of Public Administration (1980)--University of Georgia Specialties: Statistics, Criminal Justice Bachelor of Arts (1964)\u2014-Marquette University Major: Philosophy Academic Associate Professor, Political Science Department, Arkansas State University, 1991- Present Assistant Professor, Political Science Department, Arkansas State University, 1987-1991 Assistant/Associate Professor (Adjunct), Political Science Department, Rhodes College, various years Instructor, Political Science Department, Arkansas State University, 1984-1987 Instructor, Political Science Department, University of Mississippi, 1983-1984 Teaching and Research Assistantships, Political Science Department, University of Georgia, 1979-1983 Research Assistant, Survey Research Center, University of Georgia, 1981-1983 Research Assistant, Institute of Government, University of Georgia, 1979-1981 Nonacademic Owner, Electoral Geodemographics, 1999-Present: Providing redistricting services to state and local government, expert witness services to counsel in redistricting actions, and election services to candidates for state and local positions. Partner, Landmark Associates, Jonesboro, AR, 1987-1991: Providing campaign services to state and local candidates. Superintendent, Georgia Industrial Institute, Department of Offender Rehabilitation, Alto, GA, 1973-1979: Supervise, coordinate, and bear responsibility for all activities of a highly complex, 1200 man adult maximum security correctional institution rurally located on 1000 acres and with a staff of 350. Superintendent, Georgia Training and Development Center, Department of Offender Rehabilitation, Buford, GA, 1972-1973: Supervise, coordinate, and bear responsibility for all activities (security, administrative, support, therapeutic) of a complex 200 inmate adult correctional institution with a staff of 80. Coordinator of Social Services, Department of Offender Rehabilitation, Atlanta, GA, 1972: As second-in-command of the Social Services Program participated in the development of the operational aspects of this therapeutic pilot endeavor. Consultant, Department of Offender Rehabilitation, Atlanta, GA, 1972: During this period acted as the Assistant to the Deputy Director for Research, Planning, and Program Development. Duties included all personnel functions, budgeting, analysis of existing and proposed programs for the prisons, and coordination of the research and planning tasks. Captain, United States Marine Corps, Various Locations, 1964-1971 Refereed Publications Bullock III, C. & England, D.E. (1992). Prescriptive committee seats in Congress. Midsouth Political Science Journal U, 285-308. Winkle, J. & England, D.E. (1992). Clerks in the civil justice process. Midsouth Political Science Journal, 13, 239-252. England, D.E. (1990). Developments in prison administration. In J.W. Murphy & J.E. Dison (Eds.), Are Prisons Any Better?. (pp. 61-75). Newbury Park: Sage Publications. Vanagunas, S. & England, D.E. (1988). Prison crowding: Its ramifications may be broader than we think. CorrectionsToday, 50, 196-199. Levenbach, F.D., England, D.E., & Hartwig, C. (1988). Introduction to U.S. Government: Prior levels and correlates of political knowledge. Arkansas Political Science Journal, 8, 41-61. England, D.E. & Bullock III, C. (1986). Prescriptive seats revisited. American Journal of Political Science, 30, 496-502. Call, J.E., England, D.E. & Talarico, S. (1983 note on the abolition of plea bargaining. Journal of Criminal Justice, 11, 351-358. Mono graphs England, D.E. & Shedd, M.E. (1982). Alternatives to Incarceration. Institute of Government, University of Georgia: Athens Call, J.E., England, D.E. & Taylor, E. (1981). The First Step to Justice: The Justice of thePeace in Georgia. Institute of Government, University of Georgia: Athens Book Reviews Ingelhart, Louis E. 1997. Press and Speech Freedoms in America, 1619-1995 Chronology. Reviewed in The Law and Politics Book Review, January, 1998. Recent Papers Presented The Supreme Court and the Myth of Legislative District Compactness, presented at the Annual Meeting of the Arkansas Political Science Association, Little Rock, AR, February 18-19, 2000 Expert Witness Activities Consultant, Forrest City School District, 1997-1998. Provided demographic information and evaluation of districting schemes in Brown et al. V. Forrest City School District. Consultant/Expert Witness, Walton et al. v. City of Conway, 1997. Provided consulting and affidavits for the Arkansas Municipal League acting as counsel for the respondent. Expert Witness, Perkins et al. v. City of Helena, 1997. Provided testimony and demographic analyses for case brought under the Voting Rights Act. Consultant/Expert Witness, Newport School District, 1994-1996. Provided demographic affidavits inanalMcFarliysesnv.Newpor tSchoolDistrict,analiBialmitst a case bought under the Voting Rights Act. Retained by Brazil, Adlong, Murphy and Osment, respondent's counsel. Consultant/Expert Witness, West Memphis School District, March, 1993. Provided demographic and voting analyses for the school district in a case brought under the Voting Rights Act. Consultant, Harvell et al. v. Ladd et al., November, 1991. Provided demographic consulting for appeal to the 8th U.S. Court of Appeals. Retained by the firm of Friday, Eldredge and Clark, respondent's counsel. Expert Witness/Consultant, Harvell et al. v. Ladd et al., August, 1990-November, 1990. Provided affidavits for defendants in this suit brought under Sect. 2 of the Voting Right Act of 1965. Provided information as to the demographic makeup of the Blytheville School District, racial voting patterns, and suggested election district boundaries. Retained by the firm of Friday, Eldredge, and Clark, defendant's counsel. Consultant, West Memphis School Board, June, 1989-February, 1990. Develop demographic information for the school district and advise the Board on the design of voting zones, wards, and precincts that meet legal requirements under Section 2 of the Voting Rights Act of 1965. Retained by the firm of loan, Rubens, and Peeples, the Board's counsel. Expert Witness, State Banking Commission Hearing, November, 1988-December, 1988. Admitted as expert witness and provided testimony before the State Banking Commissioner in a hearing on a bank expansion decision. Provided information on population and wealth growth patterns for the town of Marion in Crittenden County, AR. Retained by the firm of Rieves and Mayton, counsel for the Citizen's Bank of Marion. Expert Witness, Elbert et al. v. Clinton, January, 1988-April, 1988. Provided affidavits and testimony in special three-judge U.S. District Court sitting in Little Rock for Gov. Clinton and the Arkansas Board of Apportionment in this suit brought under Sect. 2 of the Voting Rights Act of 1965. Provided information as to the demographic makeup of House of Representative Districts 48 and 49. Retained by the Attorney-General of Arkansas, defendant's counsel. Redistricting Activities Consultant to the following school districts in the drawing of their election zones based on the 2000 Census: Rison School District Waldo School District Walker School District Barton-Lexa School District Osceola School District South Mississippi County School District Lee County School District West Memphis School District Marion School District Stephens School District Hampton School District Harmony Grove School District Bearden School District Jonesboro School District Marvell School District Stuttgart School District Ashdown School District Parkin School District Hughes School District Consultant to the following counties in the drawing of their election zones based on the 2000 Census: Lee County Phillips County Consultant to the following school districts in the drawing of their election zones based on the 1990 Census: Bearden School District Wynne School District East Poinsett County School District Holly Grove School District Barton-Lexa School District Jonesoro School District Elaine School District Hughes School District Newport School District Osceola School District Marvell School District South Mississippi County School District Marion School District West Memphis School District Parkin School District Helena-West Helena School District Consultant to the following counties in the drawing of their election zones based on the 1990 Census: Lee County Poinsett County Other Consulting Activities Campaign Manager/Consultant, Congressional Campaign, January1989-June, 1990. Responsible for strategy and tactics, coordination of media with advertising agency, polling, fundraising, direct mail, etc. in a race in the First Congressional District of AR. (While on leave from ASU) Consultant to the Jonesboro Civil Service Commission, December, 1987-1993. Developed and administered promotional examinations for the Jonesboro Fire Department. Political Consultant, July, 1987-December, 1991. Provided political consulting services to campaigns in Arkansas and Shelby County, TN. Services varied from campaign to campaign but included, in general, strategy and tactics, media design and placement, polling, organization, fund-raising, direct mail, etc. The following is a partial list of Arkansas races in the 1990 election year: State Senate\u2014-Districts 19, 27, 30, 32; State House--Districts 6, 20, 73, 74, 80; County Judge--St. Francis County, Lee County; Circuit Judge-- Judicial District 1; Circuit/Chancery Judge\u2014-Judicial Districts 1, 2, 3, 16; Mayor-\u2014West Memphis, Jonesboro, Forrest City, Marianna, Osceola, Batesville David R. Harding, Jr. Academic Degrees 1985 B.A. Political Science University of Missouri-Columbia 1991 Ph.D. Political Science Ohio State University Professional/Occupational Experience August 1991 -August 1992 Instructor, Political Science Rutgers University, Department of Political Science August 1992 -August1999 Assistant Professor of Political Science and Public Administration Arkansas State University, Department of Political Science December 1997 - August1999 Interim Director, Environmental Science Ph.D. Program Arkansas State University, Department of Political Science August 199 9 -Present Associate Professor of Political Science and Public Administration Arkansas State University, Department of Political Science January 2001 Present Director, University Teaching and Learning Center Publications \"Partisan Commitment Research Note.\" 1991. with Richard G. Niemi and Herbert F. Weisberg. Political Behavior 13:213-221. Associative Memory Structure and the Evaluation of Political Leaders. 1991. Dissertation. Ohio State University. Arkansas Regionalism and the Indirect Effects of Culture. 1997. with F. David Levenbach. Coauthor: F. David Levenbach. Midsouth Political Science Review. Appearance and Transparence in Attitudes Toward Gun Control. 1998. in The Changing Politics of Gun Control, John Bruce and Clyde Wilcox, eds. Rowman and Littlefield Utilization of the by City and County Governments in the State of Arkansas. 1999. with S.G. Lesh. Public Administration and Management: An Interactive Journal [http :// .com/] Regulating the New Agriculture Biotechnology by Managing Innovation Diffusion. 2002. with P.A. Stewart and E. Day. American Review of Public Administration 32: 78-99. Attitudes Toward Gun Control Conservatism and Gun Control General Social Survey Liberalism and Support for Gun Control National Opinion Research Center Ideologies Cons ervativ e and Lib eral \u2014 in The Encyclopedia of Guns and Society. G. Carter, ed. NY: ABC/Clio. Forthcoming Membership in professional organizations American Political Science Association Arkansas Political Science Association (member, former member of Board of Directors) Midwest Political Science Association Northeast Arkansas Environmental Association (Board of Directors 1998-2000; President 2000-2002) Professional and Organization Development Network Society of Environmental Toxicology and Chemistry Major Grants/Consulting Projects Northeast Arkansas Earthquake Preparedness Study. Spring, 1994 Funding: Central U.S. Earthquake Consortium Telephone survey of over 900 households in northeastern Arkansas. Data for use by state and local officials as they formulate efforts to educate and prepare citizens for the disruption resulting from severe seismic activity. With Dr. David Vosburg. Arkansan's Attitudes Toward Gaming. Summer, 1994 Funding: College of Arts and Sciences, Arkansas State University Telephone survey of over 600 Arkansans. An academic project to investigate the antecedents of voter support or opposition to legalization of casino gambling, lotteries, and bingo. With Dr. David Levenbach. Community Attitude Survey, City of Pocahontas. Spring, 1997 Survey of approximately 500 residents of the city, concerning attitudes towards various economic and community development strategies. Jonesboro Earthquake Awareness and Preparedness Survey. Fall 1998 Conducted as part of a joint effort with Dr. David Levenbach, in conjunction with 3003 and an honors seminar on Earthquakes. Lengthy telephone survey of approximately 500 households in the city of Jonesboro. Evaluating Project Hope. 1998-2000 Federal grant ($74,082 from the National Institute of Justice) for the evaluation of a drug elimination program in Jonesboro Public Housing. Research and data collection on the success of the drug elimination program and the relationship between residents of public housing, the officials of the housing authority, and Jonesboro Police officers in the program. An Evaluation of the Arkansas Welfare to Work Program. 2000. Collected and analyzed survey data from program participants and administrators for the State of Arkansas. With Dr. Catherine Reese, Dr. John Kaminarides and Eva Stewart. Down on the Delta: Economic Adjustment Strategy Grant. 2001 Summary and analysis of existing literature on economic development projects in the Arkansas Delta for the Arkansas State University Economic Development Authority University Center. With Dr. Patrick Stewart and Dr. Michael Morrell. Delta Devolution Project. 2001-2002 Surveys and Focus Group Interviews of former and current welfare recipients in five Delta counties in Arkansas. Sponsored by Children s Defense Fund. With Dr. George Lord, Dr. Gretchen Hill, Dr. Dick Freer. William P. McLean Work Address _______ Department of Political Science Arkansas State University Wilson 421 State University 72467 Phone: (870) 972-3048 Email: wmclean@astate.edu Home Address _______ P.O. Box 4253 State University 72467 Publications 2002. (forthcoming Fall) Southern Distinctiveness Over Time: 1972-2000 with Tom W. Rice and Amy Larsen, American Review of Politics. 2001. Performance and Race in Evaluating Minority Mayors with Susan E. Ho well Public Opinion Quarterly, Vol. 65, Number 3, pp. 321-43. Revise and Resubmit Psychological Attachment to the American South at Sociological Spectrum (with Tom Rice and Angela Reams) Under Review Will the South Rise Again?: Southern Nationalism Among Whites in the Contemporary South at American Review of Politics (with Tom Rice) In Progress Inspector Discretion in the Street-Level Enforcement and Implementation of Regulat ory Po Key Is Attitude Congruence Important?: The Importance of Agency-Inspect or Cohesion in Obtaining Regulatory Compliance ) Objective v. Subjective: Public Opinion Regarding Rural Service Delivery Is Tiebout s Theory Applicable?: Markets and Choices in Rural Service Delivery Research Reports ___________ St. Tammany Growth and Development Survey. Susan E. Howell, William P. McLean, and Matthew Vile. Survey Research Center, University of New Orleans, September 1999. Public Opinion on the Third Term City Charter Amendment. Susan E. Howell, William P. McLean, and Virginia M. Haysley. Survey Research Center, University of New Orleans, April 1999. 1998 Quality of Life Survey in Orleans and Jefferson Parishes, Louisiana. Susan E. Howell, William P. McLean, and Virginia M. Haysley. Survey Research Center, University of New Orleans, December 1998. Proud to Call it Home Confidential Report to the Young Leadership Council Of New Orleans. Susan E. Howell and William P. McLean. Final Report to the Young Leadership Council. Survey Research Center, University of New Orleans, December 1998. Evacuation Behavior in Orleans and Jefferson Parishes, Louisiana for Hurricane Georges Susan E. Howell, William P. McLean, and Virginia M. Haysley. Survey Research Center, University of New Orleans, November 1998. Citizen Evaluation of the Louisiana Courts Report to the Louisiana Supreme Court. Susan E. Howell, William P. McLean, Thomas C. Shaw, and Rosalind B. Cook. Survey Research Center, University of New Orleans, June 1998. Convention Participation ____ 2002. Regulatory Compliance: The Role of Bureaucratic Discretion, Enforcement Styles, and Agency Capacity presented at the Annual Meeting of the Midwest Political Science Association, Chicago, IL: April 23-7. 2002. Southern Distinctiveness Over Time: 1972-2000 presented at The Citadel Symposium on Southern Politics, Charleston, SC: March 13-17. 2003. Discussant for panel Policy Implementation and Analysis at the Annual Meeting of the Midwest Political Science Association, Chicago, IL: April 23-7. 2001. Will the South Rise Again?: Southern Nationalism Among Whites in the Contemporary South presented at the Annual Meeting of the Southern Political Science Association, Atlanta, GA: November 7-11. 2001. Inspector Discretion in Street-Level Regulatory Enforcement and Implementation presented at the Annual Meeting of the Midwest Political Science Association, Chicago, IL: April 19-22. 2000. Does Religiosity Matter? Psychological Involvement and Campaign Activity in National Elections presented with Randolph Burnside at the Annual Meeting of the American Political Science Association, Washington, DC: August 30-September 3. 2000. Music Is Not the Only Thing Going Alternative, So Is the President: Explaining the Use of Executive Agreements presented at the Annual Meeting of the Midwest Political Science Association, Chicago, IL: April 25-29. 1999. Performance Models and Minority Mayors presented at the Annual Meeting of the American Political Science Association, Atlanta, GA: September 2-5. 1999. Executive-Legislative Conflict: The Use of Veto Overrides presented at the Annual Meeting of the Midwest Political Science Association, Chicago, IL: April 15-17. 1998. Explaining Outputs of the Environmental Protection Agency presented at the Annual Meeting of the American Political Science Association, Boston, MA: September 3-6. Employment Summer 2002-Present Assistant Professor of Public Administration, Arkansas State University Responsible for teaching courses in the Department of Political Science and the Master of Public Administration Pro gram. Fall 2000-Spring 2002 Assistant Professor of Political Science and Public Policy, University of Northern Iowa Responsible for teaching courses in the Department of Political Science and Master of Public Policy program. In addition have been directing the Department of Political Science undergraduate program in Public Administration. Furthermore currently supervise the Department of Political Science internship program (about 25 students per year). January 1998 May 2000 Senior Research Associate, Survey Research Center; University of New Orleans Responsible for training interviewers, design, computer setup, conducting and analyzing polls, and writing reports for polls conducted by the Survey Research Center (SRC). In addition to private contract work, the conducts regular statewide polls for national elections and regular local polls regarding the quality of life and politics in the New Orleans metro area. The uses both (windows based computer assisted telephone interviewing) and CI3 (questionnaire authoring) software to conduct its polls. In addition, in this position am also responsible for conducting tutorials and providing assistance for the following software supported by the for Windows for systems, CATI, and other various applications. Aug. 1996-Dec. 1997 Graduate Teaching Assistant; University of New Orleans Worked for three semesters exclusively as a Teaching Assistant. Instructor of Record as noted above in course descriptions. Class sizes varied between as few as twenty and as many as forty students. Jan. 1995- Dec. 1995 Graduate Teaching Assistant; Arkansas State University Worked two semesters exclusively as a Teaching Assistant. Instructor of Record as noted above in course descriptions. Class sizes ranged from as few as twenty-five students to as many as seventy-five students. Aug. 1994-Dec. 1994 Graduate Research Assistant; Arkansas State University Worked one semester as a research assistant for a professor conducting research on Congress before being recommended to teach. Consulting Assignments January-November, 1999-2000. Carol Castille for Sheriff Campaign, Lafayette, LA. Providing consultation on the design, implementation, and analysis of various tracking/issue polls and campaign strategies. Contact: The Group. R. Michael Brown: 225-752-0806. 1999. Critical Sites on the North Shore of Lake Ponchartrain. Funding provided by the Environmental Protection Agency and the Lake Ponchartrain Basin Foundation. Contact: John Sutherlin 225-752-3604. 1997. Wastewater Management Plan: Technical, Financial, and Institutional Considerations. Funding provided by the Lake Ponchartrain Basin Foundation. Contact: Juan Josse 504-283-6666. 1997. Wastewater Management Plan for Tangipahoa Parish, Louisiana. Funding Provided by the Environmental Protection Agency and the Lake Ponchartrain Basin Foundation. Contact: John Sutherlin 225-752-3604. Courses Taught 940: 174(g) Public Personnel Administration, Spring 2001 University of Northern Iowa (UNI). Course is a combined class of master and undergraduate degree students. This course is an introduction to public human resource management from a skills-based, performance oriented perspective. Materials covered in this class help students develop job related competencies and prepare students for public service careers 940: 173(g) The Public Policy Process, Fall 2000, Fall 2001 University of Northern Iowa (UNI). Course is a combined class of master and undergraduate degree students. The focus is upon the policy-making process beginning with issue identification and continuing through program evaluation with students applying techniques of program evaluation to current policies and proposed policies 940:014 Introduction to American Politics, Fall 2000, Spring 2001, University o f Nort hern Io wa I). Cour se focu ses on t he fundamental of American Government including the Presidency, Legislative, and Judicial branches as well as American political theory, democracy, political participation and policy 940:015 American Government in a Comparative Perspective, Fall 2001, (UNI). The course engages in comparisons of contemporary political institutions, processes and ideas in the United States and other selected countries 2900 Methods of Political Research, Fall 1999 Instructor of Record (UNO). Course focuses on introducing undergraduates to the basics of political research including the following: scientific method, research design, measurement, polling techniques (design and implementing work carried out in the Survey Research Center introductory statistics (frequencies, crosstabulations, correlations and bivariate regression) using 2151 Introduction to American Government, Fall Spring 1996, Spring 1997, Fall 1997 Instructor of Record (UNO). Course focuses on the fundamental of American Government including the Presidency, Legislative, and Judicial branches as well as American political theory, democracy, political participation and policy 2103 Introduction to American Government, Spring 1995, Fall 1995 Instructor of Record for two sections (ASU). Course focus is generally the same as listed above in 2151. Scholarly Activities Reviewer, Journal of Politics Reviewer, American Review of Politics Reviewer, Politics and Policy Member, Pi Sigma Alpha, National Political Science Honor Society (past chapter president). Member, Pi Gamma Mu, International Social Science Honor Society (past chapter vice- president). Member, American Political Science Association Member, Midwest Political Science Association Member, Southern Political Science Association Member, Policy Studies Organization Member, Iowa Political Science Association Grants Edward I. Artinian Award, Southern Political Science Association, $250 College of Social and Behavioral Sciences, Deans Summer Research Grant, Summer 2001, $4100 American Political Science Association, Advanced Graduate Student Travel Grant, 1999, $200 University of New Orleans Student Government Association, Graduate Student Travel Grant, 2000, $300 University of New Orleans Student Government Association, Graduate Student Travel Grant, 1999, $400 University of New Orleans Survey Research Center, Graduate Student Travel Grant, 1999, $250 University of New Orleans Student Government Association, Graduate Student Travel Grant, 1998, $400 References Dr. Steven A. Shull Dr. Susan E. Ho well Department of Political Science Director Survey Research Center University o f New Or leans University o f New Or leans New Orleans 70148 New Orleans 70148 Phone: (504) 280-6463 Phone: (504) 280-6057 Fax: (504) 280-3838 Fax: (504) 280-3838 Email: sshull@uno.edu Email: sehowell@uno.edu Dr. Charles D. Hadley Dr. Tom W. Rice Department of Political Science Department of Political Science University of New Orleans University of Northern Iowa New Orleans 70148 Cedar Falls 50614 Phone: (504) 280-6456 Phone: (319) 273-7049 Fax: (504) 280-3838 Fax: (319) 273-7108 Email: cdhadley@uno.edu Email: tom.rice@uni.edu Dr. Aurelian Craiutu Dr. Raymond J. Burby Department of Political Science Professor of City and Regional Planning 210 Woodburn Hall Department of City and Regional Planning Indiana University University of North Carolina at Chapel Hill Bloomington 47405 Campus Box 3140 Phone: (812) 855-6308 Chapel Hill 27599-3140 Fax: (812) 855-2027 Phone: (919)962-4774 Email: acraiutu@yahoo.com Fax: (919) 962-5206 Email: burby@email.unc.edu Home Address: Work Address: P.O. Box 981 Departmen t of Political Science State University 72467 P.O. Box 1750 (870) 933-0907 State University 72467 e-mail: pstewart@astate.ecu (870) 972-3048 Ph.D. Political Science, Northern Illinois University, DeKalb, IL. 1998. M.A. Political Science, University of Central Florida, Orlando, FL. 1991. B.A. Political Science, University of Central Florida, Orlando, FL. 1988 . Certificate in Canadian Studies, Florida-Canada Institute, University of Central Florida. 1991. Certificate in Spanish Studies, Universidad Nacional de Educacion a Distancia, University of Madrid, Denia, Spain. 1985 Director, Masters of Public Administration (MPA) Program: Arkansas State University, State University, AR. 2000-present. Represent on Arkansas Public Administration Consortium (APAC) Board of Directors. Assistant Professor of Public Administration: Arkansas State University, State University, AR. 19 98-p resent. Research Assistant: Center for Agriculture in the Environment, American Farmland Trust, DeKalb, IL. 1992-1998. Assistantship Research: state and local land use policy, farmland taxation policy, determinants of land value, federal agricultural policy. Teaching Assistant: Political Science Department, Northern Illinois University. 1995-1997. Adjunct Professor: Valencia Community College. 1991-1992. Research and Administrative Assistant to the Director: Florida-Canada Institute, University of Central Florida. 1991-1992. Graduate Assistant: Political Science Department, University of Central Florida. 1990-1991. Intern: Canadian Government Trade Office, Orlando, FL. Summer 1990. Director of Facility: Eastbrook YMCA, Winter Park, Fl. 1987-1988 Introduction to American National Government (Undergraduate): Arkansas State University, Fall 1998,1999,2000; 2001; 2002; Spring 1999, 2000, 2001, 2002; Summer 1999, 2000; Valencia Community College, Fall 1991, Spring and Summer 1992. Introduction to Public Policy (Undergraduate): Arkansas State University, Fall 19 98, 1 999, 2001; Northern Illinois University. Spring 1995. Political Psychology (Undergraduate): Arkansas State University, Summer 2002. Policy Analysis and Program Evaluation (Graduate): Arkansas State University, Fall 1998, 1999; Spring 2001, 2002. Techniques of Political and Public Administration Research (Graduate): Arkansas State University, Spring 1999. Environmental Law and Administration (Graduate): Arkansas State University, Spring 2000; Fall 2001. Decision Making (Graduate): Arkansas State University, Summer 2000, 2001, 2002. Environmental Policy (Graduate): Arkansas State University, Fall 2000 Anil Baral. Improvement of Trivalent Chromium Electroplating Baths and Their Environmental, Economic and Policy Implications. Environmental Science Ph.D. Thesis. Ongoing. William Stephens. Biomonitoring the Effects of Nutrient Loading From Aquaculture Effluents in Southeastern United States. Environmental Science Ph.D. Thesis. Ongoing. Franck Waota. Economic Sanctions and Foreign Policy: What We Have Learned from 76 Years of Economic Sanctions. Political Science Masters of Arts Thesis. Fall 2000 Project BRIDGE: Community Building for Northeast Arkansas. Received $85,440 Grant from Community Development Work Study Program. Principal Investigator. Funded2001-2003. Down on the Delta: Economic Adjustment Strategy Grant Secondary Analysis. Received $7,000 consulting fee from Arkansas State University Economic Development Authority University Center. Shared consulting duties with David R. Harding and Michael Morre ll. Funded Spring 2001. Integration of Cover Crops into Pest Management Systems. Coauthor with Seth M. Dabney, Abdullah F.H. Muhamad, Tina Gray Teague, Mark J. Cochran, N.P. Tugwell, and Gordon Snodgrass. $141,000 Grant from Southern Region SARE. Unfunded. Identification of Metrics Sensitive to a Rural Com munity-Based Conservation Initiative. Coauthor with Richard Grippo, Jerry Farris, David Harding, Ronald Johnson and Cristi Milam. $816,743 Grant from EPA/USDA/NSF. Unfunded. (May 1999 Community-Based Conservation Initiative in the Strawberry River Watershed. Coauthor with David Harding, Richard Grippo and Virginia Sullivan. $97,890 Grant from Region 6. Unfunded. (April 1999) Non-Market Benefits of Farmland: Flood Attenuation 825 618-01-0). Received $25,000 Grant from EPA's Office of Policy, Planning and Evaluation as part of Quantifying the Non- Farm Benefits of Farmland project. Funded 1997-1998 Defining residen tial Mo men t: 9/11 and the Ra lly Effec t. James N. Schubert, Patrick A. Stewart and Margaret A. Curran. Political Psychology. September 20 02. Vol. 23(3): 559-583. (Refereed) Regulating the New Agricultural Biotechnology by Managing Innovation Diffusion. Patrick A. Stewart, David Harding and Esther Day. American Review of Public Administration. March 2002 Vol.32(1):78-99. (Refereed) Consumption Choices Concerning Genetically Engineered, Organically Grown and Traditionally Grown Foods: An Experiment. Knowledge, Technology and Policy. Summer 2000 Vol.13(1):58-69. Factors Affecting the Adoption of New Techno logies. A. Ann Sorensen, Esther Day and Patrick A. Stewart Eds. George G. Kennedy and Turner B. Sutton. Emerging Technologies for Integrated Pest Management: Concepts Research and Implementation Press, St. Paul, MN. 2000. 12-31 Federal Uncertainty or Inconsistency? Releasing the New Agricultural-Environmental Biotechnology Into the Fields. Patrick A. Stewart and Ann Sorensen. Politics and the Life Sciences. March 2000, Vol.19(1):77-88. (Refereed) Chapter 4: The Economics of Farmland Conversion. Lawrence W. Libby and Patrick A. Stewart. Under the Blade: The Conversion of Agricultural Landscapes. Eds. R.K. Olson and T.A. Lyson. University of Nebraska Press, Lincoln, NE. 1999. Determ inants of Farmland Value: The Case of DeKalb County, Illinois. Patrick A. Stewart and Lawrence W. Libby. Review of Agricultural Economics. Spring/Summer 1998, Vol.20(1 ):80- 95. (Refereed) Decision-Making Under Uncertainty: Emotions and Heuristics. Research in Biopolitics: Volume #5 eds. Albert Somit and Steven A. Peterson Press: Greenwich, CT. 1 997). Regulation of New Agricultural/Environmental Biotechnology: Framing the Prospects. Illinois Political Science Review Spring 199 6, Vol.2 (1):3 1-47. Public and Private Field Testing of Agricultural Biotechnology. Patrick A. Stewart and A. Ann Sorensen Technology Transfer of Plant Biotechnology ed. Peter M. Gressho ff (Boca Raton Press, Inc. 199 6). New Bio techno logy and Agriculture: Regulatory Challenges. Patrick A. Stewart and Ann Sorensen Journal of Environmental Law and Practice March/April 1 995, 2(5):40-4 9 Editor. Revitalizing Downtown Jonesboro Needs Analysis 6 503 (Policy Analysis and Evaluation) and 4503 (Introduction to Public Policy) class project. Prepared for Jonesboro Central Planning Association (JCPA). December 14, 199 9. 44 pages. Editor Workshop on Bt Crop Resistance Management. Biopesticides and Pollution Prevention Division, Office of Pesticide Programs. Rosemont, IL. June 18, 1999. 88 pages. Citizens Share Thoughts on Suburban Sprawl. Agro-Ecology News and Perspectives. 1999 7(2): 8-9,16. DeKalb County, Illino is. Patrick A. Stewart and Lawrence W. Libby. Case study in Under the Blade: The Conversion of Agricultural Landscapes. Eds. R.K. Olson and T.A. Lyson. University of Nebraska Press. Lincoln, NE. 1999. Dissertation. Decision Making Under Risk and Uncertainty: The Case of Agricultural Biotechnology. Focuses on decision making processes in the public policy issue arena of agricultural biotechnology. Committee: Andrea L. Bonnicksen (chair), Lettie McSpadden, James N. Schubert, and A. Ann Sorensen. December 1998. Book Review: Policy Controversy in Biotechnology: An Insiders View Politics and the Life Sciences Fall, 199 8. Book Review: Risk, Science, and Politics: Regulating Toxic Substances in Canada and the United States & Regulating Risk: The Science and Politics of Risk. in Politics and the Life Sciences March 1997.16(1): 20-23. Book Review: Superpigs and Wondercorn. in Politics and the Life Sciences August 1994. 13(2): 309-310. Public ssessm ents of Benefits and Risks. with Ann orensen and Ted cKinney in Agricultural Biotechnology Public Conversation About Risk National Agricultural Biotechnology Council #5 conference report, June 1993. Untitled Poem. in Dividends: Literary Arts Journal Spring, 1995, p.6. Untitled Poem. in Artist/Writer March 1993, p.5. Canadian Health Care. a three part series of articles in Canadian Review, Fall 1991-Spring 1992 Subliminals in the 2000 Presidential Election: Policy Implications of Applied Neuro science. Patrick A. Stewart. Revise and Resubmit at Journal of Political Marketing. Presidential Sp eechm aking Style: Emotional Response to Micro-Displays of Facial Affect. Patrick A. Stewart, James N. Schubert and Margaret A. Curran. Under review at Political Psychology #4140 or just Bureaucrats? An experiment testing the effect of subliminals in a Presidential race advertisement on viewer response. Patrick A. Stewart, James N. Schubert and Margaret A. Curran. Under review at Harvard International Journal of Press and Politics. (MS#19965) Alcohol Policy in Arkansas: Drinking in the Natural State. Patrick A. Stewart, Catherine C. Reese and Jeremy Brewer. Under review at American Journal of Alcohol and Drug Abuse Stormflow and Land Use Change: Low Density Development in the Ferson-Otter Creek Watershed, 1960-1996. With Mic hael T. Ritsc he and ouglas Krieg er. Center for Ag ricultur e in the Environ men t. (Refereed) Kane Coun ty Residential Value: The Influence of Open Space Amenities. With Douglas Krieger. Center for Agriculture in the Environment. (Refereed) Farmland Tax Policy: The Case of DeKalb County, Illinois. with Lawrence W. Lib by. Center for Agriculture in the Environm ent. (Refereed) Determinants of Farmland Value. with Lawrence W. Libby. Center for Agriculture in the Environment. (Refereed) fic.niu.edu/cae/wp/wp97-1 0.html Biological Pest Control. cited in American Farmland Trust response to EPA: Incentives for Development Defining Presidential Moment: 9/11 and the Rally Effect. Patrick A. Stewart, James N. Schubert and Margaret A. Curran. Poster presented at Midwest Political Science Association 2002 Annual Meeting, Chicago, IL. April 25-28. Sub limina hies in the 2 000 Presiden tial Electio n: Policy Imp lication s of Applied Neuro science. Patrick A. Stewart Paper presented at Association for Politics and the Life Sciences in Charleston October 18-21, 2001. Presidential Rally Speeches and the Role of Emotional Response: Process Matters. Patrick A. Stewart. Paper presented at Association for Politics and the Life Sciences in Charleston October 18-21, 2001. The Rally Effect: Emotional Response to the World Trade Center and Pentago n Attacks. Patrick A. Stewart. Poster presented at Association for Politics and the Life Sciences in Charleston October 18-21, 2001. Decision-Making: Bringing Emotions into the Classroom. Patrick A. Stewart. Teaching Poster presented at Association for Politics and the Life Sciences in Charleston October 18-21, 2001 or Just Bureaucrats? An Experiment Testing the Effect of Subliminals in a Presidential Race Advertisement on Viewer Response. With James N. Schubert and Margaret A. Curran. Midwest Political Science Association 2001 Annual Meeting, Chicago, IL. April 19-22. Emotional Responses to Micro-Displays of Facial Affect in Rally Speeches. With James N. Schubert and Margaret A. Curran. Midwest Political Science Association 2001 Annual Meeting, Chicago, IL. April 19-22. Alcohol Policy in Arkansas: Drinking in the Natural State. With Jeremy Brewer and Catherine Reese. Arkansas Political Science Association 2001 Annual Meeting, Searcy February 23- 24, 2001. Wet, Da mp and Dry tudy of Arka nsas Coun ties and Alcoh ol-Rela ted Cra shes. With Jeremy Brewer and Catherine Reese. Illinois Political Science Association 2000 Annual Meeting, DeKalb November 11, 2000. Personal and Public Risks from Genetic Engineering: Experimental Evidence Concerning the Influence of Framing on Policy Preferences. Annual meeting of the Assoc iation for Politics and the Life Sciences in Washington August 31-September 3, 2000. The ally Effect: Em otiona l Respo nse to Micro-displays of Fac ial Affe ct (Poster). With James N. Schubert and Margaret Curran. Annual meeting of the Association for Politics and the Life Sciences in Washington August 31-September 3, 2000. Regulating the New Agricultural Biotechno logy b y Man agin g Inn ovatio n Diffusion (Poster). With Lora Hannaman, David R. Harding and Esther ay. Annual meeting of the Association for Politics and the Life Sciences in Washington August 31-September 3, 2000. Incentive Based Agricultural-Environmental Biotechnology Regulation. with David Harding and Esther Day. 58th annual meeting of the Midwest Political Science Association in Chicago April 27-30, 2000. The Effect of Cons ump tion Ch oice on Policy Preferences: An Experim ent Co ncern ing Genetically Engineered, Organically Grown and Traditionally Grown Foods (Poster). 58th Annual meeting of the Midwest Political Science Association in Chicago April 27-30, 2000. Consumption and Policy Choices Concerning the New Food Biotechnology and Organically Grown Foods: An Experiment. Annual Meeting of the Association for Politics and the Life Sciences in Atlanta September 2-5, 1999. Differential Influence of Children on Suburbanite Preference for Open Space and Farmland (Poster). With David Harding, Margaret Curran and Douglas Krieger. Annual Meeting of the Association for Politics and the Life Sciences in Atlanta September 2-5,1999. Defin ing the Caus e of En vironm ental isasters and its Influ ence o n Policy referen ces Multi-me dia Experim ent. Presented at 57th Annual Meeting of the Midwest Political Science Association in Chicago April 15-17, 1999. Kane County Residential Value: The Influence of Open Space Amenities. With Douglas Krieger. Americ an Society for Public Administration 60th National Conference in Orlando,FL. April 12, 1999. Factors Affecting the Adoption of New Techno logies. With A. Ann Sorensen and Esther Day. International Conference on Emerging Technologies for Integrated Pest Management: Concepts, Research and Implementation. Raleigh, NC. March 8-10, 1999. The Role of Framing in Policy Preferences: Natural vs. Manmade. 70th annual meeting of the Southern Political Science Association in Atlanta October 28-31, 1998. Natural vs. Man-Made: An Application of the Bioph ilia Hypothesis to Public Policy? Annual Meeting of the Association for Politics and the Life Sciences in Boston September 3-6, 1998. Reactions and Policy Preferences. Annual Meeting of the Association for Politics and the Life Sciences in Boston September 3-6, 1998. Emotional Nature: Circumplex Measures in an Experiment. International Society of Political Psychology in Montreal, Canada July 12-15, 1998. Pricing of Kane County Residences: The Value of Farmland. with Douglas Krieger. Illinois Political Science Association Annual Meeting. Elgin, Illinois, October 25, 1997. Attribu tions, Emotions, and Nature. American Political Science Association Annual Meeting, Washington, D.C., August 28-31, 1997. Regulation of Risk: The Case of New Agricultural-Environmental Biotechnology. Northeastern Political Science Annual Meeting, Boston, November 14-16,1996. Farmers, Social Construction of Target Populations, and Differential Taxation Case Study of DeKalb County, Illinois. with Lawrence W. Libby. Illinois Political Science Association Annual Meeting, Normal, Illinois, November 9, 1996. Decision-Making Under Uncertainty: Emotions and Heuristics. Association for Politics and the Life Sciences/International Political Science Association Research Committee #12 Meeting at Alfred University, Alfred, New York, July 25, 1996. Federal Regulation of New Agricultural/Environmental Biotechnology: The Influence of Risk Perceptions. Midwest Political Science Association Annual Meeting, Chicago, April 18-20, 1996. Agriculture and Land Use. with Ann Sorensen. \"The Land Use Decision Making Process: It's Role in a Sustainable Future for Michigan.\" East Lansing January 9-10, 1996. Regulation of New Agricultural/Environmental Biotechnology: Framing the Prospects. Illinois Political Science Association Annual Meeting, Rockford. November 1995. The Political Imp acts of Policy Changes in Field Testing of Agricultural Biotechnology. American Political Science Association Annual Meeting, New York. September 1994. Status and Attention in Local Television News on State Elections: the 1992 and 1994 Democratic Primaries in Illinois. with James N. Schubert, Donna Balash, Peter Holaves, David Ivers, Michael J. Tweed, and Hiram Wurf. American Political Science Association Annual Meeting, New York. September 1994. Dom inance and Attention in Media Coverage of the 1992 Primary Elections. with James N. Schubert, Donna Balash, Dave Ivers, Miriam Levitt, Gamal Soltan, and Vidu Soni. American Political Science Association Annual Meeting, Washinton D.C. September 1993. Government Intervention in High Technology in the State of Florida. Florida Political Science Annual Meeting, Sarasota. March 1992 Regression, LISREL, ARIMA, Logit/Probit. SPSS-Windows, SPSS-PC, SPSSx, SAS-PC, ARC/INFO, Various spreadsheet and d-base programs. Spanish Invited Workshop Participant- The Challenge of Developing Programs in Small/Rural Communities. Community Development Work Study Conference. U.S. Department of Housing and Urban Development. Washington, DC, October 25-26, 2001. Invited Workshop Participant- Assessing the National Resources Inventory (NRI) and Other Indicators of Farmland Conversion. Natural Resource Conservation Service . Department of Agriculture. Chicago, IL, November 27-28, 2000. Participant- Commission on Peer Review and Accreditation (COPRA) On-site Inspection Workshop. National Association of Schools of Public Affairs and Administration. (NASPAA) Annual Conference. Miami Beach, FL, October 13-16, 1999. Participant- Biological Perspectives in the Social Sciences by The Gruter Institute for Law and Behavioral Research and The Nelson A. Rockefeller Center for the Social Sciences. Dartmouth College, August 13-19, 1994. Participant- Methodology Workshop by the Association for Politics and the Life Sciences, September 1, 1993. Participant- Teaching Genetic Issues by the Association for Politics and the Life Sciences, August 30, 1992 American Political Science Association Advanced Graduate Student Travel Grant for 90th annual meeting, September 1-3, 1994. Seminar Grant, Biological Perspectives in the Social Sciences, Dartmouth College, August 13-19,1994. University of Central Florida Student Government Leadership Scholarship, 1991. Member: American Political Science Association American Society for Public Administration Arkansas Political Science Association Association for Politics and the Life Sciences Illinois Political Science Association Midwest Political Science Association National Association of Schools of Public Affairs and Administration Political Methodology Section Panel Organizer and Participant- Roundtable on Evolution and Public Administration. Association for Politics and the Life Sciences 2002 Annual Meeting. Montreal, Quebec, CA. August 11-14. Chair- Agricultural Biotechnology. Association for Politics and the Life Sciences 2002 Annual Meeting. Montreal, Quebec,CA. August 11-14. Invited Presentation The Face of Leadership: Nonverbal Communication. Arkansas County Treasurer s Annual Meeting. Hot Springs, AR, June 11, 2002. Panel Organizer and Chair- Environmental Policy. Arkansas Political Science Association 2002 Meeting. Jonesboro, AR, February 22, 2002. Chair- Student Panel. Arkansas Political Science Association 2002 Meeting. Jonesboro, AR, February 22-23, 2002. Panel Organizer and Chair- The Politics of Sin: Gambling, Smoking and Drinking. Illinois Political Science Association 2000 Meeting, DeKalb, ILNovember 11, 2000. Chair- Concluding Panel: Water for Eastern Arkansas Agriculture. Arkansas Soil & Water Education Conference. Jonesboro December 6, 1999. Chair- Genetics, Biotechnology, and Society. 18th annual meeting of the Association for Politics and the Life Sciences in Atlanta September 2, 1999. Invited presentation Hedonic Analysis of Residential Values in Kane County for the Economics Club. College of Business, University of Central Florida, Orlando April 9, 1999. Invited presentation- The Value of Kan e County Residences Near Farmlan d and Publicly Accessible Open Space for the undergraduate clas s Environmental Po licy. College of Arts and Sciences, Univers ity of Central Florida. Orlando April 9, 1999. Discussant- Concluding Panel: Irrigation for Delta Crops: 1998 and Beyond. Arkansas Soil & Water Education Conference. Jonesboro December 10,1998. Invited presentation- Risk and Uncertainty: The Case of Environmental Biotechnology for the distance learning class Biotechnology: Science and Socio-economic Issues. College of Agriculture and Natural Resources, University of Delaware, October 20,1998. Discussant-Panel: The Dynamics of Policy Change. 1997 Southern Political Science Association Meeting. Norfolk November 5-8. Speaker- Making our Public Schools Work. Second Annual African-American Leadership Conference: Implementing Strategies for Change. April 22,1995 Co-Chair Search Committee- Department of Political Science. Arkansas State University. 2001-2002. Chair Search Committee- Department of Political Science. Arkansas State University. 2000- 2001. Member- Environmental Sciences Ph.D. Program Committee Member. Arkansas State University. 199 8-present. Member- Environmental Sciences Ph.D. Program Director Search Committee. Arkansas State University 1998-1999. Assistant Coach- Arkansas State University Rugby Football Club. Arkansas State University. 1999-present. 2002 College Division National Championship finalist, ranked #7 in nation. 2001 College Division National Championship finalists, ranked #2 in nation. 2000 National Champions, College Division II/Plate,ranked #5 in nation Rugby Certified Level in Coach, Chicago (August 2001 Rugby Certified Level Coach, Dallas (July 2000 Rugby Certified Club Coach, Chicago (July 1997). Student Association Senator-Northern Illinois University, 1994-1998. Member- West Campus Master Plan Advisory Committee. Northern Illinois University, 1996-1997. Graduate Student Representative- College of Liberal Arts and Sciences- Graduate Student Advisory Committee. Northern Illinois University, 1996-1997. Coach- Northern Illinois University Women's Rugby Club. Northern Illinois University. 1996-1997. Graduate Student Representative- Political Science Department Northern Illinois University, 1995-1996. Academic Advisor- Sigma Alpha Epsilon Fraternity. Northern Illinois University 1995-1996. Moderator/Producer- \"Students View the News FM, Orlando, FL. 1988-1990 Coordinator of Development/Student Government Liaison AM, Orlando, FL. 1990 Opinion Columnist/Reporter- Central Florida Future, Orlando, FL. 1989-1990 Andrea L. Bonnicksen, Chair Department of Political Science Northern Illinois University DeKalb 60115 Albcorn@niu.edu James Schubert Department of Political Science Northern Illinois University DeKalb 60115 T70jns1 @corn.cso.niu.edu Lawrence W. Libby C. William Swank Chair in Rural- Urban Policy Department of Agricultural Economics 336 Agricultural Administration Building 2120 Fyffe Road Ohio State University Columbus 43210-1066 Libby.7@osu.edu M. Elliot Vittes Department of Political Science P.O. Box 161356 University of Central Florida Orlando 32816-1356 Vittes@pega sus.cc.ucf.ed u Lettie McSpadden Department of Political Science Northern Illinois University DeKalb 60115 Lettie@niu.edu A. Ann Sorensen, Director Center for Agriculture in the Environment P.O. Box 987 DeKalb 60115 T70aas1 @niu.edu Robert L. Bledsoe, Chair Department of Political Science P.O. Box 161356 University of Central Florida Orlando 32816-1356 Bledsoe@pegasus. cc.ucf.edu EDUCATION: Ph.D. Political Science Political Science Wayne State University 5/89 Wayne State University 5/83 State University of New York Fredonia 5/72 PROFESSIONAL: Interim Chair, Political Science Associate Professor Assistant Professor Instructor Instructor Admin. Asst. to the Mayor, Jamestown, New York 2000-2001 1997-present 1989-1997 1986-1989 1982-1986 1972-1974 TEACHING: PUBLICATIONS: Local Government, State Government, Arkansas Government, Urban Politics, Public Administration, American Wang, Richard P., Problems in Evaluating Economic Development Strategies: An Urban Perspective , International Journal of Public Administration 12 (3) 1989, pp.85-110. Kubic, Paul J. and Richard P. Wang, The Political Economy of Environmental Policy , in Joy L. Clark et al., eds., Current Regional Issues (Fort Worth: The Dryden Press), 1994, pp. 39-44. Wang, Richard P. et al., Bridging the Gap Between Town and Gown: Local Government Expertise and the Role of the University , International Journal of Public Administration 19 (8) 1996, pp. 1255-1288. Wang, Richard P. and Michael B. Dougan, eds., Arkansas Politics Reader (Fayetteville: m&m Press), 1997. GRANTS: U.S. Commerce Department, Economic Development Administation (through Center for Economic Development). Student Interns in Economic Development Project (1993: $25,000). Red Tag Grant Center for Economic Development Study of Citizen Perception of the Quality and Cost of Community Services in Harrisburg (1992: $9000). Lower Mississippi Delta Development Commission (with D. Levenbach, J. Gates). Public Management Expertise in the Delta and Delta Development (1990: $16,490). Fellow, William H. Spoor Dialogues on Leadership Program. Leadership in American State Politics and the American Federal System (1989). PRESENTATIONS: The Politics of Community Development Corporations. Annual Meeting of the Urban Affairs Association. New Orleans, March 7-10, 1994. Building Communities in the Inner-City in Little Rock. Annual Meeting of the Arkansas Political Science Association. Little Rock, February 25-26, 1994. Public Policy and Economic Development Report From Arkansas. Annual Meeting of the Southwest Political Science Association. New Orleans, March 18-20, 1993. The Declining Importance of Place in America: The Politics of Development Policies in Backwater Arkansas Towns and Frostbelt Cities. Annual Meeting of the Southwestern Social Science Association. Austin, March 20, 1992 Public Management Expertise in the Delta and Delta Development. Annual Meeting of the Southeastern Conference on Public Administration. Clearwater, October 6, 1990. Choice v. Necessity in Economic Development Policymaking: Mayoral Leadership in Detroit and Boston. Annual Meeting of the Midwest Political Science Association. Chicago, April 5-6, 1990 (with A. Digaetano, Baruch College).", "7223_102.pdf": "27\u00b0 Jonesboro Closings and Delays \uf00d 24 Weather Alerts In Effect \uf00d Updated June 9, 2007 6:24 p.m JONESBORO-In a statement to police it is alleged that Doctor Gregory Russell and his wife, Doctor Ellen Lemley, drugged a female student and took her to their home on the evening of April 19th. The victim alleges she awoke in their bed the next morning covered in blood from the waist down. Both professors resigned from Arkansas State University on June 1st, amidst an investigation by the college. So why did it take so long for the criminal investigation to begin?\"It really needed to be the complainant that came here do understand why the University didn't call. It's not really their position to call. It should be the victim's responsibility to call us.\" Detective Ernest Ward says he's talked to nearly thirty people, and read hundreds of emails from students of the University, but right now he's still not sure what actions will be taken. \"It's still very early in the investigation. I'm gathering pieces of the puzzle. Once gather all of the pieces I'll start putting them together. Right now I'm still not at liberty to say what all I've been told,\" said Ward. He says one of the more challenging things is the amount of time that passed. \"The longer the time span, the longer evidence grows cold and disappears. The stories change. They seem to grow sometimes. Different people hear things and they will call me, and often there is not a lot to it,\" said Ward. But he does say it's a case that probably won't disappear any time soon. \"It's going to be an interesting case. It's going to be an educational case for me,\" said Ward. Detective Ward urges anyone with any information to contact him at 870-935-6649 or email him at eward@jonesboro.org. *Story ideas or comments? Email Will at wcarter@kait8.com. June 7, 2007 - Posted at 5:45 p.m JONESBORO-Two Arkansas State University professors have resigned amidst allegations of rape by a female student. K8 news has learned Doctor Gregory Russell and his wife, Doctor Ellen Lemley resigned from their positions from the University June first. Now a police investigation is underway. We spoke with Doctor Russell on the phone Thursday morning. He says he can't comment, other than to say he and his wife's attorney are preparing a slander/libel lawsuit against the student and possible other parties. But no matter the outcome, the allegations of rape are serious. Both Doctor Gregory Russell and his wife Ellen Lemley could usually be found teaching Criminology classes in Arkansas State University's International Student Center. But now, their doors are closed, marking the resignation of both after allegations of rape by a student. In a request for an order of protection, the victim alleges that on April 19th, she and her friends were at a downtown restaurant having dinner. She says that Dr. Russell and Dr. Lemley asked her and her friends to have dinner at their table. She says a little bit later that she believes her drink was drugged, and she woke up at the house of Doctors Russell and Lemley. At the couples home on Chimney Chase Drive, the victim alleges that she awoke naked with her lower body covered in blood. Criminal Investigation Begins into Rape Scandal Published: Jun. 8, 2007 at 8:37 | Updated: Jun. 9, 2007 at 10:29 \uf0c9 Videos Watch Live News \uf002 2/16/25, 11:21 Criminal Investigation Begins into Rape Scandal 1/3 She claims former professor, Doctor Russell told her she was at his house, and moments later his wife, Ellen Lemley, also an professor climbed into bed with her. It is reported that Russell later took the victim home and over the next few days, both he and his wife allegedly made numerous phone calls to the victim saying things like love you and want to be with you.\" Officials with Arkansas State, say they are taking the matter seriously. \"We take any and every allegation very seriously, because we want to protect the welfare and interest of our students, but we also want to protect the integrity of our University,\" said Vice Chancellor, Dr. Glen Jones. When we asked if the University was aware of the allegations they answered saying, \"Yes, we were aware the allegations were made, and according to University policy on Sexual Harrassment, when allegations are made the University very promptly investigates those allegations.\" But before the investigation was complete, both Russell and Lemley resigned from their positions. K8 News continues to follow this story. Coming up Saturday on K8 News at six, Will Carter sits down with police to talk about their investigation and where this case could go from here. Story ideas or comments? Email Will at wcarter@kait8.com. Most Read \uf144 ASP: 3 dead, 5 injured in crash on U.S. 63 \uf144 2 killed in U.S. 67 crash \uf144 Nurse accused of using dead patient\u2019s name to get narcotics \uf144 $2.5M bond set in murder case \uf144 Sheriff: Missing woman found dead Videos Watch Live News \uf002 2/16/25, 11:21 Criminal Investigation Begins into Rape Scandal 2/3 \uf144 2 Jonesboro women arrested in statewide human trafficking raids Reports: JCPenney to close stores nationwide. Here\u2019s the list \uf144 2 hospitalized after house explosion Public Inspection File publicfile@kait8.com - (870) 336-1817 Statement Applications Closed Captioning/Audio Description 8 Careers Privacy Policy Terms of Service Legal Advertising Digital Marketing At Gray, our journalists report, write, edit and produce the news content that informs the communities we serve. Click here to learn more about our approach to artificial intelligence Gray Local Media Station \u00a9 2002-2025 Home News Weather Sports Submit a News Tip See It, Snap It, Send It Meet the Team What\u2019s On Grow Your Business With Us 472 766 Jonesboro 72401 (870) 931-8888 Videos Watch Live News \uf002 2/16/25, 11:21 Criminal Investigation Begins into Rape Scandal 3/3", "7223_103.pdf": "28\u00b0 Memphis 9 Weather Alerts In Effect \uf00d \uf0c9 Watch Live Solutions Digital Desk \uf002 Mid-South police are investigating claims two former professors sexually assaulted a student. Doctors Gregory Russell and his wife Ellen Lemley resigned from the criminology department at Arkansas State June 1st student claims the couple drugged her, took her to their home and raped her. Police and university officials are investigating. \"We take any and every allegation seriously because again we want to protect the welfare of our students and protect the integrity of the University,\" says Vice Chancellor Dr. Glen Jones. No charges have been filed against Russell or Lemley. Dr. Russell says he and his wife are preparing a slander/libel lawsuit against the student and possible other parties. Most Read Student claims she was raped by 2 professors Published: Jun. 9, 2007 at 7:00 | Updated: Jun. 9, 2007 at 7:02 2/16/25, 11:21 Student claims she was raped by 2 professors 1/3 \uf144 Setup gone wrong\u2014Victim shot to death in staged robbery; suspects charged with murder releases statement after another employee resigns \uf144 Former Hope Church volunteer charged with rape, released on $75K bond ALERT: Strong to severe storms move across the Mid-South is a due to the potential of flooding and strong to severe storms \uf144 Attorney of officer indicted after investigation speaks out Obion County\u2019s mayor declares State of Emergency following flooding 4 injured in Tipton Co. crash, 1 rescued after being trapped in vehicle 2/16/25, 11:21 Student claims she was raped by 2 professors 2/3 Public Inspection File - (901) 726-0501 Report Closed Captioning/Audio Description Privacy Policy Terms of Service Advertising Digital Marketing At Gray, our journalists report, write, edit and produce the news content that informs the communities we serve. Click here to learn more about our approach to artificial intelligence Gray Local Media Station \u00a9 2002-2025 Watch Live News Special Reports First Alert Weather Sports Community About Us Schedule Action News 5 1960 Union Avenue Memphis 38104 (901) 726-0555 2/16/25, 11:21 Student claims she was raped by 2 professors 3/3", "7223_104.pdf": "By By UPDATED: UPDATED: September 8, 2018 at 12:00 September 8, 2018 at 12:00 JONESBORO, Ark professor who once headed the criminology JONESBORO, Ark professor who once headed the criminology department at Chico State University, has resigned from his job as an department at Chico State University, has resigned from his job as an associate professor at Arkansas State University, but is fighting an allegation associate professor at Arkansas State University, but is fighting an allegation he raped a female student. he raped a female student. Gregory D. Russell resigned from the faculty June 1, along with his wife, Gregory D. Russell resigned from the faculty June 1, along with his wife, assistant professor Ellen Lumley, also accused of rape by an unidentified 25- assistant professor Ellen Lumley, also accused of rape by an unidentified 25- year-old student. year-old student. An official with the Jonesboro police said no criminal charges have been filed An official with the Jonesboro police said no criminal charges have been filed against the couple. against the couple. Detective Ernest Ward said the couple hasn\u201dt even been interviewed yet, at Detective Ernest Ward said the couple hasn\u201dt even been interviewed yet, at the insistence of their attorney, but he hopes to talk with them next week. the insistence of their attorney, but he hopes to talk with them next week. Ward said his office is getting about 40 calls and e-mails a day about the case, Ward said his office is getting about 40 calls and e-mails a day about the case, many supporting the two professors. many supporting the two professors. After leaving Chico State, Russell taught in Washington state. Lemley was After leaving Chico State, Russell taught in Washington state. Lemley was reportedly one of his former students. reportedly one of his former students Former Chico State professor Former Chico State professor resigns over rape allegations resigns over rape allegations 2/16/25, 11:22 Former Chico State professor resigns over rape allegations \u2013 The Vacaville Reporter 1/3 Originally Published: Originally Published: June 16, 2007 at 12:00 June 16, 2007 at 12:00 The young woman made statements to university officials about the alleged The young woman made statements to university officials about the alleged rape, and said she was told the professors would be terminated. rape, and said she was told the professors would be terminated. They resigned before that could happen. The student filed a report with They resigned before that could happen. The student filed a report with Jonesboro police June 6, then sought a protection order against the couple. Jonesboro police June 6, then sought a protection order against the couple. She alleged the couple drugged her drinks during dinner at a local restaurant She alleged the couple drugged her drinks during dinner at a local restaurant in April, then took her to their home, where both Russell and Lemley sexually in April, then took her to their home, where both Russell and Lemley sexually assaulted her. assaulted her. She said she woke up in their bed, covered with blood from her waist to her She said she woke up in their bed, covered with blood from her waist to her thighs. She further alleged the couple contacted her several times after that, thighs. She further alleged the couple contacted her several times after that, urging her to participate in sexual encounters. urging her to participate in sexual encounters. The protection order sought by the alleged victim was denied by a Craighead The protection order sought by the alleged victim was denied by a Craighead County judge, who said her request didn\u201dt fall under Arkansas\u201d Domestic County judge, who said her request didn\u201dt fall under Arkansas\u201d Domestic Abuse Act. Abuse Act. Russell has reportedly made few comments about the allegations, but told Russell has reportedly made few comments about the allegations, but told the Jonesboro Sun newspaper everything that happened between the young the Jonesboro Sun newspaper everything that happened between the young woman and the couple was consensual. woman and the couple was consensual. He\u201ds threatened to file a slander/libel suit against the student, and possibly He\u201ds threatened to file a slander/libel suit against the student, and possibly others. others. The Sun has filed a Freedom of Information request seeking information from The Sun has filed a Freedom of Information request seeking information from the university concerning statements made by the alleged victim. the university concerning statements made by the alleged victim. While at Chico State in the mid 1990s, Russell left his mark by helping to form While at Chico State in the mid 1990s, Russell left his mark by helping to form a citizens committee to combat growing gang violence in Chico. a citizens committee to combat growing gang violence in Chico. At the time, he said the task force was formed on the assumption that \u201cwe\u201dre At the time, he said the task force was formed on the assumption that \u201cwe\u201dre past the stage of denial.\u201d past the stage of denial.\u201d \u201cThis town needs help, and you folks are that help,\u201d he told about 100 citizens \u201cThis town needs help, and you folks are that help,\u201d he told about 100 citizens attending a task force seminar. attending a task force seminar. 2/16/25, 11:22 Former Chico State professor resigns over rape allegations \u2013 The Vacaville Reporter 2/3 2007 2007 \ue907 \ue907June June \ue907 \ue90716 16 2/16/25, 11:22 Former Chico State professor resigns over rape allegations \u2013 The Vacaville Reporter 3/3"} |
7,817 | Marc Santos | University of South Florida – Tampa | [
"7817_101.pdf"
] | {"7817_101.pdf": "By By | | tsilvy@greeleytribune.com tsilvy@greeleytribune.com UPDATED: UPDATED: May 13, 2020 at 6:45 May 13, 2020 at 6:45 Editor\u2019s note Editor\u2019s note The scenes or quotes in this story, unless otherwise attributed, are pulled The scenes or quotes in this story, unless otherwise attributed, are pulled directly from a University of South Florida Diversity, Inclusion and Equal directly from a University of South Florida Diversity, Inclusion and Equal Opportunity final investigative report, as well as evidence submitted to that Opportunity final investigative report, as well as evidence submitted to that body by a student alleging sexual harassment on the part of her former body by a student alleging sexual harassment on the part of her former professor. Some of the scenes and language could be considered professor. Some of the scenes and language could be considered objectionable. objectionable. \u201cGoldie?\u201d \u201cGoldie?\u201d The college professor often called out to one of his graduate students this The college professor often called out to one of his graduate students this way. way Incoming University of Northern Incoming University of Northern Colorado professor left former Colorado professor left former job amid sexual harassment job amid sexual harassment investigation investigation 2/16/25, 11:22 Incoming University of Northern Colorado professor left former job amid sexual harassment investigation \u2013 Greeley Trib\u2026 1/8 The nickname made her uncomfortable, especially in front of the whole The nickname made her uncomfortable, especially in front of the whole class. The name wouldn\u2019t make much sense to anyone but her. She was a class. The name wouldn\u2019t make much sense to anyone but her. She was a brunette. brunette. But she knew what it meant: Her professor was fond of telling her she had a But she knew what it meant: Her professor was fond of telling her she had a 24-karat-gold ass. 24-karat-gold ass. He saw it at least once, when they had sex at his house. His wife and He saw it at least once, when they had sex at his house. His wife and daughter weren\u2019t home. daughter weren\u2019t home. It was mid-November, and less than a month later the relationship spiraled It was mid-November, and less than a month later the relationship spiraled badly, with the student telling her professor not to talk to her again, not to badly, with the student telling her professor not to talk to her again, not to text her, not to email her and not to call her \u201cGoldie.\u201d text her, not to email her and not to call her \u201cGoldie.\u201d It didn\u2019t work, she said, and that\u2019s when she dropped a bombshell: She filed It didn\u2019t work, she said, and that\u2019s when she dropped a bombshell: She filed a Title sexual harassment complaint in January with the university\u2019s a Title sexual harassment complaint in January with the university\u2019s Office of Diversity, Inclusion and Equal Opportunity. She alleged retaliation, Office of Diversity, Inclusion and Equal Opportunity. She alleged retaliation, stalking and threats. stalking and threats. University of South Florida officials found Marc Santos guilty of policy University of South Florida officials found Marc Santos guilty of policy violations regarding consensual sexual relationships with a student and told violations regarding consensual sexual relationships with a student and told him to stop finding ways to hang around his former student. him to stop finding ways to hang around his former student. It took 150 days to come to that conclusion, which also exonerated Santos of It took 150 days to come to that conclusion, which also exonerated Santos of the more serious charges of retaliation and harassment. But the the more serious charges of retaliation and harassment. But the investigation took nearly three times as long as these investigations are investigation took nearly three times as long as these investigations are supposed to take. By the time it was over, in June, Santos wasn\u2019t employed by supposed to take. By the time it was over, in June, Santos wasn\u2019t employed by USF. USF. The University of Northern Colorado had hired him. The University of Northern Colorado had hired him. No clear guidelines No clear guidelines Marcus Embry is the chairman of the English department at UNC. In his Marcus Embry is the chairman of the English department at UNC. In his office last week, he sorted through the investigative report from South office last week, he sorted through the investigative report from South Florida. Florida. He shook his head. Embry said it was \u201cstunning\u201d and \u201cdisturbing\u201d that He shook his head. Embry said it was \u201cstunning\u201d and \u201cdisturbing\u201d that Santos\u2019 past at South Florida got through the hiring process. Santos\u2019 past at South Florida got through the hiring process. \u201cThis would have been important to know,\u201d Embry said. \u201cThis would have been important to know,\u201d Embry said. But didn\u2019t know, and officials place the blame squarely on UNC. But didn\u2019t know, and officials place the blame squarely on UNC. 2/16/25, 11:22 Incoming University of Northern Colorado professor left former job amid sexual harassment investigation \u2013 Greeley Trib\u2026 2/8 \u201cIt would be the responsibility of the prospective employer seeking to hire a \u201cIt would be the responsibility of the prospective employer seeking to hire a candidate to request this information,\u201d said Adam Freeman candidate to request this information,\u201d said Adam Freeman spokesman. spokesman. Freeman said South Florida got inquiries about Santos from at least one Freeman said South Florida got inquiries about Santos from at least one other university during the investigation. Faculty in the English other university during the investigation. Faculty in the English department told that university of the ongoing investigation, and that department told that university of the ongoing investigation, and that university backed off hiring Santos. university backed off hiring Santos. But nobody at South Florida told UNC. South Florida spokeswoman Lara But nobody at South Florida told UNC. South Florida spokeswoman Lara Wade-Martinez said didn\u2019t ask. Wade-Martinez said didn\u2019t ask. \u201cThey could ask directly if the individual is currently or has previously been \u201cThey could ask directly if the individual is currently or has previously been under investigation,\u201d Freeman said. \u201cThey could ask for a copy of the under investigation,\u201d Freeman said. \u201cThey could ask for a copy of the personnel file or they could ask for any other publicly available documents.\u201d personnel file or they could ask for any other publicly available documents.\u201d However doesn\u2019t appear to hold itself to the same standard, having However doesn\u2019t appear to hold itself to the same standard, having recently hired a professor who was under investigation at his former recently hired a professor who was under investigation at his former university for having sex with students. South Florida has since fired the university for having sex with students. South Florida has since fired the professor, and is working to amend its hiring policies. professor, and is working to amend its hiring policies Human Resources Director Marshall Parks doesn\u2019t know who did Human Resources Director Marshall Parks doesn\u2019t know who did reference checks on Santos, and he can\u2019t say with certainty whether they reference checks on Santos, and he can\u2019t say with certainty whether they made proper inquiries. But he said generally that information would have made proper inquiries. But he said generally that information would have been uncovered through UNC\u2019s normal hiring process. been uncovered through UNC\u2019s normal hiring process. There are no clear guidelines on the exact types of questions to ask during There are no clear guidelines on the exact types of questions to ask during reference checks, or just how specific those questions would have to be to reference checks, or just how specific those questions would have to be to uncover an investigation of this nature. Various higher education uncover an investigation of this nature. Various higher education institutions suggest different questions, and The Tribune couldn\u2019t find any institutions suggest different questions, and The Tribune couldn\u2019t find any that call for universities to ask about ongoing investigations. that call for universities to ask about ongoing investigations officials know now. They obtained the investigative report, and a officials know now. They obtained the investigative report, and a spokesman said when this kind of thing comes up always looks into it. spokesman said when this kind of thing comes up always looks into it. Still, Santos is scheduled to teach at least two courses in the fall. He starts Still, Santos is scheduled to teach at least two courses in the fall. He starts Aug. 1, and will earn $51,000. Aug. 1, and will earn $51,000. Both universities have policies against professors engaging in sexual Both universities have policies against professors engaging in sexual relationships with their students. UNC\u2019s policy lays out the potential pitfalls relationships with their students. UNC\u2019s policy lays out the potential pitfalls thusly: thusly: 2/16/25, 11:22 Incoming University of Northern Colorado professor left former job amid sexual harassment investigation \u2013 Greeley Trib\u2026 3/8 \u201cEven when the parties have initially consented to such relationships, they \u201cEven when the parties have initially consented to such relationships, they can render the parties and the institution vulnerable to possible later can render the parties and the institution vulnerable to possible later allegations of sexual harassment in light of the power differential that may allegations of sexual harassment in light of the power differential that may exist.\u201d exist.\u201d Santos didn\u2019t return numerous phone calls seeking comment, but he laid out Santos didn\u2019t return numerous phone calls seeking comment, but he laid out his side of the story in the final investigative report. his side of the story in the final investigative report. He says the student was the aggressor when Santos bought alcohol and they He says the student was the aggressor when Santos bought alcohol and they shared a hotel room Oct. 28, 2015, during a conference they attended shared a hotel room Oct. 28, 2015, during a conference they attended together in Arizona. She seduced him then, and he said in a Facebook together in Arizona. She seduced him then, and he said in a Facebook message that she \u201cStroked his ego when he needed it most.\u201d message that she \u201cStroked his ego when he needed it most.\u201d The investigative report paints a picture of the student as a jilted lover, who The investigative report paints a picture of the student as a jilted lover, who once \u201cshared a kiss\u201d with her professor in his office. once \u201cshared a kiss\u201d with her professor in his office. \u2018Collects broken women\u2019 \u2018Collects broken women\u2019 It\u2019s a romanticized vision, said the student, who asked not to be identified. In It\u2019s a romanticized vision, said the student, who asked not to be identified. In reality, she believes Santos began grooming her for sex nearly a year before reality, she believes Santos began grooming her for sex nearly a year before that Arizona conference, she said in a phone interview. that Arizona conference, she said in a phone interview. It started with a project, one of three during the class in which students It started with a project, one of three during the class in which students were supposed to tell stories through other mediums, including a website. were supposed to tell stories through other mediums, including a website. Her first attempts, stories about being an athlete, weren\u2019t personal enough. Her first attempts, stories about being an athlete, weren\u2019t personal enough. \u201cHe told me from there on out should look at doing more personal stuff \u2013 \u201cHe told me from there on out should look at doing more personal stuff \u2013 open up a little bit more,\u201d the student said in a phone interview. open up a little bit more,\u201d the student said in a phone interview. When she did, writing about harassment and adding rape statistics to future When she did, writing about harassment and adding rape statistics to future projects, Santos held her after class. projects, Santos held her after class. He asked why she seemed down, and she tearfully recounted her rape as a He asked why she seemed down, and she tearfully recounted her rape as a 15-year-old girl. 15-year-old girl. Santos learned more about the rape over the course of the year \u2013 from the Santos learned more about the rape over the course of the year \u2013 from the fall of 2014 to the fall of 2015. In the ensuing months, he involved the fall of 2014 to the fall of 2015. In the ensuing months, he involved the student in family activities with his wife and daughter, including hockey student in family activities with his wife and daughter, including hockey games and \u201cboard game Tuesdays\u201d at the Santos house, she said. He didn\u2019t games and \u201cboard game Tuesdays\u201d at the Santos house, she said. He didn\u2019t invite other students. She felt like the chosen one, she said in a phone invite other students. She felt like the chosen one, she said in a phone interview. interview. 2/16/25, 11:22 Incoming University of Northern Colorado professor left former job amid sexual harassment investigation \u2013 Greeley Trib\u2026 4/8 The student\u2019s therapist told investigators she believed Santos preyed on the The student\u2019s therapist told investigators she believed Santos preyed on the student\u2019s vulnerabilities as a past trauma survivor. She spoke to student\u2019s vulnerabilities as a past trauma survivor. She spoke to investigators with the student\u2019s permission, and said she believed the investigators with the student\u2019s permission, and said she believed the student feared Santos. She also admitted she would not be able to offer an student feared Santos. She also admitted she would not be able to offer an unbiased opinion, given her role as the student\u2019s therapist. unbiased opinion, given her role as the student\u2019s therapist. The student believes she\u2019s not the first student Santos has sought. The student believes she\u2019s not the first student Santos has sought. There was another graduate student. She had an eating disorder. There was another graduate student. She had an eating disorder. \u201cHe told me, very publicly, that the favorite part of his job is he \u2018collects \u201cHe told me, very publicly, that the favorite part of his job is he \u2018collects broken women,'\u201d the student said. broken women,'\u201d the student said. He finds out about them through the personal projects, the student said. He finds out about them through the personal projects, the student said. Another professor questioned Santos\u2019 behavior around undergraduates Another professor questioned Santos\u2019 behavior around undergraduates about five years ago, the student said. about five years ago, the student said. But that information did not appear in the report, and South Florida did not But that information did not appear in the report, and South Florida did not investigate the alleged pattern. investigate the alleged pattern. On their way to the conference on the plane to Arizona, Santos held the On their way to the conference on the plane to Arizona, Santos held the student\u2019s hand. The next day, in the hotel room, Santos said she came on to student\u2019s hand. The next day, in the hotel room, Santos said she came on to him, asking to perform oral sex on her professor. He says he declined. him, asking to perform oral sex on her professor. He says he declined. The student said she doesn\u2019t remember that. She couldn\u2019t even remember if The student said she doesn\u2019t remember that. She couldn\u2019t even remember if they had sex. Alcohol made her memory fuzzy. they had sex. Alcohol made her memory fuzzy. She did remember it Nov. 18, at Santos\u2019 home, after lunch. And she She did remember it Nov. 18, at Santos\u2019 home, after lunch. And she remembered his behavior turning cold, a charge Santos denied. But he did remembered his behavior turning cold, a charge Santos denied. But he did say, two days later, that he didn\u2019t want to have sex again. say, two days later, that he didn\u2019t want to have sex again. \u201cSantos told (the student) that he wanted to work on his relationship with \u201cSantos told (the student) that he wanted to work on his relationship with his wife, and that his wife had two months to prove to Santos that she loved his wife, and that his wife had two months to prove to Santos that she loved him,\u201d according to the report\u2019s characterization of the student\u2019s accusations. him,\u201d according to the report\u2019s characterization of the student\u2019s accusations couple of weeks later, the student said she didn\u2019t want to speak with him couple of weeks later, the student said she didn\u2019t want to speak with him again. She alleges Santos continued to try to contact her, something again. She alleges Santos continued to try to contact her, something officials could not substantiate. She has filed an appeal, and has suggested officials could not substantiate. She has filed an appeal, and has suggested she may file an official U.S. Office of Civil Rights complaint against the she may file an official U.S. Office of Civil Rights complaint against the university based on numerous factors, including the length of the university based on numerous factors, including the length of the investigation and investigators\u2019 decision not to interview key witnesses. investigation and investigators\u2019 decision not to interview key witnesses spokeswoman Lara Wade-Martinez said all policies and procedures spokeswoman Lara Wade-Martinez said all policies and procedures were followed during the investigation. were followed during the investigation. 2/16/25, 11:22 Incoming University of Northern Colorado professor left former job amid sexual harassment investigation \u2013 Greeley Trib\u2026 5/8 No obligation No obligation There was some speculation within the English department that There was some speculation within the English department that professors were told not to talk about the ongoing investigation. Worries professors were told not to talk about the ongoing investigation. Worries swirled about opening the university up to a lawsuit. swirled about opening the university up to a lawsuit. Professors who spoke on condition of anonymity said they also heard the Professors who spoke on condition of anonymity said they also heard the opposite \u2013 that they were obligated to reveal the investigation to potential opposite \u2013 that they were obligated to reveal the investigation to potential employers. They didn\u2019t know which was true. employers. They didn\u2019t know which was true. Wade-Martinez said a gag order would not be standard procedure. Wade-Martinez said a gag order would not be standard procedure. \u201cIf anyone called to inquire, we would tell them there was a current \u201cIf anyone called to inquire, we would tell them there was a current investigation,\u201d she said in a phone interview. investigation,\u201d she said in a phone interview. Brett Sokolow, executive director for the Association of Title Brett Sokolow, executive director for the Association of Title Administrators, said there is no obligation for a university to disclose an Administrators, said there is no obligation for a university to disclose an ongoing investigation. ongoing investigation. If a university had a policy against disclosing, which would be permissible, If a university had a policy against disclosing, which would be permissible, then no manner of questions on the part of a prospective employer would then no manner of questions on the part of a prospective employer would reveal the investigation. reveal the investigation found itself in that boat recently, as the found itself in that boat recently, as the Tampa Bay Times reported Tampa Bay Times reported the the director of the advertising and communications school there was placed on director of the advertising and communications school there was placed on administrative leave March 23 after officials found he was under administrative leave March 23 after officials found he was under investigation at his previous school, Texas Tech University, regarding investigation at his previous school, Texas Tech University, regarding intimate relations with three students. intimate relations with three students wasn\u2019t aware of the investigation when it hired Samuel Bradley, and wasn\u2019t aware of the investigation when it hired Samuel Bradley, and he he was fired in June was fired in June officials wouldn\u2019t specify what Santos\u2019 punishment for policy violations officials wouldn\u2019t specify what Santos\u2019 punishment for policy violations would have been had he stayed at the university. But officials gave a range, would have been had he stayed at the university. But officials gave a range, including a written reprimand, counseling or termination. including a written reprimand, counseling or termination. Wade-Martinez said it was a moot point, as Santos was no longer employed Wade-Martinez said it was a moot point, as Santos was no longer employed at USF. at USF. The whole situation speaks to a larger issue, said Samantha Harris, director The whole situation speaks to a larger issue, said Samantha Harris, director of policy research for the Foundation for Individual Rights in Education. of policy research for the Foundation for Individual Rights in Education. \u201cOne of our criticisms of universities, broadly, is they\u2019re increasingly \u201cOne of our criticisms of universities, broadly, is they\u2019re increasingly corporate in nature,\u201d Harris said. \u201cThey act in their own self interest, and corporate in nature,\u201d Harris said. \u201cThey act in their own self interest, and that could harm victims.\u201d that could harm victims.\u201d 2/16/25, 11:22 Incoming University of Northern Colorado professor left former job amid sexual harassment investigation \u2013 Greeley Trib\u2026 6/8 Santos missed out on a bid for tenure in the fall, and may have been looking Santos missed out on a bid for tenure in the fall, and may have been looking to leave anyway. But the length of the investigation gave him time to get to leave anyway. But the length of the investigation gave him time to get out and potentially avoid being fired at the investigation\u2019s conclusion. out and potentially avoid being fired at the investigation\u2019s conclusion documents related to Title investigations show the Office of Diversity documents related to Title investigations show the Office of Diversity, Inclusion and Equal Opportunity strives to complete investigations within Inclusion and Equal Opportunity strives to complete investigations within 60 calendar days. The Santos case took 150, and officials did not provide 60 calendar days. The Santos case took 150, and officials did not provide a specific reason to The Tribune or the alleged victim. a specific reason to The Tribune or the alleged victim. Further, Freeman said in an email that the average case takes about four Further, Freeman said in an email that the average case takes about four months to complete, twice as long as the university\u2019s stated goal. months to complete, twice as long as the university\u2019s stated goal. Living in fear Living in fear After filing the complaint, the student said she lived in fear. After filing the complaint, the student said she lived in fear. For three months, even after officials issued a no-contact order, Santos For three months, even after officials issued a no-contact order, Santos continued to find ways to be around her \u2013 to intimidate her, the student said. continued to find ways to be around her \u2013 to intimidate her, the student said. He talked loudly in the hallway outside her office, loitered outside of her He talked loudly in the hallway outside her office, loitered outside of her classrooms and even managed to routinely park his car next to hers in the classrooms and even managed to routinely park his car next to hers in the parking lot. parking lot did not disclose my relationship to the department because Santos did not disclose my relationship to the department because Santos explicitly told me not to,\u201d the student wrote in her rebuttal to Santos\u2019 explicitly told me not to,\u201d the student wrote in her rebuttal to Santos\u2019 response. \u201cHe told me that if told anyone about our relationship would response. \u201cHe told me that if told anyone about our relationship would lose a lot of credibility.\u201d lose a lot of credibility.\u201d To anyone who would listen, Santos billed his student as the aggressor, a To anyone who would listen, Santos billed his student as the aggressor, a temptress, she said. After she filed her complaint, a former professor told temptress, she said. After she filed her complaint, a former professor told the student she was ruining a good, family man\u2019s life, she said. the student she was ruining a good, family man\u2019s life, she said. But Santos put on pressure of his own, with seemingly innocuous text But Santos put on pressure of his own, with seemingly innocuous text message exchanges turning sexual in nature. message exchanges turning sexual in nature. In one, the student texted him about wanting a puppy to cuddle, Santos In one, the student texted him about wanting a puppy to cuddle, Santos implied sexual innuendo about the definition of cuddling, followed by, implied sexual innuendo about the definition of cuddling, followed by, \u201cAlthough a collar and all fours\u2026\u201d \u201cAlthough a collar and all fours\u2026\u201d It\u2019s not what she envisioned eight months ago, when her relationship with It\u2019s not what she envisioned eight months ago, when her relationship with Santos first progressed. Santos first progressed. 2/16/25, 11:22 Incoming University of Northern Colorado professor left former job amid sexual harassment investigation \u2013 Greeley Trib\u2026 7/8 2016 2016 \ue907 \ue907July July \ue907 \ue90712 12 Originally Published: Originally Published: July 12, 2016 at 3:34 July 12, 2016 at 3:34 She certainly didn\u2019t expect to file a Title sexual harassment complaint, to She certainly didn\u2019t expect to file a Title sexual harassment complaint, to have been asked to switch offices after she complained about Santos have been asked to switch offices after she complained about Santos violating the no-contact order, to have to document every detail and be shut violating the no-contact order, to have to document every detail and be shut down by investigators based on Santos\u2019 word alone. down by investigators based on Santos\u2019 word alone. She didn\u2019t expect to file an appeal and wouldn\u2019t have dreamed she might go She didn\u2019t expect to file an appeal and wouldn\u2019t have dreamed she might go to the federal level. She never thought she would go public. to the federal level. She never thought she would go public. She worries, even in today\u2019s modern era, about being blacklisted as a She worries, even in today\u2019s modern era, about being blacklisted as a troublemaker in higher education and in her field. troublemaker in higher education and in her field. Now, she says, she\u2019s hoping to share the ordeal with others who might be Now, she says, she\u2019s hoping to share the ordeal with others who might be Santos\u2019 students because didn\u2019t. Her message: Expect it. Santos\u2019 students because didn\u2019t. Her message: Expect it. \u201cIf you compile this stuff together, man should have known,\u201d she said in a \u201cIf you compile this stuff together, man should have known,\u201d she said in a phone interview don\u2019t think picked up on it because wanted to trust phone interview don\u2019t think picked up on it because wanted to trust him.\u201d him.\u201d Tyler Silvy covers education for The Greeley Tribune. Reach him at Tyler Silvy covers education for The Greeley Tribune. Reach him at tsilvy@greeleytribune.com. Connect with him at Facebook.com/TylerSilvy or tsilvy@greeleytribune.com. Connect with him at Facebook.com/TylerSilvy or @TylerSilvy on Twitter. @TylerSilvy on Twitter. 2/16/25, 11:22 Incoming University of Northern Colorado professor left former job amid sexual harassment investigation \u2013 Greeley Trib\u2026 8/8"} |
7,356 | Gary K. Taylor | Green River Community College | [
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] | {"7356_101.pdf": "TUNHEIM, District Judge. Karle Erickson was a tenured professor and a choir director at Gustavus Adolphus College (\"College\") until he was dismissed by the College for violating its Sexual Harassment Policy through his sexual contact with a student, plaintiff Jennifer Cooper. Cooper has settled and dismissed her claims against both defendants. The remaining claims are those of Erickson against the College and its President for violation of Title of the Education Amendments of 1972 (\"Title IX\"), 20 U.S.C. \u00a7\u00a7 1681, et seq., breach of contract, defamation, and tortious interference with contract. Cross-motions for summary judgment are before the Court. For the reasons set forth below, the Court grants summary judgment on all of the motions of the College and its President, except for certain contract claims. I. Title Claims Erickson brings claims under Title IX, alleging both that the procedural unfairness of his dismissal process and its contamination with gender bias are actionable under Title IX. He has not brought any claims under Title of the Civil Rights Act of 1964. Title prohibits sex discrimination on the part of educational programs that receive federal funds. The remedy for discrimination explicitly set forth in the statute is the denial of federal funding. The courts have recognized an implied cause of action on behalf of students and prospective students who are discriminated against in education. Franklin v. Gwinnett County, Pub. Sch., 503 U.S. 60, 112 S.Ct. 1028, 117 L.Ed.2d 208 (1992); Cannon v. Univ. of Chicago, 441 U.S. 677, 99 S.Ct. 1946, 60 L.Ed.2d 560 (1979); Yusuf v. Vassar College, 35 F.3d 709 (2d Cir.1994). Furthermore, a lawsuit under Title may challenge the validity of administrative regulations terminating federal funding of an educational institution that discriminated on the basis of sex in employment practices. North Haven Bd. of Educ. v. Bell, 456 U.S. 512, 102 S.Ct. 1912, 72 L.Ed.2d 299 (1982) (\"Bell\"). However, most courts have rejected the theory that employees of an educational institution have an implied cause of action for damages under Title IX. Lakoski v. James, 66 F.3d 751, 754 (5th Cir.1995); Howard v. Bd. of Educ. Sycamore Community Unit, 893 F.Supp. 808, 815 (N.D.Ill.1995); Wedding v. Univ. of Toledo, 862 F.Supp. 201, 203-04 (N.D.Ohio 1994); Storey v. Bd. of Regents, 604 F.Supp. 1200, 1205 (W.D.Wis.1985).1 These courts have all reached the conclusion that since Title provides a comprehensive and carefully balanced remedial mechanism for redressing employment discrimination, and since Title does not clearly imply a private cause of action for damages for employment discrimination, none should be created by the courts.2 The only federal case cited by the parties to the contrary is Henschke v. New York Hospital-Cornell Medical Ctr., 821 F.Supp. 166, 172 (S.D.N.Y.1993). This case sums the private cause of action that students and prospective students have under Cannon and Franklin together with the cause of action to challenge rules related to federal funding and employment discrimination under Bell. Id. at 172. The case fails to appropriately consider the impact of the existence of Title remedies for employment discrimination. The Court will join others in rejecting the analysis of Henschke and concluding that there is no private action for damages available to a college employee under Title for sex discrimination. See, e.g., Lakoski, 66 F.3d at 754. Erickson also argues that Title and its implementing rule create federal rights to a fair process for faculty members accused of sexual harassment. The theory is that Title and 34 C.F.R. \u00a7 106.8(b) require an equitable grievance procedure for handling sexual harassment, that this is a federal mandate requiring recipient educational programs to adopt and implement a process which is equitable to employees accused of discrimination as well as their accusers, that the process adopted and implemented by the College failed to meet this requirement of federal law, and that there is a private cause of action to remedy this wrong. Erickson relies upon a case from a state trial court in New York, Starishevsky v. Hofstra Univ., 161 Misc.2d 137, 612 N.Y.S.2d 794, (N.Y.Sup.Ct.1994). This case is flawed in that it mixes together principles of federal and state law and fails to distinctly analyze federal law, but the facts are the closest to the case at bar. Starishevsky was a Hofstra University administrator who was dismissed following charges of sexual harassment pursued through University procedures created under Title and its implementing rule. This rule requires educational programs receiving federal funds to adopt grievance procedures providing for \"prompt and equitable resolution of student and employee complaints\" of sex discrimination. 34 C.F.R. \u00a7 106.8(b). Starishevsky successfully challenged the fairness of the University's procedures on grounds analogous to the issues raised by Erickson. The court began its analysis by citing a principle of New York law that a university's decision to discipline a faculty member must be predicated on procedures which are fair and reasonable and which lend themselves to a reliable determination. Starishevsky, 161 Misc.2d at 145, 612 N.Y.S.2d 794. The court cited numerous cases developing the particulars of this right under New York law for a fair hearing for faculty members. Id. The Starishevsky court then observed that federal rules require a \"prompt and equitable\" grievance procedure, asserting, without citation, that this requires a procedure \"fundamentally fair to both the accused and the accuser.\" Id. at 146, 612 N.Y.S.2d 794. The court then bundled together the federal and New York law to recognize a right of one accused of sexual harassment to a fair hearing with certain procedures that Hofstra University had failed to provide. Id. at 146-47, 612 N.Y.S.2d 794. In an additional analysis, the court found the dismissal to be arbitrary and capricious under a New York procedure for judicial review of dismissals by educational institutions. Id. at 147-50, 612 N.Y.S.2d 794 (citing Article 78). Significantly, the case came before the court as a petition for judicial review under Article 78 and Title was merely referred to as one of the sources of the petitioner's rights, not as the vehicle for a cause of action. Starishevsky is a New York state case applying New York law, in which the federal issue is not analyzed distinctly. Erickson has not argued that employees of private colleges in Minnesota have rights comparable to those which appear to exist in New York. Furthermore, even if the Court were to agree that Title requires that any grievance process be fair to an accused employee, Erickson has failed to demonstrate that such a right may be enforced through a private cause of action. Indeed, a statutory right to due process in grievance proceedings under Title has been implicitly rejected in Yusuf v. Vassar College, 35 F.3d 709 (2d Cir.1994). There, a student who had been found to have committed sexual harassment and suspended for that reason sued under Title to challenge his suspension. The Second Circuit held that alleged flaws in a sexual harassment procedure were not actionable in the absence of a \"particularized allegation relating to a causal connection between the flawed outcome and gender bias.\" Id. at 715. Under Yusuf, there is no Title statutory due process right separate from a right to be free from discrimination, even for a student. This must be all the more true for an employee, whose action for damages for discrimination must be found in Title VII, not Title IX. The Court rejects any claim for employment discrimination on the basis of sex under Title IX, as Title is the only remedy for such a claim. Furthermore, the Court holds that there is no statutory right to due process in grievance proceedings under Title separate from its prohibition of discrimination. On the Title claims, the Court grants summary judgment to the College and denies Erickson's motion for summary judgment. II. Contract Claims The contract that governs Erickson's employment is the Faculty Manual. This Faculty Manual includes certain appendixes that deal with specific issues. Appendix governs dismissal proceedings. It provides for procedural rights which Erickson claims the College violated. Appendix creates a discrimination and sexual harassment grievance procedure. If this matter were to go to trial, the College would dispute whether Appendix applied during the relevant period, or whether it was superseded by the All College Policy on Sexual Harassment. However, in making this motion for summary judgment, the College concedes that this is a factual dispute, and it argues that even if Appendix is applied, all of Erickson's rights under it were respected. Appendix provides for both an informal and a formal process for handling sexual harassment or other discrimination grievances. The informal process requires very little, and there is no dispute that its requirements were met. The formal process requires many steps which the College admits it did not follow, such as a written complaint served on the respondent and an independent hearing officer. The critical portion of Appendix is the part that specifies when a formal process is required: If the matter is not resolved to the complainant's satisfaction through this informal process within 10 working days, the complainant may proceed to file a formal discrimination/sexual harassment grievance. This unambiguously gives the complainant, not the accused, sole discretion to initiate a formal process. This contractual term must be enforced by the Court. The Court finds that Erickson has not raised a genuine issue of fact that the College failed to comply with Appendix of the Faculty Manual. Appendix provides that a faculty member with continuous tenure facing dismissal is entitled to: 1) settlement discussions with administrative officers; 2) settlement discussions with a panel designated by the administration, the faculty member, and the Faculty Senate; 3) presentation of a statement of charges by the President or his delegate; 4) a hearing by the Faculty Senate; 5) an opportunity to respond in writing to the charges; 6) the right to remove members of the Faculty Senate from the hearing (two preemptory strikes, and others for cause); 7) notice of the hearing with specific charges in writing at least 20 days prior to the hearing; 8) a prehearing meeting; 9) a consultation with the Faculty Senate on whether to close the hearing; 10) representation by counsel; 11) observation of the hearing by a representative of an education association; 12) a hearing where any probative evidence may be admitted, without regard to strict rules of legal evidence; 13) an opportunity to obtain necessary witnesses and documentary or other evidence, with the administration cooperating with the Faculty Senate in securing witnesses and making available documentary and other evidence; 14) the right to confront and cross-examine all witnesses; 15) a verbatim record of the hearing; and 16) a right to have the administration prove by a preponderance of the evidence to the Faculty Senate that it had adequate cause for dismissal. Furthermore, Appendix provides that, except for administrative facts about matters such as the time of the hearing and such, public statements and publicity about a case are to be avoided by all parties as far as possible until the proceedings have been completed review of the facts shows that Erickson has raised a genuine issue concerning whether his contractual rights were violated insofar as the administration did not allow him to have access to certain documents and witnesses. Erickson was not given a copy of the 12 page written summary of the allegations written by Jennifer Cooper. He was not given investigative notes of the investigator Ruth Johnson. Erickson did not have an opportunity to \"obtain necessary witnesses,\" in particular, Jennifer Cooper. Based on these facts, the Court denies summary judgment as to claims that the College violated Appendix of the Faculty Manual. However, the factual issues involved in this claim also preclude granting Erickson's motion for summary judgment. III. Tortious Interference with Contract Erickson alleges that Axel Steuer, the President of the College, intentionally interfered with his employment contract with the College. Steuer moves for summary judgment on the grounds that Steuer acted only in his capacity as President of the College corporate officer or agent is privileged to interfere with or cause a breach of another employee's employment contract with the company, if that person acts in good faith believing that his or her actions are in furtherance of the company's business. Nordling v. Northern States Power Co., 478 N.W.2d 498, 506 (Minn.1991). This privilege may be lost if the defendant's actions are predominantly motivated by malice and bad faith, that is, by personal ill-will, spite, hostility, or a deliberate intent to harm the plaintiff. Id. The allegations against Steuer are all identical to the alleged breaches of the contract. This includes Steuer's actions in instructing the sexual harassment investigator concerning which procedures to follow, suspending Erickson without consulting the Faculty Senate, denying Erickson access to certain written records (such as the statement of the complainant and investigator's notes), and redacting names of students from the public version of a report concerning allegations against Erickson. All of these actions Steuer clearly took in his role as President. The only evidence of malice is that Erickson believes malice could be inferred from the totality of the alleged contract breaches. The uncontradicted testimony of Steuer is that he was personally close with Erickson prior to the allegations of sexual harassment, and that it was with great personal regret that he took actions against him in a professional role. The Court finds that Erickson has not raised a genuine issue that Steuer acted with malice. Consequently, Steuer's motion for summary judgment on the tortious interference claim is granted. IV. Defamation The statements that Steuer made regarding Erickson were protected by a qualified privilege because he only made statements for proper purposes in his role as a college president. Harvet v. Unity Medical Center, 428 N.W.2d 574, 578 (Minn.App. 1988). This qualified privilege can only be defeated by a showing of actual malice. Id. Since Erickson cannot raise a genuine issue that Steuer acted with malice, Steuer's motion for summary judgment on the defamation claims is granted Based upon all of the files, records and proceedings herein that: 1) The Motion of Erickson for partial summary judgment [Docket No. 96] is DENIED; 2) The Motion of Gustavus Adolphus for summary judgment on Erickson's Title claim [Docket No. 157] is GRANTED; and 3) The Motion of Gustavus Adolphus and Steuer for summary judgment [Docket No. 168] is as to claims of breach of contract Appendix and as to all other claims. 1. The Court of Appeals for the Eighth Circuit has been presented with a claim for damages for employment discrimination under Title IX. See, O'Connor v. Peru State College, 781 F.2d 632 (8th Cir.1986). However, that decision did not determine whether such a claim is generally cognizable, because it was dismissed on the grounds that the employee, an athletic coach, did not work for a federally funded program. Id. at 639-42. 2. The Eighth Circuit has not addressed this issue. See Brine v. Univ. of Iowa, 90 F.3d 271, 276 (8th Cir.1996) (university did not \"challenge the proposition that a private right of action exists under Title IX\").", "7356_103.pdf": "Green River college drama teacher accused of voyeurism Originally published October 1, 2010 at 8:16 pm | Updated October 1, 2010 at 10:31 pm Green River Community College instructor is expected to be charged with voyeurism after a female student said he hid a camera in a women's dressing room while she changed her clothes, according to a probable-cause document from the Auburn Police Department. By Carly Flandro Green River Community College instructor is expected to be charged with voyeurism after a female student said he hid a camera in a women\u2019s dressing room while she changed her clothes, according to a probable-cause document from the Auburn Police Department. Gary K. Taylor, 71, is a drama instructor at the college. On Tuesday, he allegedly asked a student who was involved in a current play whether she could do an interview with the school newspaper later that day, according to the document. The student agreed, and Taylor told her she should try on different dresses to see which one to wear because her picture also would be taken. The student met Taylor at the women\u2019s dressing room and he gave her four dresses to try on, the document said. She changed while he waited outside, then showed him two of the dresses. As she was re-dressing, she noticed a camera that was sticking out between two pillows on a shelf inside the dressing room, the documents state. The student said the camera had been aimed at her, and she recognized it as one she had seen Taylor using to record past school performances, according to the document. She reported it at the college\u2019s main office, and while she was waiting for police to arrive, she played back the video. It showed Taylor placing the camera on the shelf and naked images of the student, according to the probable-cause document. Local News After a court appearance on Friday at the Norm Maleng Regional Justice Center in Kent, Taylor was released on his personal recognizance, but he was instructed to have no contact with the student, according to Ian Goodhew, deputy chief of staff in the King County Prosecutor\u2019s Office. Taylor\u2019s next court appearance is at 2 p.m. Monday, Goodhew said. Carly Flandro: 206-464-2108 or cflandro@seattletimes.com Carly Flandro", "7356_104.pdf": "By Levi Pulkkinen Oct 3, 2010 Drama teacher charged with taping student in changing room Green River Community College teacher accused of filming a 20-year-old student has been charged with voyeurism. Filing felony charges Monday afternoon, King County prosecutors contend Gary K. Taylor placed a video camera in the women's dressing room of the college's drama department. Just before noon on Tuesday, Sept. 28, Auburn police were called to the college after the woman reported finding the surreptitiously placed camera positioned to record women as they changed. The woman told officers she'd met with Taylor an hour earlier at the drama department, where Taylor suggested she try on four dresses for a photo shoot. After modeling two of the dresses for Taylor, she returned to the dressing room to change into her street clothes, according to charging documents. As she did so, she noticed a black video camera wedged between several pillows on a shelf inside the dressing room. Oct 3, 2010 Levi Pulkkinen Levi is a reporter for seattlepi.com \"(She) removed the camera and found that it had been aimed at her and had been recording her as she changed into the various dresses,\" an Auburn detective told the court. An Auburn detective told the court the woman recognized the camera as belonging to Taylor, who had previously used it to record performances at the school. According to charging documents, the video showed Taylor placing the camera, as well as the woman changing. Charging Taylor with voyeurism, prosecutors requested that he be barred from contact with the woman or Green River Community College. They did not ask that he be jailed in the case. Taylor, a 71-year-old Auburn resident, is expected to be arraigned Oct. 13 at the Norm Maleng Regional Justice Center in Kent. About Top Services \u00a9 2025 Hearst Newspapers Terms of Use Privacy Notice Interest Based Ads Your California Privacy Rights", "7356_102.pdf": "Cooper v. Gustavus Adolphus College, 957 F. Supp. 191 (D. Minn. 1997) U.S. District Court for the District of Minnesota - 957 F. Supp. 191 (D. Minn. 1997) March 28, 1997 957 F. Supp. 191 (1997) Jennifer COOPER, Plaintiff, v and Karle Erickson, Defendants. Civil No. 4-95-684. United States District Court, D. Minnesota, Fourth Division. March 28, 1997. *192 Susan M. Robiner and Daniel L. Palmquist, Leonard Street & Deinard, Minneapolis, MN, for defendant Gustavus Adolphus College and Axel Steuer. Paul R. Haik, Krebsbach & Haik, Minneapolis, MN, for defendant Karle Erickson TUNHEIM, District Judge. Karle Erickson was a tenured professor and a choir director at Gustavus Adolphus College (\"College\") until he was dismissed by the College for violating its Sexual Harassment Policy through his sexual contact with a student, plaintiff Jennifer Cooper. Cooper has settled and dismissed her claims against both defendants. The remaining claims are those of Erickson against the College and its President for violation of Title of the Education Amendments of 1972 (\"Title IX\"), 20 U.S.C. \u00a7\u00a7 1681, et seq., breach of contract, defamation, and tortious interference with contract. Cross-motions for summary judgment are before the Court. For the reasons set forth below, the Court grants summary judgment on all of the motions of the College and its President, except for certain contract claims. I. Title Claims Erickson brings claims under Title IX, alleging both that the procedural unfairness of his dismissal process and its contamination with gender bias are actionable under Title IX. He has not brought any claims under Title of the Civil Rights Act of 1964. Title prohibits sex discrimination on the part of educational programs that receive federal funds. The remedy for discrimination explicitly set forth in the statute is the denial of federal funding. The courts have recognized an implied cause of action on behalf of students and prospective students who are discriminated against in education. Franklin v. Gwinnett County, Pub. Sch., 503 U.S. 60, 112 S. Ct. 1028, 117 L. Ed. 2d 208 (1992); Cannon v. Univ. of Chicago, 441 U.S. 677, 99 S. Ct. 1946, 60 L. Ed. 2d 560 (1979); Yusuf v. Vassar College, 35 F.3d 709 (2d Cir. 1994). Furthermore, a lawsuit under Title may challenge the validity of administrative regulations terminating federal funding of an educational institution that discriminated on the basis of sex in employment practices. North Haven Bd. of Educ. v. Bell, 456 U.S. 512, 102 S. Ct. 1912, 72 L. Ed. 2d 299 (1982) (\"Bell\"). *193 However, most courts have rejected the theory that employees of an educational institution have an implied cause of action for damages under Title IX. Lakoski v. James, 66 F.3d 751, 754 (5th Cir.1995); Howard v. Bd. of Educ. Sycamore Community Unit, 893 F. Supp. 808, 815 (N.D.Ill.1995); Wedding v. Univ. of Toledo, 862 F. Supp. 201, 203-04 (N.D.Ohio 1994); Storey v. Bd. of Regents, 604 F. Supp. 1200, 1205 (W.D.Wis.1985). These courts have all reached the conclusion that since Title provides a comprehensive and carefully balanced remedial mechanism for redressing employment discrimination, and since Title does not clearly imply a private cause of action for damages for employment discrimination, none should be created by the courts. The only federal case cited by the parties to the contrary is Henschke v. New York Hospital-Cornell Medical Ctr., 821 F. Supp. 166, 172 (S.D.N.Y.1993). This case sums the private cause of action that students and prospective students have under Cannon and [1] [2] Franklin together with the cause of action to challenge rules related to federal funding and employment discrimination under Bell. Id. at 172. The case fails to appropriately consider the impact of the existence of Title remedies for employment discrimination. The Court will join others in rejecting the analysis of Henschke and concluding that there is no private action for damages available to a college employee under Title for sex discrimination. See, e.g., Lakoski, 66 F.3d at 754. Erickson also argues that Title and its implementing rule create federal rights to a fair process for faculty members accused of sexual harassment. The theory is that Title and 34 C.F.R. \u00a7 106.8(b) require an equitable grievance procedure for handling sexual harassment, that this is a federal mandate requiring recipient educational programs to adopt and implement a process which is equitable to employees accused of discrimination as well as their accusers, that the process adopted and implemented by the College failed to meet this requirement of federal law, and that there is a private cause of action to remedy this wrong. Erickson relies upon a case from a state trial court in New York, Starishevsky v. Hofstra Univ., 161 Misc.2d 137, 612 N.Y.S.2d 794, (N.Y.Sup.Ct.1994). This case is flawed in that it mixes together principles of federal and state law and fails to distinctly analyze federal law, but the facts are the closest to the case at bar. Starishevsky was a Hofstra University administrator who was dismissed following charges of sexual harassment pursued through University procedures created under Title and its implementing rule. This rule requires educational programs receiving federal funds to adopt grievance procedures providing for \"prompt and equitable resolution of student and employee complaints\" of sex discrimination. 34 C.F.R. \u00a7 106.8(b). Starishevsky successfully challenged the fairness of the University's procedures on grounds analogous to the issues raised by Erickson. The court began its analysis by citing a principle of New York law that a university's decision to discipline a faculty member must be predicated on procedures which are fair and reasonable and which lend themselves to a reliable determination. Starishevsky, 161 Misc.2d at 145, 612 N.Y.S.2d 794. The court cited numerous cases developing the particulars of this right under New York law for a fair hearing for faculty members. Id. The Starishevsky court then observed that federal rules require a \"prompt and equitable\" grievance procedure, asserting, without citation, that this requires a procedure \"fundamentally fair to both the accused and the accuser.\" Id. at 146, 612 N.Y.S.2d 794. The *194 court then bundled together the federal and New York law to recognize a right of one accused of sexual harassment to a fair hearing with certain procedures that Hofstra University had failed to provide. Id. at 146-47, 612 N.Y.S.2d 794. In an additional analysis, the court found the dismissal to be arbitrary and capricious under a New York procedure for judicial review of dismissals by educational institutions. Id. at 147-50, 612 N.Y.S.2d 794 (citing Article 78). Significantly, the case came before the court as a petition for judicial review under Article 78 and Title was merely referred to as one of the sources of the petitioner's rights, not as the vehicle for a cause of action. Starishevsky is a New York state case applying New York law, in which the federal issue is not analyzed distinctly. Erickson has not argued that employees of private colleges in Minnesota have rights comparable to those which appear to exist in New York. Furthermore, even if the Court were to agree that Title requires that any grievance process be fair to an accused employee, Erickson has failed to demonstrate that such a right may be enforced through a private cause of action. Indeed, a statutory right to due process in grievance proceedings under Title has been implicitly rejected in Yusuf v. Vassar College, 35 F.3d 709 (2d Cir.1994). There, a student who had been found to have committed sexual harassment and suspended for that reason sued under Title to challenge his suspension. The Second Circuit held that alleged flaws in a sexual harassment procedure were not actionable in the absence of a \"particularized allegation relating to a causal connection between the flawed outcome and gender bias.\" Id. at 715. Under Yusuf, there is no Title statutory due process right separate from a right to be free from discrimination, even for a student. This must be all the more true for an employee, whose action for damages for discrimination must be found in Title VII, not Title IX. The Court rejects any claim for employment discrimination on the basis of sex under Title IX, as Title is the only remedy for such a claim. Furthermore, the Court holds that there is no statutory right to due process in grievance proceedings under Title separate from its prohibition of discrimination. On the Title claims, the Court grants summary judgment to the College and denies Erickson's motion for summary judgment. II. Contract Claims The contract that governs Erickson's employment is the Faculty Manual. This Faculty Manual includes certain appendixes that deal with specific issues. Appendix governs dismissal proceedings. It provides for procedural rights which Erickson claims the College violated. Appendix creates a discrimination and sexual harassment grievance procedure. If this matter were to go to trial, the College would dispute whether Appendix applied during the relevant period, or whether it was superseded by the All College Policy on Sexual Harassment. However, in making this motion for summary judgment, the College concedes that this is a factual dispute, and it argues that even if Appendix is applied, all of Erickson's rights under it were respected. Appendix provides for both an informal and a formal process for handling sexual harassment or other discrimination grievances. The informal process requires very little, and there is no dispute that its requirements were met. The formal process requires many steps which the College admits it did not follow, such as a written complaint served on the respondent and an independent hearing officer. The critical portion of Appendix is the part that specifies when a formal process is required: If the matter is not resolved to the complainant's satisfaction through this informal process within 10 working days, the complainant may proceed to file a formal discrimination/sexual harassment grievance. This unambiguously gives the complainant, not the accused, sole discretion to initiate a formal process. This contractual term must be enforced by the Court. The Court finds that Erickson has not raised a genuine issue *195 of fact that the College failed to comply with Appendix of the Faculty Manual. Appendix provides that a faculty member with continuous tenure facing dismissal is entitled to: 1) settlement discussions with administrative officers; 2) settlement discussions with a panel designated by the administration, the faculty member, and the Faculty Senate; 3) presentation of a statement of charges by the President or his delegate; 4) a hearing by the Faculty Senate; 5) an opportunity to respond in writing to the charges; 6) the right to remove members of the Faculty Senate from the hearing (two preemptory strikes, and others for cause); 7) notice of the hearing with specific charges in writing at least 20 days prior to the hearing; 8) a prehearing meeting; 9) a consultation with the Faculty Senate on whether to close the hearing; 10) representation by counsel; 11) observation of the hearing by a representative of an education association; 12) a hearing where any probative evidence may be admitted, without regard to strict rules of legal evidence; 13) an opportunity to obtain necessary witnesses and documentary or other evidence, with the administration cooperating with the Faculty Senate in securing witnesses and making available documentary and other evidence; 14) the right to confront and cross-examine all witnesses; 15) a verbatim record of the hearing; and 16) a right to have the administration prove by a preponderance of the evidence to the Faculty Senate that it had adequate cause for dismissal. Furthermore, Appendix provides that, except for administrative facts about matters such as the time of the hearing and such, public statements and publicity about a case are to be avoided by all parties as far as possible until the proceedings have been completed review of the facts shows that Erickson has raised a genuine issue concerning whether his contractual rights were violated insofar as the administration did not allow him to have access to certain documents and witnesses. Erickson was not given a copy of the 12 page written summary of the allegations written by Jennifer Cooper. He was not given investigative notes of the investigator Ruth Johnson. Erickson did not have an opportunity to \"obtain necessary witnesses,\" in particular, Jennifer Cooper. Based on these facts, the Court denies summary judgment as to claims that the College violated Appendix of the Faculty Manual. However, the factual issues involved in this claim also preclude granting Erickson's motion for summary judgment. III. Tortious Interference with Contract Erickson alleges that Axel Steuer, the President of the College, intentionally interfered with his employment contract with the College. Steuer moves for summary judgment on the grounds that Steuer acted only in his capacity as President of the College corporate officer or agent is privileged to interfere with or cause a breach of another employee's employment contract with the company, if that person acts in good faith believing that his or her actions are in furtherance of the company's business. Nordling v. Northern States Power Co., 478 N.W.2d 498, 506 (Minn.1991). This privilege may be lost if the defendant's actions are predominantly motivated by malice and bad faith, that is, by personal ill-will, spite, hostility, or a deliberate intent to harm the plaintiff. Id. The allegations against Steuer are all identical to the alleged breaches of the contract. This includes Steuer's actions in instructing the sexual harassment investigator concerning which procedures to follow, suspending Erickson without consulting the Faculty Senate, denying Erickson access to certain written records (such as the statement of the complainant and investigator's notes), and redacting names of students from the public version of a report concerning allegations *196 against Erickson. All of these actions Steuer clearly took in his role as President. The only evidence of malice is that Erickson believes malice could be inferred from the totality of the alleged contract breaches. The uncontradicted testimony of Steuer is that he was personally close with Erickson prior to the allegations of sexual harassment, and that it was with great personal regret that he took actions against him in a professional role. The Court finds that Erickson has not raised a genuine issue that Steuer acted with malice. Consequently, Steuer's motion for summary judgment on the tortious interference claim is granted. IV. Defamation The statements that Steuer made regarding Erickson were protected by a qualified privilege because he only made statements for proper purposes in his role as a college president. Harvet v. Unity Medical Center, 428 N.W.2d 574, 578 (Minn.App. 1988). This qualified privilege can only be defeated by a showing of actual malice. Id. Since Erickson cannot raise a genuine issue that Steuer acted with malice, Steuer's motion for summary judgment on the defamation claims is granted Based upon all of the files, records and proceedings herein that: 1) The Motion of Erickson for partial summary judgment [Docket No. 96] is DENIED; 2) The Motion of Gustavus Adolphus for summary judgment on Erickson's Title claim [Docket No. 157] is GRANTED; and 3) The Motion of Gustavus Adolphus and Steuer for summary judgment [Docket No. 168] is as to claims of breach of contract Appendix and as to all other claims [1] The Court of Appeals for the Eighth Circuit has been presented with a claim for damages for employment discrimination under Title IX. See, O'Connor v. Peru State College, 781 F.2d 632 (8th Cir.1986). However, that decision did not determine whether such a claim is generally cognizable, because it was dismissed on the grounds that the employee, an athletic coach, did not work for a federally funded program. Id. at 639-42. [2] The Eighth Circuit has not addressed this issue. See Brine v. Univ. of Iowa, 90 F.3d 271, 276 (8th Cir.1996) (university did not \"challenge the proposition that a private right of action exists under Title IX\"). 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.", "7356_105.pdf": "Green River college drama teacher accused of voyeurism Originally published October 1, 2010 at 8:16 pm | Updated October 1, 2010 at 10:31 pm Green River Community College instructor is expected to be charged with voyeurism after a female student said he hid a camera in a women's dressing room while she changed her clothes, according to a probable-cause document from the Auburn Police Department. By Carly Flandro Green River Community College instructor is expected to be charged with voyeurism after a female student said he hid a camera in a women\u2019s dressing room while she changed her clothes, according to a probable-cause document from the Auburn Police Department. Gary K. Taylor, 71, is a drama instructor at the college. On Tuesday, he allegedly asked a student who was involved in a current play whether she could do an interview with the school newspaper later that day, according to the document. The student agreed, and Taylor told her she should try on different dresses to see which one to wear because her picture also would be taken. The student met Taylor at the women\u2019s dressing room and he gave her four dresses to try on, the document said. She changed while he waited outside, then showed him two of the dresses. As she was re-dressing, she noticed a camera that was sticking out between two pillows on a shelf inside the dressing room, the documents state. The student said the camera had been aimed at her, and she recognized it as one she had seen Taylor using to record past school performances, according to the document. She reported it at the college\u2019s main office, and while she was waiting for police to arrive, she played back the video. It showed Taylor placing the camera on the shelf and naked images of the student, according to the probable-cause document. Local News After a court appearance on Friday at the Norm Maleng Regional Justice Center in Kent, Taylor was released on his personal recognizance, but he was instructed to have no contact with the student, according to Ian Goodhew, deputy chief of staff in the King County Prosecutor\u2019s Office. Taylor\u2019s next court appearance is at 2 p.m. Monday, Goodhew said. Carly Flandro: 206-464-2108 or cflandro@seattletimes.com Carly Flandro"} |
8,211 | David Sills | Southern Baptist Theological Seminary | [
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] | {"8211_101.pdf": "The Wartburg Watch 2024 Dissecting Christian Trends We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it. Ok 2/16/25, 11:23 David Sills Claims He Repented and Is Obedient to the Rules of the But He and Mary Are Still Shunned. They Are Expanding\u2026 1/15 David Sills Claims He Repented and Is Obedient to the Rules of the But He and Mary Are Still Shunned. They Are Expanding Their Lawsuit. Posted on Wed May 24, 2023 by dee \u201cMan is not, by nature, deserving of all that he wants. When we think that we are automatically entitled to something, that is when we start walking all over others to get it.\u201d \u2015 Criss Jami. Special thanks to Jerome, a knower of many things. In November 2022 wrote Former Professor David Sills, Accused of Abuse, and Wife Mary, Sue SBC, Guidepost, Jennifer Lyell, and Others For Defamation. This lawsuit did not surprise me. For those of you who have not been following this lawsuit, a review is in order. To recap: Lyell was a 26-year-old MDiv student at Al Mohler\u2019s Southern Baptist Theological Seminary. Davi Sills, a professor, is accused of grooming her. This resulted in a 12-year relationship which Lyell and others, including Al Mohler, considered an abuse of the power differential. He was forced to resign and disagreed with the interpretation of events. He and his wife sued the following person and entities: The Southern Baptist Convention, Ed Litton, former president Bart Barber, current president Willie McLaurin, interim Executive Committee (EC) president Rolland Slade, former chair of the EC, Jennifer Lyell, The Southern Baptist Theological Seminary (SBTS), Albert Mohler president, Lifeway, Eric Geiger, former Lifeway executive, Guidepost Solutions, a third-party investigative firm secured in 2021 by the Sexual Abuse Task Force, From my post: It looks like the alleged abuser and his wife are fighting back and are hunting for bear. Sadly, this will be one to watch since it will hurt the victim, Jennifer Lyall, and many of those in the who have sought to defend her. Baptist News posted: Sills files suit against and 11 other defendants, claiming his relationship with Lyell was consensual, and he became a \u2018scapegoat\u2019 in the SBC\u2019s sexual abuse crisis. This rare scene features star Wolf-Rayet 124 framed by a colorful halo of gas and dust before exploding in a supernova, NASA/James Webb We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it. Ok 2/16/25, 11:23 David Sills Claims He Repented and Is Obedient to the Rules of the But He and Mary Are Still Shunned. They Are Expanding\u2026 2/15 Lyell\u2019s claim that she was abused by David Sills while he was a professor at Southern Baptist Theological Seminary resulted in a controversial news story published by Baptist Press, the denominational news service, which portrayed the relationship as consensual. Lyell contends it was not consensual. After several years of dispute, the Executive Committee earlier this year reached a financial settlement with Lyell and issued a public apology for the Baptist Press story. According to Relevant Magazine in The President Is Defending a Sexual Abuse Survivor From Attempts to Discredit Her Story: In 2019, Lyell wrote her story of sexual abuse at the hands of a former Southern Baptist seminary professor and sent the story to a Christian news outlet. But when the Southern Baptist Convention\u2019s Executive Committee\u2019s Baptist Press published her story, it did not characterize it as a story of abuse but as a \u201cmorally inappropriate relationship.\u201d Online, Lyell was branded as an \u201cadulteress\u201d instead of a survivor of abuse, and \u201clost her job, her reputation and her health,\u201d according to the Washington Post. It got so bad that, in 2021, she told Religion News Service she wished she had never gone public. But then the Guidepost investigation and report happened. According to Baptist Press, Jennifer Lyell\u2019s name appeared on 36 pages of that investigation. Background on what is alleged The Courier-Journal in 2019 posted Southern Baptist professor accused of sexually abusing student \u2018by design\u2019 over a decade. In a statement posted on her website, Jennifer Lyell, who is now 41 and works for a major Christian book publisher, said Sills first \u201csexually acted\u201d against her on a mission trip in 2004 and that the relationship continued until she was 38. She said she was a 26-year-old Master of Divinity student when it began. He was a Southern Baptist Theological Seminary professor and was allowed to resign. Lyell said the reason she didn\u2019t report Sills\u2019 alleged abuse sooner and he was able to continue \u201cgrooming and taking advantage\u201d of her for so long was because he made her feel part of his family. She said when she reported what happened to Mohler and her boss at Nashville, Tenn.-based LifeWay Christian Resources, she accepted responsibility for \u201cbeing compliant at times\u201d and not reporting the allegations sooner am not a sinless victim,\u201d she said, \u201cbut am a victim nonetheless.\u201d She praised Mohler and the seminary for taking \u201cimmediate action\u201d against Sills after he admitted \u201cinappropriate sexual activity\u201d and for handling the situation \u201cjustly and as asked.\u201d She also said Sills\u2019 Louisville church took action after he resigned from the seminary May 23. End of a way too long quote from my post. David and Mary Sills claim they have been made the scapegoat for the sex abuse crisis. Is this true? Hmmm One might imagine that such a list of people and entities to be sued would keep the Sills and their lawyer(s) busy for a while was particularly interested in the portion of the suit against the since the claims it is merely an entity of individual, autonomous churches have been waiting for this to be challenged in court predict that eventually, the will be declared the de facto head of all the churches, and the fun will begin. But, surprise, the Sills were not finished. David and Mary claim he cannot find work in Christian ministry. On May 12, 2023, Religion News Services posted David Sills, former seminary professor named in Guidepost report, sues SBC. Let\u2019s look at the Sills\u2019 claims carefully. In a complaint filed Thursday (May 11) in the U.S. District Court for Middle Tennessee, Sills and his wife, Mary, claim he was made a scapegoat for the denomination\u2019s sex abuse crisis. \u201cAfter various mischaracterizations, misstatements, and contrived investigations by Defendants, Plaintiffs have been wrongfully and untruthfully labeled as criminals and shunned by the and every other religious organization with which Plaintiff Sills has tried to associate,\u201d the complaint alleges. \u2026the complaint alleges that the seminary\u2019s president, Albert Mohler, as well as members of the SBC\u2019s Executive Committee, the SBC\u2019s former president, Lyell and others, then conspired to shame Sills, who alleges he has no longer been able to find work in Christian ministry. This raises an interesting question. Should a seminary professor who engaged in a 16-year sexual relationship with a student, a relationship many might claim is an abuse of the power differential, expect to find a job in Christian ministry? Sills claims he is repentant. He also claims he is obedient to rules. Could folks in the know email me a copy of these so-called \u201crules\u201d written by the know about the ten commandments. Maybe leaders get a copy of the rules had a pastor who claimed that people cook the books regarding rules. Often people who claim to be perfectly obedient follow a set of rules they can follow and don\u2019t add in rules they cannot or don\u2019t wish to follow. For example, the guy with a temper and yells omits that from his rule book. However, he has things he can follow in his book, like shoveling his neighbor\u2019s walkway. So he follows all the rules\u2026Please get me the official rule book ASAP! \u2026Sills admits his conduct with the student, Jennifer Lyell, was inappropriate and says he was \u201crepentant and obedient to the rules of the think that anyone who has a 16-year sexual relationship with a student and then claims all is well, could be cooking the books, but who knows? But sixteen years with no repentance during that time by a professor at the premier seminary? Good night! The and every other religious organization have shunned David. What about Mary am not a lawyer, but found it interesting that the suit does not mention the shunning of Mary. Could it be that Mary has a job in the broader religious sector? She does. She works at the United Methodist school, Millsaps College. She is on the staff of the Office of Academic Affairs. We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it. Ok 2/16/25, 11:23 David Sills Claims He Repented and Is Obedient to the Rules of the But He and Mary Are Still Shunned. They Are Expanding\u2026 3/15 Does being shunned by every religious organization involve membership in the church? It does for me. Here is a link to a bulletin at First Presbyterian Church, Jackson, Mississippi. Look who was welcomed into membership. They have been restored to church membership. Not too bad for participating, as a Christian professor, in a 16-year disturbing relationship with a student wonder how many of us would be admitted to the church with a similar background. David Sills has his own real estate business in Jackson, Mississippi, so he has a job with a way to earn income. Here is a link to his group. Final thoughts We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it. Ok 2/16/25, 11:23 David Sills Claims He Repented and Is Obedient to the Rules of the But He and Mary Are Still Shunned. They Are Expanding\u2026 4/15 Comments David Sills Claims He Repented and Is Obedient to the Rules of the But He and Mary Are Still Shunned. They Are Expanding Their Lawsuit. \u2014 57 Comments David Sills has moved on in his life. He had a real estate business. His wife works for a Methodist-based college, and bet she has a decent income. Both have been admitted to church membership. They should spend the rest of their lives thanking God for what they have. But instead believe that they seem entitled. They want it all think that God may be disciplining them while at the same time giving them a way to earn a living and participate in a church don\u2019t get them. David knows better. He was in an institution that is the home of demanding church discipline. What did he think would happen? That life would continue with no harm, no foul believe these lawsuits will not bring honor into their lives. But they may get money. Is that what it\u2019s about? They should consider letting go and humbly living out the faith for years to come. They will be subject to much pain with depositions and court cases. Repentance takes time and is lived out over many, many years. It could last to the end of one\u2019s life. So then, one faces God with a well-lived life instead of suing everybody and his brother! Could anyone send me the definitive rule book? Old Timer on Wed May 24, 2023 at 09:51 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 First? Dee, you are correct in noting that the courts will have to rule on the autonomy of churches. Like you will be curious as to the outcome. \u201cRepentance takes time and is lived out over many, many years have to wonder how Sills (and others) will face God in eternity for what they have done. Muff Potter on Wed May 24, 2023 at 11:36 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 It seems the whole Country is sue happy these days. It ain\u2019t just folks who are pi$$ed off at the on Thu May 25, 2023 at 06:52 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Today\u2019s post serves up well-aged entitlement with hypocrisy sauce and a side of DARVO. Bon app\u00e9tit. christiane on Thu May 25, 2023 at 07:16 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 That part about Sills making the victim feel like a part of the family (according to the victim) sounds strange to me. Did Mrs. Sills condone the relationship of her husband to the victim? No doubt that Jennifer Lyell is a \u2018victim\u2019 in the sense that there was a \u2018power differential\u2019 in that a professor and a student are on the same level of authority. So can agree with this think that anyone who has a 16-year sexual relationship with a student and then claims all is well, could be cooking the books, but who knows? But sixteen years with no repentance during that time by a professor at the premier seminary? Good night!\u201d Lyell is right when she says she is \u2018not sinless\u2019 as she was an adult, not a minor. Is anything known about Lyell\u2019s claim that she felt included in \u2018the family found that ominous and creepy and wondered about how this was exhibited to her in her opinion if there were any revelations that put clarity on that strange comment. Two adults. One having professorial authority over the other in her student role wife who supports her husband (?) Just on the grounds of a power differential, one would hope that the courts might take the positions of the \u2018professor\u2019 and the \u2018student\u2019 as non-equals in authority under consideration, yes. Therein lies moral support for Ms. Lyell\u2019s case. Dark story, this. Our human frailties are magnified when conducted under the \u2018auspices of the Church\u2019 in any capacity . . . there is also a violation of \u2018trust\u2019 in that the professor was employed under the auspices of a Christian entity . . . one expects \u2018better\u2019; one hopes for better We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it. Ok 2/16/25, 11:23 David Sills Claims He Repented and Is Obedient to the Rules of the But He and Mary Are Still Shunned. They Are Expanding\u2026 5/15 but the track \u2018record\u2019 . . . . . (sigh) Tom Rubino on Thu May 25, 2023 at 07:48 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Again, we see the common confusion of believing that some form of repentance automatically leads to restoration to vocational ministry. Receiving forgiveness/being restored to the church and being trusted (again) with the privilege of leading God\u2019s flock mutually exclusive. Arrogant men, thinking that they have the right to be involved in Christian ministry after committing gross sins should learn from the example of John Profumo. John Berry on Thu May 25, 2023 at 08:04 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 This is extraordinary don\u2019t know how it works legally in the but every entity he is suing can\u2019t conceivably have a liability towards him. In the the one he would take to the employment tribunal would be the seminary if he disagreed with their interpretation of events. Given that his employment contract probably includes a clause about not sleeping with the students he would probably lose anyway unless the seminary hadn\u2019t followed their procedures. You would think a lawyer would advise their client to accept that sleeping with a student would end their teaching career. Bob on Thu May 25, 2023 at 09:07 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 This man should be on the State\u2019s Sexual Offender registry, and he is restored to church membership? What the Double toothpicks? Bob on Thu May 25, 2023 at 09:10 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Standard Church Covenant. Having been brought as we trust, by divine grace, to accept the Lord Jesus Christ as our Saviour and to give ourselves wholly to Him, we do now solemnly and joyfully covenant with each other, and in His strength do engage: That we will walk together in brotherly love and will exercise a Christian care and watchfulness over each other and faithfully warn and exhort; and as occasion may require will admonish one another in the spirit of meekness, considering ourselves, lest we also be tempted, and that as we have been buried with Christ in baptism, and raised again, so there is on us special obligation henceforth to walk in newness of life; That we will not forsake the assembling of ourselves together, but will uphold the public worship of God and the ordinances of His house, and will cheerfully contribute according as He may prosper us for the maintenance and spread of the Gospel and for the relief of the poor; That we will not omit private and family devotions nor neglect the religious education of our children and those under our care for the service of Christ; That we will seek divine aid to enable us to deny all ungodliness and every worldly lust, to walk circumspectly in the world to the end that we may by our influence win souls for Christ; That we will be just in our dealings, faithful in our engagements, temperate in our lives, and by our counsel and example strive to promote every good work for the elevation of mankind; That we will remember each other in prayer, visit and aid each other in sickness, and seek to cultivate and maintain Christian sympathy and courtesy and earnestly endeavor to avoid doing, or giving utterance to anything which may grieve or offend any from the least to the greatest of those for whom Christ died; And may the God of peace, who brought again from the dead our Lord Jesus Christ, that Great Shepherd of the sheep, through the blood of the everlasting Covenant, make us perfect in every good work, to do His will; working in as that which is well-pleasing in his sight, through Jesus Christ, to whom be glory forever and ever. Amen. Don Jones on Thu May 25, 2023 at 09:26 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 \u201cCan\u2019t find work in Christian ministry young man that personally know took money from an account at a bank that he worked at to cover his gambling addiction. He was confronted and confessed to what he had done and didn\u2019t make excuses. He was very repentant. He reimbursed the funds. He is prohibited from working in the banking industry the rest of his life. He pursued another direction and has done well. We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it. Ok 2/16/25, 11:23 David Sills Claims He Repented and Is Obedient to the Rules of the But He and Mary Are Still Shunned. They Are Expanding\u2026 6/15 Max on Thu May 25, 2023 at 10:22 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Tom Rubino: Again, we see the common confusion of believing that some form of repentance automatically leads to restoration to vocational ministry. Receiving forgiveness/being restored to the church and being trusted (again) with the privilege of leading God\u2019s flock mutually exclusive. Exactly! The Wartburg Watch has published several pieces about church leaders who committed immoral sin being restored to ministry after a brief \u201crestoration\u201d period. There are no examples in the of bad-boy pastors being restored to ministry. Broken trust is hard to fix, but when the pulpit betrays the pew it is darn near irreparable. Headless Unicorn Guy on Thu May 25, 2023 at 10:29 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Bob M: This man should be on the State\u2019s Sexual Offender registry, and heis restored to church membership?What the Double toothpicks? \u201cTouch Not Mine Anointed\u201d, remember? \u201cIf you question what say or do FATHER, TOO!\u201d \u2014 Steve Taylor Manipulate\u201d Headless Unicorn Guy on Thu May 25, 2023 at 10:32 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 christiane: That part about Sills making the victim feel like a part of the family (according to the victim) sounds strange to me. So did Douggie of Vision Forum. Did Mrs. Sills condone the relationship of her husband to the victim? First Wife always outranks a mere Handmaid. And if she was Winsomely and Gospelly Submissive, whatever Biblical Man Husband wants, goes on Thu May 25, 2023 at 12:06 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 \u201cIn the spring of 2018, after more than two years of therapy, she disclosed to her boss at Lifeway that a former professor named David Sills had first \u201csexually acted\u201d against her \u2014 without her consent \u2014 during a mission trip he was leading while she was a seminary student. Lyell told she did not initially report what happened because she was in shock, confused and scared about what people would believe. Lyell says Sills, who was a surrogate father figure to her, eventually abused her again and then continued for years, even after she left seminary.\u201c \u201cIn the spring of 2019, Lyell, then a well-respected leader in Christian publishing, decided to publicly disclose that she was a survivor of sexual abuse. She did so after learning her abuser, a former Southern Baptist seminary professor, author and missionary, had recently returned to ministry. Lyell feared he would once again have the opportunity to abuse others and wanted to stop that from happening.\u201d And the answer to that is \u201cit was consensual\u201d and scores of lawsuits? And the penalty isn\u2019t jail time, but potentially an assessment by churches and institutions that the contention of non-consensual initiation and the alleged progression and pattern could constitute abuse as such. And the issue may be purported harm cuz potential barriers to well-compensated \u201cChristian ministry work mean, I\u2019m guessing that\u2019s what he might likely have aimed for versus setting up shop preaching on street corners in Ulan Bator, as he probably could\u2019ve gotten a position doing that (or provided himself a position)? Oracle at Delphi on Thu May 25, 2023 at 12:22 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Is First Pres in Jackson, MS, Ligon Duncan\u2019s former or current church? He\u2019s a Mohler BFF. That\u2019s interesting. Also, is it beneficial and does it play into Sills\u2019 hands to describe his behavior as the violation of criminal statutes that would put him on a State\u2019s sex abuse registry? Among his claims in the lawsuit is that officials have been saying such, but that is not true even if Ms. Lyell\u2019s claims are accepted completely don\u2019t believe the lawsuit will come to much. We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it. Ok 2/16/25, 11:23 David Sills Claims He Repented and Is Obedient to the Rules of the But He and Mary Are Still Shunned. They Are Expanding\u2026 7/15 nmgirl on Thu May 25, 2023 at 12:27 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Bob M: This man should be on the State\u2019s Sexual Offender registry, and heis restored to church membership?What the Double toothpicks? historically, Methodists do not judge their members. Unfortunately, that has changed with the schism. nmgirl on Thu May 25, 2023 at 12:29 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 delete don\u2019t know where read Methodist instead of Presbyterian. More coffee please. JJallday on Thu May 25, 2023 at 12:35 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 don\u2019t get them. David knows better. He was in an institution that is the home of demanding church discipline. What did he think would happen? That life would continue with no harm, no foul believe these lawsuits will not bring honor into their lives. But they may get money. Is that what it\u2019s about? They should consider letting go and humbly living out the faith for years to come. They will be subject to much pain with depositions and court cases.\u201d Well said, Dee. He has a real estate business, they have a church membership, God has forgiven them, but he must work in ministry! They need to sue to bring this all up again! So much for humility. So much for walking in gratefulness for what God is doing now in your life. Nancy2(aka Kevlar) on Thu May 25, 2023 at 03:53 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Many conservative people rank sexual abuse as a lesser offense, a lesser sin, than having women in positions of power. (Hello, Baptist Press!) \u2026\u2026. Sexual abuse of women and minors should be an issue kept within the local churches ( (Mike Stone, candidate for Pres., has stated this. He is all in for counseling offenders\u2026. keep it quiet, no law enforcement involved.). No real threat to spreading the \u2018gospel\u2019. \u2026\u2026. women in power is a full-blown denominational issue, that needs to be addressed at the national level. Women pastors are existential threats to both the and the gospel. What else should we expect from David Sills and his cronies??? If they had just kept his horrible, sinful, criminal behavior at the local level, Sills\u2019 pride, prestige, and power wouldn\u2019t have been so badly injured. Samuel Conner on Thu May 25, 2023 at 04:04 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 wonder to what extent that cultural practices that appear on the (specifically polygyny and concubinage) may influence the thinking of men who are looking for justifications for violating church ethical norms (not to mention marriage vows). Just thinking out loud. Is there no conscience/fear of God at all, or is the conscience inaccurate or the fear of God lulled by reflection on the \u2026 umm \u2026 \u201cprivileges\u201d of powerful males in the OT? Muff Potter on Thu May 25, 2023 at 04:47 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Nancy2(aka Kevlar): What else should we expect from David Sills and his cronies??? If they had just kept his horrible, sinful, criminal behavior at the local level, Sills\u2019 pride, prestige, and power wouldn\u2019t have been so badly injured. In an earlier time, that would have worked. But not now, not in this day and age of the internet and instant news media coverage. Surely they\u2019re smart enough to realize that? We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it. Ok 2/16/25, 11:23 David Sills Claims He Repented and Is Obedient to the Rules of the But He and Mary Are Still Shunned. They Are Expanding\u2026 8/15 Max on Thu May 25, 2023 at 05:59 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Samuel Conner: Is there no conscience/fear of God at all We always assume that these characters know God. If you don\u2019t know God, your conscience would not necessarily convict you of sin. Max on Thu May 25, 2023 at 06:06 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Nancy2(aka Kevlar): pride, prestige, and power Major drivers in the New Calvinist movement. When those are taken away, you are either broken and humbled or come out fighting. Samuel Conner on Thu May 25, 2023 at 06:17 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Max, The odd thing is that there are things that \u201ceven\u201d unbelievers recognize are wrong. Use of power differential to exploit a person in a position of weakness is one of those. We really need better proxies for character in hiring decisions in christian enterprises. Max on Thu May 25, 2023 at 06:30 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Samuel Conner: We really need better proxies for character in hiring decisions in christian enterprises. Yep. From the string of bad-boy reports on alone, it\u2019s obvious that a confession of faith, degrees from Christian universities, and experience in ministry are not necessarily good indicators of \u201cChristian.\u201d Scripture says \u201cYou will know them by their fruit guess we need better fruit inspectors in Christian institutions. dee on Thu May 25, 2023 at 10:02 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Oracle at Delphi, Thank you for your input think there is a possibility of a behind the scenes settlement with the dreaded NDA. FlatTop on Thu May 25, 2023 at 11:00 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 The entitlement to work in a ministry position again by people that have been perpetrators of sexual or financial abuse bothers me. Part of the problem struggle with is paid ministers to begin with. I\u2019m not totally against it, but it tends to define a lot of thinking when it comes to \u201cbeing in the ministry call this big \u201cM\u201d Ministry as opposed to little \u201cm\u201d ministry. Big \u201cM\u201d Ministry is a paid position with a fancy title. \u201cDid you hear about Billy-bob? He went into the full-time ministry at Pastor So-and-so\u2019s church.\u201d Being in the full-time ministry is proof that you have arrived. All the better if the title has the word \u201cpastor\u201d in it. Senior Pastor, Associate Pastor, Teaching Pastor, Music Pastor, Business Pastor. People that end up in the full-time ministry often aren\u2019t good for very much else. At least David has some real estate skills, but have seen too often that pastors involved in scandals just go out and start another ministry or are taken in by another pastor. They don\u2019t know how to do anything else. The best thing for these people would be to work a real job. It\u2019s a big question, of course, whether or not they could survive in a normal job, you know, the kind everyone else has to work, with all the stresses and everybody having an for the on something really important needing to be done by EOD, difficult coworkers, managers, etc. Then there\u2019s the whole nepotism aspect involved in big \u201cM\u201d ministry. The church we attend now, it\u2019s not really our church, we go mostly to support our kids. We like a lot of things about this church, but the the pastor is very good at keeping things all in the family. If he\u2019s out of town his father or his wife will preach even though there are several other pastor/elders who could preach. It\u2019s not that his father or his wife don\u2019t have good messages, usually they do, it\u2019s just that only We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it. Ok 2/16/25, 11:23 David Sills Claims He Repented and Is Obedient to the Rules of the But He and Mary Are Still Shunned. They Are Expanding\u2026 9/15 remember someone not in his family preaching maybe once. Recently he\u2019s hired two of his kids, maybe it\u2019s just for the summer. But guess this is sorta getting off topic. Little \u201cm\u201d ministry is serving God and others. Sometimes you get paid for this but mostly you don\u2019t. Nancy2(aka Kevlar) on Thu May 25, 2023 at 11:40 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 \u201d He was in an institution that is the home of demanding church discipline. What did he think would happen? That life would continue with no harm, no foul? \u201c He was part of the inner circle at the most prestigous seminary\u2026\u2026 bullet-proof \u2026..untouchable believe that is exactly what he thought believe he thought that either his victim would be ignored, or that the troops would rally \u2018round him and protect him. Muff Potter on Fri May 26, 2023 at 12:08 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Nancy2(aka Kevlar believe he thought that either his victim would be ignored, or that the troops would rally \u2018round him and protect him think that for him it\u2019s gonna\u2019 be like Berlin in March-April of 1945. Nancy2(aka Kevlar) on Fri May 26, 2023 at 12:27 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Muff Potter, I\u2019m afraid his ego may be the only structure that gets damaged. Of course get this feeling that his ego is his most important part. Nancy2(aka Kevlar) on Fri May 26, 2023 at 12:32 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Max, They think no one will ever go all tattle-tale on them. MOD: Did you mean to change your email address Max on Fri May 26, 2023 at 08:59 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Nancy2(aka Kevlar): the troops would rally \u2018round him and protect him Happens all the time in New Calvinism \u2026 they stand by their man until the potato becomes too hot to handle. Nancy2(aka Kevlar) on Fri May 26, 2023 at 10:16 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Nancy2(aka Kevlar), No did not mean to change the address. I\u2019m sorry need to remember to proofread\u2026\u2026 every time. Keys on my new iPad are different\u2026.take a much firmer hit than my old one, and am not adapting well. Headless Unicorn Guy We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it. Ok 2/16/25, 11:23 David Sills Claims He Repented and Is Obedient to the Rules of the But He and Mary Are Still Shunned. They Are Expanding\u2026 10/15 on Fri May 26, 2023 at 10:57 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 JJallday: Well said, Dee. He has a real estate business, they have a church membership, God has forgiven them, but he must work in ministry! Because that real estate business is SECULAR(TM), of the Flesh instead of the Spirit. \u201cSpiritual Good, Physical BAAAAAAAAAAAAD!\u201d Remember the Heresy of Clericalism? That Priests, Monks, Nuns, and Full Time Ministry is acceptable in the eyes of God? Headless Unicorn Guy on Fri May 26, 2023 at 10:59 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Max: Happens all the time in New Calvinism \u2026 they stand by their man until the potato becomes too hot to handle. Then it\u2019s \u201cdoulbeplusungood ref doubleplusunperson\u201d. JJallday on Fri May 26, 2023 at 12:34 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 You are right HUG. Poor me, working my secular job for the past 25 years, showing up on time, being a team player, loving my enemies, and crying in the bathroom with a co-worker whose young husband got stage 4 cancer. Oh, and giving her meal delivery cards using my own money. Yep, no chance to shine the light of Christ in a secular job. Muff Potter on Fri May 26, 2023 at 01:54 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Nancy2(aka Kevlar): Keys on my new iPad are different\u2026.take a much firmer hit than my old one, and am not adapting well got so hopelessly befuddled trying to work an iPad chucked it into the Mariana trench (so to speak). Now just stick to my desk-top PC. Same with \u2018phones was finally able to get a \u2018simple\u2019 old-fashioned flip-phone. No bells, no whistles, no internet, no ups, no extras. It\u2019s just a phone am now a confirmed Luddite. Muff Potter on Fri May 26, 2023 at 02:13 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Anyways, back to the topic at hand. I\u2019m wondering if one day there\u2019ll be a split in the SBC, much like Lutheranism split into and ELCA. Jeffrey Chalmers on Fri May 26, 2023 at 02:21 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Headless Unicorn Guy, This exchange, and Dee\u2019s main points in the post really does get to me\u2026 How many times have us pew peons been \u201cpreached to\u201d about being \u201cG4dly witnesses\u201d and how \u201cbad\u201d we were for doing X,Y, or Z\u2026 All of the disgusting stuff that keeps getting exposed, usually, by, as calls it \u201cthe clerical class\u201d, just makes my blood boil..not so much about how depraved this clerical class is, just that ever took stuff they said serious\u2026 especially with respect to my personal behavior.. FlatTop on Fri May 26, 2023 at 03:12 said: We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it. Ok 2/16/25, 11:23 David Sills Claims He Repented and Is Obedient to the Rules of the But He and Mary Are Still Shunned. They Are Expanding\u2026 11/15 Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Jeffrey Chalmers, I\u2019ve noticed this same thing. Among the non-clergy christians know, (the \u201claity\u201d) there is less morally repugnant behavior than the clergy I\u2019ve known. And if a member of the non-clerical class does exhibit disgusting behavior, and someone says something about it, a cleric is quick to defend their behavior, and there will follow, for the benefit of the one who objected about it, a sermon about being a pharisee, taking the log out of their eyes, etc. Nancy2(aka Kevlar) on Fri May 26, 2023 at 04:19 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Muff Potter, Adjusting to this iPad has been difficult love iPads. This one replaced my old one that had had for 8 years\u2026..and it was very, very touch sensitive just about have to bang on this one! But, a part of my problem is that we live in what call a technological desert\u2026\u2026signals come and go\u2026\u2026. Dish tv, cell phone, computer few months ago, we had no satellite service for over 2 weeks! Occasionally, the and the iPad will just freeze for a moment. We\u2019re waiting for a fiber optic line they are supposed run below our house at the end of the year. My son-in-law has his own business (well, 51% of it) that he and a partner built from scratch a few years ago. He and my daughter have the newest and best of everything in phones, etc \u2026. Even they don\u2019t get a good signal at our house! Call my cell number or message it and won\u2019t know until get in the car and drive about 3 miles. We still have to have a land line all of the time, and and we have to use our old tv antenna sometimes. Ava Aaronson on Fri May 26, 2023 at 04:46 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Jeffrey Chalmers: clerical class Highly overrated. IMHO. Ava Aaronson on Fri May 26, 2023 at 04:50 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 FlatTop: Little \u201cm\u201d ministry is serving God and others. Sometimes you get paid for this but mostly you don\u2019t. Sounds like the New Testament. Nancy2(aka Kevlar) on Fri May 26, 2023 at 07:00 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Ava Aaronson, Many of today\u2019s evangelical big dogs do not want to work like the Apostle Paul did\u2026\u2026. but they do want the the influence and the fame \u2026 and much more \u2026. and they don\u2019t want to wait a century or two. Max on Fri May 26, 2023 at 09:21 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Muff Potter: I\u2019m wondering if one day there\u2019ll be a split in the SBC, much like Lutheranism split into and ELCA. No doubt about it. Southern Baptists have had several splits over this and that during the past 150 years. That\u2019s just what they do. Ava Aaronson on Sat May 27, 2023 at 08:39 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it. Ok 2/16/25, 11:23 David Sills Claims He Repented and Is Obedient to the Rules of the But He and Mary Are Still Shunned. They Are Expanding\u2026 12/15 Nancy2(aka Kevlar): Many of today\u2019s evangelical big dogs do not want to work like the Apostle Paul did\u2026\u2026. but they do want the the influence and the fame \u2026 and much more \u2026. and they don\u2019t want to wait a century or two. Well then, it seems it\u2019s all about them. Nothing to do with God. Fake. Famous. Froth with evil. Full of themselves. Max on Sat May 27, 2023 at 09:48 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Ava Aaronson: it seems it\u2019s all about them. Nothing to do with God. Fake. Famous. Froth with evil. Full of themselves \u201cUnspeakable! Sickening! What\u2019s happened in this country? Prophets preach lies and priests hire on as their assistants. And my people love it. They eat it up! But what will you do when it\u2019s time to pick up the pieces?\u201d (Jeremiah 5:31 MSG) Erp on Sat May 27, 2023 at 12:18 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Muff Potter: Anyways, back to the topic at hand. I\u2019m wondering if one day there\u2019ll be a split in the SBC, much like Lutheranism split into and ELCA. The has been separate from the other Lutheran strands ever since they first established themselves in the US. One small group of did split from the (1974, Seminex) and eventually became a small section of when it first formed (1988) from several Lutheran strands. The itself was formed by some German speaking Lutherans who wanted independence from the Lutheran state established churches back in Europe (see for instance Saxon Lutheran immigration of 1838\u201339 and the trajectory of Pastor Martin Stephan\u2019s career [very relevant to Wartburg Watch]). Headless Unicorn Guy on Tue May 30, 2023 at 10:31 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Nancy2(aka Kevlar): He was part of the inner circle at the most prestigous seminary\u2026\u2026 bullet-proof \u2026..untouchable. Touch Not Mine Anointed(TM), remember. bob on Wed May 31, 2023 at 10:47 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Max: We always assume that these characters know God.If you don\u2019t know God, your conscience would not necessarily convict you of sin. This is the issue ISSUE. If you know God, are a believer in Christ, and God is real, it is possible for you to sin. But God will discipline you. Christ will do the sovereign work of sanctifying you (Philippians 1:6), \u201d being confident of this, that he who began a good work in you will carry it on to completion until the day of Christ Jesus.\u201d However, if you are merely a hanger-on, a person who professes faith but is not truly indwelt by the Spirit of God, you can twist the scriptures to condone any kind of sinful departure from biblical morals. elastigirl on Wed May 31, 2023 at 12:11 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 bob M, \u201cHowever, if you are merely a hanger-on, a person who professes faith but is not truly indwelt by the Spirit of God, you can twist the scriptures to condone any kind of sinful departure from biblical morals.\u201d ++++++++++++++++++++ any human being on any spirituality spectrum is fully capable of this. \u201cbiblical morals\u201d \u2013 which interpretation are those? any number of so-called biblical morals are unethical. \u2026having the impulse to both laugh and cry at the same time as a faith sojourner is so tiring. We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it. Ok 2/16/25, 11:23 David Sills Claims He Repented and Is Obedient to the Rules of the But He and Mary Are Still Shunned. They Are Expanding\u2026 13/15 Bob on Wed May 31, 2023 at 12:37 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 elastigirl: bob M, \u201cHowever, if you are merely a hanger-on, a person who professes faith but is not truly indwelt by the Spirit of God, you can twist the scriptures to condone any kind of sinful departure from biblical morals.\u201d ++++++++++++++++++++ any human being on any spirituality spectrum is fully capable of this. \u201cbiblical morals\u201d \u2013 which interpretation are those? any number of so-called biblical morals are unethical. \u2026having the impulse to both laugh and cry at the same time as a faith sojourner is so tiring. \u201cbiblical morals\u201d \u2013 which interpretation are those? The simple, clear ones. Do not commit adultery. Do not kill. Love your neighbor as yourself. Love God with all your heart, soul, mind and strength. Not sure what you\u2019re laughing at am not talking about spirituality in general am talking about faith in Jesus Christ, which is laid out in the Christian scriptures. If you are talking about some vague spirituality that is however you feel like defining it, we\u2019re in different universes. Michael in on Thu Jun 01, 2023 at 03:16 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Bob M: \u201cbiblical morals\u201d \u2013 which interpretation are those? The simple, clear ones \u2026 Not sure what you\u2019re laughing at \u2026 If you are talking about some vague spirituality that is however you feel like defining it, we\u2019re in different universes don\u2019t think Elastigirl was disputing your point unless I\u2019m missing out on everybody\u2019s subtext think she was saying more people will know good enough morals (based on the very ones you\u2019ve listed) in this situation as well think she was expressing scepticism towards the lack of truthful content to some people\u2019s (presumably not your) slogan \u201cbiblical\u201d and their definition of loving God. elastigirl on Thu Jun 01, 2023 at 11:05 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Michael in UK, yes, that\u2019s basically it. wow, you were so straightforward, there \u2014 i understood everything you wrote. 1. there are so many versions of biblical all coming to different if not opposite conclusions. 2. who am i to judge whether or not someone is indwelt by the holy spirit. but i can judge the conclusions of numerous biblical interpretations as unethical. 3. religion is what people make of it. it is beyond belief to me that i can no longer practice my religion because i have to compromise my own integrity and morals to do so. the macabre irony of it all is ridiculous and crushing. Max on Fri Jun 02, 2023 at 09:53 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 elastigirl: it is beyond belief to me that i can no longer practice my religion because i have to compromise my own integrity and morals to do so This has created a great tension for true believers trying to fit in some expressions of \u201cChristianity\u201d today. \u201cThey say that what is right is wrong and what is wrong is right; that black is white and white is black; bitter is sweet and sweet is bitter\u201d (Isaiah 5:20 TLB) Michael in on Sun Jun 04, 2023 at 08:39 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it. Ok 2/16/25, 11:23 David Sills Claims He Repented and Is Obedient to the Rules of the But He and Mary Are Still Shunned. They Are Expanding\u2026 14/15 Max: true believers trying to fit in some expressions of \u201cChristianity\u201d today (Passing irony in non-ironic usage of \u201ctrue believers\u201d) The functionally cessationist fake charismatics and their identical anti-charismatic peas in the pod gerrymandered us who see the world\u2019s real needs and each other\u2019s needs, to outside their constituency. However get an inkling my latest batch of reformed friends are coming round \u2013 and we mustn\u2019t forget to give thanks & supplicate for revivals in Asbury, Londonderry etc. Bob on Mon Jun 05, 2023 at 04:59 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 Michael in don\u2019t think Elastigirl was disputing your point unless I\u2019m missing out on everybody\u2019s subtext think she was saying more people will know good enough morals (based on the very ones you\u2019ve listed) in this situation as well think she was expressing scepticism towards the lack of truthful content to some people\u2019s (presumably not your) slogan \u201cbiblical\u201d and their definition of loving God misunderstood her post then. Michael in on Tue Jun 06, 2023 at 04:24 said: Notice: Undefined variable: button in /home/guswo2wr8yyv/public_html/tww2/wp-content/plugins/quote-comments/quote-comments.php on line 127 elastigirl: macabre It\u2019s grisly feel your anguish, always. We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it. Ok 2/16/25, 11:23 David Sills Claims He Repented and Is Obedient to the Rules of the But He and Mary Are Still Shunned. They Are Expanding\u2026 15/15", "8211_102.pdf": "Baptist Press Staff Hunt lawsuit delayed, Sills trial set for 2026 (Bigstock Image 5, 2024 Johnny Hunt, a longtime megachurch pastor in Georgia, was named in the Guidepost Solutions report on sexual abuse in the SBC, which alleged Hunt had sexually assaulted another pastor\u2019s wife in 2010. Guidepost, a third-party investigation firm, found the claims credible File Photo defamation trial involving the Southern Baptist Convention that was supposed to begin next week has been delayed indefinitely, while another is set for 2026. Johnny M. Hunt v. Southern Baptist Convention, et. al., has been ongoing since March 2023, when former president Johnny Hunt sued the SBC, the Executive Committee and Guidepost Solutions for defamation Hunt claimed Guidepost and the other parties used him as a \u201cscapegoat\u201d in an investigation of alleged mishandling of sexual abuse claims by the Executive Committee. Parties failed to reach a settlement in September, and the case had been scheduled to go to trial Nov. 12. But in a court-sponsored teleconference Oct. 31, the parties agreed to meet \u201cafter the beginning of May 2025\u201d to \u201cconfer about trial dates.\u201d At issue is a disagreement over whether to reopen discovery in the case. The May 2022 report from Guidepost\u2019s investigation included allegations from an unidentified woman who claims Hunt sexually abused her in 2010, shortly after his two-year stint as president. Hunt resigned from his position as senior vice president of evangelism at the North American Mission Board, a position he\u2019d held since 2018, days before the Guidepost report became public. The lawsuit has been a major contributor to the dire financial situation of the Executive Committee, which has spent more than $12 million in three years on legal fees. David Sills The contract governing Guidepost\u2019s initial investigation stipulates Guidepost would have indemnity in any lawsuit resulting from the investigation, and the Executive Committee would foot its legal bills. Sign up for our weekly edition and get all our headlines in your inbox on Thursdays Sills suit set to go to jury in February 2026 The other trial\u2014former Southern Baptist Theological Seminary professor David Sills\u2019 defamation lawsuit against the SBC\u2014will go before a jury Feb. 10, 2026, in Nashville. An order from Chief U.S. District Judge William L. Campbell Jr. announced that counsel for all parties will meet on Feb. 2, 2026, for a pretrial conference to discuss the case\u2019s undisputed facts, expert witnesses, proposed testimony, jury instruction and other issues. Campbell is the same judge presiding over the lawsuit Hunt filed against the SBC. Sills filed suit in November 2022 alleging \u201cdefamation, conspiracy, intentional infliction of emotional distress, negligence, and wantonness concerning untrue claims of sexual abuse Email Address Johnny Hunt lawsuit claims pastor\u2019s sin is a private matter Lawsuit advances against Conservative Baptist Network pastor Settlement talks between and Johnny Hunt fail will petition Supreme Court in McRaney lawsuit Sills carried on a long-term sexual relationship with a former student, Jennifer Lyell. Lyell alleges the relationship was abusive. Sills claims it was consensual. Sills was named in a May 2022 report from Guidepost Solutions based on its investigation of alleged mishandling of sexual abuse claims by the Executive Committee. Guidepost is also named as a defendant in the suit, as are Lyell, Southern Baptist Theological Seminary and its president Al Mohler, former presidents Ed Litton and Bart Barber, and former Executive Committee representatives Willie McLaurin and Rolland Slade. We seek to connect God\u2019s story and God\u2019s people around the world. To learn more about God\u2019s story, click here. Send comments and feedback to Eric Black, our editor. For comments to be published, please specify \u201cletter to the editor.\u201d Maximum length for publication is 300 words. More from Baptist Standard Tags: Baptists Center offers sabbath to ministers and spouses Collegiate mission trips spark church revival Builders volunteers come to the aid of one of their own Editorial: Las Escrituras dicen que debemos apoyar a nuestros hermanos inmigrantes Editorial: Scripture says to stand with our immigrant siblings \uf39e \uf099 \uf16d \uf2ce Terms of Use Advertise Privacy Policy Contact", "8211_103.pdf": "former Southern Baptist seminary professor and his wife have filed suit against the Southern Baptist Convention and 11 other defendants claiming defamation of character and conspiracy in the well-publicized sexual abuse case of Jennifer Lyell. The lawsuit challenges what has been accepted as fact in one of the highest-profile cases in the web of allegations regarding mishandling of sexual abuse within the SBC. Lyell\u2019s claim that she was abused by David Sills while he was a professor at Southern Baptist Theological Seminary resulted in a controversial news story published by Baptist Press, the denominational news service, which portrayed the relationship as consensual. Lyell contends it was not consensual. Sills files suit against and 11 other defendants, claiming his relationship with Lyell was consensual and he became a \u2018scapegoat\u2019 in the SBC\u2019s sexual abuse crisis 22, 2022 News Analysis Opinion Curated Storytelling More Get headlines in your inbox 2/16/25, 11:23 Sills files suit against and 11 other defendants, claiming his relationship with Lyell was consensual and he became a \u2018scapeg\u2026 1/5 David Sills David Sills and Mary Sills contend they have been smeared repeatedly in the process and seek monetary damages. After several years of dispute, the Executive Committee earlier this year reached a financial settlement with Lyell and issued a for the Baptist Press story. That happened three months prior to release of a bombshell report from an independent investigation that found widespread mishandling of known cases of sexual abuse in the and its churches. That report also cited the Lyell case. Her name appears on 37 pages of the report. The larger conversation around sexual abuse has dominated life for the past two years and has been addressed by two special task forces, one of which is still working. Now, David Sills and Mary Sills contend they have been smeared repeatedly in the process and seek monetary damages from the SBC; the Executive Committee; former President Ed Litton; current President Bart Barber; Lyell; Lifeway Christian Resources; Eric Geiger, a former executive vice president at Lifeway; Willie McLaurin, interim president of the Executive Committee; Rolland Slade, former chairman of the Executive Committee; Southern Baptist Theological Seminary; Al Mohler, president of Southern Seminary; and Guidepost Solutions, the firm that conducted the independent investigation. The suit was filed in the Circuit Court of Mobile County, Ala., on Monday, Nov. 21. The plaintiffs have requested a jury trial. Lyell previously was a vice president at Lifeway, which is located in Nashville, Tenn. She voluntarily agreed to an interview with Baptist Press in 2019, by her account hoping her story would encourage other Democracy Forward sues Trump administration to keep operating Are religious charities under Trump and Musk\u2019s knife The pattern is contempt for the poor dreamed the future,\u2019 Tuskegee Airman said Politics, faith and mission: by Greg Garrett interview series on the 2024 election and the Church Pope Francis Hospitalized With Bronchitis, public apology email address 2/16/25, 11:23 Sills files suit against and 11 other defendants, claiming his relationship with Lyell was consensual and he became a \u2018scapeg\u2026 2/5 Jennifer Lyell survivors of sexual abuse to come forward. What happened instead was a controversy over what kind of relations are consensual and nonconsensual and who gets to make that determination \u2014 and challenges to the veracity of Lyell\u2019s account. Critics of the investigation and of the existence of a \u201ccrisis\u201d of sexual abuse in the denomination frequently point to Lyell\u2019s story as questionable, but they have been minority voices. Sills has not denied engaging in an inappropriate relationship with Lyell, and he resigned his post at Southern Seminary after being confronted about it. However, in the new court filing he insists he did not sexually abuse Lyell, force himself upon Lyell, use violence against Lyell, threaten to use violence against Lyell or \u201cengage in sexual intercourse\u201d with Lyell \u201cat any time whatsoever.\u201d The filing says Sills acknowledges \u201ca personal and emotionally intimate relationship\u201d between the two but claims it was initiated by Lyell, who was \u201cwell above the age of consent.\u201d By Lyell\u2019s previous accounts, Sills cultivated a relationship with her. The court filing further claims Lyell maintained the relationship by driving several hundred miles \u2014 from Nashville, Tenn., to Louisville, Ky. \u2014 to see Sills. It also claims Sills \u201cended the relationship with Defendant Lyell who nevertheless persisted her pursuit of Sills and undertook efforts to reach Dr. Sills through his family.\u201d David and Mary Sills also contend that Lyell, \u201crelying on her expertise as an accomplished writer and executive in the fields of advertising and publishing within the SBC, a lucrative and powerful position, constructed a false narrative against Dr. Sills and Mrs. Sills, at the height of awareness of scandals.\u201d \u201cThereafter, Ms. Lyell engaged in an effort to restore her reputation and preserve her powerful position of doling out lucrative book deals, Undergoes Tests As Holy Year Events Canceled Are Young Women Leaving Religion Faster than Young Men? 60 years of progress in expanding rights is being rolled back by Trump \u2212 a pattern that\u2019s all too familiar in history Legal Foundations Set For Tribunal To Hold Russia Accountable For Ukraine War 2/16/25, 11:23 Sills files suit against and 11 other defendants, claiming his relationship with Lyell was consensual and he became a \u2018scapeg\u2026 3/5 while affirmatively and skillfully dismantling the reputations, careers, and family life of David Sills and Mary Sills,\u201d the court filing states. One of Lyell\u2019s advocates over the past three years has been Mohler, who has publicly stated he believed Lyell\u2019s story as she has told it. The Sillses contend neither Mohler nor the nor Guidepost did sufficient investigation to find out the truth of the matter. \u201cRather than seek the truth, defendants repeated and circulated false statements about Dr. Sills, causing him to be cast as a toxic pariah,\u201d the brief states. \u201cAfter various mischaracterizations, misstatements, and a contrived \u2018investigation\u2019 by defendants, the plaintiffs, David Sills and Mary Sills, have been wrongfully and untruthfully labeled as criminals and shunned by the SBC.\u201d Sills contends he was made a \u201cscapegoat\u201d in a denomination reeling from other, larger claims of sexual abuse. And he claims this was done in a conspiracy by all the named defendants, who \u201cunderstood the value of making an example out of member and employee David Sills who, without controversy, had admitted to an affair with Lyell and willingly accepted the requirement that he depart from his position at the seminary. In essence, defendants saw an opportunity to improve the appearance and reputation of SBC\u2019s handling of abuse cases, long under fire, even though there had not been any legitimate and proper investigation into the allegations, nor was Dr. Sills adequately informed of the specific nature and extent of accusations made by Lyell.\u201d The case as outlined by David and Mary Sills directly contradicts the narrative told by Lyell and widely accepted as truth. Litigating this case publicly could cause extreme discomfort for some of the defendants named, forcing them to testify under oath about matters they have tried to handle discreetly. And now the two competing narratives of what happened between Sills and Lyell likely will add more fuel to the SBC\u2019s internal debate over the nature and extent of sexual abuse as a real problem. To date, none of the named defendants has issued a public comment on the lawsuit. 2/16/25, 11:23 Sills files suit against and 11 other defendants, claiming his relationship with Lyell was consensual and he became a \u2018scapeg\u2026 4/5 Although the lawsuit was filed in Alabama, David Sills lives in Mississippi. The court filing addresses this issue: \u201cThis court has personal jurisdiction over the defendants. First, the defendants widely circulated their herein-described defamatory lies about Dr. and Mrs. Sills throughout Mobile County and the state of Alabama. Secondly, on information and belief, defendants SBC, the Executive Committee, and Lifeway own and maintain property, employees and/or agents in Alabama, including Mobile County, Alabama. Venue is appropriate in this court because defendant Ed Litton is a resident citizen of Mobile County, Alabama.\u201d Related articles: | Opinion by Marv Knox Southern Seminary Jennifer Lyell David Sills Al Mohler Sexual Abuse MATTER. \u00a9 2025 RESERVED. Want to share a story? We hope you will! Read our republishing, terms of use and privacy policies here. 129 Guidepost report documents pattern of ignoring, denying and deflecting on sexual abuse claims in Executive Committee publicly apologizes to sexual abuse survivor report shows how five words turn abuse victim from \u2018survivor\u2019 to \u2018whore \u00bb 2/16/25, 11:23 Sills files suit against and 11 other defendants, claiming his relationship with Lyell was consensual and he became a \u2018scapeg\u2026 5/5", "8211_104.pdf": "Defendants ask to be dismissed from case filed by David and Mary Sills group of defendants named in a suit filed by David and Mary Sills have asked Judge William Campbell, Jr. dismiss them from the case in the United States District Court. Former Southern Baptist Theological Seminary professor and missiologist David Sills and his wife Mary filed suit in Nashville on May 11. The suit alleges defamation, conspiracy, intentional infliction of emotional distress, and negligence concerning untrue claims of sexual abuse declared by Jennifer Lyell and repeated by those named in the suit. Attorneys for the SBC, former president Ed Litton, Lifeway Christian Resources, Lyell, former Lifeway executive Eric Geiger, the Executive Committee (EC), current President Bart Barber, interim president and Willie McLaurin, the Southern Baptist Theological Seminary President Albert Mohler, Guidepost Solutions and SolutionPoint International filed motions for dismissal on July 12. Reasons for dismissal cited by defendants included jurisdiction, the failure to state a claim upon which relief can be granted and other grounds. The news of Sills\u2019 May 23, 2018, resignation from was first reported by the Biblical Recorder. Baptist Press later reported on Lyell\u2019s allegations of being sexually abused by Sills on March 8, 2019. The story was later removed and an explanation was issued on Oct. 15, 2019. The Executive Committee formally apologized to Lyell on Feb. 22, 2022, for \u201cits failure to adequately listen, protect, and care for Jennifer Lyell when she came forward to share her story of abuse by a seminary professor.\u201d Sills claims he never abused or forced himself on Lyell. \uf099 \uf082 \uf16d News By Baptist Press Staff July 13, 2023 2 2/16/25, 11:23 Defendants ask to be dismissed from case filed by David and Mary Sills \u2022 Biblical Recorder 1/3 Trustees receive updates on McLaurin legal action, interim position By By Scott Barkley, Baptist Press September 19 2023 Wrap-up Executive Committee seeks unity, celebrates diversity By Baptist Press Staff September 22 2022 Box 1185 Cary 27512 919.847.2127 2/16/25, 11:23 Defendants ask to be dismissed from case filed by David and Mary Sills \u2022 Biblical Recorder 2/3 About Contact Board of Directors History Submit news or request a correction Reprint permission My Account Subscribe Advertise Donate Classified 50 Christians killed, dozens kidnapped in Nigeria since late January Super Bowl human trafficking outreach reunites 15 missing children in Christian counselors\u2019 lawsuit challenges ordinances against \u2018conversion therapy\u2019 2/16/25, 11:23 Defendants ask to be dismissed from case filed by David and Mary Sills \u2022 Biblical Recorder 3/3", "8211_105.pdf": "By Staff, posted November 4, 2024 in Executive Committee, Sexual Abuse, Southern Baptist Theological Seminary UPDATE: Hunt, Sills trials pushed back METADATA: Series Topic(s Format(s POST: \uf099 \uf39e \uf0e0 \uf02f Hunt lawsuit parties to meet again in May 2025 2/16/25, 11:23 UPDATE: Hunt, Sills trials pushed back | Baptist Press 1/7 By Staff trial that was supposed to begin next week has been delayed indefinitely. The lawsuit, Johnny M. Hunt v. Southern Baptist Convention, et. al., has been ongoing since March 2023, when former president Johnny Hunt sued the SBC, the Executive Committee and Guidepost Solutions for defamation, claiming that Guidepost, et. al., used Hunt as a \u201cscapegoat\u201d in an investigation of alleged mishandling of sexual abuse claims by the EC. Parties failed to reach a settlement in September, and the case had been scheduled to go to trial Nov. 12. But in a court-sponsored teleconference \uf1c1 last Thursday (Oct. 31), the parties agreed to meet \u201cafter the beginning of May 2025\u201d to \u201cconfer about trial dates.\u201d At issue is a disagreement over whether to reopen discovery in the case. The May 2022 report from Guidepost\u2019s investigation included allegations from an unidentified woman who claims Hunt sexually abused her in 2010, shortly after his two-year stint as president. Hunt resigned from his position as senior vice president of evangelism at the North American Mission Board, a position he\u2019d held since 2018, days before the Guidepost report became public. The lawsuit has been a major contributor to the dire financial situation of the EC, which has spent more than $3 million defending itself as well as Guidepost. The contract governing Guidepost\u2019s initial investigation stipulates that Guidepost would have indemnity in any lawsuit resulting from the investigation, and the would foot its legal bills. Sills trial scheduled for early 2026 By Staff 2/16/25, 11:23 UPDATE: Hunt, Sills trials pushed back | Baptist Press 2/7 (BP) \u2013 Former Southern Baptist Theological Seminary professor David Sills\u2019 defamation lawsuit against the Southern Baptist Convention, et. al., will go before a jury Feb. 10, 2026, in Nashville. An order from Chief U.S. District Judge William L. Campbell Jr. announced that counsel \uf1c1 for all parties will meet on Feb. 2, 2026, for a pretrial conference to discuss the case\u2019s undisputed facts, expert witnesses, proposed testimony, jury instruction and other issues. Campbell is the same judge presiding over another major lawsuit currently facing the SBC, filed by former president Johnny Hunt. Sills filed suit in November 2022, alleging \u201cdefamation, conspiracy, intentional infliction of emotional distress, negligence, and wantonness concerning untrue claims of sexual abuse.\u201d Sills carried on a long-term sexual relationship with a former student, Jennifer Lyell. Lyell alleges the relationship was abusive; Sills claims it was consensual. Sills was named in a May 2022 report from Guidepost Solutions based on its investigation of alleged mishandling of sexual abuse claims by the Executive Committee. Guidepost is also named as a defendant \uf1c1 in the suit, as are Lyell, Southern Baptist Theological Seminary President Albert Mohler, former presidents Ed Litton and Bart Barber and former representatives Willie McLaurin and Rolland Slade 2/16/25, 11:23 UPDATE: Hunt, Sills trials pushed back | Baptist Press 3/7 Related Posts entity leaders respond to Guidepost report terminates agreement with Future Church; Former Illinois pastor arrested for grooming minor votes to create department dedicated to ongoing sexual abuse response Author, ethicist Jason Thacker Joining Boyce Faculty Sexual Abuse Task Force modifies recommendations in advance of the annual meeting report shows pattern of resistance to addressing abuse claims Dallas-area church volunteer arrested for child sexual assault \u2018Must be a reckoning\u2019: sex abuse survivors respond to Executive Committee statement Browse the Archives CATEGORIES: Articulos en Espa\u00f1ol Toolbox Comics News Articles By Topic By Scripture By Series By Author By Year By Event Search \u203a 2/16/25, 11:23 UPDATE: Hunt, Sills trials pushed back | Baptist Press 4/7 Life Articles BY: Author Scripture Series Topic Event Year Media Type: Photo Text Articles 2/16/25, 11:23 UPDATE: Hunt, Sills trials pushed back | Baptist Press 5/7 About Guidelines Media Relations Contact Us Good News for Today Gridiron & the Gospel Lead On This Week Baptist Press Articles Life Articles Articulos en Espa\u00f1ol Comics 2/16/25, 11:23 UPDATE: Hunt, Sills trials pushed back | Baptist Press 6/7 Discipleship Leadership Missions Politics SBC.net Baptist Press Churches Jobs \u00a9 2025 Southern Baptist Convention. Site by Mere. Site Index 2/16/25, 11:23 UPDATE: Hunt, Sills trials pushed back | Baptist Press 7/7", "8211_106.pdf": "About \uf107 Things We LikeCorrections/ Retractions Watch & ListenLOGIN \uf002 Former Seminary Prof. Named in Guidepost Report Refiles Lawsuit Against \ue903 Staff Writer ( ( redirect=https%3A%2F%2Fprotestia.com%2Fsocial-media-sites) In late 2022, former Southern Baptist Theological Seminary professor David Sills filed suit against the and 11 other high-profile personalities, including current President Bart Barber, former president Ed Litton, Albert Mohler, Jennifer Lyell (the woman who accused him of sexual abuse) and others. Sills requested a trial by jury, claiming that he\u2019d been repeatedly and unfairly maligned for years, and sought monetary damages and compensation for destroying his reputation by his denomination. Several years ago, Lyell, then a Vice-President at Lifeway Christian Resources, admitted to being involved in a sexual relationship with David Sills for over a decade. She claimed that it resulted from him \u2018grooming\u2019 her while enrolled in a missions class at the seminary in 2004 when she was 26 years old, ending 12 years later when she was 38 and having long moved on. She says that he \u201csexually acted\u201d against her but never provided details or offered what the grooming looked like throughout their relationship, particularly when they were away for months. Once their affair was revealed, however, it resulted in his swift termination and public disgrace. News ( ( login=yes&patreon-final- redirect=https%3A%2F%2Fprotestia.com%2F20 seminary-prof-named-in-guidepost-report- refiles-lawsuit-against-sbc) Protestia Insurgency Email Blast Signup Subscribe example@gmail.com Latest Video Eve Was Right to Bite the For Eve Was Right to Bite the For\u2026 ( 2/16/25, 11:24 Former Seminary Prof. Named in Guidepost Report Refiles Lawsuit Against - Protestia 1/6 year later, she would seemingly walk back any suggestion that she was guilty of any sin for the relationship, explaining in an update ( disclosure-march-2019) that just because she was \u2018compliant,\u2019 it did not mean their relationship was \u2018consensual.\u2019 As her understanding of her role in the whole affair continued to evolve, she also appeared to dispel the notion that there was any sin on her part for which she ought to apologize, supposing that she was and remains a complete, guiltless victim in every sense of the word, sharing the same culpability of a 4-year-old being, molested by her step-father. ( redirect=https%3A%2F%2Fprotestia.com%2Fsocial-media-sites) Everyone agreed with her. The Committee ultimately defended her victimhood. The Sexual Abuse Task Force dedicated approximately 35 of its 288 pages to Lyell\u2019s story and the circumstances surrounding it, repeatedly castigating Sills not as an \u201calleged abuser\u201d but a definite, for sure, unequivocal \u201cabuser\u201d while framing the 12 years together as one long incident of \u201cnonconsensual sexual abuse\u201d between adults. ( year-long-affair-with-married-man/) The Executive Committee, in a rare move, also issued a personal apology to Lyell for failing to \u201cadequately listen, protect and care\u201d for her after she came forward with allegations of sexual abuse by her professor, as well as acknowledged the \u201cunintentional harm\u201d they caused her by not correctly reporting her case and framing what happened to her in a blameworthy and distressing manner, resulting in a confidential monetary settlement to Lyell of $1,500,000. However. Earlier this week, Sills refiled the lawsuit against the same personalities and entities, this time in Tennessee, alleging conspiracy, defamation, and intentional infliction of emotional distress. He\u2019s also suing Guidepost Solutions, which named him as a sexual predator in a report given to the that is now being distanced from by lawyers. While Sills has admitted to having an inappropriate and sexual relationship with Lyell, he has denied abusing, grooming, or forcing himself upon her in any way. He claims that their encounters were completely consensual and did not include intercourse (she, too, has admitted the latter) and intends to make many Southern Baptists pay for any suggestion to the contrary. Share on Facebook ( u=https%3A%2F%2Fprotestia.com%2F2023%2F05%2F15%2Fformer-seminary-prof- named-in-guidepost-report-refiles-lawsuit-against-sbc%2F) Tweet ( text=Via+ seminary-prof-named-in-guidepost-report-refiles-lawsuit-against-sbc%2F) ( 2/16/25, 11:24 Former Seminary Prof. Named in Guidepost Report Refiles Lawsuit Against - Protestia 2/6 Save ( url=https%3A%2F%2Fprotestia.com%2F2023%2F05%2F15%2Fformer-seminary-prof- named-in-guidepost-report-refiles-lawsuit-against-sbc%2F) About Author ( writer/) Staff Writer ( See author's posts ( If you value journalism from a unapologetically Christian worldview, show your support by becoming a Protestia today. ( response_type=code&min_cents=100&client_id=xbo0hf3IJHhqEcLJ6RV82FlM5eQ_pDzzB6T_9PWTY06RsHPE4e9HsqXhdlfRz7xx&scope authorization/&state=eyJmaW5hbF9yZWRpcmVjdF91cmkiOiJodHRwczpcL1wvcHJvdGVzdGlhLmNvbVwvMjAyM1wvMDVcLzE1XC9mb seminary-prof-named-in-guidepost-report-refiles-lawsuit-against- sbc%2F&utm_medium=patreon_wordpress_plugin&utm_campaign=1589512&utm_term=&utm_content=post_unlock_button) Tags: david sills ( jennifer Lyell ( \ue904 (http: //face book .com /prot estia) \ue905 (http: //twit ter.co m/pr otesti a) \ue901 (http s://pr otesti a.co m) Next Rick Warren Becomes First \u2018Honorary Chancellor\u2019 of Spurgeon\u2019s College ( becomes-first-honorary-chancellor-of-spurgeons- college/) Previous Andy Stanley\u2019s Sermon Claim: The Bible is Not Equally Inspired or Equally Important ( sermon-claim-the-bible-is-not-equally-inspired-or- equally-important/) More Stories 2/16/25, 11:24 Former Seminary Prof. Named in Guidepost Report Refiles Lawsuit Against - Protestia 3/6 Impastor Suggests Eve in the Garden is a Pro-Choice Example + \u2018Trust Women to Have Abortions Because of Her\u2019 ( choice-example-trust-women-to-have-abortions-because-of-her/) ( trust-women-to-have-abortions-because-of-her/) News ( \ue903 Staff Writer ( Presbyterian Church Puts on \u2018Whitney Houston Worship Experience\u2019 ( ( News ( \ue903 Staff Writer ( Major \u2018Pro-Life\u2019 Groups Join Forces With Planned Parenthood to Abolitionist Bill ( abolitionist-bill/) ( abolitionist-bill/) Headlines ( News ( \ue903 Staff Writer ( Children\u2019s Pastor Who Tried to Murder Wife, Five Children Over Money Woes Pleads Guilty ( woes-pleads-guilty/) ( woes-pleads-guilty/) News ( \ue903 Staff Writer ( Pro-Choice Pastor Calls Her Abortion Experience \u2018Holy,\u2019 Says It Made Her Feel \u2018Loved By God\u2019 ( feel-loved-by-god/) ( feel-loved-by-god/) News ( \ue903 Staff Writer ( 2/16/25, 11:24 Former Seminary Prof. Named in Guidepost Report Refiles Lawsuit Against - Protestia 4/6 2025 Bible Update Makes 68 Changes, Including Significant Edit to Genesis ( genesis/) ( genesis/) News ( \ue903 Staff Writer ( 4 thoughts on \"Former Seminary Prof. Named in Guidepost Report Refiles Lawsuit Against SBC\" Stu Ward says: May 15, 2023 at 7:00 pm ( sbc/#comment-42870) He\u2019s admittedly got a case, and will probably get his 1.5 million also. 3,000,000 of the Lord\u2019s money handed to two adulterers who should\u2019ve never received anything except a pink slip, and never heard anything except \u201cyour fired\u201d Reply Stu Ward says: May 15, 2023 at 7:20 pm ( against-sbc/#comment-42871) * You\u2019re Reply James Duncan says: May 16, 2023 at 9:18 pm ( sbc/#comment-42921) Great. Leave the or be a party to a endless stream of lawsuits \u2026 Seems like an easy choice Reply Pingback: 'Orange' Investigates Claims of 'Clergy Sexual Abuse' After Flip Flops On Her Guilt and Culpability in Workplace Affair - Protestia ( claims-of-clergy-sexual-abuse-after-ceo-flip-flops-on-her-guilt-and-culpability-in-workplace-affair/) Leave a Reply Your email address will not be published. Required fields are marked * Comment * 2/16/25, 11:24 Former Seminary Prof. Named in Guidepost Report Refiles Lawsuit Against - Protestia 5/6 Name * Email * Website Save my name, email, and website in this browser for the next time comment. Post Comment Bringing you discernment news and commentary from a biblical, polemical perspective means it\u2019s tough out there on social media. We\u2019re constantly getting kneecapped and constrained by tech companies who find our fidelity to the scripture and pursuit of truth to be intolerable, resulting in our reach being severely throttled. 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Support the ongoing work of discernment and polemics by joining up as a Patron or donating via Giving Fuel: Donate Now ( 2/16/25, 11:24 Former Seminary Prof. Named in Guidepost Report Refiles Lawsuit Against - Protestia 6/6", "8211_107.pdf": "Sills Lyell Lawsuit filed over accusation of sexual abuse that former Mississippi pastor says are \u2018untrue claims\u2019 MOBILE, Ala and local reports former Mississippi pastor and Southern Baptist seminary professor has filed suit against the Southern Baptist Convention (SBC) and 10 other individuals and entities connected to the SBC. In a filing made in the Mobile, Ala., Circuit Court, David Sills, former pastor of now-closed Woodland Hills Church, Jackson, and his wife Mary Sills allege \u201cdefamation, conspiracy, intentional infliction of emotional distress, negligence, and wantonness concerning untrue claims of sexual abuse\u201d initiated by Jennifer Lyell, with whom David Sills previously admitted to having an extramarital sexual relationship that began while Sills was a professor and Lyell was a student at Southern Seminary in Louisville, Ky. The news of David Sills\u2019 May 23, 2018, resignation from Southern Seminary was first reported by the Biblical Recorder. Baptist Press later reported on Lyell\u2019s allegations of being sexually abused by Sills on March 8, 2019. The story was later removed and an explanation was issued on Oct. 15, 2019. The Executive Committee formally apologized to Lyell on February 22, 2022, for \u201cfailure to adequately listen, protect, and care for Jennifer Lyell when she came forward to share her story of abuse by a seminary professor.\u201d In addition, the Executive Committee acknowledged \u201cfailure to report Ms. Lyell\u2019s allegations of non- consensual sexual abuse were investigated and unequivocally corroborated by the entities with authority over Ms. Lyell and her abuser.\u201d The suit claims David Sills never abused or forced himself on Lyell. It claims she \u201cdid initiate and affirmatively cultivate and maintain a personal and emotional relationship\u201d with him. Named in Sills\u2019 defamation suit are: \u2014 Southern Baptist Convention. \u2014 Ed Litton, former president. \u2014 Bart Barber, current president. \u2014 Willie McLaurin, interim Executive Committee (EC) president/CEO. \u2014 Rolland Slade, former chair of the Executive Committee. \u2014 Jennifer Lyell. \u2014 Southern Seminary (SBTS). \u2014 Albert Mohler president. \u2014 Lifeway, where Lyell was employed. \u2014 Eric Geiger, former Lifeway executive. 2/16/25, 11:24 Lawsuit filed over accusation of sexual abuse that former Mississippi pastor says are \u2018untrue claims\u2019 - 1/2 \u2014 Guidepost Solutions, the third-party investigative firm secured in 2021 by the Sexual Abuse Task Force The lawsuit also accuses the SBC, Lifeway, Lyell, Geiger, the Executive Committee, Litton, McLaurin, Rolland and Mohler of \u201cmaking an example out of member and employee David Sills who, without controversy, had admitted to an affair with Lyell and willingly accepted the requirement that he depart from his position at the Seminary.\u201d The suit claims these parties \u201csaw an opportunity to improve the appearance and reputation of SBC\u2019s handling of abuse cases, long under fire, even though there had not been any legitimate and proper investigation into the allegations, nor was Dr. Sills adequately informed of the specific nature and extent of accusations made by Lyell.\u201d The filing also mentions the work of the Sexual Abuse Task Force (SATF) appointed in July 2021 by Litton following the 2021 Annual Meeting in Nashville and their subsequent work with Guidepost Solutions in producing the report presented publicly on May 22, 2022. The suit claims that Guidepost \u201cperpetuated a false narrative\u201d in its report and never reached out to the Sills during its investigation, while it gave \u201cparticular focus on and disproportionate page space dedicated to Lyell\u2019s statements against Sills.\u201d It claims Litton \u201cshould have known that the phony \u2018investigation\u2019 he designed would not, and could not, yield the truth concerning Dr. Sills written statement from special counsel Gene Besen of Dallas said, \u201cThe Executive Committee is still evaluating the specious allegations within the complaint. We intend to vigorously defend ourselves from this troubling attempt to recast an accused perpetrator as the victim of an imaginary conspiracy. We look forward to our day in court series of questions posed by Baptist Press to Lyell\u2019s attorney, Philip Elbert of Nashville, included one addressing the lawsuit\u2019s venue. \u201cWe will, of course, be looking at the issues of jurisdiction and venue in this case, as we do at the outset of every case,\u201d Elbert said. \u201cAs to this particular matter, it is hard to see how it can be appropriate to require a Tennessee resident to go to Mobile, Ala. to litigate with a plaintiff from Mississippi. \u201cRest assured, though, that regardless of venue, the case will be vigorously defended.\u201d Addressing Sills\u2019 charges, Elbert said \u201ca plaintiff can allege anything. But, in the end facts matter. For her part, our client looks forward to the truth coming out in court.\u201d Other defendants say they are in the process of responding. \u201cThe Southern Baptist Theological Seminary has followed best practices in this matter and has nothing to hide. We will make this truth clear in any forum necessary and we will do so vigorously,\u201d Mohler said. \u201cLifeway was made aware of the lawsuit last week,\u201d said Carol Pipes, director of corporate communications. \u201cOur legal team is in the process of reviewing the complaint and we do not have any further comment at this time.\u201d Guidepost Solutions declined to comment, and requests for further comment from Sills\u2019 attorneys were not returned. 2/16/25, 11:24 Lawsuit filed over accusation of sexual abuse that former Mississippi pastor says are \u2018untrue claims\u2019 - 2/2", "8211_108.pdf": "From Casetext: Smarter Legal Research Sills v. S. Baptist Convention United States District Court, M.D. Tennessee, Nashville Division Feb 22, 2022 3:23-cv-00478 (M.D. Tenn. Feb. 22, 2022) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free 3:23-cv-00478 02-22-2022 and SILLS, Plaintiffs, v CONVENTION, et al., Defendants Sign In Search all cases and statutes... Opinion Case details 2/16/25, 11:24 Sills v. S. Baptist Convention, 3:23-cv-00478 | Casetext Search + Citator 1/31 Pending before the Court are Defendants' motions to dismiss (Doc. Nos. 73, 75, 77, 83, 86, 88, 91), which are fully briefed (Doc. Nos. 104, 108, 115, 105, 116, 110, 112, 111). For the reasons discussed below, Lifeway and Eric Geiger's motions to dismiss (Doc. No. 73, 91) will be granted; the motions to dismiss filed by SolutionPoint International, Inc. and Guidepost Solutions (Doc. No. 77) and Jennifer Lyell (Doc. No. 75) will be granted in part and denied in part; and the remaining defendants' motions to dismiss (Doc. Nos. 83, 88, 86) will be denied 1 1 The facts set forth herein are summarized from the facts alleged in the complaint. (Doc. No. 1). This case arises from purportedly defamatory statements about Plaintiffs Michael David Sills (\u201cSills\u201d or \u201cMr. Sills\u201d) and Mary Sills (\u201cMrs. Sills\u201d) (collected \u201cthe Sills\u201d). According to the complaint, Defendants conspired to create and succeeded in publishing a false narrative about the Sills to improve their own appearances and reputations. *2 2 The Parties Sills was a Southern Baptist missiologist, professor, and author in the Southern Baptist Convention. (Doc. No. 1 \u00b6 14). Mr. and Mrs. Sills have been married for 45 years. (Id. \u00b6 15). Defendant Southern Baptist Convention is a non-profit corporation headquartered in Nashville, Tennessee. (Id. \u00b6 16). Defendant Dr. Ed Litton (\u201cLitton\u201d) was the President of the Southern Baptist Convention for the 2021-2022 term. (Id. at \u00b6\u00b6 17, 40 n.8). Defendant Bart Barber (\u201cBarber\u201d) was also a president of the Southern Baptist Convention. (Id. at \u00b6 18). Defendant Executive Committee of the Southern Baptist Convention (\u201cExecutive Committee\u201d) is a non-profit corporation that serves as the fiduciary, fiscal, and executive entity of the Southern Baptist Convention. (Id. at \u00b6 19). Defendant Willie McLaurin (\u201cMcLaurin\u201d) was the Interim President of 2/16/25, 11:24 Sills v. S. Baptist Convention, 3:23-cv-00478 | Casetext Search + Citator 2/31 the Executive Committee. (Id. at \u00b6 20). Defendant Rolland Slade (\u201cSlade\u201d) was the Chairman of the Executive Committee. (Id. at \u00b6 21). Defendant The Southern Baptist Theological Seminary (\u201cSeminary\u201d) is a non-profit corporation that trains, educates, and prepares ministers, churches, and denominational entities. (Id. at \u00b6 22). Defendant Dr. R. Albert Mohler (\u201cMohler\u201d) is president of the Seminary. (Id. at \u00b6 23). Defendant Lifeway Christian Resources of the Southern Baptist Convention (\u201cLifeway\u201d) is non-profit corporation that supplies Christian resources and is a subsidiary of the Southern Baptist Convention. (Id. at \u00b6\u00b6 24, 35). Defendants Eric Geiger (\u201cGeiger\u201d) and Jennifer Lyell (\u201cLyell\u201d) were vice presidents of Lifeway. (Id. at \u00b6\u00b6 25-26). Defendant SolutionPoint International, Inc. d/b/a Guidepost Solutions (\u201cSPI\u201d) provides global business intelligence, security, and compliance services. (Id. at \u00b6 27 owns Defendant Guidepost Solutions (\u201cGuidepost\u201d). (Id. \u00b6\u00b6 27, 28). Guidepost provides solutions to help with risk mitigation, dispute resolution, problem solving, and protecting reputations. (Id.). *3 3 The Sills/Lyell Relationship According to the complaint, Sills met Lyell when she was 26 years old. (Id. \u00b6 6). Lyell allegedly initiated and aggressively cultivated and maintained a personal, consensual, prurient, and emotionally intimate relationship with Sills. (Id. \u00b6\u00b6 6, 14). According to the complaint, Sills did not, at any time, sexually abuse, force himself upon, engage in sexual intercourse with, threaten or use violence against Lyell. (Id. \u00b6\u00b6 2-5). Sills ended the relationship with Lyell, but Lyell allegedly persisted in her pursuit of Sills and undertook efforts to reach him through his family. (Id. \u00b6 8). 2018-2019 According to the complaint, Lyell, a seasoned writer and publishing executive, coordinated an implemented an attack against Sills after he ended their \u201cconsensual adult relationship.\u201d (Id. \u00b6 34). In the spring of 2018, Lyell told Mohler, Geiger, and the Executive Committee, about her relationship with Sills. (Id. \u00b6 35). Geiger initiated the disclosure and reporting by Lyell, 2/16/25, 11:24 Sills v. S. Baptist Convention, 3:23-cv-00478 | Casetext Search + Citator 3/31 and shortly thereafter moved to California. (Id. at \u00b6 36). According to the complaint, Sills, immediately and without controversy, admitted to having an \u201cinappropriate relationship\u201d with Lyell and accepted the Southern Baptist Convention's requirement that he leave his position at the Seminary. (Id. \u00b6\u00b6 9, 40). Lyell subsequently received negative attention within the Southern Baptist Community, which allegedly threatened her position as a vice president at Lifeway. (Id. \u00b6 35). In this same time period, Mohler was allegedly looking for, and found in Lyell's story, an opportunity to restore his own reputation in the Southern Baptist Convention, particularly on the subject of concealing sexual abuse. (Id. \u00b6 37). According to the complaint, when Sills' relationship with Lyell \u201cwas *4 discovered to be consensual,\u201d there was an unanticipated public reaction to the \u201cbranding\u201d of Sills as a \u201cpervert,\u201d which the Southern Baptist Convention tried to control. (Id. \u00b6 38). 2 4 2 In 2013, Mohler signed a public statement supporting a former leader of Sovereign Grace Ministries after they allegedly covered up incident of child sex abuse. (Id. \u00b6 37). In February 2019, to restore his reputation in the Southern Baptist Convention, Mohler denied knowing that leaders of Sovereign Grace Ministries had not participated in the independent investigation of the alleged abuse. (Id.). The complaint alleges that, in March 2019, Lyell responded to \u201cbacklash\u201d by \u201crebrand[ing]\u201d what she had first reported about her relationship with Sills. (Id.). Lyell allegedly offered to write about her relationship with Sills for the public relations arm of the Executive Committee. (Id.). According to the complaint, the Seminary and Mohler urged Lyell to write the public relations piece, which was expected to demonstrate the Southern Baptist Convention's reformative efforts in addressing sexual abuse cases. (Id. \u00b6\u00b6 38, 39). At the time, Lyell was allegedly the highest-ranking woman in the Southern Baptist Convention. (Id. \u00b6 38). According to the complaint, Lyell's offer was meaningful for the Southern Baptist Convention and the Executive Committee because they were experiencing extensive criticism for their alleged mishandling of significant sexual abuse cases. (Id. \u00b6 39). The Southern Baptist Convention, Litton, Lifeway, Lyell, Geiger, the Executive Committee, McLaurin, Slade, the Seminary, and Mohler allegedly 2/16/25, 11:24 Sills v. S. Baptist Convention, 3:23-cv-00478 | Casetext Search + Citator 4/31 (Id. \u00b6 44). The Sills allege the foregoing statements are false and malicious. (Id. \u00b6\u00b6 42-44). Lyell also stated that Southern Baptist Convention leaders handled her case well, which the Sills allege was a public relations strategy in a concerted effort amongst Defendants to improve the public image of the Southern Baptist Convention at the expense of Sills. (Id. \u00b6\u00b6 45-46). The Sills allege the Southern Baptist Convention could control the response to Lyell's understood the value of making an example out of Sills. (Id. \u00b6 40). These defendants were allegedly still under fire for mishandling complaints of sexual abuse unrelated to the Sills and saw Sills as an easy target and an opportunity to improve the Southern Baptist Convention's appearance and reputation by adopting the narrative publicly advanced by Lyell. (Id. \u00b6\u00b6 40, 41). 2021 In an interview on June 6, 2021, Lyell made a series of statements about the Sills, including that Sills began sexually abusing her on a mission trip in 2004 and that it continued and escalated for more than a decade. (Id. \u00b6 43). Lyell stated that she verbally and physically resisted Sills in the initial encounter and throughout all subsequent encounters. (Id.). She stated that her relationship with Sills was always forced, never consensual, and that she always resisted. (Id. \u00b6 42). Lyell *5 further stated that Sills had threatened her, possibly broke into her home, and tracked her phone. (Id.). Lyell described the police waiting for Sills, called Sills a cult leader, and reported that Sills had a gun and threatened to destroy her. (Id.). Lyell attributed bruises on her arms to Sills and claimed a church official told her: \u201cI've never had someone who's been beaten show up and ask for church discipline like what are you trying.\u201d (Id.). Lyell further stated she: 5 could very easily picture some 24-year-old Trinidadian young woman who would come up to him after hearing him preach being spiritually moved by something he said thanking him and then knowing him as did being able to equally imagine how he would turn that into access to force himself upon her wondered who would be there to help that Trinidadian young woman when he flew off to the next place 2/16/25, 11:24 Sills v. S. Baptist Convention, 3:23-cv-00478 | Casetext Search + Citator 5/31 claim of abuse in coordination with Lyell, such that it would improve its tarnished reputation and Lyell would be paid a confidential amount of money. (Id.). The Southern Baptist Convention, Litton, Lifeway, Lyell, Geiger, the Executive Committee, McLaurin, Slade, the Seminary, and Mohler allegedly coordinated and decided to retain an investigator. (Id. \u00b6 47). At the 2021 Southern Baptist Convention Annual Meeting in Anaheim, California, various fractions of the Southern Baptist Convention observed that the Executive Committee was overseeing the hiring of an investigator, namely Guidepost, to investigate itself. (Id. \u00b6 48). Observers noted that such an arrangement provided the Executive Committee with control over the investigation's outcome. (Id motion was made and approved to transfer oversight from the Executive Committee investigating itself to a new committee with *6 members handpicked by Litton, who was president of the Southern Baptist Convention at the time. (Id. \u00b6\u00b6 49, 40 n.8). Litton chose his seven-member committee to purportedly oversee the sex abuse investigation concerning the Executive Committee. (Id. \u00b6 49). The Committee of Cooperation was also formed and served as the exclusive go- between amongst the Executive Committee, the sevenmember \u201ctask force,\u201d and Guidepost. (Id.). The Committee of Cooperation was composed of five Executive Committee members, including Litton. (Id.). 6 In September 2021, Defendants hired and Guidepost to investigate the Southern Baptist Convention's sexual abuse crisis, with particular focus on and disproportionate page space dedicated to Lyell's statements against Sills. (Id. \u00b6 50). The Sills were not interviewed by or Guidepost, nor were they contacted by the police or an investigator. (Id. \u00b6\u00b6 51, 53). 2022 On February 22, 2022, in anticipation of Guidepost's report (the \u201cReport\u201d), the Executive Committee, McLaurin, and Slade published the following public statement statement from Executive Committee Chairman Rolland Slade on a resolution being reached with Jennifer Lyell 2/16/25, 11:24 Sills v. S. Baptist Convention, 3:23-cv-00478 | Casetext Search + Citator 6/31 *7 (Id. \u00b6\u00b6 52-54). At the same time, the Southern Baptist Convention, Executive Committee, McLaurin, and Slade paid Lyell an undisclosed amount, purportedly in lieu of Lyell filing a defamation and libel suit. (Id. \u00b6 52). Defendants also \u201ctweeted\u201d their foregoing statement with the added commentary: (Id. \u00b6 54). Lyell responded to the tweet as follows: (Id. \u00b6 55). The Sills allege Defendants' suggestion of unequivocal corroboration was untrue and reinforced the unchecked false narrative that The Executive Committee acknowledges its failure to adequately listen, protect, and care for Jenniffer Lyell when she came forward to share her story of abuse by a seminary professor. Baptist Press failed to accurately report the sexual abuse Jennifer Lyell reported to two entities and local Southern Baptist churches. The Executive Committee acknowledges its failures to Ms. Lyell, including the unintentional harm created by its failure to report Ms. Lyell's allegations of nonconsensual sexual abuse were investigated and unequivocally corroborated by the entities with authority over Ms. Lyell and her abuser. 7 The Executive Committee apologizes for all the hurt it has caused, is grateful for Ms. Lyell's perseverance and engagement, and prays for her complete healing from the trauma she has endured. The @SBCExecComm acknowledges its failures to Ms. Lyell, including the unintentional harm created by its failure to report her allegations of nonconsensual sexual abuse were investigated and unequivocally corroborated by the entities with authority over her and her abuser. Beyond grateful for this [emoji omitted]. Although knew it was a possibility, I'm in shock that almost 4 years after @albertmohler investigated & corroborated what reported as nonconsensual abuse, it is finally public that there was never any ambiguity. Thank you @SBCExecComm. 2/16/25, 11:24 Sills v. S. Baptist Convention, 3:23-cv-00478 | Casetext Search + Citator 7/31 had been repeatedly reported since 2021. (Id. \u00b6 56). *8 (Id. \u00b6\u00b6 57, 58, 60). The Report included a photo of Sills and labeled him as an abuser. (Id. \u00b6 63). Very few of the individuals listed as abusers had a photo entry, primarily accompanying the listing for individuals lawfully convicted of heinous crimes. (Id.). The Report allegedly published statements that were not true and unsubstantiated. (Id. \u00b6\u00b6 60, 61, 62). (Id. \u00b6 59). On June 14, 2022, Lyell stated she \u201ctold the truth through this entire ordeal\u201d and that: On May 22, 2022 and Guidepost published the Report, stating in part: [Lyell] told Dr. Mohler and her boss at Lifeway that any sexual contact she has with Professor Sills had been nonconsensual and involved violence, threats of violence against her and others, and coercion. Dr. Mohler clearly understood not only the nature of Ms. Lyell's disclosure but expressly stated that he believed Ms. Lyell and stated that that it was his opinion that she had been abused by Professor Sills. Rather than publishing Ms. Lyell's corroborated account as staff had originally drafted it, the account was changed to read as if Ms. Lyell was consensually involved with her alleged abuser. The article as published reported that Ms. Lyell alleged that she had a \u2018morally inappropriate relationship' with her former seminary professor, making it appear that she engaged in a consensual sexual relationship with him. 8 any sexual contact she had with her abuser was nonconsensual and involved violence, threats of violence against her and others, and coercion. On the same day the Report was published, May 22, 2022, Mohler stated: From the beginning we were prepared and determined to assist the investigators in any way possible and to support their work. What happened to Jennifer [Lyell] was sexual abuse, unquestionably. 2/16/25, 11:24 Sills v. S. Baptist Convention, 3:23-cv-00478 | Casetext Search + Citator 8/31 (Id. at \u00b6\u00b6 65-70). The Sills allege the foregoing was not accurate and intended to mislead. (Id.). *9 first contacted the Louisville Police Department, through their Sex Victims Unit, in May 2018, after had disclosed to the seminary told Ms. Basham what had told Baptist Press in 2019, that had gotten their voicemail, so hung up initially, but then later called back and left a message. However never received a return call from the unit. the Guidepost report is equally clear that while their conjecture was not rooted in any material information provided to them, all the material provided to the SBC's news reporting agency on the matter was from individuals in positions of denominational and professional authority over the matter who had been directly involved in questioning both me and the professor. Guidepost did not need to interview the professor's pastor or my former boss to assert in the report that those individuals had corroborated the abuse allegations to the because the EC's own records - and public statements - reveal it. On July 7, 2022, Barber published the following statements: Jennifer Lyell's claims have been investigated and corroborated. They have been investigated by people close to the situation who have first-hand knowledge of the people and context involved. 9 Those people, including people know at with whom have spoken directly, have said that they believe Jennifer and that what she has said about the abuse she experienced is true. Her claims have been investigated by @GuidepostGlobal, and whatever you think of their political positions or positions on social issues of the day, they are experts in this subject matter: investigation of sexual abuse claims. That is what they do. 2/16/25, 11:24 Sills v. S. Baptist Convention, 3:23-cv-00478 | Casetext Search + Citator 9/31 (Id. at \u00b6 72). On July 8, 2022, the Seminary and Mohler published the following statement: (Id. at \u00b6 71). The Sills allege this statement falsely accuses Sills of criminal conduct, while at the same time denying him due process. (Id.). The Sills further allege these statements made in early July 2022 by the Southern Baptist Convention, Barber, the Seminary, and Mohler were an effort to add authenticity and legitimacy to the Report that leveled unsubstantiated accusations and conclusions against Sills. (Id. at \u00b6 73). The Sills allege Defendants' May, June, and July 2022 statements were false and a continuation of a yearslong campaign to attack the honesty of the Sills, (id. at \u00b6\u00b6 74, 76), that that the Report published in May 2022 intensified the controversy surrounding the allegations and investigation, while also resurrecting and placing back into circulation Defendants' malicious statements made against the Sills. (Id. at \u00b6\u00b6 75, 77). In 2018, Jennifer Lyell came to me with an accusation of sexual abuse by David Sills. We followed appropriate processes and the accusation of abuse was confirmed, as we indicated publicly and have subsequently confirmed. Statements directly made by Sills in the course of our confrontation clearly confirmed the allegations of abuse. 2023 On May 11, 2023, the Sills filed this action against the Southern Baptist Convention, the Executive Committee, the Seminary, Lifeway, Litton, Lyell, Geiger, Barber, McLaurin, Rolland Slade, Mohler, SPI, and Guidepost for defamation, conspiracy, negligence, and intentional *10 infliction of emotional distress based on diversity of citizenship and an amount in controversy exceeding $75,000.00. (See Doc. No. 1). 10 In July 2023, Geiger, SPI, Barber, and Litton filed the pending motions to dismiss the Sills' claims against them under Federal Rule of Civil Procedure 12(b)(2) for lack of personal jurisdiction. Additionally, Lifeway, Lyell, Guidepost, the Seminary, Mohler, the Executive Committee, McLaurin, Slade, Barber, Litton, and the Southern Baptist Convention move to dismiss the Sills' claims against them under Rule 12(b)(6) for failure to state claim. 2/16/25, 11:24 Sills v. S. Baptist Convention, 3:23-cv-00478 | Casetext Search + Citator 10/31 A. Rule 12(b)(2) Federal Rule of Civil Procedure 12(b)(2) allows a defendant to file a motion to dismiss for lack of personal jurisdiction. Fed.R.Civ.P. 12(b)(2). The district court has discretion in how to resolve such a motion. Malone v. Stanley Black & Decker, Inc., 965 F.3d 499, 505 (6th Cir. 2020). \u201cIf it decides that the motion can be ruled on before trial, the court may determine the motion on the basis of affidavits alone; or it may permit discovery in aid of the motion; or it may conduct an evidentiary hearing on the merits of the motion.\u201d Id. (quoting Serras v. First Tenn. Bank Nat. Ass'n, 875 F.2d 1212, 1214 (6th Cir. 1989 plaintiff bears the burden of establishing personal jurisdiction. Intera Corp. v. Henderson, 428 F.3d 605, 615 (6th Cir. 2005). The court's choice in how to resolve a motion to dismiss for lack of personal jurisdiction affects the plaintiff's burden. Malone, 965 F.3d at 505. When the district court rules based on written submissions alone, as in the present case, the plaintiff need only make out a prima facie showing that personal jurisdiction exists, which can be done through the complaint. Id. at 504-05. \u201cThe court must view the pleadings and affidavits in a light most favorable to the plaintiff and not weigh the controverting assertions *11 of the party seeking dismissal.\u201d Ingram Barge Co v. Zen-Noh Grain Corp., 3 F.4th 275, 278 (6th Cir. 2021) (citation and internal quotations omitted). 11 federal court sitting in diversity may not exercise jurisdiction over a defendant unless courts of the forum state would be authorized to do so by state law-and any such exercise of jurisdiction must be compatible with the due process requirements of the United States Constitution.\u201d Malone, 965 F.3d at 502. \u201cDue process requires that an out-of-state defendant have \u2018minimum contacts' with the forum state sufficient to comport with \u2018traditional notions of fair play and substantial justice.'\u201d Blessing v. Chandrasekhar, 988 F.3d 889, 904 (6th Cir. 2021) (quoting Int'l Shoe Co. v. Washington, 326 U.S. 310, 316 (1945)). Tennessee's long-arm statute \u201cextends its jurisdiction to due process's limits, so due process is all [the court] must address.\u201d Parker v. Winwood, 938 F.3d 833, 839 (6th Cir. 2019). B. Rule 12(b)(6) 2/16/25, 11:24 Sills v. S. Baptist Convention, 3:23-cv-00478 | Casetext Search + Citator 11/31 Federal Rule of Civil Procedure 12(b)(6) permits dismissal of a complaint for failure to state a claim upon which relief can be granted. For purposes of a motion to dismiss, a court must take all of the factual allegations in the complaint as true. Ashcroft v. Iqbal, 556 U.S. 662 (2009). To survive a motion to dismiss, a complaint must contain sufficient factual allegations, accepted as true, to state a claim for relief that is plausible on its face. Id. at 678 claim has facial plausibility when the plaintiff pleads facts that allow the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. Id. In reviewing a motion to dismiss, the Court construes the complaint in the light most favorable to the plaintiff, accepts its allegations as true, and draws all reasonable inferences in favor of the plaintiff. Directv, Inc. v. Treesh, 487 F.3d 471, 476 (6th Cir. 2007). Thus, dismissal is appropriate only if \u201cit appears beyond doubt that the *12 plaintiff can prove no set of facts in support of his claim which would entitle him to relief.\u201d Guzman v. U.S. Dep't of Children's Servs., 679 F.3d 425, 429 (6th Cir. 2012). 12 While the Court's decision to grant or deny a motion to dismiss \u201crests primarily upon the allegations of the complaint, matters of public record, orders, items appearing in the record of the case, and exhibits attached to the complaint [ ] also may be taken into account.\u201d Barany-Snyder v. Weiner, 539 F.3d 327, 332 (6th Cir. 2008) (citation and internal quotations omitted). The Court may also consider \u201cexhibits attached to the defendant's motion to dismiss so long as they are referred to in the complaint and are central to the claims contained therein.\u201d Rondigo, L.L.C. v. Twp. of Richmond, 641 F.3d 673, 680-81 (6th Cir. 2011) (citation omitted A. Personal Jurisdiction The Court will first address whether it has personal jurisdiction over Defendants Geiger, Litton, Barber, and SPI. As noted above, because the Court resolves these defendants' motions to dismiss for lack of personal jurisdiction without a hearing or jurisdictional discovery, plaintiffs bear the low burden of making out a prima facie showing that personal jurisdiction 2/16/25, 11:24 Sills v. S. Baptist Convention, 3:23-cv-00478 | Casetext Search + Citator 12/31 exists, which can be done through the complaint. Malone v. Stanley Black & Decker, Inc., 965 F.3d 499, 504-05 (6th Cir. 2020). 1. Geiger Geiger is a former senior vice president of Lifeway who presently lives and works in California. (Doc. No. 1 \u00b6 26). Through his pending motion, Geiger argues there is no basis for the exercise of general, specific, or co- conspirator personal jurisdiction over him because he is not domiciled in Tennessee, does not have continuous and systematic contacts with Tennessee, *13 Plaintiffs' claims do not arise from any of his contacts with Tennessee, traditional notions of fair play and substantial justice would be offended by exercising personal jurisdiction over him, and the complaint fails to state a claim for civil conspiracy against him with the required specificity. (Doc. No. 92 at 6-16). In their response, the Sills argue jurisdiction over Geiger is appropriate because of his alleged involvement in 2018 with the initial reporting of the Sills/Lyell relationship that was part of a chain of events that led to the claim. The Sills also argue their conspiracy claim is sufficient to establish personal jurisdiction over Geiger. (Doc. No. 104 at 20 (citing First Cmty. Bank, N.A. v. First Tennessee Bank, N.A., 489 S.W.3d 369, 394 (Tenn. 2015)). 13 a. Specific Personal Jurisdiction \u201cSpecific jurisdiction turns on the affiliation between the forum and the underlying controversy.\u201d Parker v. Winwood, 938 F.3d 833, 839 (6th Cir. 2019). For a nonresident defendant to be subject to specific personal jurisdiction, the Sixth Circuit requires: First, the defendant must purposefully avail himself of the privilege of acting in the forum state or causing a consequence in the forum state. Second, the cause of action must arise from the defendant's activities there. Finally, the acts of the defendant or consequences caused by the defendant must have a substantial enough connection with the forum state to make the exercise of jurisdiction over the defendant reasonable. 2/16/25, 11:24 Sills v. S. Baptist Convention, 3:23-cv-00478 | Casetext Search + Citator 13/31 Peters Broad. Eng'g, Inc. v. 24 Cap., LLC, 40 F.4th 432, 441 (6th Cir. 2022) (citations omitted). Here, according to the allegations in the complaint, Geiger was a Tennessee resident employed as a senior vice president of Lifeway in the spring of 2018 when Lyell disclosed her affair with Sills to Geiger and other defendants. (See Doc. No. 1 \u00b6 35). Shortly after Lyell's disclosure, Geiger moved to California for a new job. (Id. \u00b6 36). The complaint does not allege Geiger had any contacts with Tennessee following his 2018 move to California. Thus, Geiger's only alleged contacts with Tennessee occurred in 2018 - at least three years before the alleged *14 conduct of other defendants that serves as the basis for the claims at issue. Even viewing the facts alleged in the light most favorable to the Sills and drawing all reasonable inferences in their favor, the Sills have failed to meet their low burden of pleading a prima facie basis for specific personal jurisdiction over Geiger. 14 b. Co-Conspirator Jurisdiction \u201cUnder this theory, an out-of-state defendant involved in a conspiracy who lacks sufficient \u2018minimum contacts' with the forum state may nevertheless be subject to jurisdiction because of a co-conspirator's contacts with the forum.\u201d First Cmty. Bank, 489 S.W.3d at 394. Geiger argues the Court should not exercise personal jurisdiction over him based upon the Sills' alleged civil conspiracy because the complaint fails to allege facts showing his participation in the alleged conspiracy. (See Doc. No. 92 at 14-15 (citing Doc. No. 1 \u00b6\u00b6 38, 40, 47, 60-62)). In their response, plaintiffs contend the complaint alleges Geiger became a member of the conspiracy by contributing to and/or approving the publication of the allegedly defamatory statements about Mr. Sills. (See Doc. No. 104 at 21 (citing \u201cgenerally\u201d Doc. No. 1 \u00b6\u00b6 32-97)). Here, the complaint alleges that Lyell reported her relationship with Sills in the spring of 2018 and \u201csoon thereafter\u201d Geiger moved to California. (Doc. No. 1. \u00b6\u00b6 35-36). The complaint also alleges the genesis of the alleged conspiracy to be in March 2019. (Id. \u00b6\u00b6 38-39). While the Sills list Geiger among many defendants who purportedly began a series of events that predate the conduct that serves as the basis of the claims at issue, the Sills 2/16/25, 11:24 Sills v. S. Baptist Convention, 3:23-cv-00478 | Casetext Search + Citator 14/31 do not allege facts showing how Geiger personally remained involved after his move to California. Accordingly, the Court is left with only conclusory and vague references to Geiger's purported involvement after May 2018. *15 15 In sum, based on the allegations in the complaint, the Sills have failed to carry their burden establishing that this Court's exercise of jurisdiction over Geiger would be consistent with due process and does not offend \u201ctraditional notions of fair play and substantial justice.\u201d Johnson v. Griffin, 85 F.4th 429 (6th Cir. 2023) (internal citation omitted). Accordingly, the Court will grant Geiger's motion to dismiss for lack of personal jurisdiction. 3 3 Because the Court finds the Sills have failed to meet their initial burden of pleading a prima facie basis for specific personal jurisdiction and for conspiracy-based jurisdiction over Geiger, the Court does not reach or rely on Geiger's declaration filed in support of his jurisdictional challenge. 2. Barber and Litton Barber and Litton argue the complaint contains only threadbare allegations of their conduct to support exercising personal jurisdiction over either of them. The Court agrees that the complaint fails to assert facts sufficient to establish general personal jurisdiction over Barber or Litton. As for specific personal jurisdiction, the complaint alleges that Barber and Litton engaged in conduct in 2021 and 2022 that gives rise to the claims at issue, including that: 4 4 General jurisdiction exists when the defendant's affiliations with the forum state are so continuous and systematic as to render the defendant essentially at home there. See Sullivan v Chem, Ltd., 79 F.4th 651, 660 (6th Cir. 2023) (citing Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915, 919 (2011)). Here, the Sills do not argue any of Defendants' contacts with Tennessee are \u201ccontinuous and systematic\u201d to warrant the exercise of general personal jurisdiction over them. (See Doc. No. 104 at 13- 21). \u2022 Litton served as president of the Southern Baptist Convention in 2021 and 2022 (Doc. No. 1 \u00b6\u00b6 17, 40 n.8); \u2022 The Southern Baptist Convention is headquartered in Nashville (Id. \u00b6 16); 2/16/25, 11:24 Sills v. S. Baptist Convention, 3:23-cv-00478 | Casetext Search + Citator 15/31 *16 \u2022 Barber served as the president of the Southern Baptist Convention (Id. \u00b6 18); \u2022 Litton and other defendants sought to make an example of Sills (id. \u00b6 40) and improve the image of the Southern Baptist Convention (Id. \u00b6 46); \u2022 Litton selected a committee to oversee a sex abuse investigation in July 2021 (Id. \u00b6 49); 16 \u2022 Litton directed and approved the narrative against Sills (Id. \u00b6 49); \u2022 Litton was involved in publishing allegedly defamatory statements in May 2022 (Id. \u00b6 60); \u2022 Litton is one of the defendants who relied upon \u201cunchecked information\u201d and acted in concert with Guidepost to publish defamatory statements in May 2022 (Id. \u00b6 62); \u2022 Barber tweeted about the accusations against Sills in July 2022 (Id. \u00b6 72); and \u2022 Defendants, including Barber and Litton, conspired to defame Sills (Id. \u00b6 95) The complaint sets forth sufficient facts, accepted as true, that Barber and Litton purposely availed themselves of the privilege of acting in this forum, their actions give rise to the causes of action, and the acts or consequences of those acts have a substantial connection with the forum such that exercising specific personal jurisdiction over them would not violate due process or be contrary to notions of fair play and substantial justice. Accordingly, Barber and Litton will not be dismissed for lack of personal jurisdiction. 3 Plaintiffs do not argue the Court has general jurisdiction over or that has sufficient contacts with Tennessee for specific personal jurisdiction. Instead, the Sills argue exercising jurisdiction over would not violate 2/16/25, 11:24 Sills v. S. Baptist Convention, 3:23-cv-00478 | Casetext Search + Citator 16/31 due process because is structurally and operationally indistinguishable from Guidepost for purposes of jurisdictional review. The Sixth Circuit has \u201cendorsed the use of the alter-ego theory to exercise personal jurisdiction.\u201d Est. of Thomson ex rel. Est. of Rakestraw v. Toyota Motor Corp. Worldwide, 545 F.3d 357, 362 (6th Cir. 2008). In applying the alter-ego theory of personal jurisdiction in a diversity action, the Court must look to Tennessee *17 law. See id.; see, e.g., Se. Tex. Inns, Inc. v. Prime Hospitality Corp., 462 F.3d 666, 672 (6th Cir. 2006) (applying state alter ego law to state law claim brought under diversity jurisdiction). 5 17 5 The Sills also argue the Court has co-conspirator jurisdiction over SPI; however, for the same reasons the complaint fails to state a claim for civil conspiracy against Guidepost, see Section III, H., infra, the co-conspirator personal jurisdiction theory as to fails. Tennessee law presumes parent and subsidiary corporations are separate and distinct legal entities. Gordon v. Greenview Hosp., Inc., 300 S.W.3d 635, 651 (Tenn. 2009). Under Tennessee law, \u201c[a]n alter ego ... relationship is typified by\u201d one \u201ccorporation's control of [another] corporation's internal affairs or daily operations.\u201d Wells ex rel. Baker v. State, 435 S.W.3d 734, 756 (Tenn. Ct. App. 2013) (quoting Gordon, 300 S.W.3d at 652). While the Sills allege owns Guidepost (see Doc. No. 1 \u00b6 27), they do not allege a disregard of corporate formalities, that and Guidepost commingle funds, that was acting through Guidepost in anyway, or that SPI's control over Guidepost caused their injuries. The complaint also does not contain allegations suggesting that an inequitable result would follow if were not held liable for Guidepost's alleged wrongdoing. Accordingly, the complaint does not allege facts to establish a prima facie basis for the exercise of personal jurisdiction over based on alter-ego personal jurisdiction. Because the Sills' reliance on an alter-ego theory of jurisdiction is unavailing, the Court will grant SPI's motion to dismiss for lack of personal jurisdiction. B. Choice of Law The Executive Committee, McLaurin, Slade, Southern Baptist Convention, Barber, Litton, and Guidepost argue Mississippi law applies because the Sills are domiciled in Mississippi. The other defendants appear to concede that 6 2/16/25, 11:24 Sills v. S. Baptist Convention, 3:23-cv-00478 | Casetext Search + Citator 17/31 Tennessee law governs and rely on it in their motions. In their response, the Sills argue Tennessee law applies because Tennessee has the most significant relationship to the occurrence and the parties. *18 18 6 No party articulated how application of Mississippi law alters the Rule 12 analysis. The instant matter was brought to this Court pursuant to diversity jurisdiction under 28 U.S.C. \u00a7 1332 federal court sitting in diversity applies the law of the forum state, including the forum's choice-of-law rules. Atl. Marine Constr. Co. Inc. v. U.S. Dist. Ct. for W. Dist. of Tex., 571 U.S. 49 (2013). In tort cases, Tennessee abides by the Restatement (Second) of Conflict of Laws, see Hataway v. McKinley, 830 S.W.2d 53, 59 (Tenn. 1992); Wahl v. General Elec. Co., 786 F.3d 491, 494 (6th Cir. 2015), which provides that \u201cthe rights and liabilities of the parties with respect to an issue in tort are determined by the local law of the state, which with respect to that issue, has the most significant relationship to the occurrence and the parties under the principals stated in [Restatement (Second) of Conflict of Laws] \u00a7 6.\u201d Hataway, 830 S.W.2d at 59 (citation omitted). Accordingly, the Court must apply the law of the state with the most significant relationship to the occurrences and parties. In a libel action, the location of the reputational harm to the plaintiff typically provides the applicable law. See Glennon v. Dean Witter Reynolds, Inc., 83 F.3d 132, 137 (6th Cir. 1996). Here, the complaint does not specify whether the plaintiffs' reputational harm was primarily experienced in a specific geographical location. Conversely, the Southern Baptist Convention - a central figure in the Sills' claims - is located in Tennessee, as is the Executive Committee. Guidepost contracted with the Southern Baptist Convention to conduct an investigation into, among other things, the actions of the Executive Committee, and multiple defendants are located in Tennessee. Given these facts and the lack of a clear choice-of-law based on reputational harm to the Sills, Tennessee has the most significant relationship to the occurrences and the parties. C. Affirmative Defenses 2/16/25, 11:24 Sills v. S. Baptist Convention, 3:23-cv-00478 | Casetext Search + Citator 18/31 plaintiff typically does not have to anticipate or negate an affirmative defense to survive a motion to dismiss. Cataldo v. U.S. Steel Corp., 676 F.3d 542, 547 (6th Cir. 2012). However, an *19 affirmative defense can be the basis for dismissal under Rule 12(b)(6) if \u201cthe plaintiff's own allegations show that a defense exists that legally defeats the claim for relief.\u201d Est. of Barney v Bank, Nat. Ass'n, 714 F.3d 920, 926 (6th Cir. 2013) (citation omitted). Through their pending motions, the Southern Baptist Convention, Barber, Litton, the Seminary, Mohler, Guidepost, Lyell, the Executive Committee, McLaurin, and Slade seek dismissal of the Sills' claims based on the affirmative defense of the ecclesiastical abstention doctrine. Lyell, the Executive Committee, McLaurin, and Slade also argue the Sills' defamation claims against them are time-barred. Accordingly, the Court must review the allegations in the complaint to determine if either of the foregoing affirmative defenses clearly apply. 19 7 7 While Defendants argue the ecclesiastical doctrine deprives this Court of subject matter jurisdiction, courts have been clear that this doctrine constitutes an affirmative defense, not a jurisdictional bar. See Hosanna- Tabor Evangelical Lutheran Church & Sch. v. E.E.O.C., 565 U.S. 171, 202 n.4 (2012); Conlon v. InterVarsity Christian Fellowship, 777 F.3d 829, 833 (6th Cir. 2015). Defendants cite no law to the contrary. 1. Ecclesiastical Abstention Doctrine Rooted in the First Amendment, the ecclesiastical abstention doctrine cautions against courts weighing into internal church matters that involve \u201cquestions of discipline, or of faith, or ecclesiastical rule, custom, or law [that are decided by] church judicatories.\u201d Ogle v. Hocker, 279 Fed.Appx. 391, 395 (6th Cir. 2008 companion doctrine involving the review by courts of employment decisions is referred to as the \u201cministerial exception,\u201d which is also based on First Amendment concerns. See Hosanna-Tabor Evangelical Lutheran Church & Sch. v. E.E.O.C., 565 U.S. 171 (2012); see also Conlon v. InterVarsity Christian Fellowship, 777 F.3d 829 (6th Cir. 2015). The ecclesiastical abstention doctrine looks to whether the lawsuit would require the court to consider disputes involving \u201ctheological controversy, church discipline, ecclesiastical government, or the conformity of the members of the church to the standard of morals required of *20 them.\u201d 20 2/16/25, 11:24 Sills v. S. Baptist Convention, 3:23-cv-00478 | Casetext Search + Citator 19/31 Serbian E. Orthodox Diocese for U.S. of Am. & Canada v. Milivojevich, 426 U.S. 696, 714 (1976). While some of the defendants rely on Ogle v. Church of God, 153 Fed.Appx. 371 (6th Cir. 2005) and In re Lubbock, 624 S.W.3d 506, 509 (Tex. 2021), neither are applicable in the present case because Ogle involved requested judicial review of church disciplinary proceedings and Lubbock concerned defamation claims resulting from an application of Canon law. On the other hand, Defendants largely ignore the case of Ogle v. Hocker, which is more applicable to the claims alleged by Hunt. In Hocker, a church bishop sued a fellow pastor for defamation and intentional infliction of emotional distress for statements made in sermons and elsewhere. In analyzing the applicability of the ecclesiastical abstention doctrine, the Hocker court asked \u201c[w]hether a secular court may hear a tort suit despite the church autonomy doctrine turns on the availability of secular standards and the ability of a court to resolve the controversy without reference to religious doctrine.\u201d 279 Fed.Appx. at 395. The Hocker court went on to point out that \u201cthe relevant question ... is whether the court would interfere with any matter of church doctrine or practice by ruling on this case.\u201d Id. at 396. The Hocker court declined to invoke the ecclesiastical abstention doctrine when: (1) the majority of the purportedly defamatory statements occurred \u201coutside of the religious practice context,\u201d and (2) no party identified \u201cany doctrinal issues that will be involved.\u201d Id. In contrast, in an earlier suit filed by Bishop Ogle - Ogle v. Church of God, cited supra - challenging internal church disciplinary proceedings against him, the Sixth Circuit applied the ecclesiastical abstention doctrine because \u201call of defendants' actions of which Ogle complains were part of church disciplinary proceedings which were initiated precisely because Ogle's actions violated the Church of God Minutes of the General Assembly.\u201d Ogle, 153 Fed.Appx. at 376. *21 21 Here, the complaint does not seek judicial review of a \u201ctheological controversy, church discipline, ecclesiastical government, or the conformity of the members of the church to the standard of morals required of them.\u201d Milivojevich, 426 U.S. at 714. Rather, according to the complaint, the Southern Baptist Convention hired a third party to investigate how its Executive Committee handled matters involving sexual abuse. The fact that 2/16/25, 11:24 Sills v. S. Baptist Convention, 3:23-cv-00478 | Casetext Search + Citator 20/31 a church body was involved in the decision to hire Guidepost and that the resulting investigation and report involved a church entity does not prevent the court from resolving the claims asserted without reference to religious doctrine. Because it is not clear from the allegations that the ecclesiastical abstention doctrine bars this Court from presiding over the claims asserted, Defendants' motions to dismiss will not be granted on ecclesiastical abstention grounds. 2. Statute of Limitations Lyell, the Executive Committee, McLaurin, and Slade argue the Sills' defamation claims against them are time-barred. Dismissal on timeliness grounds - an affirmative defense - is appropriate \u201cif the allegations in the complaint affirmatively show that the claim is time-barred.\u201d Snyder-Hill v. Ohio State Univ., 48 F.4th 686, 698 (6th Cir. 2022) (internal quotations omitted). But \u201cit is the defendant's burden to show that the statute of limitations has run.\u201d Id. Here, the complaint states that the allegedly defamatory statements were made within a year of the filing of this action, thus it is not clear from the complaint that the limitations defense defeats the defamation claims. As such, these defendants have not met their burden of showing that Mr. Sills' defamation claim is time-barred. See id. However, Lyell also asserts that none of the post May 11, 2022 statements were about Mrs. Sills. The Court agrees; the post-May 11, 2022 allegedly defamatory statements described in the complaint are void of any mention or reference to Mrs. Sills, so, to the extent the Sills assert a *22 defamation claim against Lyell for statements made prior to May 11, 2022 about Mrs. Sills, that claim will be dismissed as time-barred. 22 D. Group Pleading 1. Lifeway Lifeway argues that the complaint simply includes it among references to \u201cDefendants\u201d without setting forth specific acts of Lifeway that are actionable or sufficient facts to provide it with fair notice of the grounds of the claims against it. Rhodes v Carriers, Inc., 491 Fed.Appx. 579, 582 (6th Cir. 2012) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)). In 2/16/25, 11:24 Sills v. S. Baptist Convention, 3:23-cv-00478 | Casetext Search + Citator 21/31 their response, the Sills argue that Lyell and Geiger were Lifeway executives \u201cat various times relevant to the issues in this case.\u201d The Sills further argue Lyell and Geiger's conduct may be imputed to Lifeway under respondeat superior. Yet, the Sills allege that Geiger left Lifeway for a pastor position in 2018 - three years before the acts that serve as the basis for the claims - so his actions post 2018 cannot be fairly attributed to Lifeway under a respondeat superior theory. As for Lyell, the complaint alleges that she worked for Lifeway and reported the alleged abuse to Lifeway executives in spring 2018. (Doc. No. 1 \u00b6\u00b6 25, 35). It also alleges Lyell was a senior executive with Lifeway (see id. \u00b6 25), but does not specify when. Otherwise, Lifeway is only mentioned among a list of defendants, but no specific allegations explain what actions of Lifeway give rise to the Sills' claims. Given that the Sills rely solely on the doctrine of respondeat superior based on the actions of Lyell, the Court considers whether the complaint alleges facts sufficient to apply that doctrine. Tennessee Farmers Mut. Ins. Co. v. Am. Mut. Liab. Ins. Co., 840 S.W.2d 933, 937 (Tenn. Ct. App. 1992). *23 23 Here, the Sills allege that Lyell was employed by Lifeway, but fail to allege that she was on Lifeway's business or acting within the scope of her employment when she allegedly defamed the Sills in 2022, conspired with others, acted negligently or intentionally inflicted intentional emotional distress on the Sills. The Sills also point to allegations that specifically name Lifeway (see Doc. No. 104 at 22 (citing Doc. No. 1 \u00b6 47)), but the paragraph cited simply includes Lifeway among other defendants without specifying what acts Lifeway engaged in giving rise to the claims. Plaintiffs' factual allegations are too sparse and do not have sufficient context or support to \u201cplausibly suggest entitlement to relief,\u201d Ashcroft v. Iqbal, 556 U.S. 662, 681 (2009), from Lifeway under a theory of respondeat superior that fails to rise \u201cabove the speculative level.\u201d Twombly, 550 U.S. at 555. Without pleading facts to support the elements of respondeat superior against Lifeway, Plaintiffs have not adequately placed Lifeway on notice of the grounds upon which the claims against it rests. Rhodes, 491 Fed.Appx. at 582. Given this ruling, the Court does not need to address Lifeway's arguments as to specific claims or the statute of limitations. 2/16/25, 11:24 Sills v. S. Baptist Convention, 3:23-cv-00478 | Casetext Search + Citator 22/31 2. The Southern Baptist Convention, Barber, and Litton These defendants argue that the Sills impermissibly group \u201cDefendants\u201d together without specifying what individual actions of these defendants give rise to the Sills' claims. Plaintiffs respond that the Southern Baptist Convention is mentioned over 80 times in the complaint with specific allegations concerning the Southern Baptist Convention. After reviewing the complaint, the Court agrees and will not dismiss the Southern Baptist Convention based on its \u201cgroup pleadings\u201d argument. *24 8 24 8 These defendants did not defend this argument for dismissal in their reply. (See Doc. No. 112). As for Litton, the Sills allege that he, as president of the Southern Baptist Convention, acted in concert with the other defendants to publish defamatory information and, the report that serves as the basis for some of the claims. (Doc. No. 104 at 24 (citing Doc. No. 1 \u00b6\u00b6 60, 61, 62)). Given his leadership role with the Southern Baptist Convention and accepting the Sills factual allegations as true, the Court finds that the Sills have alleged sufficient facts to overcome Litton's \u201cgroup pleading\u201d argument. Turning to Barber, the complaint alleges that he \u201ctweeted\u201d defamatory information in July 2022 (Doc. No. 1 \u00b6 72) and served as the Southern Baptist Convention's president during the relevant time period and thus was involved in the Guidepost investigation and report. This is sufficient to overcome Barber's \u201cgroup pleading\u201d argument. 3. Executive Committee, McLaurin, and Slade These defendants argue that the complaint impermissibly alleges claims against all the defendants without specifying what each of these defendants did; the Executive Committee argues this is particularly true as to itself. The Sills respond by pointing out that the Executive Committee requested that Guidepost conduct the investigation at issue, had control over the outcome of the investigation, its members worked with Guidepost, McLaurin and Slade issued an apology to Lyell, and the Executive Committee entered into the Guidepost contract on behalf of the Southern Baptist Convention. (See Doc. No. 1 \u00b6\u00b6 47, 48, 49, 52, 53, 60, 64). The Court finds that the Sills have 2/16/25, 11:24 Sills v. S. Baptist Convention, 3:23-cv-00478 | Casetext Search + Citator 23/31 alleged specific actions against the Executive Committee to avoid dismissal on the grounds that impermissible \u201cgroup pleading\u201d occurred. As for McLaurin, the Sills allege that he served as the Interim President of the Executive Committee (id. \u00b6 20), understood the value of making an example out of Sills (id. \u00b6 40), played a role in hiring Guidepost (id. \u00b6 47), issued a statement that refuted that the Lyell/Sills 24 *25 relationship was consensual (id. \u00b6 53), and acted in concert with Guidepost to publish the report in May 2022 (id. \u00b6 62). The Court finds that the Sills have alleged specific actions against McLaurin to survive his motion to dismiss on \u201cgroup pleading\u201d grounds. 25 Finally, as for Slade, the complaint identifies him as the chairman of the Executive Committee (id. \u00b6 21), alleges that he understood the importance of making an example out of Sills (id. \u00b6 40), participated in hiring Guidepost (id. \u00b6 47), issued a statement that refuted that the Lyell/Sills relationship was consensual (id. \u00b6 53), and facilitated the publication of the Guidepost report (id. \u00b6 60). The Court finds that the Sills have alleged specific actions against Slade to avoid dismissal on grounds of impermissible \u201cgroup pleading\u201d occurred. E. Defamation To state a claim for defamation under Tennessee law, a plaintiff must allege: (1) a party published a statement; (2) with knowledge that the statement was false and defaming to the other; or (3) with reckless disregard for the truth of the statement or with negligence in failing to ascertain the truth of the statement. Brown v. Christian Bros. Univ., 428 S.W.3d 38, 50 (Tenn. Ct. App. 2013). 1. Lyell Lyell first argues that any actionable defamatory statements included in the Guidepost report are covered by the \u201ccommon interest\u201d privilege and the \u201cpublic interest\u201d privilege. As the Sills point out in their response, the applicability of the defense of \u201ccommon interest\u201d or \u201cpublic interest\u201d privileges turn on specific factors and facts. Such a defense is not a sufficient basis for dismissal of the defamation claim against Lyell because: (1) the 2/16/25, 11:24 Sills v. S. Baptist Convention, 3:23-cv-00478 | Casetext Search + Citator 24/31 Sills have alleged facts to state a defamation claim against her; and (2) it is not clear from the face of the complaint that this defense bars that claim. See Est. of Barney v Bank, Nat. Ass'n, 714 F.3d 920, 926 (6th Cir. 2013). *26 26 Lyell also seeks to inject into the record an interview, then argue for dismissal based on her characterization of the interview. The Court considers only the complaint and even if it considered the interview, it cannot draw inferences in Lyell's favor, which she invites the Court to do. Accordingly, the Court will not grant Lyell's motion on this basis. 2. Guidepost Guidepost denies the Sills' allegation that it \u201cpublished\u201d the report to the Southern Baptist Convention and argues its \u201csending\u201d the report to the Southern Baptist Convention was covered by the \u201ccommon interest privilege.\u201d As noted in Lyell's similar argument, the applicability of a privilege as a defense turns on factors and facts outside of the pleadings and for which the Court would be required to draw inferences in favor of Guidepost; the Court declines to do so. See supra. Guidepost next argues that Sills is a public figure, thus the actual malice standard applies and the complaint is void of allegations that guidepost showed actual malice toward him in the publication of the report. Here, the complaint does not include sufficient factual allegations for the Court to conclude that Sills was a public figure. See Thomas M. Cooley L. Sch. v. Kurzon Strauss, LLP, 759 F.3d 522, 527 (6th Cir. 2014); Santoni v. Mueller, No. 3:20- CV-00975, 2022 97049, at *11 (M.D. Tenn. Jan. 10, 2022). As for the remainder of Guidepost's arguments, they turn on Guidepost's denial of liability and rely on construing information and records outside of the record of this case at this juncture; the Court will confine its analysis to the Complaint and its Exhibit. Accordingly, the Court will not grant Guidepost's motion on this basis. 3. The Southern Baptist Convention, Barber, and Litton The Southern Baptist Convention, Barber, and Litton argue the complaint fails to include any factual allegations to support the claim that they 2/16/25, 11:24 Sills v. S. Baptist Convention, 3:23-cv-00478 | Casetext Search + Citator 25/31 published defamatory statements. Even a cursory review of the complaint shows the Sills allege the Southern Baptist Convention published 26 *27 defamatory statements (Doc. No. 1 \u00b6\u00b6 60, 62, 63). As for Barber, the complaint alleges that he published statements in July 2022 concerning Lyell's claims against Sills. (Id. \u00b6 72). The Sills allege that Litton directed and approved the narrative against Sills. (Id. \u00b6 49). Thus, the Sills have stated a defamation claim against Barber, Litton, and the Southern Baptist Convention. 27 4. Executive Committee, McLaurin, and Slade These defendants argue the February 2022 statement by Slade wasn't defamatory. Acceptance of this argument as grounds for dismissal would require the Court to construe the allegations against the non-movant, which the Court cannot do. The complaint alleges the Executive Committee published a statement in February 2022 that was a precursor to and consistent with the allegedly defamatory statements made in May-July 2022; McLaurin was the Interim President of the Executive Committee and acted in concert with others to publish defamatory statements; Slade served as Chairman of the Executive Committee, which was experiencing criticism before the defamatory statements, and understood the need to address controversy, all of which resulted in the hiring of Guidepost and the resulting investigative report. (See Doc. No. 1 \u00b6\u00b6 54, 60-63, 20, 49). Taking all those allegations as true, the Sills have stated a defamation claim against the Executive Committee, McLaurin, and Slade. F. Conspiracy To state a claim for civil conspiracy under Tennessee law, a plaintiff must allege: (1) a common design between two or more persons; (2) to accomplish by concerted action an unlawful purpose, or a lawful purpose by unlawful means; (3) an overt act in furtherance of the conspiracy; and (4) injury to person or property resulting in attendant damage. See Pagliara v. Moses, 605 S.W.3d 619, 627 (Tenn. Ct. App. 2020 claim for civil conspiracy must have an underlying predicate tort committed in the course of the conspiracy. See id. *28 28 1. Lyell 2/16/25, 11:24 Sills v. S. Baptist Convention, 3:23-cv-00478 | Casetext Search + Citator 26/31 Lyell argues that conspiracy claims should be pleaded with \u201csome level of specificity\u201d and cites state and federal cases in support of that argument. The Sills respond that they pled facts sufficient to state the elements of a civil conspiracy claim and cites numerous specific allegations in the complaint. The Court agrees Plaintiffs have sufficiently alleged a factual basis for the conspiracy claim against Lyell. Moreover, Lyell's arguments ask the Court to draw inferences from the factual allegations in her favor, which the Court cannot do at this stage. Accordingly, the Court will not grant Lyell's motion on this basis. 2. The Seminary and Mohler The Seminary and Mohler argue that the complaint fails to allege facts to state a civil conspiracy claim against them because \u201cthere is no plausible allegation\u201d to support the existence of a conspiracy \u201cbeyond the allegation that the Seminary [and Mohler] simply supported Lyell when she revealed Sills's sexual abuse.\u201d (Doc. No. 84 at 7). While the Seminary and Mohler characterize the investigation in a manner favorable to them, the Court cannot do the same at this stage. The complaint alleges that the Seminary and Mohler urged Lyell to write a \u201cpublic relations piece\u201d at a time when the Southern Baptist Convention and Mohler were struggling with circumstances arising from other scandals. (Doc. No. 1 \u00b6\u00b6 37, 38). The complaint further alleges the Seminary and Mohler saw an opportunity to improve the reputation of the Southern Baptist Convention which resulted in what became the Guidepost investigation report (Id. \u00b6 40). Further, the report, as it related to Sills, allegedly relied primarily on Mohler's statements, Mohler and the Seminary published the report, and Mohler made a statement concerning the purported abuse of *29 Lyell soon after the publication of the report. (Id. \u00b6\u00b6 51, 59, 60). Given these allegations, the Court finds the Sills have adequately alleged a claim for civil conspiracy against these defendants. 29 3. Guidepost Guidepost argues Plaintiffs' claim for civil conspiracy against it fails because the complaint fails to allege facts to show that it had the intent to cause them harm. In response, the Sills argue the complaint alleges that 2/16/25, 11:24 Sills v. S. Baptist Convention, 3:23-cv-00478 | Casetext Search + Citator 27/31 Guidepost's \u201csham investigation\u201d and the false statements in exchange for payment are sufficient to plead intent by Guidepost to participate in and common design to harm them. The allegation of a \u201csham investigation\u201d and publication of the report may support the Sills' claims for defamation and negligence, but the complaint must allege some factual basis for the conspiracy claim. Under Tennessee law, each co-conspirator \u201cmust have the intent to accomplish th[e] common purpose, and each must know of the other's intent.\u201d First Cmty. Bank, N.A. v. First Tennessee Bank, N.A., 489 S.W.3d 369, 396 (Tenn. 2015). However, it is \u201cnot essential that each conspirator have knowledge of the details of the conspiracy.\u201d Brown v. Birman Managed Care, Inc., 42 S.W.3d 62, 67 (Tenn. 2001) (citation omitted). While actionable civil conspiracy does not require uniformity of knowledge among all co-conspirators, it does require that each conspirator intend to accomplish the common purpose. Here, the Sills allege the Executive Committee hired Guidepost to conduct an investigation of the Southern Baptist Convention's \u201csexual abuse crisis\u201d in September 2021 (Doc. No. 1 \u00b6 50); the Sills also allege Guidepost, acting in concert with the Southern Baptist Convention, published an \u201cunsubstantiated\u201d allegation against Sills. (Id. \u00b6 60). What's missing, however, is any allegation that in conducting the investigation and publishing its report that Guidepost intended to defame Sills to distract from the Southern Baptist Convention's sex abuse scandal - the purported goal and purpose of the conspiracy. (Id. \u00b6 95). There are not even allegations from which a reasonable *30 inference of Guidepost's intent to defame Sills for this purpose can be drawn. Accordingly, Guidepost's motion to dismiss will be granted as to the Sills' conspiracy claim against it. 30 4. Southern Baptist Convention, Litton, and Barber The Southern Baptist Convention, Litton, and Barber argue that the conspiracy claim against them must be dismissed because it is derivative of the defamation claim. Because the Court has found that the Sills have stated defamation claims against these defendants, see supra, and the complaint alleges that they acted in concert with others to harm the Sills. Accordingly, dismissal of the Sills' civil conspiracy claim against these defendants would be inappropriate. 2/16/25, 11:24 Sills v. S. Baptist Convention, 3:23-cv-00478 | Casetext Search + Citator 28/31 5. Executive Committee, McLaurin, and Slade These defendants argue the conspiracy claim must be dismissed because the Sills have not plausibly alleged an underlying tort. Having found that the Sills' tort claims survive, the Court will not dismiss on that basis. McLaurin also argues dismissal is appropriate because the complaint does not allege that he engaged in an overt act. (Doc. No. 87 at 22). As noted by the Sills in their response, the complaint alleges McLaurin issued a statement characterizing the Baptist Press' reporting as inaccurate, meaning, the reportedly consensual affair was now not consensual, and the relationship between Lyell and Sills was deemed abusive and forced. (Doc. No. 1 \u00b6 53). Accordingly, the Court will not dismiss the Sills' civil conspiracy claim against these defendants. G. Intentional Infliction of Emotional Distress To state a claim for intentional infliction of emotional distress under Tennessee law, a plaintiff must allege that the defendant's conduct was (1) intentional or reckless, (2) so outrageous that it is not tolerated by civilized society, and (3) resulted in serious mental injury to the plaintiff. Lemon v. Williamson Cnty. Sch., 618 S.W.3d 1, 21 (Tenn. 2021). Guidepost, the Executive *31 Committee, McLaurin, and Slade argue the complaint does not allege facts showing outrageous or malicious conduct by them against Sills. (Doc. No. 78 at 24-25; Doc. No. 87 at 20). The Sills respond that, under Ogle v. Hocker, a reasonable jury could potentially find that Guidepost's conduct was \u201cextreme and outrageous\u201d by participating in a process that labeled Sills as a \u201cviolent sex abuser.\u201d The Court agrees and, construing all facts in favor of the Sills, finds that they have stated a claim for intentional infliction of emotional distress. 31 The Southern Baptist Convention, Barber, and Litton argue the intentional infliction of emotional distress claim should be dismissed because it is derivative of the defamation claim. (Doc. No. 89 at 17-18). This argument fails because the Court is not dismissing the Sills' defamation claim against these defendants. See supra. H. Negligence 2/16/25, 11:24 Sills v. S. Baptist Convention, 3:23-cv-00478 | Casetext Search + Citator 29/31 claim for negligence under Tennessee law requires: (1) a duty of care owed by defendant to plaintiff; (2) conduct below the applicable standard of care that amounts to a breach of that duty; (3) an injury or loss; (4) cause in fact; and (5) proximate, or legal, cause. Cotten v. Wilson, 576 S.W.3d 626, 637 (Tenn. 2019). Guidepost, the Southern Baptist Convention, Barber, Litton, the Executive Committee, McLaurin, and Slade argue this claim must be dismissed because the complaint fails to allege they owed a duty of care to the Sills. (Doc. No. 78 at 23; Doc. No. 87 at 20-21; Doc. No. 89 at 17). The Sills argue Tennessee courts balance \u201cthe foreseeability and gravity of the potential harm against the feasibility and availability of alternatives that would have prevented the harm.\u201d (Doc. No. 104 at 33 (citing In re Church Emp. Ret. Fund Litig., 2023 2562784, at *32 (W.D. Tenn. Mar. 17, 2023)). The Sills also argue that when determining a duty to a third party, Tennessee law requires a balancing of several factors. (Id. (citing Biscan v. Brown, 160 S.W.3d 462, 479 (Tenn. 2005)). The gravamen of the Sills' negligence claim is that *32 these defendants owed them a duty of care and breached that duty in the manner in which the investigation and report were performed and published, respectively. At this stage, drawing all reasonable inferences in favor of the Sills, the Court finds the complaints states a claim for negligence against these defendants. 32 I. Mrs. Sills' Claims The Seminary, Mohler, the Executive Committee, McLaurin, and Slade generally challenge the claims asserted by Mrs. Sills on the grounds that the complaint is void of any allegations that they defamed, conspired against, were negligent towards, or intentionally inflicted emotional distress against her. The Sills point to the Seminary and Mohler's allegedly wrongful acts against the Sills and argue these defendants perpetuated Lyell's assertion that Mrs. Sills enabled the affair. While the complaint is admittedly thin on factual allegations concerning Mrs. Sills, when taking the allegations as true and giving her all reasonable inferences, Mrs. Sills has stated a claim For the foregoing reasons Geiger and SPI's motions (Doc. No. 91, 77) will be granted for lack of personal jurisdiction, Lifeway's motion (Doc. No. 73) will 2/16/25, 11:24 Sills v. S. Baptist Convention, 3:23-cv-00478 | Casetext Search + Citator 30/31 be granted for failure to state claim, Guidepost's motion (Doc. No. 77) will be granted only as to the conspiracy claim; Lyell's motion (Doc. No. 75) will be granted only as to the defamation claim against her for statements about Mrs. Sills. The remaining defendants' motions (Doc. No. 83, 88, 86) will be denied. An appropriate Order shall enter. 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. 2/16/25, 11:24 Sills v. S. Baptist Convention, 3:23-cv-00478 | Casetext Search + Citator 31/31", "8211_109.pdf": "Former Southern Seminary Prof Sues Leaders for Labeling Him an Abuser David Sills admitted to misconduct but claims he has been \u201cfalsely attacked\u201d by Southern Baptists and their investigative firm 29, 2022 Adelle M. Banks / Religion News Service Southern Baptist Theological Seminary in Louisville, Kentucky Southern Baptist Theological Seminary in Louisville, Kentucky 2/16/25, 11:24 Former Southern Seminary Prof Sues Leaders for Labeling Him an Abuser - Christianity Today 1/11 Sign up for The Daily Briefing former seminary professor and missionary who admitted sexual misconduct has sued a group of Southern Baptist Convention leaders and entities, claiming they conspired with an abuse survivor to ruin his reputation. In a complaint filed November 21 in the Circuit Court of Mobile, Alabama, David Sills, a former professor of missions and cultural anthropology at Southern Baptist Theological Seminary, admits he lost his job in 2018 due to what he called \u201cmorally inappropriate consensual intimate\u201d conduct with a student. Sills claims the situation was consensual and alleges that leaders, including Southern\u2019s president, Albert Mohler, turned his confession against him, labeling him as an abuser. Get the most recent headlines and stories from Christianity Today delivered to your inbox daily. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. They did so, according to the complaint, as a public relations stunt, aimed at improving the SBC\u2019s reputation during a national sexual abuse scandal. That public relations effort, according to the suit, included an investigation by Guidepost Solutions into leaders\u2019 handling of alleged abuse cases, which was made public earlier this year. \u201cDavid Sills was repentant and obedient to the rules of the SBC,\u201d the complaint alleges. \u201cDefendants saw him as an easy target; a bona fide 2/16/25, 11:24 Former Southern Seminary Prof Sues Leaders for Labeling Him an Abuser - Christianity Today 2/11 scapegoat.\u201d The complaint names Southern seminary and Mohler, as well as the SBC\u2019s Executive Committee President Bart Barber, and his predecessor Ed Litton as defendants, along with several other leaders. Also named as a defendant is Lifeway Christian Resources, a research and publishing arm of the SBC, and Guidepost Solutions. It also names Jennifer Lyell, a former seminarian and vice president for Lifeway, who has repeatedly alleged that Sills was abusive, an allegation Mohler has also made on social media and in an interview for a documentary about the denomination\u2019s response to its sexual abuse crisis. Guidepost \u201cperpetuated a false narrative in a Report, in exchange for payment and in concert with Defendants,\u201d all of which ruined Sill\u2019s reputation and labeled him as an abuser, according to the complaint. Guidepost declined to comment, as did Lyell. The Executive Committee and several other leaders did not immediately respond to requests for comment. \u201cLifeway was made aware of the lawsuit last week. Our legal team is in the process of reviewing the complaint and we do not have any further comment at this time,\u201d said Carol Pipes, director of corporate communications. Mohler also released a statement defending its handling of allegations against Sills. 2/16/25, 11:24 Former Southern Seminary Prof Sues Leaders for Labeling Him an Abuser - Christianity Today 3/11 \u201cThe Southern Baptist Theological Seminary has followed best practices in this matter and has nothing to hide,\u201d he said. \u201cWe will make this truth clear in any forum necessary and we will do so vigorously.\u201d In an email, Lyell said has told the truth and will continue to do so do not need to be under oath to tell the truth\u2014and there are no lies that will shake my certainty about what is true,\u201d she said. \u201cThis is why the most egregious, cruel lies do not leave me without hope when those asserting them are reckless enough to do so in a form that not only allows my witness but provides a clear means by which it will be formally provided.\u201d Sills\u2019 lawsuit reinterprets a widespread understanding that, rather than bolster the SBC\u2019s credibility in preventing sexual abuse, the denomination\u2019s treatment of Lyell has been a public relations disaster. The case has long been used by critics to show the SBC\u2019s tendency to mishandle such allegations. Lyell first came forward with allegations of abuse against Sills in 2018, reporting them to her then-supervisor Geiger and to Mohler and other seminary leaders. Mohler told Carolyn McCulley, the director and writer of the documentary Out of Darkness, that Lyell from the start had alleged Sills had been sexually abusive. This past summer, Mohler issued a statement, saying that the abuse allegations had been investigated and confirmed. \u201cStatements made by Sills in the course of our confrontation clearly confirmed the allegations of abuse,\u201d he wrote in a statement posted on Twitter. 2/16/25, 11:24 Former Southern Seminary Prof Sues Leaders for Labeling Him an Abuser - Christianity Today 4/11 Sills resigned in 2018 after being confronted with the allegations, but the reason for his resignation was not initially made public. Sills, considered Baptist Press / Religion News Service David Sills 2/16/25, 11:24 Former Southern Seminary Prof Sues Leaders for Labeling Him an Abuser - Christianity Today 5/11 an expert at training pastors in the developing world, also lost his job as president of a missionary group called Reaching and Teaching, and was disciplined by his Louisville, Kentucky, church. When he was hired by a different mission group, Lyell informed Baptist Press, an publication, that he had been abusive and offered to write a first-person account of the abuse. Instead, Baptist Press wrote its own article about her experience. At the last minute, the story was changed to say Lyell had had an \u201cinappropriate relationship\u201d with Sills. Though Lyell asked that the article be changed, Baptist Press officials and leaders at the Executive Committee initially refused. Lyell eventually resigned from Lifeway, citing backlash from the article and harassment. Baptist Press eventually retracted the article. The Executive Committee apologized repeatedly to Lyell and reached a settlement with her. The subsequent criticism from abuse advocates eventually led to calls for an independent investigation into how leaders had treated abuse survivors. Leaders at the Executive Committee tried to head off the investigation and, when they could not do that, tried to derail it. Those attempts failed. The resulting Guidepost investigation and report found that leaders had mistreated abuse survivors for years and downplayed abuse in the nation\u2019s largest Protestant denomination. \u201cIn service of this goal, survivors and others who reported abuse were ignored, disbelieved, or met with the constant refrain that the could 2/16/25, 11:24 Former Southern Seminary Prof Sues Leaders for Labeling Him an Abuser - Christianity Today 6/11 take no action due to its polity regarding church autonomy\u2014even if it meant that convicted molesters continued in ministry with no notice or warning to their current church or congregation,\u201d investigators wrote. Attorneys for Sills claim that Guidepost never contacted their client, who is mentioned repeatedly in the Guidepost report. They also claim that allegations by Lyell, Mohler and others were part of a campaign to \u201cfalsely attack the honesty and the character of David Sills and Mary Sills, casting them as violent criminals.\u201d The complaint also alleges that Lyell wrote to Religion News Service, asking to review an article being written about the abuse crisis, saying she \u201cintended to advance her false narrative by taking a hand in the actual writing of an article by RNS.\u201d However, attorneys misidentified an email from Lyell, which was sent to a pair of ministers, not to RNS. Mississippi lawyer Don Barrett, one of the attorneys representing David Sills and his wife, Mary Sills, said that part of the complaint was in error. Sills declined to speak to RNS. Barrett declined to discuss the specifics of the lawsuit. However, he said that false allegations of abuse are harmful to efforts to protect women. \u201cThe truth will come out in this litigation,\u201d he said. 2/16/25, 11:24 Former Southern Seminary Prof Sues Leaders for Labeling Him an Abuser - Christianity Today 7/11 Southern Baptists Refused to Act on Abuse, Despite Secret List of Pastors After Annual Meeting, Southern Baptists Begin the Hard Work of Abuse Reform More from Bob Smietana - Religion News Service Abuse Courts Southern Baptists Christianity Today Has Not Received Funds On false rumors and editorial integrity Funeral Rose on Valentine\u2019s Day The greatest love stories are often marked by sacrifice and suffering. My father\u2019s life was no different \u2018The 21\u2019 Commemorates Coptic Martyrs on 10th Anniversary 2/16/25, 11:24 Former Southern Seminary Prof Sues Leaders for Labeling Him an Abuser - Christianity Today 8/11 The film will premiere online February 15. Don\u2019t Write Your Own Marriage Vows Custom wedding vows are popular. But Christian marriage is about more than personal identity, ephemeral affection, and jokes about chores. My Neighbors Aren\u2019t Ninevites The Book of Jonah offers a clarion call for peacemaking between believers from Hong Kong and China The Price You Pay The Bulletin talks peace in Ukraine, tariffs abroad, and COVID-19 learning losses here at home Church of England Stalls Proposal to Overhaul Safeguarding System The General Synod voted to transfer national staff overseeing abuse response to an external body but not parish and diocese officials 2/16/25, 11:24 Former Southern Seminary Prof Sues Leaders for Labeling Him an Abuser - Christianity Today 9/11 News Ideas Books Theology Church Life Culture Pastors History About Masthead Careers Donate Terms Privacy & Cookies Site Map Contact My Account Log In Advertise Media Room Translations Store Creative Studio Preaching Today The Meaning of Womanhood, in Whole and in Parts How a \u201chistory of the female body\u201d speaks to similarities and differences between the sexes. What Do Christians Owe Their Ex-Boyfriends Sometimes loving your neighbor means telling him you\u2019re not in love anymore You can help Christianity Today uplift what is good, overcome what is evil, and heal what is broken by elevating the stories and ideas of the kingdom of God 2/16/25, 11:24 Former Southern Seminary Prof Sues Leaders for Labeling Him an Abuser - Christianity Today 10/11 \u00a9 2025 Christianity Today - a 501(c)(3) nonprofit organization \u201cChristianity Today\u201d and \u201cCT\u201d are the registered trademarks of Christianity Today International. All rights reserved. Seek the Kingdom. 2/16/25, 11:24 Former Southern Seminary Prof Sues Leaders for Labeling Him an Abuser - Christianity Today 11/11"} |
7,865 | Robert Bell | University of Wisconsin – Stevens Point | [
"7865_101.pdf"
] | {"7865_101.pdf": "By By | | news@pioneerpress.com news@pioneerpress.com | Pioneer Press | Pioneer Press UPDATED: UPDATED: November 14, 2015 at 6:00 November 14, 2015 at 6:00 MADISON, Wis. \u2013 The former chairman of the biology department at MADISON, Wis. \u2013 The former chairman of the biology department at University of Wisconsin-Stevens Point was removed from his post in March University of Wisconsin-Stevens Point was removed from his post in March after having consensual sexual relationships with two students, according to after having consensual sexual relationships with two students, according to a report made public Friday. a report made public Friday. Robert Bell started one of the relationships with an undergraduate student at Robert Bell started one of the relationships with an undergraduate student at a time when he was her adviser, the report said. Their first kiss was in his a time when he was her adviser, the report said. Their first kiss was in his university office and the woman later \u201csneaked\u201d Bell into her dorm room to university office and the woman later \u201csneaked\u201d Bell into her dorm room to have sex, the report said. have sex, the report said. \u201cWe both know that what we are doing is wrong,\u201d Bell told the woman at one \u201cWe both know that what we are doing is wrong,\u201d Bell told the woman at one point, according to the investigation. point, according to the investigation. The second relationship started when a graduate student was enrolled in one The second relationship started when a graduate student was enrolled in one of his field biology courses and developed after that, the report said. of his field biology courses and developed after that, the report said. Both relationships were consensual but violated a university policy that says Both relationships were consensual but violated a university policy that says such relationships should be avoided, Mai Vang, special assistant to such relationships should be avoided, Mai Vang, special assistant to Chancellor Linda Bunnell, concluded in the Jan. 19 report marked Chancellor Linda Bunnell, concluded in the Jan. 19 report marked \u201cconfidential.\u201d \u201cconfidential Stevens Point / Biology chair Stevens Point / Biology chair removed for dating 2 students removed for dating 2 students Loading your audio article Loading your audio article 2/16/25, 11:24 Stevens Point / Biology chair removed for dating 2 students \u2013 Twin Cities 1/3 Bunnell removed Bell as department chairman because of the actions in Bunnell removed Bell as department chairman because of the actions in March but decided to keep him on as a tenured professor, telling him in a March but decided to keep him on as a tenured professor, telling him in a letter: \u201cSuch conduct is inappropriate for the Chair of a major department or letter: \u201cSuch conduct is inappropriate for the Chair of a major department or indeed any faculty member.\u201d indeed any faculty member.\u201d In an interview on Friday, Bell acknowledged both relationships could be seen In an interview on Friday, Bell acknowledged both relationships could be seen as inappropriate. as inappropriate. \u201cBoth of these things happened in 2005. They were both brief. They were \u201cBoth of these things happened in 2005. They were both brief. They were consensual and they were not in any way problematic or in any way coercive,\u201d consensual and they were not in any way problematic or in any way coercive,\u201d he said regret the decision because of the problems they caused.\u201d he said regret the decision because of the problems they caused.\u201d Bell gave his side of the story in a phone interview from his attorney\u2019s office Bell gave his side of the story in a phone interview from his attorney\u2019s office and released the university\u2019s investigation. He had sued the university to and released the university\u2019s investigation. He had sued the university to block the release of the records but reversed course after a Dane County block the release of the records but reversed course after a Dane County judge last month ordered them made public under the open records law. judge last month ordered them made public under the open records law. He said he had one of the students as an undergraduate in his class a year He said he had one of the students as an undergraduate in his class a year before the relationship began. The other was briefly enrolled in graduate before the relationship began. The other was briefly enrolled in graduate school, but the relationship started after she was planning to transfer school, but the relationship started after she was planning to transfer schools, he said. schools, he said. Bell said his behavior came to light last year after the undergraduate student, Bell said his behavior came to light last year after the undergraduate student, who graduated in May, learned about his relationship with the other woman who graduated in May, learned about his relationship with the other woman and complained to other biology professors. and complained to other biology professors. Three professors demanded a university investigation, accusing Bell of Three professors demanded a university investigation, accusing Bell of engaging in \u201cserial sexual relationships with students,\u201d giving students engaging in \u201cserial sexual relationships with students,\u201d giving students inflated grades to keep them happy after they learned about one of the inflated grades to keep them happy after they learned about one of the relationships and allowing widespread sexual harassment in the department. relationships and allowing widespread sexual harassment in the department. They asked that he be removed as chairman. They asked that he be removed as chairman. Vang\u2019s investigation said Bell\u2019s behavior was a pattern in the past two years Vang\u2019s investigation said Bell\u2019s behavior was a pattern in the past two years but found no other evidence of inappropriate relationships before 2005 and but found no other evidence of inappropriate relationships before 2005 and cleared him of the allegation of grade doctoring. cleared him of the allegation of grade doctoring. The heavily redacted report concluded some faculty members believed he The heavily redacted report concluded some faculty members believed he allowed a climate \u201cpermissive of sexual or consensual relationships between allowed a climate \u201cpermissive of sexual or consensual relationships between students and faculty\u201d and recommended that he be forced to resign. students and faculty\u201d and recommended that he be forced to resign. The university of 8,700 students is about 200 miles east of St. Paul. The university of 8,700 students is about 200 miles east of St. Paul. 2/16/25, 11:24 Stevens Point / Biology chair removed for dating 2 students \u2013 Twin Cities 2/3 2007 2007 \ue907 \ue907June June \ue907 \ue90715 15 Originally Published: Originally Published: June 15, 2007 at 11:01 June 15, 2007 at 11:01 Bell had been chairman of biology, one of the largest departments on Bell had been chairman of biology, one of the largest departments on campus, since 1998 and at the university since 1993. His expertise includes campus, since 1998 and at the university since 1993. His expertise includes the study of algae, and he teaches introduction to plant biology and other the study of algae, and he teaches introduction to plant biology and other courses. courses. His lawyer, Gary Dreier, has previously threatened to sue the university for His lawyer, Gary Dreier, has previously threatened to sue the university for denying him a hearing to try to clear his name before his demotion. He denying him a hearing to try to clear his name before his demotion. He declined to comment Friday on whether he would pursue that claim. declined to comment Friday on whether he would pursue that claim. \u201cI\u2019m actually quite happy not being chair any longer,\u201d Bell said just want the \u201cI\u2019m actually quite happy not being chair any longer,\u201d Bell said just want the truth to be out there and to move on instead of having to sit and watch truth to be out there and to move on instead of having to sit and watch innuendo and untrue allegations be bandied about in the press.\u201d innuendo and untrue allegations be bandied about in the press.\u201d 2/16/25, 11:24 Stevens Point / Biology chair removed for dating 2 students \u2013 Twin Cities 3/3"} |
7,287 | Ismail Abdalla | College of William and Mary | [
"7287_101.pdf",
"7287_102.pdf"
] | {"7287_101.pdf": "By By | | dailypress@dailypress.com dailypress@dailypress.com UPDATED: UPDATED: August 13, 2019 at 12:55 August 13, 2019 at 12:55 The College of William and Mary\u2019s bid to bring a professor into a sexual The College of William and Mary\u2019s bid to bring a professor into a sexual harassment lawsuit is designed to torment the student who filed the suit, harassment lawsuit is designed to torment the student who filed the suit, according to her lawyer. according to her lawyer. Attorney Eileen Wagner has asked a federal court to dismiss the college\u2019s Attorney Eileen Wagner has asked a federal court to dismiss the college\u2019s claim that history professor Ismail Abdalla is \u201dliable to the college for all or claim that history professor Ismail Abdalla is \u201dliable to the college for all or part\u201d of the woman\u2019s charges. part\u201d of the woman\u2019s charges. \u201dThis court must not allow defendant to escape its absolute liability to the \u201dThis court must not allow defendant to escape its absolute liability to the plaintiff by deflecting attention upon the third party or by wearing down the plaintiff by deflecting attention upon the third party or by wearing down the plaintiff\u2019s financial resources by filing court papers grounded neither in law or plaintiff\u2019s financial resources by filing court papers grounded neither in law or fact and designed to harass her with delay and needless expense,\u201d Wagner fact and designed to harass her with delay and needless expense,\u201d Wagner wrote in papers filed Friday. wrote in papers filed Friday. The plaintiff is Karen Veselits, a doctoral student in American studies who The plaintiff is Karen Veselits, a doctoral student in American studies who claims William and Mary mishandled a sexual harassment complaint she filed claims William and Mary mishandled a sexual harassment complaint she filed in November 1993. Veselits filed a $2 million suit against the college in U.S. in November 1993. Veselits filed a $2 million suit against the college in U.S. District Court in Newport News in March. District Court in Newport News in March. The suit did not name Abdalla, nor was he a defendant. The college\u2019s request The suit did not name Abdalla, nor was he a defendant. The college\u2019s request that Abdalla be made a party to the suit was originally filed under seal but that Abdalla be made a party to the suit was originally filed under seal but was ordered unsealed by Judge Robert Doumar on April 26. was ordered unsealed by Judge Robert Doumar on April 26 2/16/25, 11:25 \u2013 Daily Press 1/2 1995 1995 \ue907 \ue907May May \ue907 \ue90799 Originally Published: Originally Published: May 9, 1995 at 12:00 May 9, 1995 at 12:00 It is ironic that the college wants to see Abdalla held accountable now, It is ironic that the college wants to see Abdalla held accountable now, Wagner says, given that the college\u2019s failure to follow through on its own Wagner says, given that the college\u2019s failure to follow through on its own internal investigation led to the suit in the first place. internal investigation led to the suit in the first place. \u201dThis court should insist that the defendant exhaust its own internal \u201dThis court should insist that the defendant exhaust its own internal administrative remedies before bringing its complaints against the third party administrative remedies before bringing its complaints against the third party to this forum,\u201d she wrote. to this forum,\u201d she wrote. In her suit, Veselits, 45, said a professor harassed her sexually in a In her suit, Veselits, 45, said a professor harassed her sexually in a \u201dcontinuous pattern\u201d from February through August 1993. She says she was \u201dcontinuous pattern\u201d from February through August 1993. She says she was told this winter that the college still had not reached a final decision on her told this winter that the college still had not reached a final decision on her sexual harassment complaint. sexual harassment complaint. Veselits says the college deliberately delayed taking action against the Veselits says the college deliberately delayed taking action against the professor, even though a campus committee found evidence of \u201dquid pro quo professor, even though a campus committee found evidence of \u201dquid pro quo sexual harassment,\u201d meaning that he had used grades to retaliate against sexual harassment,\u201d meaning that he had used grades to retaliate against her. her. The college denies any wrongdoing. In their response to the suit, attorneys The college denies any wrongdoing. In their response to the suit, attorneys for the state attorney general\u2019s office said the college was following its for the state attorney general\u2019s office said the college was following its procedures for handling Veselits\u2019 complaint \u201dfairly and thoroughly.\u201d procedures for handling Veselits\u2019 complaint \u201dfairly and thoroughly.\u201d \u201dThe professor is entitled by constitutional right, and by college policy, to due \u201dThe professor is entitled by constitutional right, and by college policy, to due process to ensure a decision fair and appropriate to the circumstances,\u201d they process to ensure a decision fair and appropriate to the circumstances,\u201d they wrote. wrote. In a separate filing, the attorneys said that if Abdalla did sexually harass In a separate filing, the attorneys said that if Abdalla did sexually harass Veselits, he would be guilty of a breach of contract with the college and Veselits, he would be guilty of a breach of contract with the college and should at least share in the college\u2019s liability. should at least share in the college\u2019s liability. 2/16/25, 11:25 \u2013 Daily Press 2/2", "7287_102.pdf": "Copyright (c) 1995, Landmark Communications, Inc. DATE: Wednesday, October 18, 1995 TAG: 9510180365 PAGE: B3 LENGTH: Medium: 54 lines graduate student who sued the College of William and Mary, claiming the school mishandled her sexual harassment complaint against a professor, has agreed to a $50,000 settlement, her lawyer said Tuesday. Richmond attorney Eileen Wagner said the state attorney general's office is close to approving the settlement. The student, Karen Veselits, filed a $2 million suit against the college in U.S. District Court in Newport News in April. She alleged that history professor Ismail Abdalla made numerous advances toward her and, after she rebuked him, issued a ``punitive'' grade. She also said in the suit that the college ``took no meaningful action'' against Abdalla after a William and Mary committee found evidence of harassment. Wagner declined to say who will pay the money - the professor or the school. The school's liability had been a question in the case. William and Mary had requested that the judge require Abdalla to pay any damages. Veselits and Abdalla also have agreed to write statements to be published, perhaps as soon as this week, in the campus paper, the Flat Hat. ``They thought this would be a good way of letting everybody know it's over,'' Wagner said. ``The statements may include some suggestions about how the policy should be revised.'' Wagner said the college has already enacted Veselits' suggestion to allow students to file complaints within 120 days of an incident. Previously, the school's cutoff was 30 days. Abdalla, who still teaches at the college, could not be reached for comment Tuesday. College officials declined comment until the settlement is approved by the attorney general's office. ``The college is awaiting a thorough briefing from the attorney general's office on the status of the case,'' said Stewart Gamage, vice president for public affairs. Don Harrison, a spokesman for the attorney general's office, said, ``Settlement discussions are in the final stages . . ., but the announcement of the details was premature and incomplete.'' Of the settlement, Wagner said had set $50,000 as the goal from the very first day. Whether or not some people think that's not enough or too much, the point is: It's enough to let everyone know it's a serious matter. . ``What we were interested in was getting everybody to work together to have the best possible sexual harassment policy, to have the people in the university community put the priority on it that it deserves by 2/16/25, 11:25 1/1"} |
8,121 | Alec Klein | Northwestern University | [
"8121_101.pdf",
"8121_102.pdf",
"8121_103.pdf",
"8121_104.pdf",
"8121_105.pdf",
"8121_106.pdf",
"8121_107.pdf",
"8121_108.pdf",
"8121_109.pdf"
] | {"8121_101.pdf": "Posted: Mar 15, 2018 / 10:30 Updated: Mar 16, 2018 / 12:46 This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated \u2014 Nineteen additional women have come forward to accuse a Northwestern University professor of harassment and predatory behavior. In an open letter last month, 10 women accused journalism professor Alec Klein of misconduct including unwanted kisses, graphic sexual commentary, and belittling and retaliatory behavior. The same 10 women on Thursday released a second letter after 19 additional women \u2014 all Northwestern alumni, students and staff \u2014 reached out with their own harassment stories. 12 19 more women accuse Northwestern professor of sexual misconduct 2/16/25, 11:25 19 more women accuse Northwestern professor of sexual misconduct 1/10 One woman said she skipped her graduation ceremony so as not to see Klein. Another claimed Klein told her she wasn\u2019t attractive enough for a broadcast journalism career. Klein previously denied all allegations. He announced a leave of absence last month. On Thursday, his attorney, Andrew Miltenberg, slammed the latest round of accusations, noting that Klein \u201chas never been the subject of any allegations of mistreatment or misconduct during a career that has spanned some 30 years.\u201d Miltenberg called the #metoo movement \u201cundoubtedly important\u201d but said it has allowed people to become \u201cjudge, jury and executioner.\u201d He continued: \u201cShame on these individuals for publicly trying to destroy Prof. Klein\u2019s life and that of his family, and denying him the due process that is a fundamental principle of this country university spokesperson said an investigation is ongoing. Read the latest letter below: Medill #MeToo Letter: March 15, 2018 by Web Desk on Scribd [protected-iframe id=\u201dcff559ad3eff45b7bdaa78255f598aa0-41641997-135740107\u2033 info=\u201d start_page=1&view_mode=scroll&access_key=key- WVaaQiCBdZvFDC9JzKlS&show_recommendations=true\u201d width=\u201d100%\u201d height=\u201d600\u2033 frameborder=\u201d0\u2033 class=\u201dscribd_iframe_embed\u201d scrolling=\u201dno\u201d] Copyright 2025 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed > Next > Cancel \u2715 Next story in > Cancel Next story in 2/16/25, 11:25 19 more women accuse Northwestern professor of sexual misconduct 2/10 News Daily Update Enter Your Email Finally, a cordless vacuum that really works on pet / 2 Days Ago From its strong suction power, to its signature sleek design, to its cutting-edge use of technology, the Dyson Gen5outsize Absolute is worth the money > Next > Next story in > Next story in 2/16/25, 11:25 19 more women accuse Northwestern professor of sexual misconduct 3/10 Wayfair\u2019s spring cleaning storefront is filled with / 2 Days Ago If you\u2019re spring cleaning, you might want to check out Wayfair, where you\u2019ll find tons of discounted cleaning and organizing essentials. 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National 5 hours ago \u2022 Chicago Botanic Garden showcases orchids, Indian \u2026 Features 6 hours ago \u2022 1 dead, multiple injured in Woodstock crash Northwest Suburbs 52 mins ago 1 ran here in my wedding dress\u2019: Home lost in explosion > Next > Next story in > Next story in 2/16/25, 11:25 19 more women accuse Northwestern professor of sexual misconduct 8/10 Chicago's Very Own source for breaking news, weather, sports and entertainment Report Online Public File Public Inspection File Help Applications Get News App Get Weather App Stay Connected 2 1 dead, multiple injured in Woodstock crash 3 Chicago tops cities with highest inflation, data \u2026 4 2 dogs electrocuted while walking on Near North Side 5 officer killed in car crash on the way to work 6 Forecast: Chicagoland in a deep freeze this week 7 2 arrested for Indiana carjacking > Next > Next story in > Next story in 2/16/25, 11:25 19 more women accuse Northwestern professor of sexual misconduct 9/10 Privacy Policy 11/18/2024 Terms Of Use 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 2/16/25, 11:25 19 more women accuse Northwestern professor of sexual misconduct 10/10", "8121_102.pdf": "professor at Northwestern\u2019s Medill School of Journalism, Alec Klein, is taking a leave of absence after eight former students and two former employees issued a public letter accusing him of sexual harassment, abusive behavior, and bullying. The letter outlines twelve instances of sexual misconduct by Klein including allegedly making sexually graphic remarks, attempting to kiss a prospective employee before hiring her, asking a female employee to come to his hotel room for a drink, and giving unwanted neck massages at work. In addition, the letter also describes Klein as being verbally abusive, repeatedly accusing students of insubordination and reprimanding them \u201cto the point of tears\u201d over minor offenses. According to the letter, Klein talked about his sex life and pressed for intimate details about others, and claimed women are \u201ctoo emotional\u201d and \u201cimmature.\u201d News and Insights News and Insights News and Insights News and Insights News and Insights News and Insights News and Insights News and Insights News and Insights Northwestern University Professor Requests Leave of Absence After Ten Women Sign Open Letter Accusing Him of Sexual Harassment, Abusive Behavior, and Bullying February 28, 2018 \uf002 \uf0c9 2/16/25, 11:25 Northwestern University Professor Requests Leave of Absence After Ten Women Sign Open Letter Accusing Him of Sexual Haras\u2026 1/5 The letter was addressed to Northwestern Dean Bradley Hamm and states: \"This is Medill\u2019s #MeToo movement. We are writing to tell you that Alec Klein\u2019s time is up. His harassing behavior. His predatory behavior. His controlling, discriminatory, emotionally and verbally abusive behavior has to end.\u201d Klein has been employed by Northwestern since 2008 and was named head of the Medill Justice Project in 2011. He responded to the public letter in a statement denying all allegations and stating that he intends to take legal action. \"Many of the allegations involved a disgruntled former employee who had been on a corrective-action plan for poor work performance several years ago,\" he wrote. \"The university conducted an extensive investigation, interviewing current and former employees, former students and others, and reviewing emails, expenses, and other records. The complaint was determined to be completely unfounded was cleared of any wrongdoing and the claim was dismissed.\" Klein further said that \"[i]n their anonymous evaluations, my students have overwhelmingly said the class was among the best they have ever taken, and they have specifically noted how much care for them.\" \u201cThe University takes seriously all complaints that are brought to its attention,\u201d Northwestern said in a statement. \u201cMany of the allegations were contained in a complaint brought several years ago by a former employee. At that time, the University conducted a thorough investigation and the complaint was not substantiated. Northwestern will now review the allegations received today.\u201d But the women behind the letter are criticizing the school for allegedly failing to appropriately respond to their claims. \"Despite numerous allegations, investigations, and complaints \u2014 and at least one settlement \u2014 Alec Klein is still teaching. He still has tenure. He is still leading the Medill Justice Project, a crown jewel of the institution. Many of us have spoken to Title officers. We\u2019ve spoken to other university officials and still, nothing happens.\" They continued, \u201c[h]e is a liability and a predator among your faculty. Yet his actions have gone unchecked for years, further traumatizing more and more women. Medill has not only let us down \u2014 but it has also failed to protect us.\u201d Students have come forward to describe a \u201cwhisper network\u201d that prompted them 2/16/25, 11:25 Northwestern University Professor Requests Leave of Absence After Ten Women Sign Open Letter Accusing Him of Sexual Haras\u2026 2/5 to avoid working with Klein. They claim that Klein's actions are an \"open secret at Northwestern University to the point that many students have boycotted his class.\" In the letter's closing statement the authors asked for the University to take action regarding the allegations. \"We are not seeking to merely reprimand Alec Klein,\" the letter reads. \"We are demanding accountability for his dangerous behavior. He is a liability and a predator among your faculty. Yet his actions have gone unchecked for years, further traumatizing more and more women. Medill has not only let us down \u2014 but it has also failed to protect us.\" This latest situation at Northwestern comes at a time when many colleges and universities have been accused of mishandling complaints of sexual misconduct. In the wake of the current increase in lawsuits brought by both complainants and accused individuals, institutions are advised to review their sexual misconduct policies and update them if necessary to ensure compliance. We encourage institutions to provide regular training to students, educators and all members of the school community on how to properly recognize, prevent and respond to allegations of sexual misconduct. Employees that are involved in implementing an institution\u2019s grievance procedures must have training on how to conduct a prompt, thorough and equitable investigation. If you have any questions or concerns regarding education or employment related issues, please contact Hayley B. Dryer at HDryer@cullenanddykman.com or at 516-357- 3745. Thank you to Victoria Jaus, a law clerk with Cullen and Dykman, for her assistance with this post. \uf1e0 2/16/25, 11:25 Northwestern University Professor Requests Leave of Absence After Ten Women Sign Open Letter Accusing Him of Sexual Haras\u2026 3/5 Categories Sign Up for Alerts First Name Last name Email Search \uf002 \uf0daBlog \uf0daDiversity, Equity and Inclusion \uf0daLegal Alerts \uf0daNews and Speaking Engagements Select One \uf0dc 2/16/25, 11:25 Northwestern University Professor Requests Leave of Absence After Ten Women Sign Open Letter Accusing Him of Sexual Haras\u2026 4/5 212.732.2000 516.357.3700 518.788.9440 973.849.0220 201.488.1300 609.279.0900 WASHINGTON, D.C. 202.223.8890 \u00a9 2025 2/16/25, 11:25 Northwestern University Professor Requests Leave of Absence After Ten Women Sign Open Letter Accusing Him of Sexual Haras\u2026 5/5", "8121_103.pdf": "Northwestern Now Trending Topics: Expert Viewpoint (//topics/expert-viewpoint/) Global (//topics/global/) University statement February 8, 2018 University News (//topics/university-news/) - Following are statements by Alan K. Cubbage, Northwestern University Vice President for University Relations Feb. 8, 2018 In the past two days, Northwestern University has received allegations of inappropriate conduct by Alec Klein, a professor in the Medill School of Journalism, Media, Integrated Marketing Communications. The University takes seriously all complaints that are brought to its attention and is investigating those allegations promptly and thoroughly. Professor Klein has requested a leave of absence from all of his positions at Northwestern until the University completes its investigation, and the University has agreed that is the appropriate action. We encourage anyone who has been the victim of alleged harassment or misconduct at the University to contact the Office of Equity at 847-467-6165 or TitleIXcoordinator@northwestern.edu (/mailto:TitleIXcoordinator@northwestern.edu) . -- Feb. 7, 2018 Northwestern University today received a message from former students and two former employees containing allegations of inappropriate conduct by Alec Klein, a professor in the Medill School of Journalism, Media, Integrated Marketing Communications. The University takes seriously all complaints that are brought to its attention. Many of the allegations were contained in a complaint brought several years ago by a former employee. At that time, the University conducted a thorough investigation and the complaint was not substantiated. Northwestern will now review the allegations received today. We encourage anyone who has been the victim of alleged harassment or misconduct at the University to contact the Office of Equity. That office, rather than any of the individual schools, handles all complaints regarding alleged sexual misconduct at Northwestern. Complaints are not investigated by individual schools. Editor\u2019s Picks (//stories/2025/01/redefining-obesity-with-new-global-guidelines/) 2/16/25, 11:26 Family Voices and Stories Speed Coma Recovery - Northwestern Now 1/3 better definition of obesity (//stories/2025/01/redefining-obesity-with-new- global-guidelines/) January 14, 2025 Infectious disease expert Jennifer Jao to help lead clinical-trials network (//stories/2025/01/northwesterns-dr-jennifer-jao-to-co-chair-pre-eminent-aids- clinical-trials-network/) January 13, 2025 Project kicks off to replace Allen Center on north campus (//stories/2024/11/project-kicks-off-to-replace-allen-center-on-north-campus/) December 2, 2024 Related Stories (/ play-tl-0718-20190716-m3cklsqj2za47kdw7r4rfzzhai-story.html) The childhood of Hans Christian Andersen explored in musical at Northwestern University (/ evr-hans-christian-anderson-play-tl-0718-20190716-m3cklsqj2za47kdw7r4rfzzhai- story.html) July 16, 2019 from Chicago Tribune Northwestern Academy Supports Evanston Students (/ supports-evanston-students.html) April 29, 2019 2/16/25, 11:26 Family Voices and Stories Speed Coma Recovery - Northwestern Now 2/3 from Trethewey named to the Academy of American Poets (//stories/2019/01/trethewey-named-to-the-academy-of-american-poets/) January 15, 2019 Never miss a story: Get the latest stories from Northwestern Now sent directly to your inbox. Subscribe (//subscribe) Back to Top (/#top-bar) Northwestern University (/ Subscribe Get the latest news delivered to your inbox. Sign Up Now (//subscribe) \u00a9 2025 Northwestern University Facebook (/ Twitter (/ Instagram (/ YouTube (/ TikTok (/ LinkedIn (/ (/ Disclaimer (/ 2/16/25, 11:26 Family Voices and Stories Speed Coma Recovery - Northwestern Now 3/3", "8121_104.pdf": "Subscribe \uf002 Donate Featured Stories Campus City Opinion Sports Multimedia Games Print About \uf164 \uf39e \ue61b \uf0e0 \uf02f Former Medill Prof. Alec Klein to release book after resignation, allegations of \u2018predatory\u2019 behavior Daily file photo by Meghan White Former Medill Prof. Alec Klein at an event in 2012. Klein is releasing a book next January titled \u201cAftermath: When It Felt Like Life Was Over But It Wasn\u2019t.\u201d James Pollard, Assistant Campus Editor September 8, 2019 Alec Klein, the former director of the Medill Justice Project who resigned last year amidst allegations of sexual misconduct, will release a book about the \u201chope and ultimate redemption\u201d he found after his life was \u201crazed\u201d by a \u201c\u2018guilty until proven innocent\u2019 culture.\u201d In February 2018, 10 former students and employees sent an open letter to administrators, accusing Klein of \u201ccontrolling, discriminatory, emotionally and verbally abusive behavior.\u201d Over the next month, 19 more women came forward with similar allegations. And after a University probe into his behavior ended last June, Klein resigned last August. Hi b k titl d \u201cAft th Wh It lt Lik Lif 1 7302 Views 2 5066 Views 3 4840 Views Advertisement Latest Stories Trending Stories U.S. Senate identifies $15 million worth of grants to \u2018promoting DEI\u2019 Jerry Wu, Senior Staffer \u2022 February 14, 2025 freshman Sarah Bock dazzles in Season 2 of Apple TV\u2019s \u2018Severance\u2019 Eli Kronenberg, Assistant Sports Editor \u2022 February 3, 2025 University leadership announces 10% non-personnel spending reduction, other immediate measures in response to political and financial uncertainty Leah Schroeder, Campus Editor \u2022 February 12, 2025 Two Wildcats near program record with efforts at David Hemery Valentine Invitational February 16, 2025 Evanston runners chase miles and community on early-dawn lakefront runs February 16, 2025 Q&A: D65 candidate Maria Opdycke talks financial transparency goals February 16, 2025 \uf164 \uf39e \ue61b \uf0e0 \uf02f His book, titled \u201cAftermath: When It Felt Like Life Was Over But It Wasn\u2019t,\u201d will be published by Fidelis Books and set to be released in January. Klein has denied the allegations outlined in the letter, pointing to his positive reviews, and continues to do so in the 208-page book. \u201cWhen a well-respected professor at a top university is falsely accused of being abusive to students, how will he pick up the pieces and rebuild his life?\u201d the book description says. Fidelis Books and Klein did not immediately respond to requests for comment. In March 2018, however, Klein\u2019s lawyer described the allegations as \u201cwholesale butchery of the life of Prof. Alec Klein.\u201d After alumna Natalie Escobar (Medill \u201818) shared the news on Twitter, other alumni and members of the media expressed their opinions. Escobar wrote that \u201cmen don\u2019t get cancelled, they get book deals.\u201d Others pointed out grammar and spelling errors in the description am obviously aghast at this for many reasons but since when was aneurysm spelled \u2018aneurism\u2019\u201d Morgan Kinney (Medill \u201816) wrote. Klein joined Medill\u2019s faculty in 2008 after working as an investigative reporter for the Washington Post and teaching journalism at Georgetown and American University. After former director David Protess resigned in 2011, Klein took over the investigative project at Northwestern. Klein told The Daily in 2011 that he wanted to restore trust in the class and project, calling the Medill Justice Project a \u201ccrown jewel for Northwestern.\u201d But the 2018 letter described an environment devoid of trust. Among other allegations, the signees accused Klein of attempting to kiss a prospective employee, making sexually graphic remarks at work, pressing for explicit details about others\u2019 sex lives and making unwanted physical contact. \u201cWe have seen many men of great talent \u2014even some of our journalism heroes \u2014 fail,\u201d the authors of the 2018 letter Email Newsletter Sign up to receive our email newsletter in your inbox. Enter your email address Sign up Advertisement Advertisement \uf164 \uf39e \ue61b \uf0e0 \uf02f The Daily Northwestern \u2022 \u00a9 2025 The Daily Northwestern Pro WordPress Theme by \u2022 Log in j , wrote. \u201cBut know this: Alec Klein is no hero. And journalism, especially the emerging journalists who come to Medill to learn in a safe space, will be better served without him.\u201d University spokesman Bob Rowley said the University is \u201ccommitted to fostering an environment in which all members of our community are safe, secure and free from sexual misconduct of any form\u201d in an email statement. \u201cNorthwestern is aware of the pending book release by Alec Klein. The University investigated the allegations against him thoroughly, following established procedures designed to ensure fairness to all parties,\u201d Rowley said. \u201cThe decisions of some Northwestern students to come forward with their complaints undoubtedly were not easy ones, and we commend them for having had the courage to do so.\u201d This story was updated at 6:10 p.m. on Sept. 9 with comment from University spokesman Bob Rowley. Email: jamespollard2022@u.northwestern.edu Twitter: @pamesjollard #MeToo Aftermath: When It Felt Like Life Was Over But It Wasn\u2019t Alec Klein Medill Justice Project Medill School of Journalism About Contact Editorial Board Former Daily Editors Awards Students Publishing Ads Advertise Classifieds More Donate Today\u2019s Paper Print Archives Connect Comment policy Location: 1999 Campus Drive, Evanston, IL, 60201 \uf39e \uf16d \ue61b\uf1be\uf167 \uf164 \uf39e \ue61b \uf0e0 \uf02f \uf164 \uf39e \ue61b \uf0e0 \uf02f", "8121_105.pdf": "( Alec Klein is one of 262 celebrities, politicians, CEOs, and others who have been accused of sexual misconduct since April 2017 DOM\u00cdNGUEZ C\u00c1RDENAS D\u00cdAZ 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 1/78 Updated: Jan. 9, 2019 Update July 16, 2021: This list was created in 2017 as a way to represent the scope of the Me Too movement. Though the list, compiled from news reports, could never be exhaustive, the goal was to document the range of people across industries who were the subject of sexual misconduct reports. The list was updated periodically until February 2020; it has not been updated since then. In the intervening period, some of the people on this list have faced legal or professional consequences, while in other cases, further action was not supported or taken. While the Me Too movement continues to have an impact, this list is not an ongoing record of allegations and their outcomes; rather, it is meant as a snapshot of a particular moment in time. The list was updated periodically until February 2020, and is no longer being updated regularly. Harvey Weinstein. Mario Batali. Louis C.K. As the Me Too movement gained prominence, more than 250 powerful people \u2014 celebrities ( spacey-sexual-assault-allegations-house-of-cards), politicians ( moore-republican-party), CEOs ( sexual-misconduct-terdema-ussery-earl-k-sneed-mark-cuban), and others \u2014 were the subject of sexual harassment ( politics/2017/4/19/15361182/bill-oreilly-fox-harassment-allegations-fired), assault ( weinstein-sexual-harassment-assault-accusations), or other misconduct ( thrush-new-york-times) allegations. At the movement\u2019s height, more survivors came forward nearly every day, many of them inspired and emboldened by those who had gone before. Vox compiled a list of influential people from a variety of industries who faced new public accusations of sexual misconduct after Fox News host Bill O\u2019Reilly was forced to resign in April 2017. The list was updated periodically until January 2019, and is no longer being updated regularly. We decided to start our list with O\u2019Reilly because his departure from Fox helped set the stage for reports against Harvey Weinstein \u2014 which, in turn, helped raise awareness around the Me Too movement ( harvey-weinstein-harassment-assault) and kick off the reckoning around sexual misconduct that continues to this day, in Hollywood ( 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 2/78 harassment-hollywood-metoo), Washington ( and-politics/2018/1/30/16933376/congress-sexual-harassment-fix-bill), and around the country. Many (though not all) of the people accused have denied the allegations. Some say the reported behavior never happened, while others argue that their behavior was not intended to be sexual. Those who reported they were harassed, assaulted, or subjected to misconduct, however, have often said it affected them deeply, leaving some with lasting trauma and sometimes forcing them from their chosen careers. The Me Too movement and its impact ( movement-sexual-harassment-law-2019) are ongoing, and the list below is only a snapshot of the allegations that became public during a particular moment in time. Click to view the accused in the following fields: Arts & Entertainment 101 Media 57 Business & Tech 18 Politics 46 Other 40 Arts & Entertainment There are 101 people in this category. Select a name or scroll down to view all: Publicly reported December 2018 Frankie Shaw (/a/sexual-harassment-assault-allegations-list/frankie-shaw) Michael Weatherly (/a/sexual-harassment-assault-allegations-list/michael-weatherly) September 2018 Steven Wilder Striegel (/a/sexual-harassment-assault-allegations-list/steven-wilder-striegel) August 2018 Gerard Depardieu (/a/sexual-harassment-assault-allegations-list/gerard-depardieu) Chase Finlay (/a/sexual-harassment-assault-allegations-list/chase-finlay) Asia Argento (/a/sexual-harassment-assault-allegations-list/asia-argento) July 2018 Rick Day (/a/sexual-harassment-assault-allegations-list/rick-day) 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 3/78 June 2018 Chris Hardwick (/a/sexual-harassment-assault-allegations-list/chris-hardwick) May 2018 Morgan Freeman (/a/sexual-harassment-assault-allegations-list/morgan-freeman) Luc Besson (/a/sexual-harassment-assault-allegations-list/luc-besson) Boyd Tinsley (/a/sexual-harassment-assault-allegations-list/boyd-tinsley) Ameer Vann (/a/sexual-harassment-assault-allegations-list/ameer-vann) Junot D\u00edaz (/a/sexual-harassment-assault-allegations-list/junot-diaz) April 2018 Allison Mack (/a/sexual-harassment-assault-allegations-list/allison-mack) Nicholas Nixon (/a/sexual-harassment-assault-allegations-list/nicholas-nixon) March 2018 John Kricfalusi (/a/sexual-harassment-assault-allegations-list/john-kricfalusi) Sherman Alexie (/a/sexual-harassment-assault-allegations-list/sherman-alexie) February 2018 Jeff Franklin (/a/sexual-harassment-assault-allegations-list/jeff-franklin) Philip Berk (/a/sexual-harassment-assault-allegations-list/philip-berk) Daniel Handler (/a/sexual-harassment-assault-allegations-list/daniel-handler) Patrick Demarchelier (/a/sexual-harassment-assault-allegations-list/patrick-demarchelier) Seth Sabal (/a/sexual-harassment-assault-allegations-list/seth-sabal) Andre Passos (/a/sexual-harassment-assault-allegations-list/andre-passos) Greg Kadel (/a/sexual-harassment-assault-allegations-list/greg-kadel) David Bellemere (/a/sexual-harassment-assault-allegations-list/david-bellemere) Karl Templer (/a/sexual-harassment-assault-allegations-list/karl-templer) Vincent Cirrincione (/a/sexual-harassment-assault-allegations-list/vincent-cirrincione) Paul Marciano (/a/sexual-harassment-assault-allegations-list/paul-marciano) January 2018 Charlie Walk (/a/sexual-harassment-assault-allegations-list/charlie-walk) Scott Baio (/a/sexual-harassment-assault-allegations-list/scott-baio) David Copperfield (/a/sexual-harassment-assault-allegations-list/david-copperfield) Barry Lubin (/a/sexual-harassment-assault-allegations-list/barry-lubin) Michael Douglas (/a/sexual-harassment-assault-allegations-list/michael-douglas) Joel Kramer (/a/sexual-harassment-assault-allegations-list/joel-kramer) Bruce Weber (/a/sexual-harassment-assault-allegations-list/bruce-weber) Mario Testino (/a/sexual-harassment-assault-allegations-list/mario-testino) Aziz Ansari (/a/sexual-harassment-assault-allegations-list/aziz-ansari) James Franco (/a/sexual-harassment-assault-allegations-list/james-franco) Stan Lee (/a/sexual-harassment-assault-allegations-list/stan-lee) Ben Vereen (/a/sexual-harassment-assault-allegations-list/ben-vereen) Paul Haggis (/a/sexual-harassment-assault-allegations-list/paul-haggis) Albert Schultz (/a/sexual-harassment-assault-allegations-list/albert-schultz) Dan Harmon (/a/sexual-harassment-assault-allegations-list/dan-harmon) December 2017 Dustin Marshall (/a/sexual-harassment-assault-allegations-list/dustin-marshall) T.J. Miller (/a/sexual-harassment-assault-allegations-list/t-j-miller) Morgan Spurlock (/a/sexual-harassment-assault-allegations-list/morgan-spurlock) Jon Heely (/a/sexual-harassment-assault-allegations-list/jon-heely) Melanie Martinez (/a/sexual-harassment-assault-allegations-list/melanie-martinez) 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 4/78 Bryan Singer (/a/sexual-harassment-assault-allegations-list/bryan-singer) Peter Martins (/a/sexual-harassment-assault-allegations-list/peter-martins) James Levine (/a/sexual-harassment-assault-allegations-list/james-levine) November 2017 Israel Horovitz (/a/sexual-harassment-assault-allegations-list/israel-horovitz) Geoffrey Rush (/a/sexual-harassment-assault-allegations-list/geoffrey-rush) Jean-Claude Arnault (/a/sexual-harassment-assault-allegations-list/jean-claude-arnault) John Lasseter (/a/sexual-harassment-assault-allegations-list/john-lasseter) Murray Miller (/a/sexual-harassment-assault-allegations-list/murray-miller) Sylvester Stallone (/a/sexual-harassment-assault-allegations-list/sylvester-stallone) Ron Jeremy (/a/sexual-harassment-assault-allegations-list/ron-jeremy) Andy Henry (/a/sexual-harassment-assault-allegations-list/andy-henry) Jesse Lacey (/a/sexual-harassment-assault-allegations-list/jesse-lacey) Tom Sizemore (/a/sexual-harassment-assault-allegations-list/tom-sizemore) Mark Schwahn (/a/sexual-harassment-assault-allegations-list/mark-schwahn) Peter Aalb\u00e6k Jensen (/a/sexual-harassment-assault-allegations-list/peter-aalbaek-jensen) Eddie Berganza (/a/sexual-harassment-assault-allegations-list/eddie-berganza) Richard Dreyfuss (/a/sexual-harassment-assault-allegations-list/richard-dreyfuss) Gary Goddard (/a/sexual-harassment-assault-allegations-list/gary-goddard) Andrew Kreisberg (/a/sexual-harassment-assault-allegations-list/andrew-kreisberg) George Takei (/a/sexual-harassment-assault-allegations-list/george-takei) Steven Seagal (/a/sexual-harassment-assault-allegations-list/steven-seagal) Louis C.K. (/a/sexual-harassment-assault-allegations-list/louis-c-k) Matthew Weiner (/a/sexual-harassment-assault-allegations-list/matthew-weiner) Russell Simmons (/a/sexual-harassment-assault-allegations-list/russell-simmons) Robert Knepper (/a/sexual-harassment-assault-allegations-list/robert-knepper) Jeffrey Tambor (/a/sexual-harassment-assault-allegations-list/jeffrey-tambor) Ed Westwick (/a/sexual-harassment-assault-allegations-list/ed-westwick) Adam Venit (/a/sexual-harassment-assault-allegations-list/adam-venit) Danny Masterson (/a/sexual-harassment-assault-allegations-list/danny-masterson) Nick Carter (/a/sexual-harassment-assault-allegations-list/nick-carter) Brett Ratner (/a/sexual-harassment-assault-allegations-list/brett-ratner) Dustin Hoffman (/a/sexual-harassment-assault-allegations-list/dustin-hoffman) October 2017 Andy Dick (/a/sexual-harassment-assault-allegations-list/andy-dick) Jeremy Piven (/a/sexual-harassment-assault-allegations-list/jeremy-piven) Kevin Spacey (/a/sexual-harassment-assault-allegations-list/kevin-spacey) Kirt Webster (/a/sexual-harassment-assault-allegations-list/kirt-webster) Ken Baker (/a/sexual-harassment-assault-allegations-list/ken-baker) Ethan Kath (/a/sexual-harassment-assault-allegations-list/ethan-kath) James Toback (/a/sexual-harassment-assault-allegations-list/james-toback) David Blaine (/a/sexual-harassment-assault-allegations-list/david-blaine) Chris Savino (/a/sexual-harassment-assault-allegations-list/chris-savino) Bob Weinstein (/a/sexual-harassment-assault-allegations-list/bob-weinstein) Tyler Grasham (/a/sexual-harassment-assault-allegations-list/tyler-grasham) Lars von Trier (/a/sexual-harassment-assault-allegations-list/lars-von-trier) Roy Price (/a/sexual-harassment-assault-allegations-list/roy-price) Oliver Stone (/a/sexual-harassment-assault-allegations-list/oliver-stone) 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 5/78 Ben Affleck (/a/sexual-harassment-assault-allegations-list/ben-affleck) Nelly (/a/sexual-harassment-assault-allegations-list/nelly) Harvey Weinstein (/a/sexual-harassment-assault-allegations-list/harvey-weinstein) August 2017 Hadrian Belove (/a/sexual-harassment-assault-allegations-list/hadrian-belove) Shadie Elnashai (/a/sexual-harassment-assault-allegations-list/shadie-elnashai) Roman Polanski (/a/sexual-harassment-assault-allegations-list/roman-polanski) July 2017 Robert \"R.\" Kelly (/a/sexual-harassment-assault-allegations-list/robert-r-kelly) Media There are 57 people in this category. Select a name or scroll down to view all: Publicly reported August 2018 Les Moonves (/a/sexual-harassment-assault-allegations-list/les-moonves) July 2018 Kimberly Guilfoyle (/a/sexual-harassment-assault-allegations-list/kimberly-guilfoyle) Antonin Kratochvil (/a/sexual-harassment-assault-allegations-list/antonin-kratochvil) Christian Rodriguez (/a/sexual-harassment-assault-allegations-list/christian-rodriguez) April 2018 Tom Brokaw (/a/sexual-harassment-assault-allegations-list/tom-brokaw) March 2018 Michael Ferro (/a/sexual-harassment-assault-allegations-list/michael-ferro) February 2018 Alex Jones (/a/sexual-harassment-assault-allegations-list/alex-jones) Ryan Seacrest (/a/sexual-harassment-assault-allegations-list/ryan-seacrest) Daniel Zwerdling (/a/sexual-harassment-assault-allegations-list/daniel-zwerdling) January 2018 Patrick Witty (/a/sexual-harassment-assault-allegations-list/patrick-witty) Dayan Candappa (/a/sexual-harassment-assault-allegations-list/dayan-candappa) Robert Moore (/a/sexual-harassment-assault-allegations-list/robert-moore) Ross Levinsohn (/a/sexual-harassment-assault-allegations-list/ross-levinsohn) James Rosen (/a/sexual-harassment-assault-allegations-list/james-rosen) Kevin Braun (/a/sexual-harassment-assault-allegations-list/kevin-braun) Steve Butts (/a/sexual-harassment-assault-allegations-list/steve-butts) H. Brandt Ayers (/a/sexual-harassment-assault-allegations-list/h-brandt-ayers) December 2017 Adrian Carrasquillo (/a/sexual-harassment-assault-allegations-list/adrian-carrasquillo) Andrew Creighton (/a/sexual-harassment-assault-allegations-list/andrew-creighton) Mike Germano (/a/sexual-harassment-assault-allegations-list/mike-germano) Rhys James (/a/sexual-harassment-assault-allegations-list/rhys-james) Jason Mojica (/a/sexual-harassment-assault-allegations-list/jason-mojica) Don Hazen (/a/sexual-harassment-assault-allegations-list/don-hazen) Leonard Lopate (/a/sexual-harassment-assault-allegations-list/leonard-lopate) Jonathan Schwartz (/a/sexual-harassment-assault-allegations-list/jonathan-schwartz) Tavis Smiley (/a/sexual-harassment-assault-allegations-list/tavis-smiley) Ryan Lizza (/a/sexual-harassment-assault-allegations-list/ryan-lizza) Marshall Faulk (/a/sexual-harassment-assault-allegations-list/marshall-faulk) 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 6/78 Ike Taylor (/a/sexual-harassment-assault-allegations-list/ike-taylor) Heath Evans (/a/sexual-harassment-assault-allegations-list/heath-evans) Eric Weinberger (/a/sexual-harassment-assault-allegations-list/eric-weinberger) Donovan McNabb (/a/sexual-harassment-assault-allegations-list/donovan-mcnabb) Tom Ashbrook (/a/sexual-harassment-assault-allegations-list/tom-ashbrook) Dylan Howard (/a/sexual-harassment-assault-allegations-list/dylan-howard) Lorin Stein (/a/sexual-harassment-assault-allegations-list/lorin-stein) John Hockenberry (/a/sexual-harassment-assault-allegations-list/john-hockenberry) November 2017 Matt Lauer (/a/sexual-harassment-assault-allegations-list/matt-lauer) Garrison Keillor (/a/sexual-harassment-assault-allegations-list/garrison-keillor) Charlie Rose (/a/sexual-harassment-assault-allegations-list/charlie-rose) Glenn Thrush (/a/sexual-harassment-assault-allegations-list/glenn-thrush) Matt Zimmerman (/a/sexual-harassment-assault-allegations-list/matt-zimmerman) Kaj Larsen (/a/sexual-harassment-assault-allegations-list/kaj-larsen) Vince Ingenito (/a/sexual-harassment-assault-allegations-list/vince-ingenito) Jann Wenner (/a/sexual-harassment-assault-allegations-list/jann-wenner) Michael Hafford (/a/sexual-harassment-assault-allegations-list/michael-hafford) David Corn (/a/sexual-harassment-assault-allegations-list/david-corn) October 2017 Michael Oreskes (/a/sexual-harassment-assault-allegations-list/michael-oreskes) Hamilton Fish (/a/sexual-harassment-assault-allegations-list/hamilton-fish) Mark Halperin (/a/sexual-harassment-assault-allegations-list/mark-halperin) Leon Wieseltier (/a/sexual-harassment-assault-allegations-list/leon-wieseltier) Knight Landesman (/a/sexual-harassment-assault-allegations-list/knight-landesman) Lockhart Steele (/a/sexual-harassment-assault-allegations-list/lockhart-steele) September 2017 Harry Knowles (/a/sexual-harassment-assault-allegations-list/harry-knowles) Charles Payne (/a/sexual-harassment-assault-allegations-list/charles-payne) August 2017 Eric Bolling (/a/sexual-harassment-assault-allegations-list/eric-bolling) April 2017 Sean Hannity (/a/sexual-harassment-assault-allegations-list/sean-hannity) Bill O'Reilly (/a/sexual-harassment-assault-allegations-list/bill-o-reilly) Business & Tech There are 18 people in this category. Select a name or scroll down to view all: Publicly reported October 2018 Andy Rubin (/a/sexual-harassment-assault-allegations-list/andy-rubin) Richard DeVaul (/a/sexual-harassment-assault-allegations-list/richard-devaul) Amit Singhal (/a/sexual-harassment-assault-allegations-list/amit-singhal) August 2018 Demos Parneros (/a/sexual-harassment-assault-allegations-list/demos-parneros) February 2018 Terdema Ussery (/a/sexual-harassment-assault-allegations-list/terdema-ussery) January 2018 Steve Wynn (/a/sexual-harassment-assault-allegations-list/steve-wynn) 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 7/78 December 2017 Max Ogden (/a/sexual-harassment-assault-allegations-list/max-ogden) Harold Ford Jr. (/a/sexual-harassment-assault-allegations-list/harold-ford-jr) Sam Isaly (/a/sexual-harassment-assault-allegations-list/sam-isaly) November 2017 Shervin Pishevar (/a/sexual-harassment-assault-allegations-list/shervin-pishevar) Howie Rubin (/a/sexual-harassment-assault-allegations-list/howie-rubin) October 2017 Caleb Jennings (/a/sexual-harassment-assault-allegations-list/caleb-jennings) Robert Scoble (/a/sexual-harassment-assault-allegations-list/robert-scoble) Scott Courtney (/a/sexual-harassment-assault-allegations-list/scott-courtney) June 2017 Chris Sacca (/a/sexual-harassment-assault-allegations-list/chris-sacca) Dave McClure (/a/sexual-harassment-assault-allegations-list/dave-mcclure) Justin Caldbeck (/a/sexual-harassment-assault-allegations-list/justin-caldbeck) Travis Kalanick (/a/sexual-harassment-assault-allegations-list/travis-kalanick) Politics There are 46 people in this category. Select a name or scroll down to view all: Publicly reported November 2018 Eric Bauman (/a/sexual-harassment-assault-allegations-list/eric-bauman) October 2018 Albert J. Alvarez (/a/sexual-harassment-assault-allegations-list/albert-j-alvarez) September 2018 Charles Schwertner (/a/sexual-harassment-assault-allegations-list/charles-schwertner) Brett Kavanaugh (/a/sexual-harassment-assault-allegations-list/brett-kavanaugh) David Keyes (/a/sexual-harassment-assault-allegations-list/david-keyes) August 2018 Tom Frieden (/a/sexual-harassment-assault-allegations-list/tom-frieden) Nick Sauer (/a/sexual-harassment-assault-allegations-list/nick-sauer) July 2018 Corey Coleman (/a/sexual-harassment-assault-allegations-list/corey-coleman) Mel Watt (/a/sexual-harassment-assault-allegations-list/mel-watt) Curtis Hill (/a/sexual-harassment-assault-allegations-list/curtis-hill) May 2018 Eric Schneiderman (/a/sexual-harassment-assault-allegations-list/eric-schneiderman) Clay Johnson (/a/sexual-harassment-assault-allegations-list/clay-johnson) April 2018 Tony C\u00e1rdenas (/a/sexual-harassment-assault-allegations-list/tony-cardenas) Benton Strong (/a/sexual-harassment-assault-allegations-list/benton-strong) Benjamin Sparks (/a/sexual-harassment-assault-allegations-list/benjamin-sparks) February 2018 Nicholas Kettle (/a/sexual-harassment-assault-allegations-list/nicholas-kettle) Ed Crane (/a/sexual-harassment-assault-allegations-list/ed-crane) Cristina Garcia (/a/sexual-harassment-assault-allegations-list/cristina-garcia) January 2018 Burns Strider (/a/sexual-harassment-assault-allegations-list/burns-strider) 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 8/78 Patrick Meehan (/a/sexual-harassment-assault-allegations-list/patrick-meehan) Jeffrey Klein (/a/sexual-harassment-assault-allegations-list/jeffrey-klein) Eric Greitens (/a/sexual-harassment-assault-allegations-list/eric-greitens) December 2017 Corey Lewandowski (/a/sexual-harassment-assault-allegations-list/corey-lewandowski) Andrea Ramsey (/a/sexual-harassment-assault-allegations-list/andrea-ramsey) Bobby Scott (/a/sexual-harassment-assault-allegations-list/bobby-scott) Ed Murray (/a/sexual-harassment-assault-allegations-list/ed-murray) Dan Johnson (/a/sexual-harassment-assault-allegations-list/dan-johnson) Alex Kozinski (/a/sexual-harassment-assault-allegations-list/alex-kozinski) Trent Franks (/a/sexual-harassment-assault-allegations-list/trent-franks) Borris Miles (/a/sexual-harassment-assault-allegations-list/borris-miles) Carlos Uresti (/a/sexual-harassment-assault-allegations-list/carlos-uresti) Matt Dababneh (/a/sexual-harassment-assault-allegations-list/matt-dababneh) Rub\u00e9n Kihuen (/a/sexual-harassment-assault-allegations-list/ruben-kihuen) November 2017 Blake Farenthold (/a/sexual-harassment-assault-allegations-list/blake-farenthold) John Conyers (/a/sexual-harassment-assault-allegations-list/john-conyers) Wesley Goodman (/a/sexual-harassment-assault-allegations-list/wesley-goodman) Al Franken (/a/sexual-harassment-assault-allegations-list/al-franken) Jeff Kruse (/a/sexual-harassment-assault-allegations-list/jeff-kruse) Calvin Smyre (/a/sexual-harassment-assault-allegations-list/calvin-smyre) Steve Lebsock (/a/sexual-harassment-assault-allegations-list/steve-lebsock) Roy Moore (/a/sexual-harassment-assault-allegations-list/roy-moore) Dwayne Duron Marshall (/a/sexual-harassment-assault-allegations-list/dwayne-duron-marshall) Tony Mendoza (/a/sexual-harassment-assault-allegations-list/tony-mendoza) October 2017 Raul Bocanegra (/a/sexual-harassment-assault-allegations-list/raul-bocanegra) George H.W. Bush (/a/sexual-harassment-assault-allegations-list/george-h-w-bush) Donald Trump (/a/sexual-harassment-assault-allegations-list/donald-trump) Other There are 40 people in this category. Select a name or scroll down to view all: Publicly reported September 2018 Cody Wilson (/a/sexual-harassment-assault-allegations-list/cody-wilson) August 2018 Ron Carlson (/a/sexual-harassment-assault-allegations-list/ron-carlson) Avital Ronell (/a/sexual-harassment-assault-allegations-list/avital-ronell) June 2018 Francisco Ayala (/a/sexual-harassment-assault-allegations-list/francisco-ayala) Mark Mellor (/a/sexual-harassment-assault-allegations-list/mark-mellor) May 2018 Roland G. Fryer, Jr. (/a/sexual-harassment-assault-allegations-list/roland-g-fryer-jr) George Tyndall (/a/sexual-harassment-assault-allegations-list/george-tyndall) April 2018 William Jacoby (/a/sexual-harassment-assault-allegations-list/william-jacoby) March 2018 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 9/78 William Strampel (/a/sexual-harassment-assault-allegations-list/william-strampel) Keith Raniere (/a/sexual-harassment-assault-allegations-list/keith-raniere) Bill Hybels (/a/sexual-harassment-assault-allegations-list/bill-hybels) Robert Reece (/a/sexual-harassment-assault-allegations-list/robert-reece) Mike Isabella (/a/sexual-harassment-assault-allegations-list/mike-isabella) February 2018 Jorge Dom\u00ednguez (/a/sexual-harassment-assault-allegations-list/jorge-dominguez) Lawrence Krauss (/a/sexual-harassment-assault-allegations-list/lawrence-krauss) Michael Feinberg (/a/sexual-harassment-assault-allegations-list/michael-feinberg) Earl K. Sneed (/a/sexual-harassment-assault-allegations-list/earl-k-sneed) Sean Hutchison (/a/sexual-harassment-assault-allegations-list/sean-hutchison) Alec Klein (/a/sexual-harassment-assault-allegations-list/alec-klein) January 2018 Paul Shapiro (/a/sexual-harassment-assault-allegations-list/paul-shapiro) Wayne Pacelle (/a/sexual-harassment-assault-allegations-list/wayne-pacelle) John Kenneally (/a/sexual-harassment-assault-allegations-list/john-kenneally) Mohamed Muqtar (/a/sexual-harassment-assault-allegations-list/mohamed-muqtar) Jeremy Tooker (/a/sexual-harassment-assault-allegations-list/jeremy-tooker) Andy Savage (/a/sexual-harassment-assault-allegations-list/andy-savage) December 2017 Charlie Hallowell (/a/sexual-harassment-assault-allegations-list/charlie-hallowell) Brad Kern (/a/sexual-harassment-assault-allegations-list/brad-kern) Ken Friedman (/a/sexual-harassment-assault-allegations-list/ken-friedman) Mario Batali (/a/sexual-harassment-assault-allegations-list/mario-batali) November 2017 Larry Nassar (/a/sexual-harassment-assault-allegations-list/larry-nassar) Andr\u00e9 Balazs (/a/sexual-harassment-assault-allegations-list/andre-balazs) October 2017 Todd Heatherton (/a/sexual-harassment-assault-allegations-list/todd-heatherton) William Kelley (/a/sexual-harassment-assault-allegations-list/william-kelley) Paul Whalen (/a/sexual-harassment-assault-allegations-list/paul-whalen) Erick Guerrero (/a/sexual-harassment-assault-allegations-list/erick-guerrero) John Besh (/a/sexual-harassment-assault-allegations-list/john-besh) David Marchant (/a/sexual-harassment-assault-allegations-list/david-marchant) September 2017 T. Florian Jaeger (/a/sexual-harassment-assault-allegations-list/t-florian-jaeger) April 2017 Cristiano Ronaldo (/a/sexual-harassment-assault-allegations-list/cristiano-ronaldo) October 2014 Neil deGrasse Tyson (/a/sexual-harassment-assault-allegations-list/neil-degrasse-tyson) Back to 1 / 101 Frankie Shaw (/a/sexual-harassment-assault-allegations- list/frankie-shaw) Creator and star, Showtime's Publicly reported December 17, 2018 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 10/78 Multiple staffers have said she mishandled sex scenes, and one says she took off her own shirt in a dispute over onscreen nudity. Sources/more info: 1 ( \u201cShe uses this idea of being feminist and a progressive as camouflage.\u201d \u2014 anonymous staffer ( claims-1170077) Michael Weatherly (/a/sexual-harassment-assault-allegations- list/michael-weatherly) Actor, CBS's Bull Publicly reported December 13, 2018 co-star says he made inappropriate comments to her, including a rape joke. After she confronted him, she was written off the show. Sources/more info: 1 ( \u201cMy story is true and it\u2019s really affected me.\u201d \u2014 Eliza Dushku, actress ( harassment.html) Steven Wilder Striegel (/a/sexual-harassment-assault- allegations-list/steven-wilder-striegel) Actor Publicly reported September 6, 2018 woman has said he sexually abused her when she was 14. He pleaded guilty to two felonies in 2010 in connection with the allegations, and served six months in jail. 20th Century Fox has deleted a scene featuring him from The Predator. Sources/more info: 1 ( 2 ( story.html have no shame for what was done to me am not the one who needs to carry that shame.\u201d \u2014 Paige Carnes, who reported that Striegel abused her ( 20180912-story.html) Gerard Depardieu (/a/sexual-harassment-assault-allegations- list/gerard-depardieu) Actor Publicly reported August 30, 2018 An actress has said he raped her. French authorities are investigating. Sources/more info: 1 ( 2 ( \u201cThe actress told police she had been assaulted by the actor twice this month at Depardieu\u2019s home in Paris.\u201d \u2014 the New York Magazine vertical The Cut ( 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 11/78 Chase Finlay (/a/sexual-harassment-assault-allegations- list/chase-finlay) Former principal dancer, New York City Ballet Publicly reported August 28, 2018 woman said he shared naked pictures of her without her consent. He has left the New York City Ballet. Sources/more info: 1 ( 2 ( \u201c[Finlay] had been secretly recording and saving explicit photographs and videos of [Alexandra Waterbury] while she was without clothing and/or while the two were engaged in sexual activities.\u201d \u2014 lawsuit filed by Alexandra Waterbury against New York City Ballet ( Asia Argento (/a/sexual-harassment-assault-allegations- list/asia-argento) Actress, director, #MeToo advocate Publicly reported August 19, 2018 man says she sexually assaulted him when he was 17. She has been fired from Factor Italy. Sources/more info: 1 ( 2 ( utm_source=twitter) 3 ( \u201cMy trauma resurfaced as she came out as a victim herself.\u201d \u2014 Jimmy Bennett, actor ( assault-claim-1136667?utm_source=twitter) Rick Day (/a/sexual-harassment-assault-allegations-list/rick- day) Photographer Publicly reported July 24, 2018 Multiple men have reported sexual assault or other sexual misconduct by Day during photo shoots. Sources/more info: 1 ( 2 ( [Day] \u201cgot way too handsy on just about every part of my body.\u201d \u2014 Zach Zakar, model ( assault/#gs.Eq88fT8) Chris Hardwick (/a/sexual-harassment-assault-allegations- list/chris-hardwick) Co-founder, Nerdist; host, Talking with Chris Hardwick Publicly reported June 14, 2018 woman has said he sexually assaulted and emotionally abused her suspended his show, but has reinstated it after an investigation. 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 12/78 Sources/more info: 1 ( 2 ( 3 ( \u201cI\u2019m still recovering from being sexually used.\u201d \u2014 Chloe Dykstra, actress ( Morgan Freeman (/a/sexual-harassment-assault-allegations- list/morgan-freeman) Actor; co-founder, Revelations Entertainment Publicly reported May 24, 2018 Eight women have alleged sexual harassment and \u201cinappropriate behavior,\u201d including sexually charged remarks and unwanted touching. Sources/more info: 1 ( \u201cWe knew that if he was coming by \u2026 not to wear any top that would show our breasts, not to wear anything that would show our bottoms.\u201d \u2014 senior production staff member on the film Now You See Me ( freeman-accusations/index.html) Luc Besson (/a/sexual-harassment-assault-allegations-list/luc- besson) Director Publicly reported May 19, 2018 Multiple people have said he raped, sexually assaulted, or sexually harassed them. French police are investigating the rape allegation. Sources/more info: 1 ( 2 ( became his private Barbie doll whom he could control, dress and break.\u201d \u2014 Sand Van Roy, actress ( france-1202869487/) Boyd Tinsley (/a/sexual-harassment-assault-allegations- list/boyd-tinsley) Violinist; former member, Dave Matthews Band; member, Crystal Garden Publicly reported May 17, 2018 man has sued Tinsley, saying Tinsley subjected him to unwanted touching and masturbated in front of him, among other unwanted behavior, while they were bandmates in Crystal Garden. Tinsley has been fired from the Dave Matthews Band. Sources/more info: 1 ( 2 ( \u201c[H]e was masturbating next to me while was sleeping, and he had his hand on my ass\u201d \u2014 James Frost-Winn, trumpet player ( 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 13/78 Ameer Vann (/a/sexual-harassment-assault-allegations- list/ameer-vann) Rapper; former member, Brockhampton Publicly reported May 11, 2018 Two women have said he was verbally abusive or emotionally manipulative to them in relationships, and others have made secondhand allegations that he had sex with underage girls. He has since left Brockhampton and the group has issued an apology. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cNot only is he a predator and cheater, he also degrades women\u201d \u2014 Rhett Rowan, singer-songwriter ( allegations/) Junot D\u00edaz (/a/sexual-harassment-assault-allegations- list/junot-diaz) Author; creative writing professor Publicly reported May 4, 2018 woman has reported that he forcibly kissed her, and others have said he subjected them to misogynistic or verbally abusive behavior. He has resigned as chair of the Pulitzer Prize Board, and has launched an investigation. Sources/more info: 1 ( 2 ( 3 ( 4 ( was an unknown wide-eyed 26 yo, and he used it as an opportunity to corner and forcibly kiss me.\u201d \u2014 Zinzi Clemmons, author ( Allison Mack (/a/sexual-harassment-assault-allegations- list/allison-mack) Actress Publicly reported April 24, 2018 She has been charged with sex trafficking in connection with allegations that she recruited women to become \u201cslaves\u201d in the group Nxivm. Sources/more info: 1 ( 2 ( \u201cMs. Mack was one of the top members of a highly organized scheme which was designed to provide sex to [Nxivm co-founder Keith Raniere]\" \u2014 assistant attorney Moira Penza ( know.html) Nicholas Nixon (/a/sexual-harassment-assault-allegations- list/nicholas-nixon) Photographer; former photography professor, Massachusetts College of Art and Design 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 14/78 Publicly reported April 4, 2018 Multiple former students have said that Nixon made inappropriate comments, sent them inappropriate emails, or asked them to pose nude. He has retired from MassArt and is the subject of a Title investigation. Sources/more info: 1 ( far/9O4Yyd0CBlGSiW33Tb8tcI/story.html) 2 ( \u201cIt felt like the conversation always led back to sex.\u201d \u2014 anonymous, to the Boston Globe ( classroom-how-far-too-far/9O4Yyd0CBlGSiW33Tb8tcI/story.html) John Kricfalusi (/a/sexual-harassment-assault-allegations- list/john-kricfalusi) Creator, The Ren & Stimpy Show Publicly reported March 29, 2018 One woman has said Kricfalusi sexually abused her when she was a minor, while another says he subjected her to sexually inappropriate behavior when she was a minor and later sexually harassed her. Cartoon Network and Adult Swim have said they will not work with him in future. Sources/more info: 1 ( bftwnews&utm_term=.ffGE92N2A#.whxjWOpO0) \u201cMy entire life had been suspended in John\u2019s since was fourteen.\u201d \u2014 Robyn Byrd, professor ( bftwnews&utm_term=.ffGE92N2A#.whxjWOpO0) Sherman Alexie (/a/sexual-harassment-assault-allegations- list/sherman-alexie) Author Publicly reported March 5, 2018 Multiple women have reported that he made inappropriate comments or unwanted advances toward them. He has declined a literary prize and delayed the publication of an upcoming memoir. Sources/more info: 1 ( 2 ( declines-literary-prize) 3 ( amid-sexual-harassment-claims [\u2026] felt that he had so much power that should probably not make a fuss about this.\u201d \u2014 Elissa Washuta, author ( the-record) Jeff Franklin (/a/sexual-harassment-assault-allegations- list/jeff-franklin) Former showrunner, Fuller House Publicly reported February 28, 2018 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 15/78 He has been accused of making inappropriate comments about his sex life in the workplace, and giving women he dated bit parts on Fuller House. He has been dropped from the show, and his deal with Warner Bros. will not be renewed. Sources/more info: 1 ( \u201cStudio executives were warned that Franklin \u2018was a walking lawsuit waiting to happen.\u2019\u201d \u2014 Cynthia Littleton, Variety ( Philip Berk (/a/sexual-harassment-assault-allegations- list/philip-berk) Former president, Hollywood Foreign Press Association Publicly reported February 22, 2018 man has reported that Berk groped him. The is investigating the incident. Sources/more info: 1 ( 2 ( felt ill felt like a little kid felt like there was a ball in my throat thought was going to cry.\u201d \u2014 Brendan Fraser, actor ( Daniel Handler (/a/sexual-harassment-assault-allegations- list/daniel-handler) Author, also known as Lemony Snicket Publicly reported February 21, 2018 Multiple women say he made inappropriate sexual comments in front of and about them. Sources/more info: 1 ( \u201cIt was way over the line, and made me feel smaller.\u201d \u2014 Allie Jane Bruce, children's librarian ( metoo) Patrick Demarchelier (/a/sexual-harassment-assault- allegations-list/patrick-demarchelier) Photographer Publicly reported February 16, 2018 Multiple women have said he made unwanted advances toward them. The magazine publisher Cond\u00e9 Nast has stopped working with him \u201cfor the foreseeable future.\u201d Sources/more info: 1 ( \u201cIt hurts my heart so much to think of how many girls, many my own daughter\u2019s age who have had to fend off or give in to his advances because didn\u2019t speak up at the time.\u201d \u2014 anonymous, in an email to a modeling group ( truth/c7r0WVsF5cib1pLWXJe9dP/story.html) Seth Sabal (/a/sexual-harassment-assault-allegations-list/seth- sabal) Photographer 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 16/78 Publicly reported February 16, 2018 Multiple women have said he sexually harassed them. Sources/more info: 1 ( \u201cThree models have accused Sabal of sexual harassment during the mid-2000s.\u201d \u2014 Jenn Abelson and Sacha Pfeiffer, Boston Globe ( truth/c7r0WVsF5cib1pLWXJe9dP/story.html) Andre Passos (/a/sexual-harassment-assault-allegations- list/andre-passos) Photographer Publicly reported February 16, 2018 woman has said he inserted his fingers into her vagina during a shoot when she was a teenager. Sources/more info: 1 ( \u201cFormer model Dasha Alexander said she was 15 when he inserted his fingers in her vagina while taking her picture about 20 years ago, saying it would give the photos \u2018more emotion.'\u201d \u2014 Jenn Abelson and Sacha Pfeiffer, Boston Globe ( truth/c7r0WVsF5cib1pLWXJe9dP/story.html) Greg Kadel (/a/sexual-harassment-assault-allegations- list/greg-kadel) Photographer Publicly reported February 16, 2018 Multiple women have said he made unwanted advances when they were teenagers, while another said he pressured her to strip naked. Cond\u00e9 Nast and Victoria\u2019s Secret have stopped working with him. Sources/more info: 1 ( \u201cKadel helped the teenager land gig after gig with Victoria\u2019s Secret, all while subjecting her to ongoing harassment, she said, until she refused to work with him\u201d \u2014 Jenn Abelson and Sacha Pfeiffer, Boston Globe ( truth/c7r0WVsF5cib1pLWXJe9dP/story.html) David Bellemere (/a/sexual-harassment-assault-allegations- list/david-bellemere) Photographer Publicly reported February 16, 2018 Multiple women have reported that he subjected them to unwanted touching and other inappropriate behavior. Victoria\u2019s Secret has cut ties with him. Sources/more info: 1 ( 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 17/78 felt like had no choices.\u201d \u2014 Madisyn Ritland, model ( truth/c7r0WVsF5cib1pLWXJe9dP/story.html) Karl Templer (/a/sexual-harassment-assault-allegations- list/karl-templer) Stylist Publicly reported February 16, 2018 Multiple women have reported that he touched them inappropriately or aggressively during shoots. Sources/more info: 1 ( \u201cHe was trying to get me naked. [\u2026] He was trying to pull off my clothes without my permission.\u201d \u2014 anonymous, to Boston Globe ( truth/c7r0WVsF5cib1pLWXJe9dP/story.html) Vincent Cirrincione (/a/sexual-harassment-assault-allegations- list/vincent-cirrincione) Talent manager Publicly reported February 2, 2018 Multiple women have said he made unwanted advances toward them, and several said he preyed specifically on young women of color. He has shut down his agency. Sources/more info: 1 ( women-are-accusing-him-of-sexual-harassment/2018/02/02/259e8196-f590-11e7-b34a-b85626af34ef_story.html? utm_term=.3c5fd3c7283a) 2 ( close-agency-after-accusations-of-sexual-harassment/2018/02/05/557debd0-0ab8-11e8-8b0d-891602206fb7_story.html? utm_term=.48f8a9e3ec1b) \u201cThe price paid for having my good professional relationship with him was giving up my sense of self, of wholeness, of personal worth.\u201d \u2014 anonymous, to the Washington Post ( henson-to-stardom-now-9-minority-women-are-accusing-him-of-sexual-harassment/2018/02/02/259e8196-f590-11e7-b34a- b85626af34ef_story.html?utm_term=.3c5fd3c7283a) Paul Marciano (/a/sexual-harassment-assault-allegations- list/paul-marciano) Co-founder, Guess Publicly reported February 1, 2018 woman has reported that he repeatedly subjected her to unwanted touching, kissing, and other advances. He has stepped away from daily responsibilities at Guess. Sources/more info: 1 ( 2 ( 3 ( 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 18/78 \u201cIt took a huge toll on my confidence and self-worth wanted to quit modeling.\u201d \u2014 Kate Upton, model ( Charlie Walk (/a/sexual-harassment-assault-allegations- list/charlie-walk) Former president, the Republic Group Publicly reported January 29, 2018 Multiple women have accused him of harassment and inappropriate touching. He has left the Republic Group. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cYou would instant message me throughout the day making sexual remarks. Truly vulgar words and ideas. Pervasively.\u201d \u2014 Tristan Coopersmith, psychotherapist ( Scott Baio (/a/sexual-harassment-assault-allegations- list/scott-baio) Actor Publicly reported January 27, 2018 woman has reported that Baio sexually abused her when she was a minor, and a man has said Baio sexually harassed him. Sources/more info: 1 ( 2 ( 3 ( \u201cHe was playing not only on my emotions, but my hormones and all of those things.\u201d \u2014 Nicole Eggert, actress ( 1202681478/) David Copperfield (/a/sexual-harassment-assault-allegations- list/david-copperfield) Magician Publicly reported January 25, 2018 woman has reported that he drugged and sexually assaulted her when she was 17. Sources/more info: 1 ( remember my clothes being taken off.\u201d \u2014 Brittney Lewis, former model ( 1988/) Barry Lubin (/a/sexual-harassment-assault-allegations- list/barry-lubin) Former clown, Big Apple Circus 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 19/78 Publicly reported January 23, 2018 woman has reported that he pressured her to pose for pornographic photos when she was 16. He has resigned from the Big Apple Circus. Sources/more info: 1 ( just felt really confused and lost and ashamed.\u201d \u2014 Zoey Dunne, former circus performer ( resigns.html?smid=tw-nytmetro&smtyp=cur) Michael Douglas (/a/sexual-harassment-assault-allegations- list/michael-douglas) Actor Publicly reported January 18, 2018 woman has reported that he sexually harassed her and masturbated in front of her. Sources/more info: 1 ( realized he thought he could do anything he wanted because he was so much more powerful than was.\u201d \u2014 Susan Braudy, writer ( moment-1075609) Joel Kramer (/a/sexual-harassment-assault-allegations- list/joel-kramer) Stunt coordinator Publicly reported January 13, 2018 woman has reported that he sexually abused her when she was underage, and another says he sexually assaulted her. He has been dropped as a client by Worldwide Production Agency. Sources/more info: 1 ( 2 ( 3 ( 1202243097 was 12, he was 36. It is incomprehensible.\u201d \u2014 Eliza Dushku, actress ( Bruce Weber (/a/sexual-harassment-assault-allegations- list/bruce-weber) Photographer Publicly reported January 13, 2018 Multiple men have said he pressured them to pose nude or subjected them to unwanted touching. Sources/more info: 1 ( felt helpless. [\u2026] Like my agency said, he has a lot of power.\u201d \u2014 **Josh Ardolf, model ( 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 20/78 Mario Testino (/a/sexual-harassment-assault-allegations- list/mario-testino) Photographer Publicly reported January 13, 2018 Multiple men have said he groped them or masturbated in front of them, or made unwanted advances. Sources/more info: 1 ( \u201cHe was a sexual predator.\u201d \u2014 Ryan Locke, model ( Aziz Ansari (/a/sexual-harassment-assault-allegations-list/aziz- ansari) Actor, comedian Publicly reported January 13, 2018 woman has said he subjected her to unwanted touching and pressure to have sex during a date. Sources/more info: 1 ( cried the whole ride home. At that point felt violated.\u201d \u2014 Grace, to Babe.net ( James Franco (/a/sexual-harassment-assault-allegations- list/james-franco) Actor; founder, Studio 4 film school Publicly reported January 11, 2018 Multiple women have reported that he engaged in inappropriate or sexually exploitative behavior with them. Sources/more info: 1 ( feel there was an abuse of power, and there was a culture of exploiting non-celebrity women, and a culture of women being replaceable.\u201d \u2014 Sarah Tither-Kaplan, actress and filmmaker ( 20180111-htmlstory.html) Stan Lee (/a/sexual-harassment-assault-allegations-list/stan- lee) Comic book writer; former editor-in-chief, Marvel Comics Publicly reported January 9, 2018 Multiple nurses have accused Lee of sexually harassing them while they were caring for him, and another woman has alleged that he masturbated in front of her and groped her. Sources/more info: 1 ( 2 ( 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 21/78 \u201cThe owner at the nursing company has openly said to people that Stan has sexually harassed every single nurse that has been to the house.\u201d \u2014 anonymous, to the Daily Mail ( nurses.html) Ben Vereen (/a/sexual-harassment-assault-allegations- list/ben-vereen) Actor, director Publicly reported January 5, 2018 Multiple women have reported that he subjected them to inappropriate comments or unwanted touching, including pressing his genitals against them. Sources/more info: 1 ( just felt powerless because thought really needed his help and guidance.\u201d \u2014 Kim, actress, to the New York Daily News ( assault-hair-article-1.3738684) Paul Haggis (/a/sexual-harassment-assault-allegations- list/paul-haggis) Director, screenwriter Publicly reported January 5, 2018 Multiple women have reported that he raped or forcibly kissed them. He has resigned as chair of the board for Artists for Peace and Justice, a charity he founded. Sources/more info: 1 ( utm_campaign=SocialFlow&utm_source=Twitter&utm_medium=AP) 2 ( misconduct-allegations/1021400001 felt like my life could have been over.\u201d \u2014 anonymous, to the Associated Press ( utm_campaign=SocialFlow&utm_source=Twitter&utm_medium=AP) Albert Schultz (/a/sexual-harassment-assault-allegations- list/albert-schultz) Actor; artistic director, Soulpepper Theatre Company Publicly reported January 3, 2018 Multiple women have reported that he committed sexual battery or sexual harassment against them. He is taking a leave of absence from the Soulpepper Theatre Company. Sources/more info: 1 ( didn\u2019t have a name for it at the time, but did fall into a depression.\u201d \u2014 Patricia Fagan, actress ( 1.4470036) 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 22/78 Dan Harmon (/a/sexual-harassment-assault-allegations- list/dan-harmon) Writer; producer; creator, Community Publicly reported January 2, 2018 former employee has reported that he sexually harassed her, and he has admitted to and apologized for the behavior. Sources/more info: 1 ( 2 ( 3 ( \u201cIt took me years to believe in my talents again, to trust a boss when he complimented me and not cringe when he asked for my number.\u201d \u2014 Megan Ganz, writer ( Dustin Marshall (/a/sexual-harassment-assault-allegations- list/dustin-marshall) Founder, Feral Audio podcast network Publicly reported December 21, 2017 former partner says he abused and harassed her. He is shutting down Feral Audio. Sources/more info: 1 ( 2 ( 3 ( \u201cOne night he broke into my house and crawled into bed with me, saying that we \u2018really needed to talk\u2019\u201d \u2014 Abby Weems, musician ( T.J. Miller (/a/sexual-harassment-assault-allegations-list/t-j- miller) Actor, comedian Publicly reported December 19, 2017 woman has reported that he sexually assaulted her, and others have said he harassed them or made abusive or transphobic comments. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cIt is unfathomable to me that he doesn\u2019t understand that he actually put me through something have to live with [\u2026] that completely, completely set the tone for my sexual adult life.\u201d \u2014 anonymous, to the Daily Beast ( punching-a-woman) Morgan Spurlock (/a/sexual-harassment-assault-allegations- list/morgan-spurlock) Director Publicly reported December 14, 2017 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 23/78 He said he has been accused of rape and sexual harassment. He has stepped down from his production company and other companies have cut ties or stopped distribution of his projects. Sources/more info: 1 ( 2 ( 3 ( misconduct/950744001/) 4 ( refinery29-1202228279/) 5 ( n829581) \u201cWe stand in solidarity with the victims.\u201d \u2014 spokesperson for Pretty Matches and Refinery29, announcing the suspension of a docuseries on women's issues that Spurlock was to produce ( matches-refinery29-1202228279/) Jon Heely (/a/sexual-harassment-assault-allegations-list/jon- heely) Director of music publishing, Disney Publicly reported December 8, 2017 He is accused of sexually abusing two underage girls. He has been charged with three felony counts of child sexual abuse and suspended without pay from Disney. Sources/more info: 1 ( \u201cImmediately upon learning of this situation tonight, he has been suspended without pay until the matter is resolved by the courts.\u201d \u2014 Disney spokesperson, to Variety ( 1202634502/) Melanie Martinez (/a/sexual-harassment-assault-allegations- list/melanie-martinez) Singer-songwriter Publicly reported December 5, 2017 woman has said that Martinez raped her. Sources/more info: 1 ( utm_term=.jwvZEZe9a#.niyNlNbAD) 2 ( happened never said yes said no, repeatedly. But she used her power over me, and broke me down.\u201d \u2014 Timothy Heller, singer ( ref_src=twsrc%5Etfw&ref_url=https%3A%2F%2F by-a-former-friend) Bryan Singer (/a/sexual-harassment-assault-allegations- list/bryan-singer) Director 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 24/78 Publicly reported December 4, 2017 man has sued Singer, saying he was raped by Singer at the age of 17. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cHe smirked and said, if say anything, he was very popular and could basically ruin my reputation.\u201d \u2014 Cesar Sanchez-Guzman ( Peter Martins (/a/sexual-harassment-assault-allegations- list/peter-martins) Retired ballet master in chief, New York City Ballet Publicly reported December 4, 2017 Multiple people say he sexually harassed or verbally or physically abused them, or abused his power through sexual relationships with other dancers. He has retired. Sources/more info: 1 ( 2 ( accusation.html?action=click&contentCollection=Dance&module=RelatedCoverage®ion=Marginalia&pgtype=article) 3 ( action=click&contentCollection=Dance&module=RelatedCoverage®ion=Marginalia&pgtype=article) 4 ( 5 ( \u201cHe\u2019s yanking me around to the left and to the right, he\u2019s digging his left thumb and his middle finger felt like he was piercing my muscle.\u201d \u2014 Victor Ostrovsky, former student, School of American Ballet ( ballet-new-york-city-physical-abuse.html) James Levine (/a/sexual-harassment-assault-allegations- list/james-levine) Former conductor, Metropolitan Opera Publicly reported December 3, 2017 Multiple men have reported that he sexually abused them, some when they were teenagers. He has been fired from the Met, and the Ravinia Festival has cut ties with him. Sources/more info: 1 ( 2 ( 3 ( saw him as a safe, protective person, he took advantage of me, he abused me and it has really messed me up.\u201d \u2014 Ashok Pai ( Israel Horovitz (/a/sexual-harassment-assault-allegations- list/israel-horovitz) Playwright Publicly reported November 30, 2017 Multiple women have said that he sexually harassed, sexually assaulted, or raped them. The Gloucester Stage theater has cut ties with him. 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 25/78 Sources/more info: 1 ( share&referer= felt close to him like a grandfather, but also he was a somewhat famous guy whose time felt privileged to have. [\u2026] For the man who represented all that, to treat me the way he did, was the ultimate betrayal.\u201d \u2014 Maia Ermansons ( share&referer= Geoffrey Rush (/a/sexual-harassment-assault-allegations- list/geoffrey-rush) Actor Publicly reported November 30, 2017 Two former co-stars have said he subjected them to unwanted sexual comments and inappropriate behavior. Sources/more info: 1 ( 2 ( nytimes) \u201c[T]here was a small shaving mirror over the top of the partition between the showers and he was using it to look down at my naked body.\u201d \u2014 Yael Stone, actress ( smtyp=cur&smid=tw-nytimes) Jean-Claude Arnault (/a/sexual-harassment-assault- allegations-list/jean-claude-arnault) Photographer; influential Swedish cultural figure; husband of Swedish Academy member Publicly reported November 24, 2017 Multiple women have said he raped or sexually harassed them. He was convicted on two counts of rape in Sweden and sentenced to two and a half years in prison. The allegations caused the awarding of the Nobel Prize in Literature to be delayed. Sources/more info: 1 ( 2 ( 3 ( \u201c[T]here had been no flirtation or touch just found a hand up my crotch.\u201d \u2014 Gabriella H\u00e5kansson, author ( John Lasseter (/a/sexual-harassment-assault-allegations- list/john-lasseter) CEO, Pixar and Walt Disney Animation Studios Publicly reported November 21, 2017 Multiple people said he had a pattern of sexually harassing women. He has taken a leave of absence from Pixar. Sources/more info: 1 ( utm_source=twitter&utm_source=t.co&utm_medium=referral&utm_source=t.co&utm_medium=referral) 2 ( 1059594) 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 26/78 \u201cHe hugged and hugged and everyone\u2019s looking at you. Just invading the space.\u201d \u2014 anonymous, to the Hollywood Reporter ( detailed-by-disney-pixar-insiders-1059594) Murray Miller (/a/sexual-harassment-assault-allegations- list/murray-miller) Writer, Girls Publicly reported November 17, 2017 woman has reported that he sexually assaulted her when she was 17 years old. Police have launched an investigation. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cAt some point woke up in Murray\u2019s bed naked. He was on top of me having sexual intercourse with me. At no time did consent to any sexual contact with Murray.\" \u2014 Aurora Perrineau, actress ( Sylvester Stallone (/a/sexual-harassment-assault-allegations- list/sylvester-stallone) Actor Publicly reported November 16, 2017 woman has reported that he and another man sexually assaulted her when she was 16. Sources/more info: 1 ( \u201cI\u2019m kind of scared and I\u2019m very ashamed don\u2019t want anybody else to have that happen to them, but don\u2019t want to prosecute.\u201d \u2014 anonymous, to police, according to the Daily Mail ( forcing-teen-threesome.html) Ron Jeremy (/a/sexual-harassment-assault-allegations-list/ron- jeremy) Adult film actor Publicly reported November 15, 2017 Multiple women have reported that he raped or sexually assaulted them, or subjected them to unwanted touching. He has been dropped from at least two industry events. Sources/more info: 1 ( \u201cIt felt like he had preplanned this in his head, like he did this to everybody.\u201d \u2014 Lynsey G., journalist ( Andy Henry (/a/sexual-harassment-assault-allegations- list/andy-henry) Casting staff Publicly reported November 15, 2017 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 27/78 Multiple women say he told them to take off their clothes as part of what he described as an acting exercise. He was fired from the show and his firm in 2008 as a result of the reports, and placed on a leave of absence from his job in 2017 when the reports became public. Sources/more info: 1 ( \u201cIt really planted a seed in my head, that maybe wasn\u2019t good enough. Of, what did do wrong?\u201d \u2014 Catherine Black, actress ( disrobing-1058398) Jesse Lacey (/a/sexual-harassment-assault-allegations- list/jesse-lacey) Lead vocalist, guitarist, Brand New Publicly reported November 13, 2017 Two women have said he solicited explicit photos from them when they were minors, along with other sexually abusive behavior. The band has postponed upcoming shows. Sources/more info: 1 ( 2 ( misconduct-postpones-tour) 3 ( \u201cThis will definitely stay with me for the rest of my life.\u201d \u2014 Nicole Elizabeth Garey ( exploitation-of-minors/) Tom Sizemore (/a/sexual-harassment-assault-allegations- list/tom-sizemore) Actor Publicly reported November 13, 2017 Multiple cast and crew members have said he sexually abused a young girl on a film set, and he has been convicted of physically abusing and harassing an ex-girlfriend. Sources/more info: 1 ( 2 ( movie-set-in-2003-then-clicks-delete/) \u201cAt one point her eyes got just huge, like she could\u2019ve vomited was watching her.\u201d \u2014 Robyn Adamson, actress, describing the girl Sizemore allegedly abused ( sizemore-was-removed-movie-set-allegedly-violating-11-year-old-girl-1057629) Mark Schwahn (/a/sexual-harassment-assault-allegations- list/mark-schwahn) Showrunner, One Tree Hill and The Royals Publicly reported November 13, 2017 Multiple women have said he sexually harassed, manipulated, or made inappropriate comments to them while they worked on The Royals or One Tree Hill. He has been fired from The Royals. 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 28/78 Sources/more info: 1 ( 2 ( 3 ( 4 ( wauchope-1202207461/) \u201cMany of us were spoken to in ways that ran the spectrum from deeply upsetting, to traumatizing, to downright illegal. And a few of us were put in positions where we felt physically unsafe.\u201d \u2014 18 female cast and crew members of One Tree Hill, in an open letter ( 1202614198/) Peter Aalb\u00e6k Jensen (/a/sexual-harassment-assault- allegations-list/peter-aalbaek-jensen) Co-founder (with Lars von Trier), Zentropa production company Publicly reported November 12, 2017 Multiple women have reported that he groped them or helped create a hostile working environment. Sources/more info: 1 ( 2 ( 3 ( saw women being degraded. According to the Zentropa propaganda would be part of an \u2018alternative work culture\u2019, but in reality encountered an old-fashioned, patriarchal power structure.\u201d \u2014 Anna Mette Lundtofte, writer and journalist ( of-degradation-and-sexual-harassment) Eddie Berganza (/a/sexual-harassment-assault-allegations- list/eddie-berganza) Former editor Comics Publicly reported November 10, 2017 Multiple women have said he sexually harassed them. He has been fired. Sources/more info: 1 ( was physically ill from being stressed all the time and trying to hide it just felt like needed to get out, however could.\u201d \u2014 Liz Gehrlein Marsham, children's author ( utm_term=.wkWbqwBwk#.arwQAjRjW) Richard Dreyfuss (/a/sexual-harassment-assault-allegations- list/richard-dreyfuss) Actor Publicly reported November 10, 2017 woman has reported that he sexually harassed her over a period of years, once exposing himself to her. Sources/more info: 1 ( utm_campaign=vulture&utm_source=tw&utm_medium=s1) 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 29/78 \u201cHe created a very hostile work environment, where felt sexualized, objectified, and unsafe.\u201d \u2014 Jessica Teich, writer ( utm_campaign=vulture&utm_source=tw&utm_medium=s1) Gary Goddard (/a/sexual-harassment-assault-allegations- list/gary-goddard) CEO, the Goddard Group Publicly reported November 10, 2017 Eight men have reported that he sexually abused them when they were minors. He has taken a leave of absence from the Goddard Group. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cMy vulnerability was exploited was molested by Goddard, my best friend was raped by him \u2014 and this went on for years.\u201d \u2014 Anthony Edwards, actor ( Andrew Kreisberg (/a/sexual-harassment-assault-allegations- list/andrew-kreisberg) Former showrunner, Supergirl, Arrow Publicly reported November 10, 2017 More than a dozen people who worked with him have said he had a pattern of sexual harassment, including unwanted kissing and touching. He has been fired by Warner Bros Group. Sources/more info: 1 ( 2 ( \u201cIt was an environment in which women \u2014 assistants, writers, executives, directors \u2014 were all evaluated based on their bodies, not on their work.\u201d \u2014 Anonymous male writer, to Variety ( 1202612522/) George Takei (/a/sexual-harassment-assault-allegations- list/george-takei) Actor Publicly reported November 10, 2017 man reported that Takei drugged and groped him. The accuser has since walked back most of the story. Sources/more info: 1 ( bftwnews&utm_term=.rnvvpkMzrM#.ohpvqj5O35) 2 ( 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 30/78 just want him to apologize for taking advantage of our friendship.\u201d \u2014 Scott R. Brunton, former actor and model ( of-drugs-assault/) Steven Seagal (/a/sexual-harassment-assault-allegations- list/steven-seagal) Actor Publicly reported November 9, 2017 Multiple women have reported that he sexually harassed or behaved threateningly toward them. Sources/more info: 1 ( 2 ( 3 ( 4 ( weinstein-scandal thought about like was the last girl that day. How many girls had to take off their clothes? How many girls had to do more?\u2019\u201d \u2014 Jenny McCarthy, actress ( 1202205465/) Louis C.K. (/a/sexual-harassment-assault-allegations-list/louis- c-k) Comedian Publicly reported November 9, 2017 Multiple women have reported that he sexually harassed them, in some cases by masturbating in front of them wide release for his upcoming film and his standup special have been canceled; several media companies have ended their relationships with him. Sources/more info: 1 ( 2 ( 3 ( \u201cIt was just actually sort of common knowledge in the comedy world. [\u2026] People made jokes about it all the time.\u201d \u2014 Rebecca Corry, comedian ( Matthew Weiner (/a/sexual-harassment-assault-allegations- list/matthew-weiner) Showrunner Publicly reported November 9, 2017 woman has reported that he sexually harassed her. Sources/more info: 1 ( 2 ( 3 ( 4 ( 1201895936/) 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 31/78 had the Emmy, but instead of being able to use that as a launch pad for the rest of my career, it became an anchor because felt had to answer to speculative stories in the press eventually walked away instead of fighting back.\u201d \u2014 Kater Gordon, writer ( mad-men-1201895936/) Russell Simmons (/a/sexual-harassment-assault-allegations- list/russell-simmons) Music executive Publicly reported November 9, 2017 Multiple women have accused him of rape, sexual assault, or battery. He has stepped down from his companies. Sources/more info: 1 ( 2 ( 3 ( 4 ( 5 ( couldn\u2019t open the doors couldn\u2019t open the windows. The car was moving. The driver did not stop. He did not take me to 19th Street. He took me to your apartment.\u201d \u2014 Jenny Lumet, screenwriter ( guest-column-1062934) Robert Knepper (/a/sexual-harassment-assault-allegations- list/robert-knepper) Actor Publicly reported November 8, 2017 Multiple women have accused him of sexual assault. Sources/more info: 1 ( 2 ( 3 ( utm_source=Sailthru&utm_medium=email&utm_campaign=THR%20Breaking%20News_now_2017-12- 05%2007:39:00_HLewis&utm_term=hollywoodreporter_breakingnews just sat there and cried for a while. My dress was torn was dirty.\u201d \u2014 Susan Bertram, costume designer ( veteran-costume-designer-1055914) Jeffrey Tambor (/a/sexual-harassment-assault-allegations- list/jeffrey-tambor) Actor Publicly reported November 8, 2017 Multiple women have reported that he sexually harassed or forcibly kissed them. He has left the show Transparent. Sources/more info: 1 ( 2 ( 3 ( 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 32/78 \u201cGiven the journey and circumstances of my life was used to being treated as a sexual object by men \u2014 this one just happened to be famous.\u201d \u2014 Trace Lysette, actress ( Ed Westwick (/a/sexual-harassment-assault-allegations- list/ed-westwick) Actor Publicly reported November 7, 2017 Multiple women have accused him of sexual assault or rape. Several television shows have been postponed or have paused his involvement while police investigate. Sources/more info: 1 ( 2 ( 3 ( \u201cMy other friends and people around me told me it was best not to say anything, to not be \u2018that girl\u2019 and that no one would believe me.\u201d \u2014 Aur\u00e9lie Wynn, former actress ( utm_term=.pgNaQoboN#.geWag8w8K) Adam Venit (/a/sexual-harassment-assault-allegations- list/adam-venit) Agent Publicly reported November 3, 2017 man has reported that Venit sexually assaulted him. Venit was suspended for a month and has been demoted. Sources/more info: 1 ( 2 ( 3 ( \u201cThis whole thing with Harvey Weinstein is giving me PTSD. Why? Because this kind of thing happened to ME.\u201d \u2014 Terry Crews, actor ( ref_src=twsrc%5Etfw&ref_url=http%3A%2F%2F executive-amid-harvey-weinstein-allegations) Danny Masterson (/a/sexual-harassment-assault-allegations- list/danny-masterson) Actor Publicly reported November 2, 2017 Multiple women have reported that he raped them. He has been written out of Netflix\u2019s The Ranch, and law enforcement has begun an investigation into the case. Sources/more info: 1 ( 2 ( 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 33/78 \u201cAccording to a report filed with the Los Angeles Police Department, the woman said Masterson raped her while she was \u2018passed out,\u2019 and when she awoke and realized he was raping her, she struggled with him until he choked her and she passed out again.\u201d \u2014 Yashar Ali, HuffPost ( accusations_us_59fa8410e4b01b474048242a?9o4) Nick Carter (/a/sexual-harassment-assault-allegations- list/nick-carter) Lead singer, Backstreet Boys Publicly reported November 2, 2017 woman has reported that he sexually assaulted her in 2003. Prosecutors have declined to bring criminal charges because the statute of limitations has expired. Sources/more info: 1 ( 2 ( told him to stop, but he didn\u2019t.\u201d \u2014 Melissa Schuman, former singer ( Brett Ratner (/a/sexual-harassment-assault-allegations- list/brett-ratner) Producer, director Publicly reported November 1, 2017 Multiple women have said he sexually assaulted or harassed them. Sources/more info: 1 ( 2 ( 3 ( don\u2019t know how different would be today \u2014 less hardened, less jaded, more trusting, all those things \u2014 if it never happened.\u201d \u2014 Natasha Henstridge, actress ( allegations-article-1.3605363) Dustin Hoffman (/a/sexual-harassment-assault-allegations- list/dustin-hoffman) Actor Publicly reported November 1, 2017 Multiple women have said he sexually harassed or assaulted them. Sources/more info: 1 ( 2 ( 3 ( \u201cMy heart aches for the awkward virgin with the bad hair who had only been kissed three times in her life, laughing as the man her father\u2019s age talked about breasts and sex want to weep that she found this charming.\u201d \u2014 Anna Graham Hunter, writer ( guest-column-1053466) 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 34/78 Andy Dick (/a/sexual-harassment-assault-allegations-list/andy- dick) Actor and comedian Publicly reported October 31, 2017 Multiple people said he groped and harassed men and women on film sets. He has been fired from two films. Sources/more info: 1 ( 2 ( \u201cHe systematically went woman by woman and just said a bunch of gross things almost mechanically, robotically, and made every single one of them uncomfortable.\u201d \u2014 anonymous, to Vulture ( Jeremy Piven (/a/sexual-harassment-assault-allegations- list/jeremy-piven) Actor Publicly reported October 31, 2017 Multiple women have said he sexually assaulted or harassed them. Sources/more info: 1 ( 2 ( ran outside and hailed a cab and just burst into tears cried the entire way back to my hotel.\u201d \u2014 Tiffany Bacon Scourby, ad executive ( Kevin Spacey (/a/sexual-harassment-assault-allegations- list/kevin-spacey) Actor Publicly reported October 29, 2017 Multiple men have reported that he sexually harassed or assaulted them, or made sexual advances when they were underage. He has been fired from House of Cards and police are investigating. Sources/more info: 1 ( utm_term=.iu423zYw1Y#.nevrx9d73d) 2 ( 3 ( utm_campaign=SocialFlow&utm_source=Twitter&utm_medium=AP) 4 ( 5 ( 6 ( 7 ( 8 ( \u201cWhat he left me with, more than what he took from me, was a sense that deserved this. And that\u2019s the knot I\u2019m still untangling.\u201d \u2014 anonymous, to Vulture ( 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 35/78 Kirt Webster (/a/sexual-harassment-assault-allegations- list/kirt-webster) Publicist Publicly reported October 27, 2017 man has said Webster sexually assaulted him. Webster has stepped away from his firm. Sources/more info: 1 ( misconduct) 2 ( \u201cFor years was so ashamed, and since then, I\u2019ve overdosed once and I\u2019ve slit my wrists another time.\u201d \u2014 Austin Rick, former country singer ( exec-kirt-webster-of-sexual-misconduct) Ken Baker (/a/sexual-harassment-assault-allegations-list/ken- baker) Senior correspondent News Publicly reported October 26, 2017 Two women have said he sexually harassed them. He is not appearing on air while investigates. Sources/more info: 1 ( 2 ( almost feel like it\u2019s a power trip. It\u2019s like can do these things.\u2018\u201d \u2014 anonymous, to the Wrap ( about-a-sex-toy/) Ethan Kath (/a/sexual-harassment-assault-allegations- list/ethan-kath) Co-founder, Crystal Castles Publicly reported October 24, 2017 former bandmate has reported that he raped and physically and psychologically abused her. Sources/more info: 1 ( \u201cIt has taken me years to recover from enduring almost a decade of abuse, manipulation and psychological control am still recovering.\u201d \u2014 Alice Glass, singer ( James Toback (/a/sexual-harassment-assault-allegations- list/james-toback) Director, screenwriter Publicly reported October 22, 2017 More than 200 women have reported unwanted touching or advances, including several who said he masturbated in front of them. He has been dropped by his agent. 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 36/78 Sources/more info: 1 ( 2 ( 3 ( was shocked and frozen and didn\u2019t know what to do thought if resisted, it could get worse.\u201d \u2014 Terri Conn, actress ( story.html) David Blaine (/a/sexual-harassment-assault-allegations- list/david-blaine) Magician Publicly reported October 19, 2017 woman has reported that he raped her. Police are investigating. Sources/more info: 1 ( \u201cAfter this happened didn\u2019t want to go out, and didn\u2019t want to go to my castings wouldn\u2019t get the job because now was insecure.\u201d \u2014 Natasha Prince, art dealer ( Chris Savino (/a/sexual-harassment-assault-allegations- list/chris-savino) Animator; creator, The Loud House Publicly reported October 19, 2017 Multiple women have reported that he sexually harassed them or subjected them to unwanted advances or other inappropriate behavior. He has been fired. Sources/more info: 1 ( had an opportunity to work at Nickelodeon a long time ago and didn\u2019t take the job because knew he would be inside the studio.\u201d \u2014 anonymous, to Cartoon Brew ( allegedly-offered-animation-work-exchange-sexual-favors-154152.html) Bob Weinstein (/a/sexual-harassment-assault-allegations- list/bob-weinstein) Producer; co-founder, the Weinstein Company Publicly reported October 17, 2017 woman has said that he sexually harassed her over a period of months. Sources/more info: 1 ( \u201cHe didn\u2019t want a friendship. He wanted more than that.\u201d \u2014 Amanda Segel, showrunner ( Tyler Grasham (/a/sexual-harassment-assault-allegations- list/tyler-grasham) Former agent 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 37/78 Publicly reported October 17, 2017 Multiple men have said that he sexually assaulted them or made unwanted advances. He has been fired, and police have launched an investigation. Sources/more info: 1 ( 2 ( 3 ( 4 ( told him no but he asked me to cuddle and kiss didn\u2019t want it to ruin my career, so did.\u201d \u2014 Brady Lindsey ( Lars von Trier (/a/sexual-harassment-assault-allegations- list/lars-von-trier) Director Publicly reported October 17, 2017 woman has accused him of a months-long pattern of sexual harassment. Sources/more info: 1 ( 2 ( didn\u2019t comply or agree on being sexually harassed. That was then portrayed as me being difficult. If being difficult is standing up to being treated like that, I\u2019ll own it.\u201d \u2014 Bj\u00f6rk, singer-songwriter ( Roy Price (/a/sexual-harassment-assault-allegations-list/roy- price) Former head, Amazon Studios Publicly reported October 12, 2017 woman has reported that he sexually harassed her. He has resigned from Amazon. Sources/more info: 1 ( 2 ( 3 ( \u201cIt was shocking and surreal.\u201d \u2014 Isa Hackett, executive producer ( top-exec-roy-price-1048060?utm_source=Sailthru&utm_medium=email&utm_campaign=THR%20Breaking%20News_now_2017- 10-12%2014:27:54_ehayden&utm_term=hollywoodreporter_breakingnews) Oliver Stone (/a/sexual-harassment-assault-allegations- list/oliver-stone) Director Publicly reported October 12, 2017 One woman has reported that he groped her, while another said his behavior after a meeting made her uncomfortable. Sources/more info: 1 ( 2 ( 3 ( ref_src=twsrc%5Etfw&ref_url=http%3A%2F%2Fpeople.com%2Fmovies%2Fcarrie-stevens-harvey-weinstein-oliver-stone%2F) 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 38/78 still remember the cocky grin on his face like he got away with something.\u201d \u2014 Carrie Stevens, model and actress ( misconduct) Ben Affleck (/a/sexual-harassment-assault-allegations- list/ben-affleck) Actor Publicly reported October 10, 2017 Two women have reported that he groped them. Sources/more info: 1 ( 2 ( 3 ( ref_src=twsrc%5Etfw&ref_url=https%3A%2F%2F harvey-weinstein-sexual-harassment had to laugh back then so wouldn\u2019t cry.\u201d \u2014 Hilarie Burton, actress ( Nelly (/a/sexual-harassment-assault-allegations-list/nelly) Rapper Publicly reported October 7, 2017 woman has reported that he sexually assaulted her. Sources/more info: 1 ( 2 ( 3 ( \u201cAfterward, Greene says she was screaming she wanted off the bus \u2026 and an entourage member pushed her off, and Nelly threw a $100 bill at her and said, \u2018Bye bye ( Harvey Weinstein (/a/sexual-harassment-assault-allegations- list/harvey-weinstein) Producer; co-founder, the Weinstein Company Publicly reported October 5, 2017 More than 80 women have reported that he sexually harassed, sexually assaulted, or raped them, in incidents dating back decades. He has been fired from the Weinstein Company. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cJust his body, his presence, his face, bring me back to the little girl that was when was twenty-one. [\u2026] When see him, it makes me feel little and stupid and weak.\u201d \u2014 Asia Argento, actress ( weinsteins-accusers-tell-their-stories) 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 39/78 Hadrian Belove (/a/sexual-harassment-assault-allegations- list/hadrian-belove) Former executive managing director, Cinefamily Publicly reported August 23, 2017 woman has reported that he sexually harassed her, and others say he judged female employees on their looks and dated subordinates. He has resigned. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cWhen started volunteering was told he liked to test the new meat.\u201d \u2014 Karina Chacham, former volunteer, Cinefamily ( utm_term=.qfPWBKZkV#.enDOJrjZa) Shadie Elnashai (/a/sexual-harassment-assault-allegations- list/shadie-elnashai) Former vice president, Cinefamily board of directors Publicly reported August 23, 2017 Multiple people have said he inappropriately touched or pursued female subordinates. He has resigned. Sources/more info: 1 ( 2 ( 3 ( \u201cShadie doesn\u2019t watch the movies \u2014 he just hits on girls in the back.\u201d \u2014 anonymous, to BuzzFeed News ( Roman Polanski (/a/sexual-harassment-assault-allegations- list/roman-polanski) Director, producer, writer Publicly reported August 15, 2017 Multiple women have reported that he raped or sexually abused them when they were under 18. He has pleaded guilty to statutory rape. Sources/more info: 1 ( \u201cHow do know there aren\u2019t other victims? How do know that he\u2019s not still doing this?\u201d \u2014 Marianne Barnard, artist ( deserted-beach-10-years-old/) Robert \"R.\" Kelly (/a/sexual-harassment-assault-allegations- list/robert-r-kelly) Singer-songwriter Publicly reported July 17, 2017 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 40/78 Multiple people have accused him of controlling the sex lives and even eating habits of women who live in his properties. He was acquitted in 2008 of child pornography charges. His lawyer, publicist, and assistant have quit, and Spotify has stopped promoting his music. Sources/more info: 1 ( utm_term=.kpQrXj1YE1#.bjlVK6xdPx) 2 ( 3 ( 4 ( \u201cR. Kelly is the sweetest person you will ever want to meet. [\u2026] But Robert is the devil.\u201d \u2014 Asante McGee ( utm_term=.lyYOrOKpJ#.psgJKJazA) \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf Back to 1 / 57 Les Moonves (/a/sexual-harassment-assault-allegations- list/les-moonves) Former Publicly reported August 6, 2018 Multiple women have said he sexually harassed or assaulted them. He has stepped down from CBS. Sources/more info: 1 ( 2 ( harassment-claims) 3 ( \u201cWhat happened to me was a sexual assault, and then was fired for not participating.\u201d \u2014 Illeana Douglas, actress and writer ( of-sexual-misconduct) Kimberly Guilfoyle (/a/sexual-harassment-assault-allegations- list/kimberly-guilfoyle) Former Fox News host Publicly reported July 27, 2018 Multiple people have said she showed colleagues photographs of male genitals, discussed sexual matters at work, or was emotionally abusive. She has left Fox News. Sources/more info: 1 ( \u201cSix sources said Guilfoyle\u2019s behavior included showing personal photographs of male genitalia to colleagues (and identifying whose genitals they were)\u201d \u2014 Yashar Ali, HuffPost ( news_us_5b5a6064e4b0b15aba96f4de) Antonin Kratochvil (/a/sexual-harassment-assault-allegations- list/antonin-kratochvil) Photojournalist 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 41/78 Publicly reported July 16, 2018 Multiple people have said he harassed and groped them or others. He has resigned from the photo agency he helped found. Sources/more info: 1 ( 2 ( [\u2026] didn\u2019t say anything because didn\u2019t want to be seen as, you know, the cliched hysterical woman complaining about things.\u201d \u2014 Anastasia Taylor-Lind, photojournalist ( Christian Rodriguez (/a/sexual-harassment-assault-allegations- list/christian-rodriguez) Photojournalist Publicly reported July 16, 2018 Multiple women say he sexually harassed them, in many cases after offering them mentorship or a job. He has been dropped by the prestigious photographers' collective Prime. Sources/more info: 1 ( 2 ( \u201cHe jumped on the bed, he was on top of me, making pictures.\u201d \u2014 Lina Botero, photographer ( Tom Brokaw (/a/sexual-harassment-assault-allegations- list/tom-brokaw) Journalist; former anchor Nightly News Publicly reported April 26, 2018 Three women have said he made unwanted advances toward them in the 1990s. Sources/more info: 1 ( 2 ( 3 ( felt powerless to say no. He could ruin my career.\u201d \u2014 Linda Vester, former correspondent ( correspondent-1202789627/) Michael Ferro (/a/sexual-harassment-assault-allegations- list/michael-ferro) Former chair, Tronc Publicly reported March 19, 2018 Two women have said Ferro subjected them to unwanted kissing or touching in what they thought were business meetings. Others have said he behaved inappropriately with female employees. He has resigned from Tronc. Sources/more info: 1 ( suddenly realized that was alone in this apartment with him and that it might not be very easy to leave.\u201d \u2014 Kathryn Minshew, startup co-founder ( 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 42/78 Alex Jones (/a/sexual-harassment-assault-allegations-list/alex- jones) Founder, Infowars Publicly reported February 28, 2018 woman has reported that he groped her, sexually harassed her, and made a racist comment toward her, as well as created a hostile work environment for other women. Sources/more info: 1 ( knew that he had specifically touched my behind at that moment as a sly come-on that other people may not notice.\u201d \u2014 Ashley Beckford, former production assistant, Free Speech Systems ( Infowars-employees-claim-Alex-Jones-harassed-them.html) Ryan Seacrest (/a/sexual-harassment-assault-allegations- list/ryan-seacrest host Publicly reported February 26, 2018 woman has reported that he sexually harassed and assaulted her, including groping her and grinding his genitals against her. Sources/more info: 1 ( \u201cAs proud as am and as strong as a woman as am, as smart as am and as much work as I\u2019ve done with therapists, it really affected me.\u201d \u2014 Suzie Hardy, stylist ( Daniel Zwerdling (/a/sexual-harassment-assault-allegations- list/daniel-zwerdling) Former investigative correspondent Publicly reported February 6, 2018 Multiple people have reported that he sexually harassed them or engaged in inappropriate behavior. He has retired from NPR. Sources/more info: 1 ( 2 ( sexual-misconduct-claim) \u201cNow I\u2019m literally afraid of men in the workplace.\u201d \u2014 anonymous, to Current ( Patrick Witty (/a/sexual-harassment-assault-allegations- list/patrick-witty) Photojournalist; former National Geographic photographer Publicly reported January 29, 2018 Multiple women say he subjected them to unwanted kissing or advances. He no longer works at National Geographic. Sources/more info: 1 ( 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 43/78 \u201cIt felt like he didn\u2019t take me or my work seriously.\u201d \u2014 Andrea Wise, photographer and editor ( misconduct) Dayan Candappa (/a/sexual-harassment-assault-allegations- list/dayan-candappa) Chief content officer, Newsweek Media Group; former Americas editor, Reuters Publicly reported January 29, 2018 subordinate at Reuters reported that he repeatedly sexually harassed her. He was removed from his job at Reuters. Newsweek placed him on leave after the Reuters case became public, but reinstated him after an investigation. Sources/more info: 1 ( 2 ( \u201cThe next day in the office, he told her she was \u2018heartbreakingly beautiful,\u2019 according to the complaint.\u201d \u2014 Rossalyn Warren, BuzzFeed News ( utm_term=.unkPVGXGN#.beodeVlVa) Robert Moore (/a/sexual-harassment-assault-allegations- list/robert-moore) Former managing editor, New York Daily News Publicly reported January 22, 2018 Multiple former employees have said he sexually harassed co-workers. He has been fired. Sources/more info: 1 ( complaint) 2 ( 3 ( \u201cHe had all the power there.\u201d \u2014 anonymous, to HuffPost ( Ross Levinsohn (/a/sexual-harassment-assault-allegations- list/ross-levinsohn) Former publisher, Los Angeles Times Publicly reported January 18, 2018 He has been sued in two separate sexual harassment lawsuits. He was placed on unpaid leave at the Los Angeles Times, and then resigned. After an investigation cleared him, he was named of a new unit within the Times\u2019s parent company, Tronc. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cRoss created a definite frat boys' club [\u2026] They openly would rate women.\u201d \u2014 Jessie Dennen, former recruitment chief, Alta Vista ( behavior-trail-la-times-publisher-s-career) 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 44/78 James Rosen (/a/sexual-harassment-assault-allegations- list/james-rosen) Former chief Washington correspondent, Fox News Publicly reported January 10, 2018 Multiple women have reported that he made unwanted advances toward them. He has left Fox News. Sources/more info: 1 ( \u201cIn a shared cab ride back from a meal, Rosen groped her, grabbing her breast. After she rebuffed his advance, Rosen sought to steal away her sources and stories related to his interests in diplomacy and national security.\u201d \u2014 David Folkenflik ( harassment-claims) Kevin Braun (/a/sexual-harassment-assault-allegations- list/kevin-braun) Former editor-in-chief News Publicly reported January 5, 2018 He has been placed on leave to complete treatment for inappropriate behavior, including sexual harassment. Sources/more info: 1 ( \u201cHe will be on an indefinite leave of at least six months to address personal matters that have negatively affected his relationship with the company and our staff.\u201d \u2014 Michael Witt, publisher News ( Steve Butts (/a/sexual-harassment-assault-allegations- list/steve-butts) Former editor-in-chief Publicly reported January 3, 2018 An employee has reported that he committed sexual harassment, and a former employee says he mishandled her report of sexual harassment by another co-worker. He has been fired. Sources/more info: 1 ( utm_campaign=Socialflow_Kotaku_Twitter&utm_source=Kotaku_Twitter&utm_medium=Socialflow) \u201cHe told me, \u2018Don\u2019t be so uptight about it.\u2019\u201d \u2014 Kallie Plagge, editor ( utm_campaign=Socialflow_Kotaku_Twitter&utm_source=Kotaku_Twitter&utm_medium=Socialflow) H. Brandt Ayers (/a/sexual-harassment-assault-allegations- list/h-brandt-ayers) Chair of the Consolidated Publishing Company, which publishes the Anniston Star Publicly reported January 1, 2018 Multiple women say he spanked them against their will when they worked with him at the Anniston Star in Anniston, Alabama. 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 45/78 Sources/more info: 1 ( spanked/) 2 ( ac32-a7243e990784.html) 3 ( accused-of-spanking-female-employees-in-1970s/?utm_term=.edb39ca6070f was still determined to be a reporter after that. [\u2026] But hated Brandy Ayers with every cell in my body.\u201d \u2014 Veronica Pike Kennedy, former Anniston Star reporter ( assaulting-reporters-in-s/article_097db56a-ef17-11e7-ac32-a7243e990784.html) Adrian Carrasquillo (/a/sexual-harassment-assault-allegations- list/adrian-carrasquillo) Former White House correspondent, BuzzFeed News Publicly reported December 27, 2017 co-worker reported receiving an inappropriate message from him. He has been fired. Sources/more info: 1 ( 2017-12) 2 ( \u201cIn responding to a complaint filed last week by an employee, we learned that Adrian violated our Code of Conduct by sending an inappropriate message to a colleague.\u201d \u2014 BuzzFeed spokesperson, to Business Insider ( adrian-carrasquillo-following-harassment-claims-2017-12) Andrew Creighton (/a/sexual-harassment-assault-allegations- list/andrew-creighton) President, Vice Media Publicly reported December 23, 2017 woman said she was fired after she turned down a sexual relationship with him. He has been placed on leave. Sources/more info: 1 ( 2 ( \u201cThere is a toxic environment where men can say the most disgusting things, joke about sex openly, and overall a toxic environment where women are treated far inferior than men.\u201d \u2014 Sandra Miller, former head of branded production, Vice Media ( sexual-harassment.html?_r=0) Mike Germano (/a/sexual-harassment-assault-allegations- list/mike-germano) Chief digital officer, Vice Media Publicly reported December 23, 2017 Two women have reported that he made inappropriate comments or touched them inappropriately. He has been fired. Sources/more info: 1 ( 2 ( 3 ( 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 46/78 \u201cMany women join at an early and vulnerable point in their career. For some, sexual harassment and conscious and unconscious prejudice have overshadowed their future in journalism and severely damaged their confidence.\u201d \u2014 Vice workers, in an open letter ( Rhys James (/a/sexual-harassment-assault-allegations- list/rhys-james) Producer, Vice Media Publicly reported December 23, 2017 woman reported that he made racist and sexist comments to her. He has been placed on leave. Sources/more info: 1 ( \u201cAmong Ms. Fuertes-Knight\u2019s claims were that a Vice producer, Rhys James, had made racist and sexist statements to her, including asking about the color of her nipples and whether she slept with black men.\u201d \u2014 Emily Steel, New York Times ( Jason Mojica (/a/sexual-harassment-assault-allegations- list/jason-mojica) Former head of Vice News Publicly reported December 23, 2017 Multiple women have reported that he subjected them to unwanted touching or advances, or retaliated after a sexual relationship. He has been fired. Sources/more info: 1 ( \u201cAs women, we get harassed everywhere and we don\u2019t feel compelled to report it because it\u2019s not considered a reportable offense.\" \u2014 Abby Ellis, journalist ( Don Hazen (/a/sexual-harassment-assault-allegations-list/don- hazen) Former executive editor, AlterNet Publicly reported December 21, 2017 Multiple women say he sexually harassed them. He has resigned. Sources/more info: 1 ( 2 ( utm_term=.xyMwBwRPo#.jmnP1PNaM) \u201cEvery in-person meeting had with him, which understood to be a requirement of my employment, felt like an excuse for him to sexually harass me.\u201d \u2014 Laura Gottesdiener, journalist ( utm_term=.prwXAXGVm&bftwnews#.sbX2J2Lqm) Leonard Lopate (/a/sexual-harassment-assault-allegations- list/leonard-lopate) Former radio host Publicly reported December 21, 2017 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 47/78 Multiple people say he made inappopriate comments or sexually harassed them. He has been fired. Sources/more info: 1 ( \u201cLeonard definitely said inappropriate things to me and my coworkers lot.\u201d \u2014 anonymous, to ( Jonathan Schwartz (/a/sexual-harassment-assault-allegations- list/jonathan-schwartz) Former radio host Publicly reported December 21, 2017 Two women say he made inappopriate comments to them, and one of them says he also touched her in an unwelcome way. He has been fired. Sources/more info: 1 ( \u201cIt wasn\u2019t the least bit traumatic. It was inappropriate.\u201d \u2014 Kerry Nolan, radio host ( Tavis Smiley (/a/sexual-harassment-assault-allegations- list/tavis-smiley) Host, Tavis Smiley Publicly reported December 13, 2017 Multiple people have said he had sexual relationships with subordinates and created an abusive and threatening environment. His show has been suspended. Sources/more info: 1 ( \u201cSome witnesses interviewed expressed concern that their employment status was linked to the status of a sexual relationship with Smiley.\u201d \u2014 Daniel Holloway, Variety ( Ryan Lizza (/a/sexual-harassment-assault-allegations-list/ryan- lizza) Former reporter, New Yorker Publicly reported December 11, 2017 woman has said he engaged in sexual misconduct. He has been fired by the New Yorker. Sources/more info: 1 ( 2 ( \u201cOur client reported Mr. Lizza\u2019s actions to ensure that he would be held accountable and in the hope that by coming forward she would help other potential victims.\u201d \u2014 Douglas H. Wigdor, lawyer for the accuser ( _r=0) Marshall Faulk (/a/sexual-harassment-assault-allegations- list/marshall-faulk) Analyst Network; former player Publicly reported December 11, 2017 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 48/78 woman has reported that he sexually harassed her. He has been suspended by the Network. Sources/more info: 1 ( \u201cFaulk would ask Cantor \u2018deeply personal and invasive questions\u2019 about her sex life; he also fondled her breasts and groped her behind, according to the complaint.\u201d \u2014 Jordyn Holman and Scott Soshnick, Bloomberg ( alleges-groping-by-top-executive-ex-players) Ike Taylor (/a/sexual-harassment-assault-allegations-list/ike- taylor) Analyst Network; former player Publicly reported December 11, 2017 woman has reported that he sexually harassed her. He has been suspended by the Network. Sources/more info: 1 ( \u201cTaylor sent Cantor \u2018sexually inappropriate\u2019 pictures and a video of him masturbating in the shower, according to the filing.\u201d \u2014 Jordyn Holman and Scott Soshnick, Bloomberg ( alleges-groping-by-top-executive-ex-players) Heath Evans (/a/sexual-harassment-assault-allegations- list/heath-evans) Analyst Network; former player Publicly reported December 11, 2017 woman has reported that he sexually harassed her. He has been suspended by the Network. Sources/more info: 1 ( \u201cIt\u2019s outrageous conduct.\u201d \u2014 Laura Horton, lawyer for Jami Cantor, a former Network stylist who is alleging sexual harassment ( Eric Weinberger (/a/sexual-harassment-assault-allegations- list/eric-weinberger) President, the Ringer; former Network executive producer Publicly reported December 11, 2017 woman has reported that he sexually harassed her. He has been suspended by the Ringer. Sources/more info: 1 ( \u201cWeinberger sent \u2018several nude pictures of himself and sexually explicit texts\u2019 and told Cantor she was \u2018put on earth to pleasure me,\u2019 according to the complaint.\u201d \u2014 Jordyn Holman and Scott Soshnick, Bloomberg ( alleges-groping-by-top-executive-ex-players) 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 49/78 Donovan McNabb (/a/sexual-harassment-assault-allegations- list/donovan-mcnabb) Analyst, ESPN; former player Publicly reported December 11, 2017 woman has reported that he sexually harassed her. He has been suspended by ESPN. Sources/more info: 1 ( \u201cDonovan McNabb, a former analyst, also texted her explicit comments, according to the complaint.\u201d \u2014 Jordyn Holman and Scott Soshnick, Bloomberg ( alleges-groping-by-top-executive-ex-players) Tom Ashbrook (/a/sexual-harassment-assault-allegations- list/tom-ashbrook) Former radio host Publicly reported December 8, 2017 More than 20 current and former employees have said he verbally abused or intimidated them, or subjected them to unwanted touching. After an investigation, he has been fired. Sources/more info: 1 ( 2 ( 3 ( 4 ( worry that Tom\u2019s behavior discourages young women from continuing in journalism.\" \u2014 anonymous, to ( Dylan Howard (/a/sexual-harassment-assault-allegations- list/dylan-howard) Editor, National Enquirer, Us Weekly, and other publications Publicly reported December 6, 2017 Multiple former employees said he sexually harassed women at work. Sources/more info: 1 ( \u201cIt\u2019s almost like had Stockholm syndrome.\u201d \u2014 anonymous, to the ( Lorin Stein (/a/sexual-harassment-assault-allegations- list/lorin-stein) Former editor, Paris Review Publicly reported December 6, 2017 Multiple people have said he made unwanted advances on them, fostered a workplace culture in which looks mattered more than work, or had sex with subordinates. He has resigned. Sources/more info: 1 ( 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 50/78 \u201cHe wanted us to be pretty, he wanted us to act that role, and if we didn\u2019t, we weren\u2019t in the light of favor.\u201d \u2014 Deirdre Foley-Mendelssohn, editor ( smid=tw-share&_r=0) John Hockenberry (/a/sexual-harassment-assault-allegations- list/john-hockenberry) Retired radio host Publicly reported December 1, 2017 Multiple women have said he sexually harassed them or sent unwanted sexual or suggestive messages. He has retired. Sources/more info: 1 ( \u201cHe\u2019d been very supportive of me, and thought he\u2019d only been like that because he wanted to sleep with me.\u201d \u2014 anonymous, to the Cut ( Matt Lauer (/a/sexual-harassment-assault-allegations- list/matt-lauer) Former anchor, Today show Publicly reported November 29, 2017 Multiple women have reported that he sexually harassed or assaulted them, including one who said she passed out during an assault. He has been fired from NBC. Sources/more info: 1 ( utm_term=.rsDwWBw6x#.smoOjYO5Z) 2 ( 3 ( action=Click&contentCollection=BreakingNews&contentID=66154191&pgtype=Homepage&_r=0) \u201cHe couldn\u2019t sleep around town with celebrities or on the road with random people, because he\u2019s Matt Lauer and he\u2019s married. So he\u2019d have to do it within his stable, where he exerted power, and he knew people wouldn\u2019t ever complain.\u201d \u2014 anonymous, to Variety ( Garrison Keillor (/a/sexual-harassment-assault-allegations- list/garrison-keillor) Founding host Prairie Home Companion Publicly reported November 29, 2017 woman reported that he subjected her to unwanted sexual touching. He has been dropped by Minnesota Public Radio and the Washington Post syndicate. Sources/more info: 1 ( 2 ( compa) 3 ( stand-out/?utm_term=.861a89aa22f1) 4 ( simply-touching-a-womans-bare-back/?utm_term=.a40b5a33fa3a) 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 51/78 \u201cMinnesota Public Radio (MPR) is terminating its contracts with Garrison Keillor and his private media companies after recently learning of allegations of his inappropriate behavior with an individual who worked with him.\u201d \u2014 Minnesota Public Radio statement ( garrison-keillor-and-a-prairie-home-compa) Charlie Rose (/a/sexual-harassment-assault-allegations- list/charlie-rose) Former anchor This Morning; former host, Charlie Rose Publicly reported November 20, 2017 Multiple women have said that he sexually harassed them. He has been fired by CBS, PBS, and Bloomberg. Sources/more info: 1 ( and-lewd-calls/2017/11/20/9b168de8-caec-11e7-8321-481fd63f174d_story.html?utm_term=.879296022b7a) 2 ( accusations-n822691) \u201cEverybody is terrified of him. [\u2026] He creates this environment of constant fear. And then he\u2019ll shine a spotlight on you and make you feel amazing.\u201d \u2014 anonymous, to the Washington Post ( harassed-them--with-nudity-groping-and-lewd-calls/2017/11/20/9b168de8-caec-11e7-8321-481fd63f174d_story.html? utm_term=.aa939cb97a9d) Glenn Thrush (/a/sexual-harassment-assault-allegations- list/glenn-thrush) Reporter, New York Times Publicly reported November 20, 2017 Multiple women have said that he made unwanted advances toward them. He was suspended by the New York Times and removed from the White House beat. Sources/more info: 1 ( 2 ( hate feeling obligated to make him think think everything is fine. [\u2026] It\u2019s been this thing hanging over me feel like have to be nice to this person just because he knows people.\u201d \u2014 anonymous, to Vox ( Matt Zimmerman (/a/sexual-harassment-assault-allegations- list/matt-zimmerman) Former executive News Publicly reported November 16, 2017 Multiple people have said he pursued relationships with young women who worked with him, and sent inappropriate text messages. He has been fired. Sources/more info: 1 ( 2 ( 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 52/78 \u201cWe have recently learned that Matt Zimmerman engaged in inappropriate conduct with more than one woman at NBCU, which violated company policy. As a result, he has been dismissed News spokesperson ( claims-1058026) Kaj Larsen (/a/sexual-harassment-assault-allegations-list/kaj- larsen) Former bureau chief, Vice Publicly reported November 15, 2017 woman has reported that he subjected her to unwanted touching and inappropriate sexual comments. He is no longer at the company. Sources/more info: 1 ( \u201cIt felt like a threat. [\u2026] The way he looked at me, the way he grabbed my arm remember feeling scared.\u201d \u2014 Phoebe Barghouty, former Vice associate producer ( vice-of-toxic-sexual-harassment-culture) Vince Ingenito (/a/sexual-harassment-assault-allegations- list/vince-ingenito) Former editor Publicly reported November 13, 2017 woman has reported that he sexually harassed her and a female co-worker. In March, he said he had been laid off. Sources/more info: 1 ( \u201cIt got to the point where couldn\u2019t work for multiple hours a day because was having panic attacks, so decided to quit.\u201d \u2014 Kallie Plagge, editor ( Jann Wenner (/a/sexual-harassment-assault-allegations- list/jann-wenner) Publisher, Rolling Stone Publicly reported November 10, 2017 Multiple people have said he sexually harassed or assaulted them or subjected them to unwanted advances or touching. Sources/more info: 1 ( 2 ( hadn\u2019t known exactly how violating sexual harassment really was until felt the pull inside myself as he dangled that contract in front of my face (at the time was quite desperate for work), while on the other hand was filled with revulsion over his proposition.\u201d \u2014 Ben Ryan, writer ( Michael Hafford (/a/sexual-harassment-assault-allegations- list/michael-hafford) Freelance writer; former \"Male Feminist\" columnist at Broadly, a Vice Media site 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 53/78 Publicly reported November 3, 2017 Multiple women have reported that he raped or abused them. He has been banned from contributing to Vice websites. Sources/more info: 1 ( think was in very deep denial that somebody who everybody knows and likes his writing would be capable of hurting me that much.\u201d \u2014 Helen Donahue, former Vice writer and social media editor ( allegatio-1819266286) David Corn (/a/sexual-harassment-assault-allegations- list/david-corn bureau chief, Mother Jones Publicly reported November 2, 2017 Multiple people have said he engaged in inappropriate workplace behavior, including unwanted touching and rape jokes. Mother Jones investigated previous reports, and did so again when new information surfaced, finding no misconduct. Sources/more info: 1 ( \u201cIn the summer and fall of 2014, some women staffers reported that they had quit pitching stories involving rape because David\u2019s reactions made them so uncomfortable.\u201d \u2014 a former Mother Jones staffer ( 244482) Michael Oreskes (/a/sexual-harassment-assault-allegations- list/michael-oreskes) Former senior vice president of news and editorial director, NPR; former editor, New York Times Publicly reported October 31, 2017 Multiple women have reported that he sexually harassed them. He has resigned from NPR. Sources/more info: 1 ( women/2017/10/31/a2078bea-bdf7-11e7-959c-fe2b598d8c00_story.html?utm_term=.b4dda71446b3) 2 ( \u201cThe worst part of my whole encounter with Oreskes wasn\u2019t the weird offers of room service lunch or the tongue kiss but the fact that he utterly destroyed my ambition.\u201d \u2014 anonymous, to the Washington Post ( harassment-by-two-women/2017/10/31/a2078bea-bdf7-11e7-959c-fe2b598d8c00_story.html?utm_term=.b4dda71446b3) Hamilton Fish (/a/sexual-harassment-assault-allegations- list/hamilton-fish) Former publisher, the New Republic; former president, the Nation Institute Publicly reported October 29, 2017 Multiple people said he subjected female employees to inappropriate remarks, touching, and unfair treatment. He has resigned from the New Republic. Sources/more info: 1 ( 2 ( 3 ( 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 54/78 \u201cIt all took place against a backdrop where there was no personnel handbook and no one in an role.\u201d \u2014 anonymous, to HuffPost ( women_us_59f79183e4b0c0c8e67c258e) Mark Halperin (/a/sexual-harassment-assault-allegations- list/mark-halperin) Political journalist and author Publicly reported October 25, 2017 Multiple women have reported that he sexually harassed them, in some cases by pressing his genitals against them. He has been dismissed by News and MSNBC, and a book and project have been canceled. Sources/more info: 1 ( 2 ( 3 ( \u201cFor the last 11 years have had to watch this guy find success in every other news organization.\u201d \u2014 anonymous, to ( Leon Wieseltier (/a/sexual-harassment-assault-allegations- list/leon-wieseltier) Former literary editor, the New Republic; founding editor, Idea Journal of Politics and Culture Publicly reported October 24, 2017 Multiple women have said he sexually harassed them. The magazine he was to head has been shuttered. Sources/more info: 1 ( 2 ( 3 ( 4 ( didn\u2019t feel like there was ever any recourse for his behavior, because he was treated as a powerful, even untouchable, person, certainly more important and indispensable than me.\u201d \u2014 Katherine Marsh, writer ( Knight Landesman (/a/sexual-harassment-assault-allegations- list/knight-landesman) Former publisher, Artforum Publicly reported October 24, 2017 Multiple women and men have accused him of sexual harassment or unwanted touching. He has resigned. Sources/more info: 1 ( 2 ( \u201cWhenever I\u2019d see him my body would contract in fear so started avoiding him.\u201d \u2014 anonymous ( 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 55/78 Lockhart Steele (/a/sexual-harassment-assault-allegations- list/lockhart-steele) Former editorial director, Vox Media Publicly reported October 20, 2017 former employee has reported unwanted kissing and touching by him. He has been fired. Sources/more info: 1 ( 2 ( \u201c[S]uddenly, in the dark corner of the car, he was kissing my neck.\u201d \u2014 Eden Rohatensky, developer ( fucking-creeps-119f0cbd3f07) Harry Knowles (/a/sexual-harassment-assault-allegations- list/harry-knowles) Founder, Ain't It Cool News Publicly reported September 23, 2017 Multiple women have reported that he sexually harassed or assaulted them. He has stepped down from Ain\u2019t It Cool News. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cHarry sexually harassed me. He has sexually harassed other women in this community for years. This wasn\u2019t an anomaly. He is a predator.\u201d \u2014 Britt Hayes, film writer ( ) Charles Payne (/a/sexual-harassment-assault-allegations- list/charles-payne) Host, Fox Business; contributor, Fox News Publicly reported September 18, 2017 woman says that he raped her, and that Fox retaliated against her when she reported the experience. Payne was suspended but has returned to work following an investigation. Sources/more info: 1 ( _r=0&referer= 2 ( \u201cIn July of 2013 was raped by Charles Payne. [\u2026] In July of 2017 was raped again by Fox News.\u201d \u2014 Scottie Nell Hughes, political commentator ( payne.html?_r=0&referer= Eric Bolling (/a/sexual-harassment-assault-allegations-list/eric- bolling) Former host, Fox News Publicly reported August 4, 2017 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 56/78 Multiple people say he sent unsolicited photos of male genitals to at least 3 colleagues. He has left Fox News, and his show has been canceled. Sources/more info: 1 ( 2 ( 3 ( \u201cThe women did not solicit the messages, which they told colleagues were deeply upsetting and offensive.\u201d \u2014 Yashar Ali, HuffPost ( messages_us_5984d2bbe4b0cb15b1be6d65?hd6) Sean Hannity (/a/sexual-harassment-assault-allegations- list/sean-hannity) Host, Fox News Publicly reported April 21, 2017 former Fox News guest has said he asked her to come back to his hotel, and did not invite her back on his show after she refused. Sources/more info: 1 ( 2 ( 3 ( \u201cAfter said wouldn\u2019t go to his hotel was blacklisted from Fox News.\u201d \u2014 Debbie Schlussel, lawyer and blogger ( harassment-claim-n750211) Bill O'Reilly (/a/sexual-harassment-assault-allegations-list/bill- o-reilly) Former host, Fox News Publicly reported April 1, 2017 Multiple women have said he sexually harassed them. He has been fired from Fox News. Sources/more info: 1 ( 2 ( 3 ( \u201cIt was like street harassment in the office.\u201d \u2014 Perquita Burgess, former Fox temp worker ( sexual-harassment-995841) \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf Back to 1 / 18 Andy Rubin (/a/sexual-harassment-assault-allegations- list/andy-rubin) Former Google executive Publicly reported October 25, 2018 Google employee accused him of coercing her into oral sex, and a company investigation found her claim credible, according to two Google executives. He resigned from Google in 2014 with a $90 million exit package. 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 57/78 Sources/more info: 1 ( \u201cShe agreed to meet him at a hotel, where she said he pressured her into oral sex.\u201d \u2014 New York Times ( Richard DeVaul (/a/sexual-harassment-assault-allegations- list/richard-devaul) Google executive Publicly reported October 25, 2018 woman whom DeVaul had interviewed for a job says he invited her to what she thought was a professional meeting, then asked her to take off her shirt and offered her a back rub. He has apologized for an \u201cerror of judgment,\u201d and Google has taken unspecified \u201ccorrective action.\u201d Sources/more info: 1 ( didn\u2019t have enough spine or backbone to shut that down as a 24-year-old.\u201d \u2014 Star Simpson, engineer ( Amit Singhal (/a/sexual-harassment-assault-allegations- list/amit-singhal) Former Google executive Publicly reported October 25, 2018 An employee said that he groped her, according to three people briefed on the incident. He resigned and received an exit package worth millions of dollars, they said. Sources/more info: 1 ( \u201cIn 2015, an employee said Mr. Singhal groped her at a boozy off-site event attended by dozens of colleagues, said three people who were briefed on the incident.\u201d \u2014 New York Times ( Demos Parneros (/a/sexual-harassment-assault-allegations- list/demos-parneros) Former CEO, Barnes & Noble Publicly reported August 28, 2018 former employee said he sexually harassed her. He was fired for this and other violations of company policies, according to Barnes & Noble. Sources/more info: 1 ( [Parneros was] \u201cterminated for sexual harassment, bullying behavior and other violations of company policies.\u201d \u2014 Barnes & Noble board of directors ( lawsuit.html) Terdema Ussery (/a/sexual-harassment-assault-allegations- list/terdema-ussery) Former president and CEO, Dallas Mavericks; former president of global sports, Under Armour Publicly reported February 20, 2018 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 58/78 Multiple women say he subjected them to unwanted advances or touching, or other inappropriate behavior, while they worked for the Mavericks or Under Armour. Sources/more info: 1 ( 2 ( felt trapped, frozen, scared.\u201d \u2014 anonymous, to Sports Illustrated ( cuban-response) Steve Wynn (/a/sexual-harassment-assault-allegations- list/steve-wynn) Founder, Wynn Resorts; former finance chair, Republican National Committee Publicly reported January 27, 2018 Dozens of people have said that he pressured female employees to perform sex acts, exposed himself, or engaged in unwanted touching. He has resigned from the and from Wynn Resorts. Sources/more info: 1 ( 1516985953) 2 ( 3 ( was not brave enough to say, \u2018How dare you?\u2019\u201d \u2014 Shawn Cardinal, former personal assistant to Wynn's ex-wife ( of-sexual-misconduct-by-las-vegas-mogul-steve-wynn-1516985953) Max Ogden (/a/sexual-harassment-assault-allegations- list/max-ogden) Computer programmer; executive director, Code for Science & Society Publicly reported December 15, 2017 former partner reported that Ogden was sexually abusive, controlling, and coercive. Ogden has stepped down from leadership roles with Code for Science & Society and the Dat Project. Sources/more info: 1 ( 2 ( 3 ( think \u2014 all the time \u2014 about my silence. How it protected him while he abused me & protects him now.\u201d \u2014 Jessica Lord, web developer ( Harold Ford Jr. (/a/sexual-harassment-assault-allegations- list/harold-ford-jr) Former managing director and senior client relationship manager, Morgan Stanley; former representative (D-TN) Publicly reported December 7, 2017 woman has reported that he sexually harassed and intimidated her. He has been fired from Morgan Stanley, but the bank now says he was not fired for sexual misconduct. Sources/more info: 1 ( 2 ( 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 59/78 \u201cThe woman alleged that Ford engaged in harassment, intimidation, and forcibly grabbed her one evening in Manhattan, leading her to seek aid from a building security guard.\u201d \u2014 Yashar Ali, HuffPost ( psa) Sam Isaly (/a/sexual-harassment-assault-allegations-list/sam- isaly) Co-founder, managing partner, OrbiMed Publicly reported December 5, 2017 Multiple people have reported that he sexually harassed female employees. He announced plans to retire. Sources/more info: 1 ( 2 ( harassment-allegations/933808001/) 3 ( 4 ( \u201cIt was like a fact of life that everyone had to accept. Sam just did what he could get away with.\u201d \u2014 Yanping Ren, former OrbiMed intern ( Shervin Pishevar (/a/sexual-harassment-assault-allegations- list/shervin-pishevar) Venture capitalist; co-founder, Sherpa Capital Publicly reported November 30, 2017 Multiple woman say he sexually assaulted or harassed them. He has resigned from Sherpa Capital. Sources/more info: 1 ( multiple-women) 2 ( wanted to get career advice, and it was twisted into something else.\u201d \u2014 anonymous, to Bloomberg ( sexual-misconduct-by-multiple-women) Howie Rubin (/a/sexual-harassment-assault-allegations- list/howie-rubin) Former portfolio manager, Soros Fund Management Publicly reported November 3, 2017 Three women have reported that he raped and beat them. Sources/more info: 1 ( 2 ( \u201cWhile arrogance and self-import may convince certain men otherwise, neither money nor power gives any person the right to victimize a woman.\u201d \u2014 Jeremy Saland, a lawyer for one of the women ( women-in-penthouse-dungeon/) 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 60/78 Caleb Jennings (/a/sexual-harassment-assault-allegations- list/caleb-jennings) Former lead Chicago organizer, Fight for 15 (SEIU) Publicly reported October 24, 2017 Multiple staffers reported that he had a sexist attitude and physically assaulted a female staffer, who was later fired criminal court found him not guilty of assault. He has been fired. Sources/more info: 1 ( \u201cThe sexist and aggressive attitude of Caleb Jennings has created a toxic environment and fear inside the office of the FF15.\u201d \u2014 four Chicago organizers, in an email to SEIU's president ( utm_term=.loVMKgYgn#.fke9KO0OA) Robert Scoble (/a/sexual-harassment-assault-allegations- list/robert-scoble) Blogger; co-founder, the Transformation Group Publicly reported October 19, 2017 Multiple women have reported that he sexually assaulted or harassed them. He has resigned from the Transformation Group. Sources/more info: 1 ( 2 ( 3 ( 4 ( allegations/789071001/) \u201cIt made me sick to work with him, but also he was offering so much help. [\u2026] As women we sometimes have to make tough choices. Do want to call him out, or do want to advance my career?\u201d \u2014 anonymous, to TechCrunch ( women-after-going-sober/) Scott Courtney (/a/sexual-harassment-assault-allegations- list/scott-courtney) Former executive vice president, Service Employees International Union (SEIU) Publicly reported October 19, 2017 Multiple people have said he had a history of relationships with young female staffers, who were later promoted. He has resigned. Sources/more info: 1 ( 2 ( \u201cQuestions were raised about Executive Vice President Scott Courtney relating to a romantic relationship between a staff person and a supervisor.\u201d \u2014 Mary Kay Henry international president ( utm_term=.kamE9wKw5#.wbXe01w1v) Chris Sacca (/a/sexual-harassment-assault-allegations- list/chris-sacca) Retired venture capital investor 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 61/78 Publicly reported June 30, 2017 woman reported that he touched her face without her consent. Sources/more info: 1 ( 2 ( \u201cThere is such a massive imbalance of power that women in the industry often end up in distressing situations.\u201d \u2014 Susan Wu, entrepreneur and investor ( sexual-harassment.html?_r=0) Dave McClure (/a/sexual-harassment-assault-allegations- list/dave-mcclure) Investor; co-founder, 500 Startups Publicly reported June 30, 2017 woman has reported that he sexually assaulted her, and another says he made an unwanted advance. He has said he made inappropriate advances to multiple women and has resigned from 500 Startups. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cIt\u2019s the worst position to be in when you feel helpless about something you know was outright wrong.\u201d \u2014 Cheryl Yeoh, entrepreneur ( Justin Caldbeck (/a/sexual-harassment-assault-allegations- list/justin-caldbeck) Co-founder, former managing partner, Binary Capital Publicly reported June 24, 2017 Multiple women have said he made unwanted advances toward them. He has resigned from Binary Capital. Sources/more info: 1 ( 2 ( \u201cWhile we\u2019re happy that he apologized and we\u2019re happy especially for the support of the amazing women and men, our strong preference would have been to not be in this position to begin with.\u201d \u2014 Leiti Hsu, co-founder of the startup Journy ( making-unwanted-advances/) Travis Kalanick (/a/sexual-harassment-assault-allegations- list/travis-kalanick) Founder, Uber Publicly reported June 17, 2017 female employee has said he visited a bar with escort services, along with her and other employees, making her uncomfortable. Multiple employees also reported discrimination, sexual harassment, and a toxic environment at the company. Kalanick has resigned. 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 62/78 Sources/more info: 1 ( 2 ( 3 ( \u201cEvery time something ridiculous happened, every time a sexist email was sent, I\u2019d sent a short report to just to keep a record going.\u201d \u2014 Susan J. Fowler, former Uber engineer ( uber ) \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf Back to 1 / 46 Eric Bauman (/a/sexual-harassment-assault-allegations- list/eric-bauman) Former chair, California Democratic Party Publicly reported November 28, 2018 Multiple people say he made sexually explicit comments in the workplace and other professional settings, and engaged in unwanted touching. He has resigned. Sources/more info: 1 ( 2 ( felt really embarrassed, almost ashamed, and uncomfortable.\u201d \u2014 Grace Leekley, temporary party staffer ( 20181128-story.html) Albert J. Alvarez (/a/sexual-harassment-assault-allegations- list/albert-j-alvarez) Former chief of staff, New Jersey Schools Development Authority Publicly reported October 10, 2018 woman has said he sexually assaulted her when they both worked on New Jersey Gov. Phil Murphy\u2019s campaign. He has resigned from his position with the New Jersey schools. Sources/more info: 1 ( criminal-allegation-642671?mod=article_inline) 2 ( straight up said: \u2018This is not consensual.\u2019\u201d \u2014 Katie Brennan, chief of staff, New Jersey Housing and Mortgage Finance Agency ( assault-accusation-in-new-jersey-exposes-a-national-dilemma-1539542172) Charles Schwertner (/a/sexual-harassment-assault-allegations- list/charles-schwertner) Texas state senator (R-Georgetown) Publicly reported September 25, 2018 graduate student at Austin said he sent her an explicit text message Austin investigation found it was \u201cplausible\u201d that a third party had sent the message, though Schwertner did not fully cooperate with the investigation. 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 63/78 Sources/more info: 1 ( misconduct-claim/asnidSImg1fcb2FNBZ8iCO/) 2 ( \u201cPlease stop the inappropriate texts, it is unprofessional.\u201d \u2014 anonymous, graduate student, in a message to Schwertner ( related-investigation-charles-schwertner/) Brett Kavanaugh (/a/sexual-harassment-assault-allegations- list/brett-kavanaugh) Supreme Court justice Publicly reported September 14, 2018 woman has said he sexually assaulted her, another has said he thrust his genitals in her face without her consent, and others have said they witnessed abusive or inappropriate behavior by him. After a hearing and investigation into some of the allegations, he was confirmed to the Supreme Court. Sources/more info: 1 ( kavanaugh-stirs-tension-among-democrats-in-congress) 2 ( about-her-allegation-of-sexual-assault/2018/09/16/46982194-b846-11e8-94eb-3bd52dfe917b_story.html) 3 ( supreme-court-nominee-brett-kavanaughs-college-years-deborah-ramirez) 4 ( 5 ( thought that Brett was accidentally going to kill me.\u201d \u2014 Christine Blasey Ford, psychology professor ( statement-for-senate-hearing) David Keyes (/a/sexual-harassment-assault-allegations- list/david-keyes) Former spokesperson for Prime Minister Benjamin Netanyahu of Israel Publicly reported September 11, 2018 woman has said he sexually assaulted her, and three others have said he tried to bully them into sex. He has resigned as Netanyahu\u2019s spokesperson. Sources/more info: 1 ( \u201cIt was completely nonconsensual.\u201d \u2014 Julia Salazar, New York state Senate candidate ( israel.html) Tom Frieden (/a/sexual-harassment-assault-allegations- list/tom-frieden) Former director, Centers for Disease Control and Prevention Publicly reported August 24, 2018 woman reported that he groped her. He has been charged with sexual abuse, forcible touching, and harassment. 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 64/78 Sources/more info: 1 ( idUSKCN1L91PV) 2 ( saw his face again and realized all this man had been doing was protecting himself.\u201d \u2014 the woman who has reported that Frieden groped her ( busted-groping-20180824-story.html) Nick Sauer (/a/sexual-harassment-assault-allegations- list/nick-sauer) Former state representative, Illinois (R-51st district) Publicly reported August 1, 2018 An ex-girlfriend has said he posted nude photos of her on a fake Instagram account without her consent. He has resigned. Sources/more info: 1 ( 2 ( \u201cNick would use [a fake Instagram account] to direct message men with my photos to engage in graphic conversations of a sexual nature.\u201d \u2014 Kate Kelly, ex-girlfriend of Nick Sauer ( Corey Coleman (/a/sexual-harassment-assault-allegations- list/corey-coleman) Former personnel chief, Federal Emergency Management Agency Publicly reported July 30, 2018 He is under investigation in connection with allegations that he sexually harassed an employee and created an environment in which women were hired as possible sex partners for male employees. He has resigned from FEMA. Sources/more info: 1 ( employees-agency-chief-says/2018/07/30/964da518-9403-11e8-80e1-00e80e1fdf43_story.html?utm_term=.8feb29dc11f9) 2 ( complaints/2018/08/02/52d9785e-964f-11e8-810c-5fa705927d54_story.html?utm_term=.b182fd5f90b3) \u201cWhat we uncovered was a systemic problem going back years.\u201d \u2014 William \"Brock\" Long administrator ( some-as-possible-sexual-partners-for-male-employees-agency-chief-says/2018/07/30/964da518-9403-11e8-80e1- 00e80e1fdf43_story.html?utm_term=.8feb29dc11f9) Mel Watt (/a/sexual-harassment-assault-allegations-list/mel- watt) Director, Federal Housing Finance Agency (Democrat) Publicly reported July 27, 2018 An employee has said he sexually harassed her. He is under investigation. Sources/more info: 1 ( metoo-story/?utm_term=.6010e94fbbba) 2 ( 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 65/78 felt vulnerable and unsafe.\u201d \u2014 Simone Grimes, supervisory program management analyst ( watches-kavanaugh-senate-hearing-house-will-hear-another-metoo-story/?utm_term=.6010e94fbbba) Curtis Hill (/a/sexual-harassment-assault-allegations- list/curtis-hill) Attorney general, Indiana (Republican) Publicly reported July 2, 2018 lawmaker, two staffers, and another woman have said he touched them inappropriately. He is under criminal investigation. Sources/more info: 1 ( 2 ( hill/868706002/) 3 ( appointed/826870002/) \u201c[H]e grabbed my hand and moved both of our hands over my butt, lingering there before releasing me.\u201d \u2014 Niki DaSilva, Indiana state Senate aide ( memo-detailing-allegations-against-hill/868706002/) Eric Schneiderman (/a/sexual-harassment-assault-allegations- list/eric-schneiderman) Former attorney general, New York (D) Publicly reported May 7, 2018 Multiple women have said he physically abused them, in some cases during sex. He has resigned. After an investigation, prosecutors announced he would not face criminal charges. Sources/more info: 1 ( 2 ( 3 ( \u201cTaking a strong woman and tearing her to pieces is his jam.\u201d \u2014 Michelle Manning Barish, writer and activist ( attorney-general-of-physical-abuse) Clay Johnson (/a/sexual-harassment-assault-allegations- list/clay-johnson) Political technoogy expert; former lead programmer, Howard Dean campaign Publicly reported May 4, 2018 Two women have said he sexually assaulted them, and others have said he made inappropriate sexual comments. Sources/more info: 1 ( 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 66/78 \u201c[B]efore could say anything, the next thing remember is was pinned on his bed.\u201d \u2014 Sarah Schacht, former Howard Dean campaign staffer ( dean-campaign_us_5aebb6d7e4b0c4f1932090ac?pdb) Tony C\u00e1rdenas (/a/sexual-harassment-assault-allegations- list/tony-cardenas representative (D-CA) Publicly reported April 27, 2018 woman has sued, alleging that an unnamed elected official sexually assaulted her when she was a teenager. C\u00e1rdenas has confirmed he is the subject of the suit, though he denies the allegations. Sources/more info: 1 ( 2 ( abuse/2018/05/03/0f2ef7d8-4f04-11e8-af46-b1d6dc0d9bfe_story.html?utm_term=.2d65cb07fae2) \u201cThe suit alleges sexual battery, assault and intentional infliction of emotional distress.\u201d \u2014 Dakota Smith, Los Angeles Times ( Benton Strong (/a/sexual-harassment-assault-allegations- list/benton-strong) Former associate director for communications, Center for American Progress Action Fund; former employee, Seattle Office of Sustainability and Energy Publicly reported April 23, 2018 Two women have reported that he made inappropriate comments or sent unwanted, sexually explicit text messages. Another woman reported that he harassed and assaulted her after a breakup in college. He has resigned from his job with the city of Seattle. Sources/more info: 1 ( utm_term=.ovxDYDMne#.vp8QvQOwn surely expected better out of an organization that housed a national campaign on sexual assault.\u201d \u2014 Mary, in a memo to ( utm_term=.ovxDYDMne#.vp8QvQOwn) Benjamin Sparks (/a/sexual-harassment-assault-allegations- list/benjamin-sparks) Political adviser Publicly reported April 4, 2018 Sparks\u2019s ex-fianc\u00e9e has said that he sexually enslaved and battered her. He has been fired from the consulting firm where he was the political affairs director and has been charged with misdemeanor domestic battery. Sources/more info: 1 ( her-his-sex-slave/) 2 ( woman-his-sex-slave/) 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 67/78 \u201cOver the last month it escalated into very rough sex where he\u2019d actually hurt me.\" \u2014 anonymous, to the Las Vegas Review-Journal ( says-las-vegas-gop-campaign-adviser-made-her-his-sex-slave/) Nicholas Kettle (/a/sexual-harassment-assault-allegations- list/nicholas-kettle) Former Rhode Island state senator (R-Coventry) Publicly reported February 19, 2018 He has been charged with video voyeurism for allegedly sending nude photos of a woman without her knowledge, and with extorting sex from a teenage state House page. He has resigned. Sources/more info: 1 ( 2 ( house-page) 3 ( \u201cMr. Kettle stated that he needed to be \u2018stealthy\u2019 and was asking [the friend] for advice on how to take a video without [his girlfriend] knowing.\u201d \u2014 Robert Hopkins, Rhode Island state police detective ( girlfriend-to-married-friend/?utm_medium=social&utm_source=twitter_StephMachado) Ed Crane (/a/sexual-harassment-assault-allegations-list/ed- crane) Co-founder, Cato Institute Publicly reported February 8, 2018 Multiple woman say he sexually harassed them, and others say he made inappropriate comments about women\u2019s bodies and clothing in the workplace. Sources/more info: 1 ( utm_content=buffer16e91&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer) \u201cThe minute she left he turned to all the men in the room and went, \u2018Man, I\u2019d love to have her sit on my face.\u2018\u201d \u2014 anonymous, to Politico ( utm_content=buffer16e91&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer) Cristina Garcia (/a/sexual-harassment-assault-allegations- list/cristina-garcia) California state Assembly member (D) Publicly reported February 8, 2018 Multiple men have reported that she groped them or made unwanted advances. Sources/more info: 1 ( 2 ( spin-the-bottle-complaint-says/?utm_term=.b3da754dce8d) \u201cShe looked at me for a second and said, \u2018I\u2019ve set a goal for myself to fuck you.\u2019\u201d \u2014 anonymous, to Politico ( 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 68/78 Burns Strider (/a/sexual-harassment-assault-allegations- list/burns-strider) Former adviser, Hillary Clinton presidential campaign (2008); former leader, Correct the Record Publicly reported January 26, 2018 woman reported that he sexually harassed her while they worked on the Clinton campaign, and multiple former colleagues say he was fired from Correct the Record after sexual harassment allegations there. Sources/more info: 1 ( 2008.html?smid=tw-share) \u201cShe told a campaign official that Mr. Strider had rubbed her shoulders inappropriately, kissed her on the forehead and sent her a string of suggestive emails\u201d \u2014 Maggie Haberman and Amy Chozick, New York Times ( to-shield-a-top-adviser-accused-of-harassment-in-2008.html?smid=tw-share) Patrick Meehan (/a/sexual-harassment-assault-allegations- list/patrick-meehan representative (R-PA) Publicly reported January 20, 2018 former aide reported that he made unwanted advances toward her. He has been removed from the House Ethics Committee and will not seek reelection. Sources/more info: 1 ( 2 ( \u201cMr. Meehan professed his romantic desires for her \u2014 first in person, and then in a handwritten letter \u2014 and he grew hostile when she did not reciprocate, the people familiar with her time in the office said.\u201d \u2014 Katie Rogers and Kenneth P. Vogel, New York Times ( harassment.html) Jeffrey Klein (/a/sexual-harassment-assault-allegations- list/jeffrey-klein) New York state senator (D-Bronx) Publicly reported January 10, 2018 woman says he forcibly kissed her. The New York state Democratic Party has called for an investigation. Sources/more info: 1 ( 2 ( \u201cAll of a sudden there was a hand on the back of my head and he shoved his tongue down my throat.\u201d \u2014 Erica Vladimer, former New York state Senate staffer ( misconduct_us_5a5531cbe4b03417e872f80e?4ps) Eric Greitens (/a/sexual-harassment-assault-allegations- list/eric-greitens) Governor, Missouri (R) Publicly reported January 10, 2018 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 69/78 According to an investigative report, he coerced a woman into oral sex, claimed to have taken a compromising photo of her, and threatened to release it if she told anyone. He has been charged with invasion of privacy. Sources/more info: 1 ( 2 ( 3 ( \u201cHe stepped back saw a flash through the blindfold and he said: \u2018you\u2019re never going to mention my name, otherwise there will be pictures of me everywhere.\u2019\u201d \u2014 anonymous, on a tape obtained by ( affair#.WlbpAn6BIAA.twitter) Corey Lewandowski (/a/sexual-harassment-assault-allegations- list/corey-lewandowski) Political commentator; former campaign manager for Donald Trump Publicly reported December 22, 2017 woman has filed a sexual assault complaint against him, saying he slapped her twice on the buttocks. Sources/more info: 1 ( 2 ( 3 ( \u201cIt was completely demeaning and shocking.\u201d \u2014 Joy Villa, singer ( Andrea Ramsey (/a/sexual-harassment-assault-allegations- list/andrea-ramsey) Former candidate for the House of Representatives (D-KS) Publicly reported December 15, 2017 man has reported that she sexually harassed him and retaliated when he rejected her advances. She has dropped out of her congressional race. Sources/more info: 1 ( \u201cAfter rejected her, she told me she now was hearing bad things about my performance and on June 13, 2005, terminated my employment.\u201d \u2014 Gary Funkhouser, former employee, LabOne ( Bobby Scott (/a/sexual-harassment-assault-allegations- list/bobby-scott representative (D-VA) Publicly reported December 15, 2017 woman reports that he sexually harassed her. Sources/more info: 1 ( denied-lawmaker/955214001/) 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 70/78 was propositioned to have a sexual relationship with my boss that did not want was retaliated against was wrongfully terminated and was blackballed.\u201d \u2014 M. Reese Everson, author and attorney ( alleges-sexual-harassment-strongly-denied-lawmaker/955214001/) Ed Murray (/a/sexual-harassment-assault-allegations-list/ed- murray) Secretary of state, Wyoming (R) Publicly reported December 14, 2017 woman says that he sexually assaulted her. Sources/more info: 1 ( assaulted/article_2f1faf41-90a7-52b4-b6c6-bbf374843977.html#utm_source=trib.com&utm_campaign=%2Femail- updates%2Fbreaking%2F&utm_medium=email&utm_content was disgusted and horrified.\u201d \u2014 Tatiana Maxwell, real estate developer ( secretary-of-state-ed-murray-sexually-assaulted/article_2f1faf41-90a7-52b4-b6c6- bbf374843977.html#utm_source=trib.com&utm_campaign=%2Femail- updates%2Fbreaking%2F&utm_medium=email&utm_content=) Dan Johnson (/a/sexual-harassment-assault-allegations- list/dan-johnson) Former state representative (R-KY) Publicly reported December 12, 2017 woman reported that he sexually assaulted her when she was 17. He killed himself shortly after the allegations were published. Sources/more info: 1 ( 2 ( resign/) 3 ( his-widow-calls-it-a-high-tech-lynching/?utm_term=.de8f0844cfb5) \u201cWhat you did was beyond mean, it was evil.\u201d \u2014 Maranda Richmond, in a message to Johnson ( Alex Kozinski (/a/sexual-harassment-assault-allegations- list/alex-kozinski) Retired judge Court of Appeals for the Ninth Circuit Publicly reported December 9, 2017 Multiple former employees have said he showed them pornography, touched them inappropriately, or made inappropriate sexual comments to them. He has retired. Sources/more info: 1 ( misconduct/2017/12/08/1763e2b8-d913-11e7-a841-2066faf731ef_story.html?utm_term=.48dd2ff565cf) 2 ( 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 71/78 3 ( allegations) \u201cIt wasn\u2019t just clear that he was imagining me naked, he was trying to invite other people \u2014 my professional colleagues \u2014 to do so as well.\u201d \u2014 Emily Murphy, former clerk ( kozinski-accused-of-sexual-misconduct/2017/12/08/1763e2b8-d913-11e7-a841-2066faf731ef_story.html?utm_term=.c956f1b10870) Trent Franks (/a/sexual-harassment-assault-allegations- list/trent-franks) Former representative (R-AZ) Publicly reported December 7, 2017 House sources said that he approached two female staffers about acting as a gestational surrogate for his wife and him. He has resigned. Sources/more info: 1 ( 2 ( 3 ( was asked a few times to look over a \u2018contract\u2019 to carry his child, and if would conceive his child would be given $5 million.\u201d \u2014 anonymous, to ( Borris Miles (/a/sexual-harassment-assault-allegations- list/borris-miles) State representative (D-TX) Publicly reported December 6, 2017 Multiple people have said that he subjected women to unwanted advances, sexual comments, or forcible kissing. Sources/more info: 1 ( just remember thinking need to go, and need to not be here anymore.\u2019\u201d \u2014 anonymous, to the Daily Beast ( capitol) Carlos Uresti (/a/sexual-harassment-assault-allegations- list/carlos-uresti) State representative (D-TX) Publicly reported December 6, 2017 Two women have reported that he sexually harassed them. Sources/more info: 1 ( \u201cHe put his hands on me, he ogled me would not get in an elevator with him.\u201d \u2014 anonymous, to the Daily Beast ( capitol) Matt Dababneh (/a/sexual-harassment-assault-allegations- list/matt-dababneh) Former California state Assembly member (D) 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 72/78 Publicly reported December 4, 2017 woman has reported that he exposed himself to her and masturbated in front of her, and another has said he harassed her. He has resigned. Sources/more info: 1 ( bathroom/) 2 ( \u201cDuring the time he blocked me in that room, my instincts were focused on escaping without physical contact and in a way that would not cause a scene.\u201d \u2014 Pamela Lopez, lobbyist ( harassed-her-in-a-bathroom/) Rub\u00e9n Kihuen (/a/sexual-harassment-assault-allegations- list/ruben-kihuen representative (D-NV); former Nevada state senator Publicly reported December 1, 2017 Two women have reported that he sexually harassed them. Sources/more info: 1 ( utm_term=.iiPJY3D5AD#.uuJqGL8648) 2 ( \u201cYou don\u2019t really know what to say when a senator tells you, like, \u2018Nice ass.\u2019\u201d \u2014 anonymous, to the Nevada Independent ( persistent-unwanted-sexual-advances) Blake Farenthold (/a/sexual-harassment-assault-allegations- list/blake-farenthold representative (R-TX) Publicly reported November 30, 2017 former staffer sued him, alleging gender discrimination, sexual harassment, and creating a hostile work environment. He used taxpayer money to settle the claim. He will not seek reelection. Sources/more info: 1 ( 2 ( 3 ( \u201cIt\u2019s definitely turned my life upside down.\u201d \u2014 Lauren Greene, former communications director for Farenthold ( sexual-harass-greene-278869) John Conyers (/a/sexual-harassment-assault-allegations- list/john-conyers) Former representative (D-MI) Publicly reported November 20, 2017 Multiple former employees have said he sexually harassed female staffers. He has resigned. 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 73/78 Sources/more info: 1 ( 2 ( 3 ( 4 ( says/2017/12/05/17057ea0-d9bb-11e7-a841-2066faf731ef_story.html?utm_term=.37d0bbc4ae44 was basically blackballed. There was nowhere could go.\" \u2014 anonymous, to BuzzFeed ( utm_term=.jaYwr3D3b#.uxxxQ5g5V) Wesley Goodman (/a/sexual-harassment-assault-allegations- list/wesley-goodman) Former state representative (R-OH) Publicly reported November 17, 2017 man reported that Goodman groped him, and multiple men said he sent them unwanted or inappropriate sexual or suggestive messages. He quit after it was revealed that he had a consensual sexual encounter with a man in his office. Sources/more info: 1 ( gop-star/2017/11/17/b3b4b8da-c956-11e7-b0cf-7689a9f2d84e_story.html) 2 ( goodman/) 3 ( male.html) \u201cHe also asked how much \u2018p******y was getting and wondering what was doing on Friday and Saturday nights.\u201d \u2014 anonymous, to ( gop-rep-wes-goodman/) Al Franken (/a/sexual-harassment-assault-allegations-list/al- franken senator (D-MN) Publicly reported November 16, 2017 Multiple women have reported that he groped or otherwise harassed them. He has announced that he will resign from Congress. Sources/more info: 1 ( 2 ( 3 ( was stunned and incredulous felt demeaned felt put in my place.\u201d \u2014 anonymous former elected official in New England, to Jezebel ( franken-tried-to-g-1820849687) Jeff Kruse (/a/sexual-harassment-assault-allegations-list/jeff- kruse) Oregon state senator (R-Roseburg) Publicly reported November 15, 2017 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 74/78 Two women have reported that he sexually harassed or inappropriately touched them. He has been relieved of committee assignments and is under investigation. Sources/more info: 1 ( 2 ( \u201cWhat made all of this worse is that not only was continuing to experience this behavior, [\u2026] but was witnessing this happen to other women.\u201d \u2014 Sara Gelser, Oregon state senator (D-Corvallis) ( Calvin Smyre (/a/sexual-harassment-assault-allegations- list/calvin-smyre) Georgia state representative (D-Columbus) Publicly reported November 10, 2017 woman reported that he sexually assaulted her. Sources/more info: 1 ( 2 ( 3 ( \u201cHow many stories of assault and harassment have never been told because of political connections?\u201d \u2014 Jehmu Greene, political commentator ( Steve Lebsock (/a/sexual-harassment-assault-allegations- list/steve-lebsock) Former state representative, Colorado (D-Thornton) Publicly reported November 10, 2017 Multiple women have reported that he sexually harassed them. The Colorado House of Representatives has voted to expel him. Sources/more info: 1 ( 2 ( 3 ( \u201cOn Monday, for the first time in nearly two years, I\u2019m going to come to a building where I\u2019m not going to be worried about retaliation from someone stood up to.\u201d \u2014 Faith Winter, Colorado state representative ( Roy Moore (/a/sexual-harassment-assault-allegations-list/roy- moore) Former judge; 2017 Senate candidate Publicly reported November 9, 2017 Multiple women have said he sexually abused or assaulted them, or pursued them sexually or romantically when they were teenagers. Sources/more info: 1 ( 32/2017/11/09/1f495878-c293-11e7-afe9-4f60b5a6c4a0_story.html?tid=sm_tw&utm_term=.512aedc10bfb) 2 ( 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 75/78 felt like had done something bad. And it kind of set the course for me doing other things that were bad.\u201d \u2014 Leigh Corfman, customer service representative ( initiated-sexual-encounter-when-she-was-14-he-was-32/2017/11/09/1f495878-c293-11e7-afe9-4f60b5a6c4a0_story.html? tid=sm_tw&utm_term=.d9990836f257) Dwayne Duron Marshall (/a/sexual-harassment-assault- allegations-list/dwayne-duron-marshall) Former chief of staff to Rep. Brenda Lawrence (D-MI) Publicly reported November 7, 2017 Multiple women have said he made inappropriate comments or engaged in unwanted touching in the workplace. He has resigned. Sources/more info: 1 ( 2 ( \u201cShe\u2019s complicit because she knows. [\u2026] She knows he makes comments. She knows he rubs the back and rubs the shoulders.\u201d \u2014 anonymous, about Rep. Lawrence, to Politico ( aide-244617) Tony Mendoza (/a/sexual-harassment-assault-allegations- list/tony-mendoza) California state senator (D-Artesia) Publicly reported November 7, 2017 Multiple people have said that he behaved inappropriately with a female legislative fellow and other staffers. He is under investigation and has been stripped of his leadership positions. Sources/more info: 1 ( 1513299672-htmlstory.html) 2 ( 3 ( 1517619265-htmlstory.html) \u201cShe said she feared for her job if she refused the invitations.\u201d \u2014 Patrick McGreevy, Los Angeles Times ( mendoza-under-investigation-for-1517619265-htmlstory.html) Raul Bocanegra (/a/sexual-harassment-assault-allegations- list/raul-bocanegra) Former California state Assembly member (D) Publicly reported October 27, 2017 Multiple women have reported that he groped them or made unwanted advances. He has resigned. Sources/more info: 1 ( 2 ( election/) 3 ( misconduct/) 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 76/78 \u201cHe grabbed me with one hand, grabbed my head and shoved his tongue into my mouth.\u201d \u2014 Sylvia Castillo, former student mentorship program coordinator ( lawmaker-accused-of-groping-fellow-staffer-will-not-run-for-re-election/) George H.W. Bush (/a/sexual-harassment-assault-allegations- list/george-h-w-bush) Former president Publicly reported October 25, 2017 Multiple women have said he groped them during photo ops. Sources/more info: 1 ( 2 ( \u201cAt the very moment when was feeling honored to be recognized for my work and to raise money for this important organization that believe in, President Bush made clear to me that because am a woman can be objectified, sexualized, reduced to a body part.\u201d \u2014 Christina Baker Kline, novelist ( Donald Trump (/a/sexual-harassment-assault-allegations- list/donald-trump) President of the United States Publicly reported October 15, 2017 More than a dozen women have accused him of sexual assault, harassment, or other misconduct. Sources/more info: 1 ( 2 ( 3 ( her-consent-the-white-house-denies-the-charge/2019/02/25/fe1869a4-3498-11e9-946a-115a5932c45b_story.html? utm_term=.a63ec198874b) \u201cHe was like an octopus. [\u2026] His hands were everywhere.\u201d \u2014 Jessica Leeds, businesswoman ( hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region®ion=top-news&WT.nav=top- news) \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf Back to 1 / 40 Alec Klein (/a/sexual-harassment-assault-allegations-list/alec-klein) Professor, Medill School of Journalism, Northwestern University Publicly reported February 7, 2018 Multiple women have reported that he subjected them to unwanted touching or advances, or other inappropriate behavior. absence. 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 77/78 \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf WRITING: Anna North, Constance Grady, Laura McGann, Aja Romano EDITING: Michelle Garcia, Susannah Locke, Eleanor Barkhorn DESIGN: Amanda Northrop, Christina Animashaun DEVELOPMENT: Ryan Mark, Kavya Sukumar EDITING: Tanya Pai LEAD: Kainaz Amaria Images: AP, Getty Images, Vjeran Pavic, Wikicommons ( Terms of Use ( \u2022 Privacy Policy ( \u2022 \u00a9 Vox Media, Inc. ( All rights reserved Sources/more info: 1 ( assault) 2 ( \u201cSome of us have had to seek counseling and therapy in the aftermath of his behavior. This has to stop.\u201d \u2014 ten of Klein's former students, in a letter to Northwestern officials ( northwestern-journalism-professor-alec-klein-of-sexual-harassment-and-assault) 2/16/25, 11:26 Alec Klein, journalism professor, sexual misconduct allegations 78/78", "8121_106.pdf": "Northwestern University is investigating allegations of sexual misconduct and bullying made in an open letter signed by 10 women, who include newly graduated students and former employees. The women accused Alec Klein, the director of the school's prestigious Medill Justice Project, of \"harassing\" and \"predatory\" behavior. The letter, which was sent to school administrators in early February, said that Klein \"attempted to kiss a prospective employee, prior to hiring her\" and that he \"made sexually graphic remarks at work.\" It also details other allegations and said students were \"belittled, insulted and berated.\" The women said they had contacted the Office of Equity and school's Title office about Klein before. The Title office responded to one accuser and said there was not enough evidence to support the accusation that Klein had violated the school\u2019s sexual harassment policy. Complaints to the Office of Equity resulted in the investigator writing that there was \u201cinsufficient information warranting a formal investigation\u201d but saying that the university would conduct an \u201cinformal action\u201d in which Klein was informed of concerns, advised on the school's policies, and told of ways to change his conduct. Related: Dartmouth College Professors Investigated for Alleged Sexual Misconduct Klein, who has taken a leave of absence while the university conducts the investigation, denies the allegations and attributed many of the accusations to a \"disgruntled former employee.\" \u201cAs a journalist, professor and father, Alec Klein has tried to teach his students \u2013 and his 9-year- old son and a 10-year-old daughter -- that information needs to be verified before being made By Kiara Alfonseca March 3, 2018, 1:30 / Updated March 3, 2018, 1:30 Northwestern opens investigation after Medill professor accused of harassment Ten women accused the director of the school's prestigious Medill Justice Project of \"harassing\" and \"predatory\" behavior 2/16/25, 11:26 Northwestern opens investigation after Medill professor accused of harassment 1/4 public,\u201d Klein\u2019s attorney, Andrew T. Miltenberg, said in a statement to News. \u201cHe supports the #MeToo Movement and the determination to root out misconduct. He also believes anyone who is accused of misconduct deserves to be heard under our system of justice. In the rush to judgment, Alec should expect the same -- to be heard and to clear his name of these allegations, which are untrue.\u201d The women said in the letter that a larger \"whisper network\" of stories from the school's journalism students propelled them to make their concerns public. Olivia Pera, one of the letter's signees, said she previously filed a complaint with Northwestern's Department of Human Rights that resulted in a settlement of $8,000 to compensate for the salary she would have received had she not quit her position at Medill due to alleged harassment. \u201cWe just kept hearing more stories and it was something that we had talked about for years,\u201d said Knight, a former Medill student. \u201cHis behavior troubled us so much and in some situations, it had done real damage.\u201d The Northwestern University campus sign can be seen outside of Ryan Field on Nov. 8, 2014. Scott Boehm file 2/16/25, 11:26 Northwestern opens investigation after Medill professor accused of harassment 2/4 With so many complaints, the letter's signees wanted further action. \u201cThis is a place of learning,\u201d said Knight. \u201cThe stakes are even higher. When [Klein] engages in this confidence crushing behavior, it has real consequences. It can be really damaging.\u201d Related: Campaign calls on colleges to 'end rape culture' Knight said approximately 18 women have come out with their own stories after the letter went public, sending feedback to the email address listed on the open letter. Signees say these women have reported or talked to people from different offices and departments and claim the lack of communication to the school\u2019s Title office is partly to blame for the school's inaction. \u201cHow many women needed to come forward in order for [Northwestern] to believe one?\u201d said Pera. Under Title IX, students and employees are protected against discrimination based on sex. Federally funded educational programs are required to \u201ctake steps to protect its students from sexual abuse by its employees,\u201d according to the U.S. Department of Education. Anita Hill: After 26 years wasn't 'surprised' by #MeToo stories Anita Hill: After 26 years wasn't 'surprised' by #MeToo stories 01:11 01:11 2/16/25, 11:26 Northwestern opens investigation after Medill professor accused of harassment 3/4 \u201cNorthwestern is committed to fostering an environment in which all members of our community are safe, secure, and free from sexual misconduct of any form,\u201d wrote Northwestern\u2019s Vice President for University Relations, Alan K. Cubbage. \u201cThe University takes seriously all complaints that are brought to its attention and investigates those allegations promptly and thoroughly. College officials would not respond to questions regarding past inaction against Klein due to the ongoing investigation. Neena Chaundry, senior adviser for education for the National Women's Law Center, said it's not the burden of the students to create a healthy environment, but that Title requires schools promote compliance of the law within its halls and prevent these alleged behaviors proactively. Title requirements extend beyond just an investigation, it also mandates the school provide services for victims and complainants. \"The law has always said that you have to take action as soon as you know or have reason to know or should know,\" said Chaundry. 2/16/25, 11:26 Northwestern opens investigation after Medill professor accused of harassment 4/4", "8121_107.pdf": "Women accusing Northwestern University professor of misconduct speak about allegations By Leah Hope Thursday, February 8, 2018 EVANSTON, Ill. (WLS) -- The Northwestern University professor accused of inappropriate conduct has taken a leave of absence university spokesman said Northwestern Professor Alec Klein requested the leave until an investigation is complete. The Northwestern University professor accused of inappropriate conduct has taken a leave of absence. 24/7 Live 10\u00b0 2/16/25, 11:26 Women accusing Northwestern University professor of misconduct speak about allegations - ABC7 Chicago 1/5 Thursday some of the women who made the accusations spoke. Two local journalists became the interview subjects. Kalyn Belsha and Alison Flowers want their stories told and other women's stories heard about alleged abusive behavior by Northwestern Professor Alec Klein. They were graduate students excited to be in Klein's class with his notable journalism career. Flowers also worked with Klein. \"It's outrageous that he remains at Medill and it's time for him to go,\" said Alison Flowers. Northwestern University acknowledged a new investigation after ten women wrote a letter accusing Klein of being inappropriate with female students and staff. Some of the allegations included sexually suggestive conduct. They allege the university knew about complaints against Klein but didn't take action. \"This is someone that we have heard time and time again that's had inappropriate conduct with students, either bullying, harassing them and in some cases touching them inappropriately,\" said Kalyn Belsha. Kalyn Belsha recalled an uncomfortable story she said Klein shared when only the two of them were alone in his office. 2/16/25, 11:26 Women accusing Northwestern University professor of misconduct speak about allegations - ABC7 Chicago 2/5 \"He told this story about how one time he really wanted to kiss this woman and he got up really close to me and started telling me about how he wanted to kiss this woman and instead he gave her a Hershey's Kiss and it was very uncomfortable because we were sitting right next to each other.\" said Belsha. Olivia Pera said she quit working with Klein after repeated inappropriate and unwanted touching and talk. \"Saying inappropriate stuff, mentioning his sex life to me, asking me about my sex life,\" said Olivia Pera. She said her sexual harassment complaint in 2015 did not affect change, but she hopes something changes now. \"What do gain from making all these allegations up don't gain anything had the worst six months of my life working there,\" said Pera. Northwestern University said they are investigating allegations made in the past two days. The allegations came in an open letter addressed to school administrators, signed by 10 women who said they were students of or worked for journalism professor Alec Klein, the head of Northwestern's Medill Justice Project. Klein has been recognized nationally for his work with the project, which has helped exonerate wrongfully-convicted inmates. 2/16/25, 11:26 Women accusing Northwestern University professor of misconduct speak about allegations - ABC7 Chicago 3/5 No one responded to our request for an interview. The women who wrote the letter said they have heard from 14 more women with allegations against Klein. Report a correction or typo Copyright \u00a9 2025 WLS-TV. All Rights Reserved. Related Topics Topics Home Weather Traffic Watch Photos Apps Regions Chicago & Suburban Cook Co. North Suburbs West Suburbs South Suburbs Indiana More Content 2/16/25, 11:26 Women accusing Northwestern University professor of misconduct speak about allegations - ABC7 Chicago 4/5 Privacy Policy Do Not Sell or Share My Personal Information Children's Privacy Policy Your State Privacy Rights Terms of Use Interest-Based Ads Public Inspection File Applications Copyright \u00a9 2025 ABC, Inc Chicago. All Rights Reserved. Local News U.S. & World I-Team Politics Entertainment Consumer & Business Company About ABC7 Chicago ABC7 Newsteam Bios Community Journalism Listings ABC7 Jobs - Internships Contests, Promotions & Rules Community 2/16/25, 11:26 Women accusing Northwestern University professor of misconduct speak about allegations - ABC7 Chicago 5/5", "8121_108.pdf": "Northwestern professor Alec Klein: \u2018Unfounded #MeToo accusations destroyed my life By Dana Kennedy Published Dec. 26, 2020, 8:49 a.m 7 Catholic schools announce in past month alone they are... JPMorgan analyst fired after publicly questioning CEO\u2026 Elon silenc conse News Metro Long Island Politics World News 2/16/25, 11:27 Alec Klein: 'Unfounded #MeToo accusations destroyed my life' 1/8 When college professor Alec Klein learned that accusations of sexual harassment and bullying against him had gone public, he curled up in a fetal position in a darkened room in his home in Glencoe, Ill understood there was nothing could do about what was happening,\u201d Klein, 53, writes in his new memoir, \u201cAftermath: When It Felt Like Life Was Over\u201d (Fidelis Books), out now was a realist. My life was destroyed \u2026 The pain was particularly excruciating because wasn\u2019t driven by things like money and glory; what did mattered. It was who was.\u201d In March 2018, Klein officially landed in the crosshairs of the #MeToo movement. He was \u2014 unfairly, he says \u2014 accused of sexual misconduct by students and staffers at Northwestern University\u2019s Medill School of Journalism, where he had taught for almost 10 years and where, he said, he had received only stellar evaluations from his students. Professor Alec Klein righted wrongs at Northwestern University's Medill School of Journalism -- until a group of students came for him, accusing him of sexual harassment. As he writes in his book, \"Aftermath,\" he quit rather than fight the allegations. Josh Letchworth/Redux for Post; Chris Walker/Chicago Tribune via Seven more massage therapists accuse Justin Tucker of disturbing sexual misconduct Married cops arrested for having sex in front of kids released from jail \u2014 but banned from seeing children without permission Ravens\u2019 Justin Tucker facing new sexual misconduct allegations from additional massage therapists 2/16/25, 11:27 Alec Klein: 'Unfounded #MeToo accusations destroyed my life' 2/8 After resigning under pressure from the school where he led the Medill Justice Project for 7 years, Klein said he \u201clost everything.\u201d Once a Washington Post reporter and Pulitzer Prize nominee who had investigated cases of people wrongfully accused of crimes, Klein said he suddenly became the kind of person he used to write about. \u201cCancel culture is a phrase but what happens to the real people who are canceled?\u201d Klein asked The Post. \u201cEven very high- profile individuals have for the most part just up and disappeared. It\u2019s dangerous. Anyone can get canceled over anything. It\u2019s the weaponization of the Internet and it\u2019s scary.\u201d Ten women who either studied under or worked with Klein at Medill made the initial accusations against him, in a letter sent to the dean of the Medill School of Journalism in February 2018, during the height of #MeToo. \u201cToday, we are writing to tell you that Alec Klein\u2019s time is up,\u201d the letter read. \u201cHis harassing behavior. His predatory behavior. His controlling, discriminatory, emotionally and verbally abusive behavior has to end. We all know about it. We\u2019ve experienced it. It\u2019s time you heard us. It\u2019s time you listened.\u201d Among the allegations in the letter: Author Alec Klein with his dog, Rosie. Josh Letchworth/Redux for Post 3 Klein attempted to kiss a prospective employee, prior to hiring her. On the same occasion, he asked if she smoked marijuana and asked to smoke with her and ordered her several cocktails. He asked a female employee to come to his hotel room \u201cfor drinks\u201d on a business trip. He gave unwanted neck massages while a female employee was trying to work. He made sexually graphic remarks at work. He frequently commented on employees\u2019 physical attractiveness, appearances, attire and bodies. He sent texts \u201cintended for his wife\u201d to a female student. He asked an employee if she was a stripper. 2/16/25, 11:27 Alec Klein: 'Unfounded #MeToo accusations destroyed my life' 3/8 The letter also stated that Klein \u201cbelittled, insulted and berated\u201d students and called him a \u201cliability and a predator.\u201d On March, 19 more women came forward with a second letter \u2014 sent to Northwestern as well as the media. Again they accused Klein of inappropriate touching, making sexually suggestive comments, holding extended closed-door meetings and creating a \u201chostile, discriminatory work environment.\u201d Klein denied the accusations. In the book, he writes that the accusers used as part of their ammo allegations made against him by a former employee in 2015. She had been his administrative assistant and accused him of making sexual advances both when she applied to work at the Medill Justice Project, and later while she was employed there. Northwestern investigated the woman\u2019s claims but was unable to substantiate them, according to a statement made by university officials. Klein writes that the university also caught her in a number of documented lies. He said he was shocked that the \u201cuniversity did not even lift a finger when it should be defending him even after deciding that those allegations were false three years ago.\u201d As news of the allegations spread, Klein describes how quickly he began to feel like a pariah, both in his neighborhood and professional life, as both friends and colleagues distanced themselves or dropped him outright. \u201cWhat do you do when you feel like your life is over?\u201d Klein writes in the book. \u201cFor several months, my answer: Plant my head \u2014 face-first \u2014 into the fibers of the dining room rug as lie for hours at a stretch. This pose was aided by a heavy dosage of Xanax. And alcohol. Which, according to the fine print, would give me seizures, death, or a deep slumber was left with the latter.\u201d He said he felt suicidal but was beaten to the punch by his father, Ed Klein, the former editor of The New York Times Magazine, who took a hundred sleeping pills and put a plastic bag over his head not long before his son was to be interrogated by university officials in May 2018. The elder Klein survived and his son wondered for a time if he \u201ctried to end it all because he knew didn\u2019t have the courage to do it.\u201d Klein eventually did submit to the university inquiry, which he called a \u201cKafkaesque investigation\u201d that involved answering questions both about his time at Medill as well as his personal life as a college student himself. \u2018There is no due process when it comes to #MeToo \u2026 It was surreal and crazy.\u2019 - disgraced professor Alec Klein on the era of cancel culture 2/16/25, 11:27 Alec Klein: 'Unfounded #MeToo accusations destroyed my life' 4/8 He claimed that university investigators ignored 10 years of what he claimed were glowing evaluations by students, including from some students who later accused him of misconduct. In 2016, as a result of investigative work done by Klein and his students at the Medill Justice Project, a judge vacated the conviction of a daycare worker accused of shaking a baby to death. But \u201cthere is no due process when it comes to #MeToo,\u201d Klein writes had hundreds of pages of records and e-mails that contradicted the allegations. It didn\u2019t matter. It was surreal and crazy. In the midst of this terrible hurricane, lawyers say you have to honor the process. If you try to fight it back against the #MeToo gale force, it makes it worse.\u201d Northwestern has never said what conclusions the school reached in its internal investigation. Several women told a few media outlets like Teen Vogue that the school had found Klein to be in violation of the school\u2019s sexual-harassment policy but Northwestern officials never confirmed that publicly. Calls and e-mail requests sent to the Medill School of Journalism by The Post were not answered. Ten women who either studied under or worked with Klein at the Medill School of Journalism made accusations of sexual harassment against him. David Banks 3 2/16/25, 11:27 Alec Klein: 'Unfounded #MeToo accusations destroyed my life' 5/8 Klein decided to resign rather than fight the accusations because of the \u201cterrible toll\u201d the situation was taking on his family. Oddly, according to Klein, his wife Julie-Ann was one of the few people in his life who did not desert him \u2014 and in fact urged him to fight back. The couple had split up prior to Klein\u2019s issues with Medill but he moved back into the family home after his resignation from the school. It was not to resume his marriage, he said, but to save money and \u201cco-parent\u201d their daughter, now 13, and son, now 11. The two were still living together although legally separated until last month, when Klein moved out of state to look for work. \u201cOne unlikely source of support didn\u2019t bail on me: Julie-Ann,\u201d Klein writes. \u201cShe may have hated my guts on a daily basis. She may have wanted to pummel my face every so often if it were legal. But that was for the detritus of our marriage, not this.\u201d Late in 2018, Klein began commuting back and forth to Oklahoma from Illinois, where he helped launch a nonprofit that helps wrongfully convicted or excessively sentenced prisoners (many of them women) regain their freedom. He said he also became religious after first reading Lee Strobel\u2019s \u201cThe Case for Christ\u201d in 2016 and forged a new and closer bond with his father. The two even formed a type of private detective agency with a biblical title: Matthew 56 Investigations. During a phone interview with The Post, Klein sounded both broken but also strangely at peace and without bitterness. He said he\u2019s deliberately chosen not to be angry or vengeful. But he does want to warn people about what, he said, could happen to anyone. \u201cPeople were accused of being communists at the height of McCarthyism,\u201d he said. \u201cIt was only much later that people said it was crazy. The same kind of thing is happening again. They\u2019re coming for you and who knows how long it will take this time for it to be stopped , 12/26/20 3 Man wins $250K after losing job and dad to COVID-19 2/16/25, 11:27 Alec Klein: 'Unfounded #MeToo accusations destroyed my life' 6/8 'White Lotus' Season 3 is finally here \u2014How to watch for free, release time 2/16/25, 11:27 Alec Klein: 'Unfounded #MeToo accusations destroyed my life' 7/8 \u00a9 2025 Holdings, Inc. All Rights Reserved Terms of Use Membership Terms Privacy Notice Sitemap Your California Privacy Rights Chevy Chase attends 50' special after slamming show \u2014 and nearly coming to blows with Bill Murray 2/16/25, 11:27 Alec Klein: 'Unfounded #MeToo accusations destroyed my life' 8/8", "8121_109.pdf": "Identity 2/16/25, 11:27 Women Speak Out About Former Northwestern Professor Alec Klein's Alleged Sexual Harassment | Teen Vogue 1/23 Women Speak Out About Former Northwestern Professor Alec Klein's Alleged Sexual Harassment wasn\u2019t the first and wasn\u2019t the last 23, 2018 Looking back, Olivia Pera said the first red flag should have been that Alec Klein kept inviting her to be alone with him. Her first job interview with the man she would later work for was in his office, a typical spot for something like that to take place. The second, she said, was at a restaurant near Northwestern University, where Klein was a professor at the Medill School of Journalism, Media, Integrated Marketing Communications, as well as director of the school\u2019s prize-winning program, the Medill Justice Project, an investigative journalism center aimed at helping people wrongfully convicted of crimes. Olivia tells Teen Vogue that Klein didn\u2019t offer her a job during this second interview, but he did offer her food, beer, and details about his marriage, she said. It was when they were in his car together after having cocktails at a hotel bar \u2014 Olivia\u2019s third interview with Klein \u2014 that he offered her a job at 11:58 p.m., she said. Along with that, she alleges that he told her he was romantically attracted to her and offered her a kiss. She says that the alleged harassment continued after she accepted the job \u2014 one that would pay her significantly more than her previous one, and help her put money in the bank to care for her son. During her employment as a program assistant for the Medill Justice Project, Olivia claimed, Alec sexually harassed her, including asking for hugs after granting days off, remarks about her appearance, questions about her sexual preferences, overtures about his sex life, inappropriate touching, and more. 2/16/25, 11:27 Women Speak Out About Former Northwestern Professor Alec Klein's Alleged Sexual Harassment | Teen Vogue 2/23 In June, Northwestern University found Klein to be in violation of the school\u2019s sexual harassment policy, as well as its policy on civility and mutual respect, according to several women involved. This finding came after a Title investigation conducted within the school in which there were reportedly 22 complainants. As of August 10, university spokesman Jon Yates confirmed to Teen Vogue that Klein no longer works at the university. The Daily Northwestern reports a spokesperson said there will be no appeals process and the university considers the matter closed. This comes after what multiple women said was years of abuse by Klein, and multiple complaints about his action. Olivia complained to the university in 2015, but was found to be without merit. Others said they too complained, but nothing came of it. Now, after the investigation, the official complaints, two letters in which 29 women accused Klein of misconduct, changed careers, changed college majors, and trauma, Klein is gone. \u201cEarlier this year, Northwestern University received allegations of inappropriate conduct by Alec Klein, a professor in the Medill School of Journalism, Media, Integrated Marketing Communications. The University takes seriously all complaints that are brought to its attention and investigated those allegations promptly and thoroughly, following established University procedures,\u201d a statement from Yates to Teen Vogue said. \u201cThe University concluded its investigation in June. As of today (Friday, Aug. 10), Professor Klein is no longer employed by Northwestern University, and will not be present on Northwestern\u2019s campus or attend any University events.\u201d In a statement sent to Teen Vogue via text message, Klein said he resigned from his position have voluntarily resigned effective August 10, 2018, because believe it is in the best interests of all involved as pursue other endeavors.\u201d When Olivia, who said she was not part of the school\u2019s most recent Title investigation, heard Northwestern found Klein to have violated the sexual harassment policy, she said it felt like a slap in the face. She had reported his behavior years before the 2018 investigation, she said, and was not believed. 2/16/25, 11:27 Women Speak Out About Former Northwestern Professor Alec Klein's Alleged Sexual Harassment | Teen Vogue 3/23 wasn\u2019t the first and wasn\u2019t the last,\u201d she said wasn\u2019t the only one. So, shame on Northwestern.\u201d __ In February, 10 Medill alumni and former staff wrote a letter to Medill School of Journalism\u2019s then-dean Bradley J. Hamm and Northwestern University provost Jonathan Holloway accusing Klein of sexual harassment, predatory behavior, emotionally and verbally abusive behavior, discrimination, and controlling behavior. In March, 19 more women joined the group that had come to be known as \u201cMedill Me Too,\u201d alleging similar behavior and patterns outlined in the initial letter. The second wave of accusers signed on to the movement anonymously. Klein vehemently denied these allegations numerous times. He denied them when they first came out, threatening legal action against his accusers. (He also sent Teen Vogue 17 positive reviews of his class by former students.) When the 19 additional accusers came forward, Klein\u2019s lawyer, Andrew T. Miltenberg, said in a statement to the Daily Northwestern and Teen Vogue that the accusers were continuing \u201cwholesale butchery\u201d of his client\u2019s life. Still, Klein took a leave of absence from his position in February. In July, the university issued a statement apologizing to its current and former students and employees for the \u201dexperiences that they went through,\u201d but did not comment on the results of its investigation, which wrapped up in June, according to several women involved. In August, came the end. 2/16/25, 11:27 Women Speak Out About Former Northwestern Professor Alec Klein's Alleged Sexual Harassment | Teen Vogue 4/23 But in the beginning, Klein was named director of the Medill Justice Project in 2011, charged with \u201crevamping its operations across the board, instituting new policies and procedures and overhauling its website, introducing long-form investigative articles, videos, podcasts and other multimedia, social media and a series of other innovations and reforms,\u201d according to the university\u2019s website. Under his charge, the program has won numerous awards, and uncovered evidence that played a role in one person\u2019s release from prison. After Klein took hold, one former student said \u201cit was very clear he was the person holding this organization together.\u201d According to 10 interviews with Klein\u2019s accusers, he displayed patterns of behavior that were described as manipulative, \u201cinappropriate,\u201d and \u201cbullying.\u201d Multiple accusers say Klein sexually harassed them, touching them inappropriately or telling them private details of his life and asking for details of theirs. At best, Klein\u2019s accusers described their experiences with him as \u201cuncomfortable.\u201dAt worst, these experiences were described as PTSD-inducing. 2/16/25, 11:27 Women Speak Out About Former Northwestern Professor Alec Klein's Alleged Sexual Harassment | Teen Vogue 5/23 One of the women who signed onto the anonymous letter, and who asked to remain anonymous for this story, said she knew Klein for what she described as a \u201cdecent amount of time\u201d before their relationship soured. \u201cHe started being creepy to me when he saw me dressed up,\u201d she told Teen Vogue. \u201cHe would not stop talking about how great looked. Once would have been fine. But he was repeatedly coming back to how great looked.\u201d The woman recalled Klein telling her she shouldn\u2019t date college boys, and asking about the status of her relationship. Another time they saw each other, the woman alleged Klein said he bet there were a lot of boys who were romantically interested in her, and asked whether she would be good at interpreting their feelings feel like he was implying he had those feelings [for me],\u201d she said. While many accused Klein of making comments that were romantic or sexual in nature, others said it was his hostility that was uncomfortable. Another of Klein\u2019s accusers, Alison Flowers, who worked as a research associate for Klein, told Teen Vogue she was often the target of his anger. \u201cIt was one of the worst professional experiences of my life,\u201d she said was constantly on edge.\u201d __ Olivia Pera says she knew Klein crossed a line. \u201cHe said he had doubts about hiring me because it was a conflict of interest since he said he was attracted to me,\u201d Olivia wrote in an email to Teen Vogue. \u201cHe attempted to kiss me in the car and remarked that was pretty, beautiful, him wanting to marry me. He also mumbled some very personal details about his sexual activity.\u201d Olivia described the work environment under Klein as \u201cunbearably toxic.\u201d She complained to the university after leaving her job on April 1, 2015. An investigation by Northwestern\u2019s Title Investigator for the Office of Sexual Harassment Prevention and the Office of Student Conduct in 2015 found Olivia\u2019s claims to be without merit university representative declined to say why this finding was made, though an 2/16/25, 11:27 Women Speak Out About Former Northwestern Professor Alec Klein's Alleged Sexual Harassment | Teen Vogue 6/23 email to Olivia from the investigator claims emails called into question the timeline or validity of some of her allegations. In contrast, the investigator indicated in the same email that Klein was found to be credible in this specific investigation, and that he had provided documentation to back up his testimony. Klein, in a statement to Teen Vogue, \u201ccategorically\u201d denied her allegations. The doctors say have PTSD. On July 2, 2015, Olivia took her complaint to the Illinois Department of Human Rights, claiming Klein\u2019s alleged sexual harassment and discriminatory treatment left her \u201cno other alternative but to resign.\u201d As a result of this complaint, she settled with Northwestern and Alec Klein for $8,000. In an interview with Teen Vogue and in diary entries and emails she sent, Olivia outlined a pattern of harassment and abuse by Klein. Olivia says she was traumatized by the alleged unwanted touching and emotional abuse that she believed stemmed from her rebuffing Klein\u2019s advances. \u201cI\u2019m still in counseling for this,\u201d Olivia told Teen Vogue. \u201cThe doctors say have PTSD.\u201d In a statement to Teen Vogue on February 7, Klein denied the allegations made in the first letter sent by Medill Me Too, which Olivia signed, saying that \u201cmany of the allegations involved a disgruntled former employee who had been on a corrective- action plan for poor work performance several years ago.\u201d Olivia said he was referencing her. But she said she signed the letter because she wanted others who may have experienced similar harassment to know they aren\u2019t alone. \u201cThis whole experience changed everything,\u201d Olivia said. \u201cWhy would make up these gross, graphic details [went public with my story] because felt when it was happening\u2026 it felt surreal. He felt so comfortable felt he did it before wasn\u2019t the first and not the last. That\u2019s why spoke out.\u201d __ 2/16/25, 11:27 Women Speak Out About Former Northwestern Professor Alec Klein's Alleged Sexual Harassment | Teen Vogue 7/23 do think Alec\u2019s actions and the way he behaved did affect my experience professionally at Northwestern. Klein is far from the only professor to be accused of sexual harassment or misconduct on the job. Professors at the University of Texas at Austin, Harvard University, the University of California Los Angeles, and many more have all been accused in recent months. In each of the above cases, the accused disputed or disagreed with their accusers recollections of events. One woman who anonymously signed the second letter accusing Klein of abuse, and who asked to remain anonymous for this article, said she hadn\u2019t given her interaction with him too much thought until the #MeToo movement picked up. She ultimately decided not to pursue journalism after her stint at Medill, Klein was not the deciding factor that pushed her from a career in the profession \u2014 but he was a factor won\u2019t say this made me move away from investigative journalism, but freshman year\u2026 those interactions with Alec... it made me turn away from it,\u201d she said took a job [on campus] not in journalism, not academic at all do think Alec\u2019s actions and the way he behaved did affect my experience professionally at Northwestern.\u201d Another woman, who also asked to remain anonymous, told Teen Vogue that her experience with Klein made her \u201cextremely cynical about journalists.\u201d She said she dropped out of Northwestern\u2019s journalism program after her second year, adding it wasn\u2019t because of Klein that she left but that he \u201cperhaps was a large influence.\u201d \u201cI\u2019m happy with my life feel successful,\u201d she said. \u201cBut it could have gone a completely different way if had been comfortable at Medill.\u201d Others said they assumed Klein\u2019s alleged comments about their appearance, taking them to dinner, or inappropriate touching was normal. They thought that, they said, because they didn\u2019t have prior professional experience to tell them otherwise. Some said they brushed off Klein\u2019s alleged overtures because they wanted to give him the benefit of the doubt. Others said they wanted to succeed in journalism, and thought his approval would help. 2/16/25, 11:27 Women Speak Out About Former Northwestern Professor Alec Klein's Alleged Sexual Harassment | Teen Vogue 8/23 How people are treated early in their work life can influence the kind of behavior they\u2019re more likely to think of as normal later in life. According to recent survey data from The Restaurant Opportunities Centers United, women who were tipped workers early in their lives were more likely to live with sexual harassment and inappropriate behavior in the workplace down the line \u2014 ostensibly because sexual harassment is so rampant in tipped industries that it became expected. It\u2019s not just tipped workers. According to a 2017 study published in the journal Gender & Society, women who are sexually harassed at work are 6.5 times more likely than women who are not harassed to change careers. This, the study\u2019s authors wrote in an article about the research, can result in financial hardship or financial loss, along with women changing careers and potentially abandoning their goals. Inside Higher Education pointed out that professors, particularly those with clout, maintain a power imbalance with students that\u2019s hard to challenge if the line is crossed in terms of sexual harassment. Of course, there must be checks and balances when leveling accusations against anyone. \u201cYou wouldn\u2019t want a system where willy nilly anyone can say anything,\u201d Northwestern University journalism professor Donna Leff told Teen Vogue. But in the case of Alec Klein, she said don\u2019t think that\u2019s what\u2019s going on here.\u201d Leff had initially heard the allegations against Klein \u201cas grapevine gossip.\u201d Some had also heard of Klein\u2019s alleged behavior through the rumor mill. Others said they were shocked when the allegations against him came forward. For those who had heard the allegations in private, it was no surprise when they were made public. One woman said she \u201cknew something like this would happen.\u201d Another woman said she was \u201cwaiting for his name to be in the news.\u201d \u201cThat\u2019s kind of how these things always go, isn\u2019t it?\u201d she said. \u201cThere\u2019s never just one.\u201d Related: Northwestern University Professor Alec Klein Accused of Sexual Misconduct Let us slide into your DMs. Sign up for the Teen Vogue daily email. Get the Teen Vogue Take. Sign up for the Teen Vogue weekly email. 2/16/25, 11:27 Women Speak Out About Former Northwestern Professor Alec Klein's Alleged Sexual Harassment | Teen Vogue 9/23 Brittney McNamara is an award-winning journalist who has been reporting on health issues, including mental health, reproductive rights, sexual assault and LGBTQ+ identity since 2014. In her current role as the features director at Teen Vogue, McNamara investigated the #MeToo movement on college campuses; reported on abortion access under the ... Read more Read More 2/16/25, 11:27 Women Speak Out About Former Northwestern Professor Alec Klein's Alleged Sexual Harassment | Teen Vogue 10/23 Entertainment \"It's our job to disappear into these people.\" Ariana Grande, Cynthia Erivo, Jonathan Bailey, Ethan Slater, Jeff Goldblum and Marissa Bode have truly cast a spell on us with their performances in 'Wicked.' From the auditio\u2026 How Ariana Grande & Cynthia Erivo Became Glinda & Elphaba in 'Wicked' \ud83d\udc96\ud83d\udc9a 2/16/25, 11:27 Women Speak Out About Former Northwestern Professor Alec Klein's Alleged Sexual Harassment | Teen Vogue 11/23 Style So, Jacob Elordi Has a Beard Now 2/16/25, 11:27 Women Speak Out About Former Northwestern Professor Alec Klein's Alleged Sexual Harassment | Teen Vogue 12/23 Style It's monochrome\u2026ish Jennie Kim's Latest Is a Masterclass in Spicing Up a Tonal Look 2/16/25, 11:27 Women Speak Out About Former Northwestern Professor Alec Klein's Alleged Sexual Harassment | Teen Vogue 13/23 Identity What to Do Before Trump Takes Office in January 2/16/25, 11:27 Women Speak Out About Former Northwestern Professor Alec Klein's Alleged Sexual Harassment | Teen Vogue 14/23 Style Perfect for the Short 'n Sweet tour Hailey Bieber's Concert 'Fit Features Both Lace and Faux Fur 2/16/25, 11:27 Women Speak Out About Former Northwestern Professor Alec Klein's Alleged Sexual Harassment | Teen Vogue 15/23 Style Corset? Check. Lace? Check. Pants? Uh-oh Demi Lovato's Corset Look Takes the No-Pants Trend to the Next Level 2/16/25, 11:27 Women Speak Out About Former Northwestern Professor Alec Klein's Alleged Sexual Harassment | Teen Vogue 16/23 Style Previously the star said all his ink would be gone by the time he turned 30 \u2014 and he\u2019s pretty close Pete Davidson Just Showed Off His Tattoo Removal Progress 2/16/25, 11:27 Women Speak Out About Former Northwestern Professor Alec Klein's Alleged Sexual Harassment | Teen Vogue 17/23 Entertainment How well do you Kit Connor & Rachel Zegler? The 'Romeo + Juliet' stars answer a slew of questions about each others' daily lives, personalities, work styles and more. What do they think about to cry on stage? What's a fun\u2026 Kit Connor & Rachel Zegler Expose Each Other With Personal Questions 2/16/25, 11:27 Women Speak Out About Former Northwestern Professor Alec Klein's Alleged Sexual Harassment | Teen Vogue 18/23 Celebrity Style Relive the biggest night in menswear, as we revisit the Men of the Year 2024 red carpet livestream. From in- depth interviews to the wild west of the American Rodeo red carpet, we look back at an unforgettable night in Men of the Year 2024: Red Carpet Livestream 2/16/25, 11:27 Women Speak Out About Former Northwestern Professor Alec Klein's Alleged Sexual Harassment | Teen Vogue 19/23 Culture Percy Jackson and the Olympians Season 2 Has Found Its New Zeus 2/16/25, 11:27 Women Speak Out About Former Northwestern Professor Alec Klein's Alleged Sexual Harassment | Teen Vogue 20/23 Politics The Trump administration has promised big changes, but the president can\u2019t make them alone What Would Happen if the Education Department Were Shut Down? 2/16/25, 11:27 Women Speak Out About Former Northwestern Professor Alec Klein's Alleged Sexual Harassment | Teen Vogue 21/23 Culture \u201cIn order to be with all of you for a long time needed time to reorganize myself Leader Soobin Announces Temporary Hiatus, Citing Health Reasons 2/16/25, 11:27 Women Speak Out About Former Northwestern Professor Alec Klein's Alleged Sexual Harassment | Teen Vogue 22/23 2/16/25, 11:27 Women Speak Out About Former Northwestern Professor Alec Klein's Alleged Sexual Harassment | Teen Vogue 23/23"} |
8,918 | Tyrone Hogenauer | California State University - Fullerton | [
"8918_101.pdf",
"8918_101.pdf"
] | {"8918_101.pdf": "Date(s) of Incident Complainant Status Respondent Name Respondent Position Summary of Substantiated Allegation(s) Outcome Multiple incidents; investigation finalized 2/18/2020 Student Mitchell Hanlon Faculty Respondent engaged in Sexual Violence by giving Complainant unwelcome and pervasive lingering hugs while moaning and sighing and Respondent pressing his body against Complainant's. Employee resigned from his position. Multiple incidents; investigation finalized 2/18/2020 Student Mitchell Hanlon Faculty Respondent engaged in Sexual Violence by engaging in unwelcome physical touching of Complainant including, but not limited to, the following: hugs, squeezing Complainant's leg, rubbing his hands under Complainant's shirt, putting his hands on Complainant's buttocks and kissing Complainant's neck. Employee resigned from his position. Multiple dates during the Fall 2013 semester; investigation finalized 3/1/2016 Student Tyrone Hogenauer Faculty Unprofessional conduct - Respondent entered into a consensual relationship with a student. Notice of pending disciplinary action for dismissal issued and discipline was subsequently imposed effective 3/4/2016. Employee filed for arbitration then settled, but did not sign settlement agreement (voluntary resignation effective 3/4/2016) until 5/25/2018. March 2018 through May 2018 Student Daniel Ignacio Lecturer Unprofessional conduct - Respondent entered into a consensual relationship with a student. Dismissed from the University effective 2/16/2021."} |
7,636 | Joseph Lewis | University of California – Irvine | [
"7636_101.pdf",
"7636_102.pdf"
] | {"7636_101.pdf": "NEWS: Black History Month 2025 2/16/25, 11:28 Former dean maintained majority of salary after sexual misconduct - Daily Bruin 1/6 Former dean maintained majority of salary after sexual misconduct 2/16/25, 11:28 Former dean maintained majority of salary after sexual misconduct - Daily Bruin 2/6 (University of California, Irvine Graduate Division) By Alejandra Reyes-Velarde and Sharon Zhen March 2, 2017 3:42 p.m. This post was updated March 2 at 6:30 p.m University of California, Irvine, professor and former dean who sexually harassed employees continued earning more than $200,000 a year after Title investigations found him responsible in 2014. Joseph Lewis, an arts professor and former dean of the Claire Trevor School of the Arts had 26 allegations of sexual harassment made against him, according to documents released by Irvine on Tuesday. Lewis repeatedly made sexual comments to women and touched them inappropriately between 2013 and May 2014, three months before he resigned from his position as dean. Lewis was found responsible for several of the allegations, but continued to make $205,000 as of 2015, just $33,000 less than his pay in 2014. Between 2014 and 2015, Lewis took a paid sabbatical before returning as a professor, according to his career history page. Witnesses said they saw or personally experienced Lewis looking women up and down, bullying people, making sexual innuendos, making sexual comments about donors or using vulgar language that is demeaning to women. He denied many of the allegations against him. One witness said that during an event, Lewis grabbed a female student by the arm and \u201cpulled (her) to him in an embrace.\u201d The witness said the student looked uncomfortable, and Lewis let her go after a few moments complainant also said Lewis rubbed the satin cover of a book \u201cin a circular motion i h hi fi \u201d d id \u201c d b i i i d ( )\u201d d h bb d hi 2/16/25, 11:28 Former dean maintained majority of salary after sexual misconduct - Daily Bruin 3/6 with his fingers,\u201d and said need to rub it, get it nice and (wet),\u201d and then rubbed his fingertips together. Lewis denied he made these comments and gestures. On another occasion, a complainant said Lewis showed her an allergy test, which included photos of his naked back and buttocks on a doctor\u2019s table. Lewis denied showing pictures of his naked back and buttocks, but said he did show the the complainant a picture of his allergy test. Lewis also drew his initials on a woman\u2019s back with his finger, according to the report. When she asked what he was doing, Lewis said, \u201cBranding you.\u201d In a letter dated Oct. 2, 2014 Associate Chancellor Michael Arias said it was mutually decided Lewis would no longer serve as dean for the school of the arts Irvine spokesperson Tom Vasich said he cannot comment further about Lewis\u2019 case because the information is confidential. He added Irvine takes all reports on sexual misconduct seriously, and has dedicated on-campus resources for investigating complaints. \u201cIn each of the cases, we took steps to stop what was going on,\u201d Vasich said. \u201cAll violations were met with appropriate actions.\u201d Vasich also confirmed Lewis took a paid sabbatical between 2014 and 2015. He said the university pays for sabbaticals for professors to work on projects in their academic interests outside the university. Vasich confirmed Lewis will continue teaching for UCI. Share this story: Facebook Twitter Reddit Email Alejandra Reyes-Velarde | News editor Reyes is the Daily Bruin's News editor and an Editorial Board member. Previously, she was the Science & Health editor covering research, the health system and graduate school news. She also writes Arts & Entertainment stories and photographs for the Bruin. 2/16/25, 11:28 Former dean maintained majority of salary after sexual misconduct - Daily Bruin 4/6 Sharon Zhen Zhen is an assistant news editor for the national and higher education beat. She was previously a contributor for the campus politics beat and an online contributor \u00bb About Contact Submit Advertise Staff Stonewall Editorial Board Privacy Comment Policy Community Guide Copyright \u00a9 2025 Daily Bruin 2/16/25, 11:28 Former dean maintained majority of salary after sexual misconduct - Daily Bruin 5/6 2/16/25, 11:28 Former dean maintained majority of salary after sexual misconduct - Daily Bruin 6/6", "7636_102.pdf": ". At least 20 sexual misconduct cases against Univ. of Calif. faculty over a 3-year span March 9, 2017 / 5:52 -- The University of California, one of the nation\u2019s largest university systems, had 112 cases of sexual misconduct involving employees over a three-year period from January 2013 to April 2016 at nine campuses. The president\u2019s office said faculty accounted for 25 percent of the cases. In a rare look at the handling of sexual misconduct allegations by the university system, the cases show discipline was meted out inconsistently. The files cover 112 cases from January 2013 to April 2016 at nine campuses, excluding Berkeley, which separately released documents last year. Universities and colleges across the U.S. are... U.S. World Politics HealthWatch MoneyWatch Entertainment Crime Sports Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/16/25, 11:28 had at least 20 sexual misconduct cases against faculty over a 3-year span News 1/6 An associate professor who pursued a student until she was afraid to attend classes paid the university $7,500 in lieu of suspension. At Irvine, a dean accused of sexually harassing a co-worker agreed to take a demotion and stayed on as a teacher. And at Santa Cruz, a professor accused of sexually assaulting a female student after a wine-tasting trip resigned before he could be fired. The University of California later agreed to pay his accuser $1.15 million. The cases, among a trove of confidential files released last week by officials, show that the same lack of transparency and lax discipline that critics complained about during a Berkeley sexual harassment scandal involving faculty last year also occurred at UC\u2019s nine other campuses. The Associated Press scoured hundreds of pages, many of which officials redacted in whole or in part citing privacy reasons. While the employees who were investigated included cafeteria workers and administrative employees, the examined cases involving the most prominent figures on campuses: the faculty. The president\u2019s office said faculty accounted for 25 percent of the 112 employees found to have violated sexual misconduct policies over the nearly three-year period but declined to specify those cases in particular. The was able to verify at least 20 of the cases involving faculty members, and found: In several instances, rumors about the accused swirled for years before anything was done. One instructor\u2019s contract was not renewed and another was fired. Two people agreed to temporarily forgo merit pay increases, one took a 10 percent pay cut. Six faculty members resigned or retired from their universities before investigations were complete, punishment decided, or as part of a settlement. Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/16/25, 11:28 had at least 20 sexual misconduct cases against faculty over a 3-year span News 2/6 At UCLA, for example, now-retired French Studies professor Eric Gans was accused of writing some 300 poems to a female graduate student that created a \u201csexually hostile environment,\u201d and pursuing the student while serving as her adviser, according to a December 2013 investigation. Gans denied wrongdoing but signed a settlement with the Regents agreeing to resign and become professor emeritus. He maintains an office on campus but is prohibited from teaching, mentoring or advising students. Gans did not respond to requests for comment sent to his university email. The university declined to comment on specific cases. The documents were released in response to public records requests filed by the and other news organizations nearly a year ago, when sexual harassment cases at Berkeley involving a former law school dean, a prominent astronomer and a vice chancellor became public. Berkeley was criticized for initially allowing the senior faculty to keep their jobs. They ultimately resigned under pressure. In response, the system overhauled procedures for investigating and disciplining faculty members in such cases. All students and employees must now undergo mandatory sexual assault training and there is a single system-wide Title coordinator and peer review committee to determine sanctions for senior faculty. Previously, it was up to individual campuses to impose sanctions on their own staff. Experts on sexual violence have long called on universities to be more transparent about cases involving sexual misconduct. Universities should make the disclosures about allegations, even if names and details are redacted, said Noreen Farrell, executive director of Equal Rights Advocates. \u201cAt some point, the institution has to choose between protecting its reputation and protecting its students. Schools can\u2019t have its cake and eat it too,\u201d she said. \u201cThey have to figure out a way to show that zero tolerance policies are not all talk.\u201d In the latest documents officials said personal identities and intimate personal details were omitted for privacy reasons but also because those Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/16/25, 11:28 had at least 20 sexual misconduct cases against faculty over a 3-year span News 3/6 disclosures would \u201cnot shed light\u201d on how the university system has fulfilled its responsibility to investigate and respond to sexual misconduct cases. The investigations are administrative, and not criminal, in nature. In one case, administrators at Santa Cruz were criticized for their handling of the case of a student who accused Latin Studies professor Hector Perla of raping her during a wine-tasting outing in June 2015. Perla has not commented publicly, but he told investigators that the sex was consensual and the student was not impaired letter in his file, however, stated that Perla\u2019s \u201cconduct constituted sexual assault\u201d and that he should be dismissed, according to his 60-page file, which is so heavily redacted that many pages reveal only the page number. Perla resigned before disciplinary action was taken. Last month, the governing board agreed to pay the student $1.15 million after she accused it of failing to address previous claims against Perla. Perla did not respond to an email requesting comment. He did not respond to messages, including a text message, left at phone numbers associated with him. The student reported the case to police and, after an investigation, was referred to the district attorney, who declined to prosecute. The district attorney\u2019s office has refused to answer any questions on the case. The university said officials acted appropriately, given privacy laws. At Santa Barbara, the school said, a professor accused of sexual harassment left before the formal disciplinary process was completed in August 2013 2013 university investigation substantiated sexual harassment claims against Gurinder Singh Mann brought by a female student who accused him of inviting her to his home to discuss research, then urging her to lie beside him in bed and putting a hand up her shirt. According to the investigation, other students stepped forward to say the Sikh Studies scholar had tried to kiss them, slapped their rears, invited them to his home and couched his behavior in cultural terms as an enlightened guru caring for his disciples. Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/16/25, 11:28 had at least 20 sexual misconduct cases against faculty over a 3-year span News 4/6 Mann told investigators the sexual harassment allegations were an \u201cutter falsehood\u201d that stemmed from cultural misunderstandings. He said he was simply showing affection toward promising students have made peace with myself that we live in complicated times, and am a simple person who tried to help whoever came my way,\u201d Mann told the AP. The school website lists him as retired. Officials said about two-thirds of the people accused of misconduct no longer work for the system spokeswoman Claire Doan said details on how many were fired was not available and also declined to answer if that meant one-third of the employees who engaged in sexual misconduct still work on campuses. Among those who do is the former dean of Irvine\u2019s art school, Joseph Lewis . He agreed to a demotion after he was accused of repeatedly sexually harassing a female co-worker in 2014. An investigation said the woman\u2019s 26 allegations of harassment were bolstered by numerous witness accounts that Lewis had displayed \u201cinappropriate, sexual and bullying behavior toward past and present staff and faculty.\u201d University officials wrote in Lewis\u2019 internal file that \u201cit was mutually agreed that he would no longer serve as dean.\u201d He currently teaches studio art classes. Irvine spokesman Tom Vasich declined to comment on the specific disciplinary action taken against Lewis, saying each case was in line with policies and procedures. Lewis did not respond to two emailed requests for comment. The system did not release information on cases where an employee discipline process was still underway, and when asked, Doan declined to say how many cases were still outstanding. More from News Trump attends NASCAR's Daytona 500 for the second time as president 2-year-old girl, mother die from injuries in Munich car attack Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/16/25, 11:28 had at least 20 sexual misconduct cases against faculty over a 3-year span News 5/6 Copyright \u00a92025 Interactive Inc. All rights reserved. Privacy Policy Cookie Details Terms of Use About Advertise Closed Captioning News Store Site Map Contact Us Help \u00a9 2017 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. California farm donates more than 250,000 eggs to fire victims, first responders Jay-Z, Sean \"Diddy\" Combs sexual assault lawsuit dropped by accuser Watch News 2/16/25, 11:28 had at least 20 sexual misconduct cases against faculty over a 3-year span News 6/6"} |
7,348 | Peter Pober | George Mason University | [
"7348_101.pdf",
"7348_102.pdf",
"7348_103.pdf"
] | {"7348_101.pdf": "FAIRFAX, Va George Mason University communications professor has retired after being accused of sexually harassing a student in a hotel room after a night of heavy drinking. The Washington Post reports that Peter Pober had faced termination proceedings before he retired in May from his position at the public university in northern Virginia student who graduated in the spring filed a Title harassment complaint with the university after the incident in February. Documents show the school concluded Pober violated university policy. Pober told the newspaper that he had an \u201cinappropriate conversation\u201d with a student on a school trip, but he denied \u201cseveral of the allegations regarding the content of that conversation.\u201d The graduate\u2019s accusations prompted other students to come forward and say they had been harassed by Pober. George Mason professor retires amid sex harassment claims Updated 12:45 CST, August 20, 2018 Daytona 500 \u2018Saturday Night Live\u2019 Congo Shakira Severe weather 2/16/25, 11:30 George Mason professor retires amid sex harassment claims News 1/2 Trump moves with dizzying speed on his to-do list. But there are warning signs in his first month Trump administration wants the Supreme Court to let the firing of whistleblower agency head proceed Justice Department\u2019s independence is threatened as Trump\u2019s team asserts power over cases and staff New York police find body of missing man they say was tortured for more than a month by 5 people presented Ukraine with a document to access its minerals but offered almost nothing in return 1 2 3 4 5 2/16/25, 11:30 George Mason professor retires amid sex harassment claims News 2/2", "7348_102.pdf": "Listen Live \uf144 \uf007 This article is about 7 years old George Mason professor retires, faces multiple harassment claims George Mason University professor facing sexual harassment allegations retired earlier this year before he could be fired, The Washington Post reported. Peter Pober, a communications professor who oversaw the university\u2019s speech team, was placed on administrative leave after the initial allegation came out in mid-February. He retired in May after the school began termination proceedings. That first claim prompted other students to come forward with similar allegations. In one written testimony among documents obtained by The Washington Post, a male Jennifer Ortiz | jortiz@wtop.com statue of George Mason at George Mason University is adorned with a memorial wreath in remembrance of the Virginia Tech shootings. (Hank Silverberg Photo) August 19, 2018, 6:46 2/16/25, 11:30 George Mason professor retires, faces multiple harassment claims News 1/2 student alleged that Pober made sexual advances toward him while the two were alone in a hotel room after a night of heavy drinking. \u201cHe still has one of the best resumes of any coach in the country, in terms of both competitive success and just sheer experience,\u201d the victim, a former member of Pober\u2019s speech team, said truly felt as though he was going to end up with another job in education and do the same thing to other people as he did to me.\u201d The man filed a Title complaint, which the school deemed credible university spokesman confirmed to The Washington Post that the records the paper obtained were authentic. In a statement provided by his attorney, Pober admitted to having an \u201cinappropriate conversation\u201d with a student but denied some of the details of the conversation. The university said it did not have a record of complaints against Pober before February. Related Categories: Education News | Fairfax County News | Local News | Virginia News Tags: george mason university | Peter Pober | sexual harassment | sexual harassment allegations 2/16/25, 11:30 George Mason professor retires, faces multiple harassment claims News 2/2", "7348_103.pdf": "Quotable... \u201cWe believe that transparency creates trust.\u201d -- Julie Sweet of Accenture, North America Having trouble viewing this email? View it in your browser. Case in Point: Lessons for the proactive manager August 2018 Vol. 10 No. 08 Last month we discussed what believed to be the most substantial risk facing institutions today: the risk that someone (faculty, staff, or administrator) is aware of a major issue and fails to communicate their concern to the appropriate level or personnel. The next day a story broke about questions surrounding such an issue at the Ohio State University. That case clearly illustrated the type of circumstance that can cause substantial reputational harm to an institution. Open, clear, and transparent communication up and down the chain of reporting has never been more important than in today's environment. These circumstances led me to think about what other issues may be emerging in higher education. We routinely evaluate Case in Point stories for trends, but in addition to this, over the past month have spoken with a few thought leaders who deal with audit, compliance, and risk related issues and asked what they saw as emerging topics. Every person talked to brought up conflicts of interest. Conflicts of interest are situations where there are competing interests. It's important to understand that conflicts of interest will occur in our industry, and it doesn't mean anyone has done anything wrong. It does, however, call for caution to protect both the individual and the institution. This caution usually results in the development of a conflict of interest management plan that protects everyone involved and ensures independent decisions are made for the institution. How you manage the conflict of interest will vary depending on the circumstances involved, but the need for open, clear, and transparent communication have never been greater. So what are some of the common conflicts of interest we see in higher education? We will address that question in next month's Case in Point. Until then, we invite you to review the news articles in higher education over the past month with a view toward proactively managing risks in your sphere of influence. As always, we welcome your comments and suggestions. M. Kevin Robinson Associate Vice President Office of Audit, Compliance & Privacy 2/16/25, 11:30 Case In Point 1/12 Information Security & Technology Events Aug 23, 2018: The former student who hacked into the University of Iowa computer network to change grades was sentenced to four months in prison Thursday, according an Iowa Department of Justice release. The sentencing came after Trevor J. Graves, 23, pleaded guilty in April to unauthorized access and damage to the college computer network he carried out from May 2015 to November 15, 2016. During that time he admitted to knowingly and intentionally committing fraud as he obtained professors' usernames and passwords. Graves used the data to access the Iowa Courses Online computer network, where he deleted and changed his grades and those of five other students. (link) Aug 16, 2018 breach of email accounts at Augusta University Health may have exposed sensitive health and personal information of about 417,000 people, including patients around Georgia, the university reported Thursday. Faculty members and \"a small number\" of students at Augusta University were also among those who may be affected, according to the university. Exposed information may have included patient names, addresses, diagnoses, medications, lab results, dates of birth, treatment information, medical record numbers, medical information, surgical information, dates of service and insurance information. (link) Aug 15, 2018: Saint Louis University has announced that it will be placing Amazon Echo Dot devices, powered by Alexa for Business, in every student residence hall room or student apartment on campus. While other colleges, like Arizona State University, have put Echo Dots in student housing before says this is the first time a college will equip every student living space with an Amazon Alexa-enabled device. In regards to privacy concerns says that because it is using the Amazon Alexa for Business platform, every Echo Dot is managed by a central system that is not tied to any individual accounts. No personal information will be collected so all use is anonymous. (link) Fraud & Ethics Related Events Aug 22, 2018 longtime Texas Christian University employee has pleaded guilty to stealing $1,600 from an education program that helps high school students from low-income families. Federal court documents filed Tuesday show Margaret Faust admitted to stealing the money from the Upward Bound program and pleaded guilty to theft from a federal student assistance program. The records say Faust, who was the assistant director of Upward Bound for some 18 years, oversaw money to program participants and would receive cash each month from the university's financial services department. (link) Aug 22, 2018: Eight members of the Rutgers University football team are facing charges related to a credit card fraud scheme. Prosecutors in Middlesex County, New Jersey say the players stole credit card information and then transferred money to their university cash cards for personal use. Some of the defendants are also charged with promoting organized crime, money laundering, and fraudulent use of credit cards. (link) 2/16/25, 11:30 Case In Point 2/12 Aug 21, 2018 former George Mason University professor who faced allegations of sexual harassment was charged this week with embezzling university funds, the latest chapter in his fall at the public institution in Northern Virginia. Peter Pober turned himself in Tuesday morning and was released on $2,500 unsecured bond, Carl Rowan Jr., chief of the George Mason University police department, said in an email. Pober faces four felony counts of embezzlement, Rowan wrote. Many details of the embezzlement allegations against Pober remain unclear, including the amount of money believed to be involved. (link) Aug 20, 2018 58-year-old Allegheny County man who was found with multiple items from the Saint Vincent College campus in Unity inside his pickup truck Sunday has been charged with theft. Campus security discovered Matthew C. Morgan of Buena Vista in Elizabeth Township in the vicinity of the college football practice field with multiple Gatorade coolers and bottles, plastic rakes, planters, a fire extinguisher and a student parking sign in his truck, according to a complaint filed by state police in Greensburg. Police valued the items at $2,270. (link) Aug 14, 2018 25-year-old man is accused of stealing items from the campus of Minnesota State University Moorhead when he was reportedly a student there. Jeremy Lafromboise is charged with receiving stolen property and second-degree burglary of a government or school building, both felonies. According to Clay County District Court documents, police received multiple reports from faculty that offices and other moderately restricted areas had been accessed and property was missing or moved. Missing items included cameras, microphones and miscellaneous key cards used to access areas on campus. (link) Aug 14, 2018: Less than a week after a former Clemson University athletics department employee was arrested on a misdemeanor theft charge, he now faces a felony charge in connection with missing university property, court records show. John Samuel Blackman, of Central, was arrested Tuesday by Clemson University police on a charge of grand larceny more than $2,000 but less than $10,000, according to Pickens County online court records. On July 12, university employee Richard Bagby, who is Clemson's Assistant for video and technology, noticed that video recording equipment worth approximately $3,855 was missing from a storage room at the Jervey Athletic Center, according to records obtained from the Clemson University Police Department. (link) Aug 07, 2018 former Lowell police sergeant who led the Lowell Police Academy and is now director of the Northern Essex Community College police academy, has paid a $5,000 fine for recommending the college purchase training gear from his private Lowell-based employer, All Sports Heroes in Lowell. Thomas Fleming, who resigned from the Lowell Police Department in 2014 amid a test-taking scandal, last week agreed to pay the $5,000 civil penalty for violating two sections of the conflict-of-interest law, the State Ethics Commission announced Monday. (link) Aug 07, 2018 Rowan University student who broke into a school office four times so he could steal passwords and change his grades has been spared a prison term. Kaustubh Shroff instead was sentenced to two years of probation. Authorities have said the biological sciences major broke into the Rowan University registrar's office and installed software on computers there in order to steal staff login credentials. He later returned to retrieve the data, then used it to access his professors' files and change his grades in some classes. (link) Aug 07, 2018 Los Angeles man pleaded guilty last week to charges that he created a fake company and posed as a construction company employee in a scheme to steal nearly $2 million from Appalachian State University. Ho Shin Lee, who was 31 when he was arrested, pleaded guilty to one count of money laundering on Thursday in U.S. District Court in the Western District of North Carolina. Appalachian State University had hired Charlotte construction company Rodgers Builders for its new health sciences building. The construction company filed a form on Oct. 14, 2016, with the school to set up wire transfers and direct deposits. On Dec. 2, 2016, an employee at the university received an email from someone claiming to be Doug McDowell, the controller for 2/16/25, 11:30 Case In Point 3/12 Rodgers Builders. The email was fake, federal prosecutors said. The email contained a direct deposit form with instructions to change the banking information Rodgers Builders had previously submitted. (link) Aug 01, 2018: When state Assemblyman Sebastian Ridley-Thomas resigned suddenly in December, it marked an abrupt halt to a promising political career. The son of powerful Los Angeles County Supervisor Mark Ridley-Thomas had enjoyed the backing of his father's donors and the Democratic Party establishment. Within months, the younger Ridley-Thomas reemerged at the University of Southern California. The university, which sits in his father's district, hired him as a professor of social work and public policy also gave Ridley-Thomas, who lacked a graduate degree, a scholarship to pursue a master's program in social work, according to sources familiar with the matter. (link) Compliance/Regulatory & Legal Events Aug 30, 2018: Education Secretary Betsy DeVos is preparing to release new rules strengthening protections for students accused of sexual assault on campus and lightening the burden placed on schools, according to a person familiar with the contents. The rules will narrow the definition of sexual assault that schools are required to adjudicate and will restrict eligible cases to those that occur on campus. They also will raise the burden of proof used by schools when adjudicating the cases, with schools permitted to choose between two legal standards in determining an accused student's guilt. The Education Department plans to formally propose the rules in September. (link) Aug 27, 2018 former Butler University athlete claims the school and a campus fraternity failed to protect her from a dangerous student who had a history of sexual assault. In a lawsuit filed Monday in U.S. District Court in Indianapolis, the woman says the man, also then an athlete at the school, held her down and raped her in December 2016 when she was 18 years old. She says the man lured her to a room in the Lambda Chi Alpha Fraternity house. The suit claims the same man raped another student athlete on multiple occasions during the prior school year. The lawsuit claims the woman reported the incident but Butler failed to take appropriate action. (link) Aug 25, 2018 world renowned and respected Oberlin Conservatory professor has resigned from his post after allegations of inappropriate sexual conduct with students emerged and the college started a Title investigation. Oberlin College spokesman Scott Wargo confirmed Friday that on Aug. 10 the college's Title coordinator took a report alleging that James David Christie, professor of organ, had violated Oberlin's sexual misconduct policy by engaging in inappropriate behavior with students. The college informed Christie of the allegations Aug. 11 and immediately placed him on administrative leave pending an investigation, Wargo said in an email. (link) Aug 23, 2018: Former Maryland athletic director Kevin Anderson used funds from the athletic department to intevene in two student-athletes' sexual misconduct case, the university confirmed. Anderson used $15,000 of the department's funds to provide two football players with legal representation after being accused of sexual misconduct, according to The Diamondback, Maryland's student newspaper. While bylaws allow schools to pay for legal cousel in a proceeding that may affect a student-athlete's ability to play sports, Anderson's actions \"showed a serious lack of judgement in a sexual misconduct case, given the university's commitment to a fair and impartial handling of all such matters,\" according to the school's statement Thursday. (link) 2/16/25, 11:30 Case In Point 4/12 Aug 23, 2018 judge in Ingham County, Michigan, issued warrants Thursday morning for the arrest of Kathie Klages, the former Michigan State gymnastics coach and longtime friend of convicted sexual predator Larry Nassar. The Michigan Department of Attorney General has charged Klages with two counts of lying to a peace officer. One charge is a felony and the other a misdemeanor. Under Michigan law, it is considered a felony to lie to investigators about major crimes such as first-degree criminal sexual conduct. The misdemeanor charge is for lying about a less serious crime, according to a spokesperson for the attorney general's office. (link) Aug 23, 2018: Ohio State University says it is suspending Head Football Coach Urban Meyer along with Athletics Director Gene Smith in response to how the two handled allegations of domestic abuse made against an assistant coach. Meyer fired Zach Smith, an assistant coach, on July 23 after learning of reports that Smith's ex-wife Courtney Smith had been given a domestic violence civil protection order against him a few days before. The head football coach, who led Ohio State to a national title in the 2014 season, will lose six weeks of pay and be suspended for three games in September. (link) Aug 22, 2018: Baylor University infiltrated sexual assault survivor groups to shape strategy and talking points on how to handle the groups and student demonstrations, according to two sources familiar with the matter Title lawsuit, filed by 10 unnamed former students, has alleged Baylor downplayed sexual assaults at the university. Some of the Jane Does say they were assaulted as far back as 2004, according to court documents. One source familiar with the matter identified the \"mole\" as Matt Burchett, director of student activities at Baylor, whose job is to coordinate student pursuits such as picnics, parties, and demonstrations. The source said Burchett, acting as a liaison with university officials, played damage control on their behalf. (link) Aug 21, 2018: Santino Marchiol had no difficulty deciding in June that he needed to leave Texas A&M. The hard choice was how to get his football career moving as quickly as possible at the highest level possible four-star linebacker who enrolled at College Station in January 2017, he was hopeful even after his redshirt season ended with Kevin Sumlin's firing and Jimbo Fisher's arrival. Backed by a 10-year, $75 million contract, Fisher had vowed to make a culture change that would lift the Aggies into college football's elite. Over the next several months, however, Marchiol said he witnessed behavior that made him uncomfortable, including, he asserts, an assistant coach giving him cash to host top recruits on\"unofficial\" visits. (link) Aug 21, 2018 student who reached a human rights settlement with a Toronto university after an alleged sexual assault by a fellow student says the school breached the terms of their deal. Mandi Gray says the settlement saw York University agree to engage the Barbra Schlifer Commemorative Clinic to provide sexual assault counselling services for four years. But Gray contends the school terminated the partnership after less than a year, calling the move a violation of the previously undisclosed settlement. (link) Aug 21, 2018: The University of Texas agreed to pay $600,000 to settle the race and gender discrimination lawsuit brought by former women's track coach Bev Kearney, according to documents released Monday. Kearney and the school agreed to settle her nearly five-year-old lawsuit in June. Terms were released following public-records requests from The Associated Press and other media outlets. Kearney was forced out of her job in 2013 after the school learned she had a relationship with an athlete a decade earlier. Kearney, who is black, had claimed she was treated differently than former Texas assistant football coach Major Applewhite, who was allowed to keep his job and was later promoted after the school learned he had a relationship with a student trainer during a bowl trip. (link) Aug 20, 2018 Berkeley has suspended a renowned architecture professor for three years without pay for sexually harassing a graduate student and abusing his power for personal gain, The Chronicle has learned. Professor Nezar AlSayyad \"engaged in a pattern of sexual harassment that created a hostile environment,\" Vice Provost Benjamin Hermalin wrote last week to Eva Hagberg 2/16/25, 11:30 Case In Point 5/12 Fisher, a Berkeley graduate student and doctoral candidate. The discipline comes nearly two years after a campus investigation found that AlSayyad had spent months ingratiating himself with Hagberg Fisher before placing his hand on her upper thigh, proposing they become \"close friends\" and suggesting they go to Las Vegas. (link) Aug 20, 2018: Mercy College is suing a former dean and Long Island University for $700,000 for allegedly poaching prospective business school students. The Dobbs Ferry college claims that Edward Weis forwarded confidential student information to himself in the weeks before he resigned his position to work for LIU. Then, nine students who had already registered at Mercy switched to LIU. Each student, according to the complaint filed in Westchester Supreme Court, is worth $32,252 a year in tuition, registration fees, board and meal plan, not including scholarships. (link) Aug 18, 2018 George Mason University professor facing termination proceedings retired this spring amid accusations that he had sexually harassed a student, a claim that prompted others to come forward and say they had been harassed, interviews and documents show. Peter Pober, a communications professor, had presided over the nationally acclaimed speech team at the public university in Northern Virginia. Official documents and interviews with former team members open a window onto Pober's fall from prominence at the school. (link) Aug 17, 2018: Washington state Rep. Matt Manweller, R-Ellensburg, is seeking damages against Central Washington University and the investigator who reviewed allegations against him of inappropriate behavior. Earlier this week, the university fired Manweller, a professor there, after it wrapped up its latest investigation into the allegations, the details of which haven't been released. Manweller is seeking damages for the loss of current and future income, attorney's fees, and, among other things, for emotional distress, according to the claim filed this week in Kittitas County Superior Court. (link) Aug 16, 2018 former New York University graduate student has sued a prominent professor, alleging she turned his dream of working with a world-class scholar \"into more than three years of continuous and unabated sexual harassment, sexual assault and stalking.\" The lawsuit was filed by Nimrod Reitman in state Supreme Court in Manhattan on Wednesday against the university and professor Avital Ronell. It said failed to take action after Reitman told a vice provost about the misconduct while he was still a student. Last summer, two years after Reitman graduated, he made a formal complaint, and the university opened an investigation. (link) Aug 16, 2018: Mairin Jameson started this nearly seven months ago with a blog post inspired by the #metoo movement. The former diver was alone in publicly questioning how longtime University of Idaho Athletic Director Rob Spear dealt with female student-athletes. On Thursday, the State Board of Education fired Spear -- taking into account Jameson's story of a mishandled sexual- assault case and those of other women who stepped up after her. Eight former of female athletes expressed concerns with Spear's leadership to the Idaho Statesman this year, including one Vandals hall of famer, two potential hall of famers and a longtime administrator. At least four of them contacted the State Board, too. (link) Aug 16, 2018: The parents of a Louisiana State University freshman who died of alcohol intoxication last year after an alleged fraternity hazing filed a federal lawsuit Thursday against the university board, the fraternity and several of the fraternity's members. Stephen and Rae Ann Gruver's lawsuit on behalf of their son, Maxwell Gruver, of Roswell, Georgia, was filed in U.S. District Court in Baton Rouge. Defendants include Phi Delta Theta fraternity and four students already facing criminal charges in the 18-year-old Gruver's death last September. The lawsuit, which seeks $25 million, alleges that responds with \"deliberate indifference\" to allegations of hazing at fraternities. It also says Phi Delta has \"a long history of dangerous misconduct at universities across the country.\" (link) 2/16/25, 11:30 Case In Point 6/12 Aug 16, 2018: The investigation into former Ohio State University Dr. Richard Strauss is now under federal scrutiny. The United States Department of Education launched an investigation Thursday into how is responding to complaints against the former team and health center doctor. The Office for Civil Rights wants to ensure officials are \"responding promptly and equitably\" to reports by former students. They are investigating whether the university knew, or should have known, about sexual misconduct by Strauss, but failed to act. That would be a Title violation. (link) Aug 14, 2018: Texas is moving forward with plans to sue an Alabama assistant football coach. The first item on the agenda for the executive session of the Aug. 16 Texas board of regents meeting gives authorization to \"proceed with litigation against Jeff Banks for breach of employment contract.\" Banks was the Aggies tight ends and special teams coordinator before leaving for Alabama in January. He was the interim head coach for in the Belk Bowl after Kevin Sumlin was fired. Banks' contract at Texas required him to pay the full buyout if he left for another school, The Eagle reported. He was set to be paid $375,000 a year in a contract running through March 2019. (link) Aug 13, 2018: The case seems like a familiar story turned on its head: Avital Ronell, a world- renowned female professor of German and Comparative Literature at New York University, was found responsible for sexually harassing a male former graduate student, Nimrod Reitman. An 11- month Title investigation found Professor Ronell, described by a colleague as \"one of the very few philosopher-stars of this world,\" responsible for sexual harassment, both physical and verbal, to the extent that her behavior was \"sufficiently pervasive to alter the terms and conditions of Mr. Reitman's learning environment.\" The university has suspended Professor Ronell for the coming academic year. (link) Aug 13, 2018 federal appeals court has cleared the path for a professor's lawsuit against the University of New England, alleging officials there took away some of her teaching duties and other responsibilities after she accused her department chairman of sexual harassment. Lara Carlson sued her employer in 2016 for violating her civil rights under state and federal law denied the charges, and a judge in U.S. District Court in Portland ruled in favor of the private college last year. But on Friday, the 1st U.S. Circuit Court of Appeals in Boston overturned that order and sent the case back to the lower court, where it could now go to trial. Carlson is seeking unspecified damages from UNE. (link) Aug 10, 2018: Police have arrested a college basketball coach following a deadly punch on the streets of Queens. 35-year-old Jamill Jones, an assistant coach at Wake Forest University in North Carolina, turned himself into police Thursday afternoon. He was arraigned on third-degree assault charges. Police said he knocked out 35-year-old Sandor Szabo of Boca Raton, Florida early Sunday morning on 29th Street in Long Island City. Detectives say Szabo had just left a family wedding and was searching for his Uber driver outside a hotel, intoxicated and banging on cars before pounding on the window of Jones' SUV. (link) Aug 09, 2018: Former students in what was known on social media as @LovicLab at the University of Calgary say they witnessed the repeated \"mismanagement\" of the anesthetic given to rats during surgery. Sources, who spoke on the condition of confidentiality, say that on many occasions the rats would wake up in the middle of a surgical procedure in excruciating pain, \"crying, screaming and fighting.\" One of the students says the negligent behaviour was reported to professors and the university's animal care committee starting in mid-2017, but the alleged inhumane treatment continued for several more months. (link) Aug 08, 2018 man who worked at Kutztown University is suing the school. Scott Moyer worked for Aramark, a corporation contracted to provide dining services at Kutztown University. According to the lawsuit, Moyer met with two Aramark supervisors, Kyle Zimmerman and Christopher Wallace, on Sept. 26, 2017 after Kutztown's Director of Housing and Dining Services Kent Dahlquist 2/16/25, 11:30 Case In Point 7/12 complained to Aramark about \"Moyer's consensual homosexual/gay relationship.\" Moyer believes that Aramark terminated his employment because he is gay. (link) Aug 07, 2018 federal judge has denied a nonprofit organization's effort to immediately end the University of Michigan's use of a Bias Response Team it claimed hindered free speech on campus. U.S. District Court Judge Linda V. Parker issued her denial of Speech First's request for a preliminary injunction against the and any actions takes to punish students for violations of the prohibitions on \"harassment,\" \"bullying,\" and \"bias-related misconduct\" set forth in the University's Statement of Student Rights and Responsibilities. (link) Aug 06, 2018 difficult start to the football season just got tougher for North Carolina, and that's not even the Tar Heels' biggest problem. Monday's announcement that 13 players will be suspended for selling their team-issued Air Jordans -- nine of them for four games, including quarterback Chazz Surratt and three defensive ends -- will leave ShoeNC short-handed during the brutal opening stretch of a pivotal season, even if it certainly could have been worse if more starters were involved. More concerning is the continuing disregard for obvious rules, as silly as they may be, just when North Carolina's football program was finally getting out from under years of punishment and investigation. (link) Aug 06, 2018 former University of Rochester football player who was abducted and tortured in 2015 has filed a lawsuit accusing the school of negligence. Nicholas \"Niko\" Kollias and his teammate Ani Okeke Ewo were duped into going to a city home by two young women who claimed they wanted to party with them. There, they were tied up and beaten -- Kollias was also shot -- while being held captive for 40 hours before being rescued by a police team. Police later learned that the incident stemmed from a case of mistaken identity. The abductors had been targeting another student who they believed had stolen drugs and money from them. That student - - and the university's failure to adequately deal with him -- are at the heart of the lawsuit's claims. In a complaint filed in federal court, Kollias said the university \"owed a duty of reasonable care to students,\" and that the school \"breached its duty of care and acted negligently, carelessly, and/or recklessly.\" (link) Aug 01, 2018 federal judge ruled Friday the University must allow a student accused of sexual assault to question his accuser in a special live hearing. The lawsuit alleges the University denied a student accused of sexual assault due process in the investigation of the sexual misconduct. Furthermore, the case claims the student was discriminated against as a male accused of sexual assault and alleges the University withheld the student's transcripts as a result. U.S. District Judge Arthur Tarnow said the accused student is likely to be successful in his claim that the University denied him due process. (link) Aug 01, 2018: Ohio State announced Wednesday evening that Urban Meyer, the head coach of its storied football team, had been put on paid administrative leave while the university investigated allegations that Meyer knew a longtime former assistant coach had been accused of domestic abuse in 2015. Meyer, one of the most successful coaches of the past two decades, said last week that he had not heard of the domestic abuse accusations until recent days, but a report on Wednesday suggested that Meyer had known about the accusations for far longer. (link) Aug 01, 2018: New York University on Tuesday won the dismissal of a class-action lawsuit brought on behalf of thousands of employees who accused the school of mismanaging their retirement plans. U.S. District Judge Katherine Forrest said the plaintiffs failed to prove that NYU's retirement plan committee acted imprudently or caused losses by saddling them with poorly performing investment options and excessive recordkeeping fees. The plaintiffs included six professors and an instructor who said NYU's imprudence caused more than $358 million of losses at two 403(b) plans, named for a section of the U.S. tax code. (link) 2/16/25, 11:30 Case In Point 8/12 Campus Life & Safety Events Aug 28, 2018: An inspection done as construction was underway on a $34 million project to build apartment-style dorms at Asheville this summer found evidence of \"gross negligence\" in installing fire safety measures, state records show. Those findings contributed to a stop work order in mid-June as worries persisted over whether the dorms would meet fire safety standards, according to documents obtained by the Citizen Times through a public records request administrators have been continuing to work with designers and contractors on plans for any changes to five dorms, deemed a safety risk by state and local fire officials but considered safe by the State Construction Office. (link) Aug 28, 2018: Syracuse University students' rooms at two dorms were burglarized Monday night after fire alarms were intentionally pulled as a distraction, according to SU's Department of Public Safety. When students evacuated Lawrinson and Watson halls, someone stole valuables from their rooms said in a news release Tuesday. Students were missing cash, speakers, headphones, wallets, shoes, jewelry and other items when they returned to their dorms said and the Syracuse Police Department are investigating the burglaries. More officers and fire safety staff will be dispatched to future alarm pulls said. (link) Aug 25, 2018 20-year-old junior engineering student is in police custody and has been charged with robbery, vandalism, aggravated menacing, aggravated assault and resisting arrest after allegedly assaulting a professor at University of Dayton's campus Friday, according to a press release. Around noon police responded to a call about a man who allegedly tried to forcibly take money from a worker putting up a tent near Kennedy Union on 300 College Park prior to allegedly assaulting a professor, chief of police and executive director of public safety Rodney Chatman wrote in a letter to the campus community today. (link) Aug 23, 2018: The Penn State University Police Department announced Thursday that it has made an arrest after an investigation into a threat via Twitter vowing to carry out a mass shooting during a football game at Beaver Stadium. Charles Thomas Hitechew, 22, of Gibsonia, Pennsylvania, was charged with two counts of terroristic threats and was arraigned Thursday before being released on unsecured bail of $15,000 preliminary hearing is set for Wednesday. The investigation was carried out by university police and the FBI. (link) Aug 22, 2018 history professor was found guilty of discrimination and harassment after writing on Facebook that he hated white people, leading an advocacy group to complain that Rutgers University had violated his right to free speech. In May, James Livingston, a tenured professor who is white and lives in the Harlem neighborhood of New York City, wrote on social media about his frustration over the gentrification of the neighborhood. \"OK, officially now hate white people,\" he posted am a white people, for God's sake, but can we keep them--us--us out of my neighborhood?\" (link) Aug 22, 2018 graduate assistant at the University of Utah has been reassigned from teaching a class this semester after handing out a syllabus that said bringing a concealed carry gun to class \"is absurd, antisocial, and frightening behavior\" and that any of her students who have one - even if permitted - would be forced to stand in a \"3x3 taped square\" in the back of the classroom. \"This zone also does not include a desk, because desks are reserved for students who respect the personal and psychological safety of their classmates and instructor,\" reads a copy of the course outline. Chris Nelson, the U.'s spokesman, said the one-paragraph \"weapons policy\" was removed 2/16/25, 11:30 Case In Point 9/12 from the online curriculum Tuesday, one day after fall classes started, and students were \"alerted to the error.\" (link) Aug 21, 2018: North Arkansas College tested its central campus for mold, after mold was discovered in the library of its south campus. The president of the college received the reports just days before class was back in session. Dr. Randy Esters, president of NAC, said, \"Discovered that the levels of mold spores were not acceptable. Then we asked that the people on the offices of the fifth, fourth, and part of the third floor vacate their offices.\" The center campus building is about 40 years old. The report shows four different types of mold found behind wallpaper, on the drywall, and above windows. (link) Aug 21, 2018: Demonstrators gathered at the University of North Carolina, Chapel Hill campus Monday night achieved a decades-long goal for those opposed to public displays of Confederate statues: They toppled \"Silent Sam,\" a monument dedicated to fallen Civil War-era soldiers crowd of about 250 students, faculty and local residents carrying banners that condemned white supremacy stormed the bronze sculpture and, using ropes, brought it crashing down from its century-old pedestal. It was the culmination of a protest that began earlier in the evening, on the eve of the first day of classes. (link) Aug 21, 2018: Cleveland State University will not allow Bird electric scooters on its property, according to an email sent out to faculty, staff and students. CSU's main campus is located in downtown Cleveland, where the scooters were dropped on August 10. The same day the city of Cleveland issued a statement demanding Bird Ride remove the scooters from the city, though in the weeks following the scooters remained. Chief financial officer Stephanie McHenry wrote in the email that the university's number one concern is safety and that numerous cities around the country, including Cleveland, have banned the scooters. (link) Aug 20, 2018: Authorities have released a photo of a man they say opened fire on Georgia State University police before attempting to carjack a student's vehicle. The shootout and the attempted carjacking prompted a lockdown of the downtown Atlanta campus hours before the start of the fall semester. According to university police Chief Joseph P. Spillane, four officers responded to suspected drug activity in a stairwell in the parking deck of the University Commons housing complex about 10:45 p.m. Sunday. (link) Aug 15, 2018: The University of North Florida will close a campus branch of a Chinese-run cultural institute, the latest U.S. college to do so amid criticism from U.S. legislators that China uses the institute to influence American higher education. The Jacksonville-based university said on Tuesday it had determined after \"careful consideration\" that the Confucius Institute, which opened a branch there in 2014 to promote language and culture, did not meet the university's mission. (link) Aug 14, 2018: The University of Maryland has parted ways with assistant athletics director for sports performance Rick Court. The school announced the news Tuesday afternoon in a press conference from university president Wallace Loh and athletic director Damon Evans. The decision comes on the heels of the death of offensive lineman Jordan McNair and subsequent reporting on the culture of head coach D.J. Durkin's football program. \"The university accepts legal and moral responsibility for the mistakes our training staff made on that fateful day of May 29,\" Loh said. (link) Aug 11, 2018: Just three weeks before its season opener, the University of Maryland placed its football coach Durkin, on administrative leave Saturday in the wake of news reports that Terps players faced abuse and disparagement from staff members in the school's athletics department. Athletic Director Damon Evans sent a letter to university staff, boosters and supporters Saturday saying he's \"concerned by the allegations of unacceptable behaviors by members of our football staff detailed in recent media reports.\" (link) 2/16/25, 11:30 Case In Point 10/12 Aug 10, 2018: An Alpharetta man has been arrested in connection with threats made to a University of North Georgia professor. Jose Gomez, 23, was arrested Aug. 4 by the Alpharetta Police Department following the and investigation and charged with terroristic threats and acts. According to the release, the communications included a threat of gun violence to the professor, other staff and students if the professor did not resign spokeswoman Sylvia Carson confirmed Williams was the recipient of the threat and that Gomez was enrolled at UNG. (link) Aug 08, 2018 Colorado university is offering to re-print up to 9,200 diplomas after the outgoing editor of the school newspaper noticed an error. Alec Williams was checking to make sure his name was spelled correctly when he saw a mistake on his Colorado Mesa University diploma, printed in hard-to-read Old English font. Williams' diploma and others issued since 2012 were conferred by the chair of CMU's \"Coard of Trustees President Tim Foster says the university is sending corrected diplomas to 2018 grads and will offer them to the others. At a cost of $5 each, the university could spend nearly $46,000. (link) Aug 04, 2018: The Smith College employee who called police on a student of color on her lunch break in a common area has been placed on paid leave pending an outside investigation into the incident. Smith undergraduate Oumou Kanoute, who works as a teaching assistant and residential adviser during the summer, was on her lunch break in a Smith common area on Tuesday afternoon when the campus police officer arrived and asked what she was doing. (link) Aug 01, 2018: Although marijuana is still prohibited by federal law, nine states allow its recreational use and 30 permit medical use. Marijuana also remains the most popular drug among college students, according to the U.S. Drug Enforcement Administration. Nearly every higher ed campus bans the drug to protect federal Title funding, yet institutions still have to deal with the consequences and realities of diminishing state regulation. (link) Aug 01, 2018 debate over whether men are better at science than women escalated into a heated argument that led to the arrest of a Santa Rosa Junior College chemistry teacher accused of threatening a female colleague and a female student, a witness said. The instructor, John Peter Melbardis, 44, was taken to jail July 24 after he threatened to hit one of the women and backed the other into a wall, preventing her from leaving, police said. The Rohnert Park man resigned his position later that day, according to an spokeswoman. (link) Other News & Events If you have any suggestions, questions or feedback, please e-mail me at robinmk@auburn.edu. We hope you find this information useful and would appreciate hearing your thoughts. Feel free to forward this email to your direct reports, colleagues, employees or others who might find it of value. Back issues of this newsletter are available on our web site at 2/16/25, 11:30 Case In Point 11/12 If you have any suggestions for items to include in future newsletters, please e-mail Robert Gottesman at gotterw@auburn.edu. Back to top Office of Audit, Compliance & Privacy Auburn University 304 Samford Hall M. Kevin Robinson, Assoc robinmk@auburn.edu 334.844.4389 \u00a9 Redistribution of this newsletter, with or without modification, is permitted provided Auburn University Office of Audit, Compliance & Privacy is listed as the source. 2/16/25, 11:30 Case In Point 12/12"} |
7,372 | George Bright-Abu | Howard University | [
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] | {"7372_101.pdf": "Five Howard University students have sued the university for failing to respond appropriately to reports of sexual assault and harassment by a school employee. George Bright-Abu, who supervised a work-study program, is now in jail, convicted of sexually assaulting two students, according to a statement released by the attorneys in the lawsuit. 5 students sue Howard Univ. for failure to protect them against sexual assault by employee by Sam Ford Thu, December 1st 2011 at 10:29 Updated Sun, July 12th 2015 at 7:01 2/16/25, 11:31 5 students sue Howard Univ. for failure to protect them against sexual assault by employee 1/3 Bright-Abu \u201csexually assaulted two full-time students during the 2010-2011 academic year. This included unwanted touching, flirting, fondling and degrading propositions of a sexual nature,\u201d according to the statement. The victims worked at a university library and were supervised by Bright-Abu. \u201cEverybody said this was typical of him,\u201d said Mercedes Woodson, one of two women who say they were assaulted by the man. The lawsuit charges that the victims reported Bright-Abu's sexually abusive and offensive comments to university officials, but the university failed to respond in a way that would protect the students and stop the behavior. \u201cHe touched my breasts,\u201d claims Rukayat Bello. \"When saw her (upset said \u2018it's time to do something,\u2019\" Woodson said. The women say their complaints to supervisors were ignored. They eventually filed a police report. \"Howard University created a hostile and abusive working environment for all plaintiffs by continuing to employ Bright-Abu after being made aware of his ongoing physical and verbal sexual assault,\" said Christal Edwards, one of the attorneys who filed the lawsuit. \"When the University administration became aware of the allegations, we reported the case to the Metropolitan Police Department. The individual was subsequently charged and terminated from the university. We take the safety of our students very seriously,\" the university said in a statement to Fox5. Conversation 2/16/25, 11:31 5 students sue Howard Univ. for failure to protect them against sexual assault by employee 2/3 Loading 2/16/25, 11:31 5 students sue Howard Univ. for failure to protect them against sexual assault by employee 3/3", "7372_102.pdf": "Howard U. Facing Sexual Harassment Charges from Five Female Students by Staff December 3, 2011 Five female students have alleged in a lawsuit that Howard University failed to take action when a supervisor of a campus work-study program on campus allegedly sexually and verbally assaulted them. According to the lawsuit filed on behalf of the students, George Bright-Abu, a supervisor of the work- study program at The Founders Library on campus was accused last July of \u201cunwanted touching, flirting, fondling and degrading propositions of a sexual nature.\u201d The students also reported the conduct to police. Bright-Abu was arrested, charged and found guilty of two counts of sexual abuse and one count of simple assault. Graduate Mercedes Woodson, one of the victims, told NBC4 in Washington, D.C. that after she reported the abuse to university officials, they failed to investigate. Bright-Abu \u201casked me to come into his office and he came pretty close to me and touched my chest area,\u201d Woodson told the station did say something and rushed out.\u201d Another student, Rukayatu Bello, told the station that she was also assaulted at a later date, that she reported the incident to university officials and that nothing was done about it. Bright-Abu \u201csaid inappropriate things to me,\u201d said Bello, who also has since graduated. \u201cHe came on to me, was aroused, rubbed up against me, was trying to kiss me, all in his office.\u201d Both students filed a police report in April and Bright-Abu was arrested and charged. 2/16/25, 11:31 Howard U. Facing Sexual Harassment Charges from Five Female Students American Newspapers 1/2 \u00a9 2025 The Black Media Authority Powered by Newspack Bright-Abu was tried and convicted in the Superior Court of the District of Columbia. He was sentenced to serve 60 days for each count of sexual abuse and is serving 120 days in jail. Since then, three other students have claimed they too were victims of Bright-Abu and the university had yet again failed to act on the information. They are filing a civil lawsuit alleging sexual harassment and abuse against Howard University and Bright-Abu. The students\u2019 lawsuit also asks for unspecified monetary damages. In a statement to The Afro, Howard said it takes student safety seriously and moved to terminate Bright- Abu. \u201cWhile the University is unable to provide details on matters in current litigation, we can say that we take the safety of our students very seriously and have a strict sexual harassment policy in place. When the University administration became aware of the allegations, we worked closely with appropriate law enforcement authorities as well as conducted an internal investigation. The employee was quickly placed on administrative leave and later terminated from the University.\u201d 2/16/25, 11:31 Howard U. Facing Sexual Harassment Charges from Five Female Students American Newspapers 2/2", "7372_103.pdf": "Five Students Sue Howard University in Sexual Harassment Case Women say school failed to act on accusations By Natalie Lopez and Tom Sherwood \u2022 Published December 1, 2011 \u2022 Updated on December 1, 2011 at 6:32 pm Five female students filed a lawsuit against Howard University for failing to take any action after a number of students reported that they were sexually and verbally assaulted by an employee of the university. Last July, George Bright-Abu, a formal supervisor of the work-study program at The Founders Library of Howard University was accused of unwanted touching, flirting, fondling and degrading propositions of a sexual nature against two full-time female students and found guilty of two counts of sexual abuse and one count of simple assault. The first victim, Mercedes Woodson, reported the abuse to university officials, who failed to investigate the incident, lawyers said. Bright-Abu \u201casked me to come into his office and he came pretty close to me and touched my chest area,\u201d said Woodson, who has graduated did say something and rushed out.\u201d Rukayatu Bello was assaulted at a later date and also reported the incident to Howard University\u2019s officials, who again did nothing about it, lawyers said. Bright-Abu \u201csaid inappropriate things to me,\u201d said Bello, also a graduate. \u201cHe came on to me, was aroused, rubbed up against me, was trying to kiss me, all in his office.\u201d This past April, both students filed a police report and Bright-Abu was arrested and charged. \u201cWe called the police,\u201d Bello said. \u201cWe got him arrested. The university did nothing about it.\u201d Watch News 24/7 \ud83c\udfdb Trump Administration \u2614 Storm Team4 Forecast \ud83d\udea8Potomac Crash \ud83d\udce8 N\u2026 2/16/25, 11:31 Five Students Sue Howard University in Sexual Harassment Case \u2013 NBC4 Washington 1/3 Bright-Abu was tried and convicted in the Superior Court of the District of Columbia. He was sentenced to serve 60 days for each count of sexual abuse and is serving 120 days in jail. Since then, three other students have claimed they were victims of Bright-Abu and the university had yet again failed to act on the information. They are filing a civil lawsuit alleging sexual harassment and abuse against Howard University and Bright-Abu. \u201cHoward University did not provide the protection these students deserved while they were getting their education,\u201d said Cristal Edwards, one of the attorneys representing the complainants, in a statement to NBC4. \u201cIt was very unfortunate these ladies had to go through this and we unfortunately again believe there are other students. This lawsuit is important because we are also seeking that the university put effective policies and procedures in place so that this does not happen again.\u201d The suit also asks for unspecified monetary damages. In a statement to NBC4, Howard said it takes student safety seriously. \u201cWhen the university administration became aware of the allegations, we worked closely with appropriate law enforcement authorities as well as conducted an internal investigation,\u201d the school said in its statement. \u201cThe employee was quickly placed on administrative leave and later terminated from the university.\u201d Follow Washington to get the latest news, events and entertainment anytime, anywhere: on air, online, and on Facebook // Twitter. Weather Forecast 2/16/25, 11:31 Five Students Sue Howard University in Sexual Harassment Case \u2013 NBC4 Washington 2/3 38\u00b0 Fair 0.72% Precip 30 43 NBC4 Public Inspection File Accessibility Employment Information Send Feedback Applications Terms of Service Privacy Policy Cookie Notice Advertise with us Notice Ad Choices Copyright \u00a9 2025 NBCUniversal Media, LLC. All rights reserved 2/16/25, 11:31 Five Students Sue Howard University in Sexual Harassment Case \u2013 NBC4 Washington 3/3"} |
8,302 | Anson Dorrance | University of North Carolina – Chapel Hill | [
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"8302_102.pdf",
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] | {"8302_101.pdf": "Women's Soccer Coach Settles Sexual Harassment Suit Posted 11:27 a.m. Jan 14, 2008 \u2014 Updated 5:31 p.m. Jan 14, 2008 26 counties are under alert 2 closings/delays reported HILL, N.C. \u2014 The University of North Carolina at Chapel Hill reached a settlement Monday in a decade-old sexual harassment lawsuit filed against the university and its women's soccer coach. Spotlight Obituaries Classifieds Families First VCAs Best of Guid 43 2/16/25, 11:31 Women's Soccer Coach Settles Sexual Harassment Suit 1/7 The settlement includes $385,000 to former soccer player Melissa Jennings who, along with another player, filed the suit alleging claims of sexual harassment, invasion of privacy and interference with religious rights against longtime coach Anson Dorrance. Steve Kirschner, associate director of athletics for communications at the university, also confirmed that the settlement includes Dorrance issuing an apology to all of his players for inappropriate discussions of a sexual nature. Dorrance has said he participated in banter of a \"jesting or teasing nature\" with groups of players. He apologized to Jennings for the comments 10 years ago, according to a university news release issued Monday. \"Since August 1998 have looked forward to clearing my name in court,\" Dorrance said in the release. \"That is still true today understand, though, that after nine years of litigation, it is best for the university, our soccer program and all of us involved in this case for it to end here.\" Spotlight Obituaries Classifieds Families First VCAs Best of Guid 43 2/16/25, 11:31 Women's Soccer Coach Settles Sexual Harassment Suit 2/7 athletic Director Dick Baddour said the settlement does not constitute an admission of anything beyond what Dorance apologized for in 1998. \"The state's attorneys and the university\u00b9s attorneys and representatives were confident in the outcome of a trial,\" he said. The case has lasted more than nine years. Ending it now enables everyone to move forward.\" Jennings, a walk-on reserve goalkeeper for two seasons, alleged in her lawsuit that Dorrance harassed team members by asking about their sexual activity. She claimed that during a one-on-one meeting to discuss her academic and athletic progress, Dorrance bluntly asked about her sex life. Daniel Konicek, an Illinois attorney who represented Jennings, said the financial settlement was significant considering there was no allegations of physical contact and Dorrance was not fired. He also said the lawsuit raised national awareness of sexual-harassment issues involving college athletes. \"Melissa's life has changed,\" Konicek told The Associated Press. \"She wants to get on with her life. Litigation is a tough deal. She's been fighting for almost 10 years. She put up a good fight. In the long run she finished the race.\" Spotlight Obituaries Classifieds Families First VCAs Best of Guid 43 2/16/25, 11:31 Women's Soccer Coach Settles Sexual Harassment Suit 3/7 Jennings said Dorrance created an environment that violated the federal Title law by denying her the benefits of collegiate sports. The settlement is intended to reimburse her for most of the attorney\u00b9s fees she accumulated over the nine-year history of the suit, the university said. The athletic department will pay the settlement from its 2007-08 operating budget. Dorrance, who still coaches the Tar Heels, is the nation's most decorated women's soccer coach, having led the team to 19 national championships since 1979. He was also the coach of the women's national team from 1986-1994, leading them to a gold medal in 1991 at the inaugural women's World Cup tournament. Dorrance and star forward Mia Hamm won championships each year she was at North Carolina from 1989 to 1993. Other star players he has coached include April Heinrichs, Kristine Lilly, Carla Overbeck, Lindsay Tarpley and Cat Reddick federal judge dismissed the Jennings case in 2004, but the 4th Circuit Court of Appeals revived it last year and sent the case back to the court for a jury trial. Spotlight Obituaries Classifieds Families First VCAs Best of Guid 43 2/16/25, 11:31 Women's Soccer Coach Settles Sexual Harassment Suit 4/7 \"We have never believed that the case had any merit,\" UNC-Chapel Hill Chancellor James Moeser said. \"We\u00b9ve stood by Coach Dorrance since this case started, and we stand by him now.\" In 2004, the university settled Debbie Keller, the other player who filed the lawsuit, for $70,000, a written apology and under the term that Dorrance attend sensitivity training for eight years UNC, Dorrance Settle Part Of 1998 Lawsuit Filed By Former Soccer Players Players Stand By Their Soccer Coach Copyright 2025 by WRAL.com and the Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed Townsend's free throws help No. 12 Tar Heels edge No. 10 Wolfpack 66-65 58 Spotlight Obituaries Classifieds Families First VCAs Best of Guid 43 2/16/25, 11:31 Women's Soccer Coach Settles Sexual Harassment Suit 5/7 WeatherCenter Forecast Evening Pick 3 Pick 4 and Cash 5 Daytime Pick 3 and Pick 4 Drawing Powerball Drawing Hamlin expected a late caution would give him a 4th Daytona 500 win never threw the yellow Stephen Curry captures honors in All-Star Game at home, leads Shaq\u2019s OGs to victory The Latest: William Byron wins Daytona 500 for the second straight year Ludvig Aberg rallies down the stretch at Torrey Pines to win the Genesis Invitational 12 17 \u00b7 2:46 \u00b7 1:28 \u00b7 1:22 \u00b7 0:53 \u2023 \u2023 Spotlight Obituaries Classifieds Families First VCAs Best of Guid 43 2/16/25, 11:31 Women's Soccer Coach Settles Sexual Harassment Suit 6/7 Mega Millions Drawing People of Careers Contests Help Ways to Reach Us Send tips, photos or videos Submit a correction Advertise with Us Newsletters & Alerts Our Apps Listings Terms of Use Advertising Terms and Conditions Privacy Policy Ad Choices Raleigh Wilmington Public File Applications Closed Captioning \u00a92025 Capitol Broadcasting Company, Inc \u00b7 0:41 \u2023 \u2023 \u2022 \u2022 Spotlight Obituaries Classifieds Families First VCAs Best of Guid 43 2/16/25, 11:31 Women's Soccer Coach Settles Sexual Harassment Suit 7/7", "8302_102.pdf": "4TH Debbie Keller, Plaintiff, v (2007) United States Court of Appeals,Fourth Circuit. Melissa JENNINGS, Plaintiff-Appellant, Debbie Keller, Plaintiff, v CAROLINA, at Chapel Hill; Anson Dorrance, individually and as women's soccer coach at UNC; William Palladino, individually and as assistant women's soccer coach at UNC; Chris Ducar, individually and as assistant women's soccer coach at UNC; Bill Prentice, individually and as athletic trainer at UNC; Michael K. Hooker, individually and as Chancellor at UNC; Susan Ehringhaus, individually and as assistant to the Chancellor at UNC; Richard A. Baddour, individually and as Director of Athletics for UNC; Beth Miller, individually and as Senior Associate Director of Athletics at UNC; John Swofford, individually and as former Director of Athletics for UNC; All Defendants, Defendants-Appellees. No. 04-2447. Decided: April 09, 2007 Before WILKINS, Chief Judge, and NIEMEYER, WILLIAMS, MICHAEL, MOTZ, TRAXLER, KING, GREGORY, SHEDD, and DUNCAN, Circuit Judges. ARGUED: Daniel Francis Konicek, Konicek & Dillon, P.C., Geneva, Illinois, for Appellant. Thomas J. Ziko, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees BRIEF: Jeffrey T. Mitchell, Konicek & Dillon, P.C., Geneva, Illinois, for Appellant. Joyce S. Rutledge, Assistant Attorney General, North Carolina Department of \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 1/46 Justice, Raleigh, North Carolina, for Appellees; Douglas E. Kingsbery, Tharrington Smith, L.L.P., Raleigh, North Carolina, for Appellee Anson Dorrance, individually and as women's soccer coach at Melissa Jennings, a former student and soccer player at the University of North Carolina at Chapel Hill or the University), claims that her coach, Anson Dorrance, persistently and openly pried into and discussed the sex lives of his players and made sexually charged comments, thereby creating a hostile environment in the women's soccer program. Jennings sued UNC, Dorrance, Susan Ehringhaus (Assistant to the Chancellor and legal counsel to UNC), and several other individuals associated with the University, alleging violations of Title of the Educational Amendments of 1972 (20 U.S.C. \u00a7 1681 et seq.), 42 U.S.C. \u00a7 1983, and the common law. The district court awarded summary judgment to the defendants. After considering Jennings's appeal en banc, we vacate the summary judgment on her Title claim, her \u00a7 1983 claim against Dorrance for sexual harassment, and her \u00a7 1983 claim against Ehringhaus for sexual harassment based on supervisory liability. The summary judgment on the remaining claims and minor procedural rulings are affirmed. I. Because Jennings was the non-movant in the summary judgment proceedings, we recite the facts, with reasonable inferences drawn, in her favor. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986 has the country's most successful women's soccer program at the college level. The team, with Dorrance as head coach, has won the most national championships in the history of the sport. In light of this record, young women soccer players with exceptional talent covet the opportunity to play on Dorrance's team. Dorrance personally recruited Jennings while she was in high school, and she joined the team at the start of her freshman year in August 1996. Jennings was one of four goalkeepers until Dorrance cut her from the team in May 1998, at the end of her sophomore year. Jennings was seventeen when she started playing for Dorrance, and he was forty-five. Once Jennings became a member of the team, she was distressed to learn that Dorrance engaged in sexually charged talk in team settings. Dorrance bombarded players with crude questions and comments about their sexual activities and made comments about players' bodies that portrayed them as sexual objects. In addition, Dorrance expressed (once within earshot of Jennings) his sexual fantasies about certain players, and he made, in plain view, inappropriate advances to another. This behavior on Dorrance's part occurred on a regular basis, particularly during team warm-up time at the beginning of practice. The sex-focused talk that Dorrance initiated or encouraged occurred at other times as well, or, as one player put it, \u201canytime the team was together,\u201d whether \u201con a plane, in a car, or on 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 2/46 a bus, in a hotel, at practice, out of town, at events.\u201d J.A. 1066. Dorrance subjected Jennings or her teammates to sexually charged inquiries and comments in the following particulars. In front of the entire team, Dorrance asked one player nearly every day \u201cwho [her] fuck of the minute is, fuck of the hour is, fuck of the week [is],\u201d whether there was a \u201cguy [she] ha[dn't] fucked yet,\u201d or whether she \u201cgot the guys' names as they came to the door or \u2024 just took a number.\u201d J.A. 1237-38, 1261-62. He asked a second player if she was \u201cgoing to have sex with the entire lacrosse team,\u201d and advised a third, \u201c[Y]ou just have to keep your knees together \u2024 you can't make it so easy for them.\u201d J.A. 1127. Dorrance frequently focused on a fourth player's sex life with questions such as whether she was going to have a \u201cshag fest\u201d when her boyfriend visited and whether she was \u201cgoing to fuck him and leave him.\u201d J.A. 1238, 1248. The coach \u201cdirect[ed] inquir[ies]\u201d to a fifth player about the size of her boyfriend's genitalia. J.A. 1452. During practice Dorrance regularly commented on certain players' bodies, referring to their \u201cnice legs,\u201d \u201cnice rack[s],\u201d breasts \u201cbouncing,\u201d \u201casses in spandex,\u201d and \u201ctop heav[iness].\u201d J.A. 393, 1073, 1229, 1236. Dorrance also called a player \u201cChuck\u201d (her name was Charlotte) because he believed that she was a lesbian. J.A. 1228. He inquired pointedly in her presence about her sexual orientation, asking \u201c[D]oes she not like the guys?\u201d J.A. 1283. Dorrance disclosed his sexual fantasies about several players. He told one player, Debbie Keller, that he would \u201cdie to be a fly on the wall\u201d the first time her roommate, another team member, had sex. J.A. 1068. Dorrance admitted to Keller the reason for his fascination about how her roommate might react during sex: he believed the young woman \u201cwas a very sexual person by nature,\u201d yet she was a virgin who was \u201cfighting her inner self\u201d because she was \u201cso religious\u201d (a born-again Christian). J.A. 1070. Another incident in this category occurred during a water break at practice, when Jennings overheard Dorrance tell a trainer that he fantasized about having \u201can Asian threesome\u201d (group sex) with his Asian players. J.A. 1284-85. Dorrance did not limit himself to inappropriate speech. He showed overt affection-affection of the sort that was not welcomed-for one player, Keller, in front of the entire team. He paid inordinate attention to Keller, frequently brushing her forehead, hugging her, rubbing her back, whispering in her ear, dangling a hand in front of her chest, or touching her stomach. Dorrance took other undue liberties with respect to Keller. For example, during one weight-lifting session when the players were lightly clad, Dorrance called Keller over to him and walked her outside \u201ctowards the stadium, putting his arms around her.\u201d J.A. 1432. Also, one evening Dorrance telephoned for Keller at home, and one of her roommates (not a soccer player) told him that Keller was out with her boyfriend. Dorrance retorted, \u201cWhat is she doing, out having sex all over Franklin Street?\u201d J.A. 1073. Dorrance told Keller that he \u201ccouldn't hide his affection for [her]\u201d and said that \u201cin a lifetime you should be as intimate with as many people as you can.\u201d J.A. 1011. 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 3/46 Jennings listened as Dorrance focused on the sex life of one player after another.1 Jennings sought desperately to avoid Dorrance's questions and ridicule about her personal life. She therefore tried to \u201cstay out of [his] radar\u201d by not participating in the discussions. J.A. 1242. She was targeted nevertheless. During a fall tournament in California at the end of Jennings's freshman season, Dorrance held one-on-one meetings with players in his hotel room to assess their performance for the season. Dorrance told Jennings that she was in danger of losing her eligibility to play soccer if her grades did not improve. In the midst of this discussion, Dorrance asked Jennings, \u201cWho are you fucking?\u201d J.A. 1330. She replied that it was \u201c[n]one of his God damn business\u201d what she did off field. J.A. 1325. As Jennings described the scene was 17 when he asked me that in a dark hotel room, knee-to-knee, bed not made, sitting at one of those tiny tables.\u201d J.A. 1230. She felt acutely uncomfortable. Jennings again found herself the target of Dorrance's sexual inquiries in a warm-up session during her sophomore year. Some of the players and Dorrance were discussing one player's weekend, called a \u201cshag fest\u201d by Dorrance, which ended with a young man crawling out of her window. Attention turned to Jennings, who had spent the same weekend with her boyfriend at another school. One player asked, using Jennings's nickname, \u201c[W]ell, what about Trim'n?\u201d, J.A. 1246, and Dorrance immediately \u201cchimed in,\u201d saying \u201c[Y]es, what about Trim'n?\u201d J.A. 1252. The coach wanted to know whether Jennings had \u201cthe same good weekend\u201d as the player whose weekend he had just described as a shag fest. J.A. 1248. Dorrance thus encouraged the interrogation about personal sexual activity to \u201cslide over\u201d to Jennings for several minutes. J.A. 1249, 1254-55. She felt humiliated and refused to respond. Jennings felt \u201cuncomfortable, filthy and humiliated\u201d by Dorrance's persistent focus on sex and the sexual activities of his players. J.A. 1242. Dorrance's questions and comments moved from girl to girl to girl, putting Jennings in constant fear that she would be his target at some point, as she was. Jennings could not escape the anxiety that she felt and witnessed in others. She saw two players who were specifically targeted by Dorrance react with tears and facial expressions that portrayed feelings of disgust or unhappiness. The player Dorrance called \u201cChuck\u201d was offended by his open focus on her sexual orientation. J.A. 1282-83. Amy Steelman, a player who was not specifically targeted, was \u201cvery uncomfortable with [the] sexually charged environment\u201d that Dorrance had \u201ccreated and encouraged.\u201d J.A. 1452. The environment \u201cwas so damaging that it affected [Steelman's] emotional well-being, and [she] would frequently come home crying\u201d from practice. Id. Keller's intense discomfort at Dorrance's constant touching and affection was plainly evident from her body language and facial expression. Keller confirmed that Dorrance's touching and caressing \u201cmade [her] skin crawl\u201d and made her \u201cfe[el] dirty.\u201d J.A. 1145. During the fall of her freshman year Jennings notified about the hostile sexual environment that Dorrance had created within the women's soccer program. She lodged a complaint in a meeting with Susan Ehringhaus, legal counsel to the University and Assistant to the Chancellor. Jennings \u201cgave 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 4/46 [Ehringhaus] a [complete] rundown\u201d about Dorrance's persistence in talking about players' sex lives when the team was assembled for practice or other activities. J.A. 1343. She reported her feelings of humiliation and discomfort. Ehringhaus dismissed these concerns and suggested that Jennings simply \u201cwork it out\u201d with Dorrance. J.A. 1341. Jennings's complaint thus remained unaddressed by the administration. Jennings stayed on the team until she was cut by Dorrance during exams at the end of her sophomore year. He cited inadequate fitness as the reason. Over the next several days, Jennings's parents submitted several complaints to the Chancellor's office about Dorrance's regular involvement in discussions about the sexual activities of his players. Thereafter, the Director of Athletics, Richard Baddour, conducted an administrative review pursuant to UNC's sexual harassment policy. Dorrance admitted that he participated in group discussions with players about their sex lives, but claimed that his comments were only \u201cof a jesting or teasing nature.\u201d J.A. 1531. The review ended with Athletic Director Baddour sending a letter of apology to Jennings's father and a brief, mild letter of reprimand to Dorrance. Baddour wrote to Mr. Jennings on June 9, 1998, apologizing for Dorrance's \u201cinappropriate \u2024 involvement in [sexual] discussions\u201d with his team members. J.A. 1531. Dorrance indicated his own apology by counter-signing the letter. One day later, Baddour wrote to Dorrance declaring it \u201cinappropriate for [Dorrance] to have conversations with members of [the] team (individually or in any size group) regarding their sexual activity.\u201d J.A. 1533. In August 1998, at the start of Jennings's junior year, she and Keller brought this action against and several individuals associated with the University, including Dorrance and Ehringhaus, asserting (among others) claims under Title and \u00a7 1983. After the lawsuit was filed, Jennings was threatened and harassed to the extent that officials warned her that they could not guarantee her safety on campus. At UNC's urging, she spent her senior year at another school and was then awarded a degree. Keller settled her claims and took a dismissal with prejudice. Jennings's case proceeded to the entry of summary judgment in favor of the defendants. She appealed and a divided panel of this court affirmed the judgment. Jennings v. Univ. of N.C., at Chapel Hill, 444 F.3d 255 (4th Cir.2006). We vacated the panel decision and reheard the case en banc. Our review of the district court's grant of summary judgment is de novo. Hill v. Lockheed Martin Logistics Mgmt., Inc., 354 F.3d 277, 283 (4th Cir.2004) (en banc). II. Jennings claims that discriminated against her in violation of Title by allowing Dorrance, the women's soccer coach, to subject her to severe and pervasive sexual harassment in the women's soccer program. Title provides that \u201c[n]o person \u2024 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). Discrimination under Title includes 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 5/46 coach-on-student sexual harassment that creates a hostile environment in a school sports program. See Franklin v. Gwinnett County Pub. Schs., 503 U.S. 60, 75, 112 S.Ct. 1028, 117 L.Ed.2d 208 (1992) (stating that teacher's sexual harassment of student is covered by Title private right of action against the institution is implied under Title IX, Cannon v. Univ. of Chicago, 441 U.S. 677, 709, 99 S.Ct. 1946, 60 L.Ed.2d 560 (1979), and money damages are available as a remedy, Franklin, 503 U.S. at 76, 112 S.Ct. 1028. To establish a Title claim on the basis of sexual harassment, a plaintiff must show that (1) she was a student at an educational institution receiving federal funds, (2) she was subjected to harassment based on her sex, (3) the harassment was sufficiently severe or pervasive to create a hostile (or abusive) environment in an educational program or activity, and (4) there is a basis for imputing liability to the institution. See Frazier v. Fairhaven Sch. Comm., 276 F.3d 52, 66 (1st Cir.2002). We look to case law interpreting Title of the Civil Rights Act of 1964 for guidance in evaluating a claim brought under Title IX. See, e.g., Davis v. Monroe County Bd. of Educ., 526 U.S. 629, 651, 119 S.Ct. 1661, 143 L.Ed.2d 839 (1999); Franklin, 503 U.S. at 75, 112 S.Ct. 1028. A. Jennings can establish the first element of her Title claim without dispute: she was a student at UNC, an institution receiving federal funds. On the second element of her claim, Jennings must proffer facts showing that Dorrance subjected her to harassment (verbal in this case) based on her sex. See 20 U.S.C. \u00a7 1681(a). Sexual harassment occurs when the victim is subjected to sex-specific language that is aimed to humiliate, ridicule, or intimidate. See Meritor Savings Bank v. Vinson, 477 U.S. 57, 65, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986); Ocheltree v. Scollon Prods., Inc., 335 F.3d 325, 331-32 (4th Cir.2003 coach's sexually charged comments in a team setting, even if not directed specifically to the plaintiff, are relevant to determining whether the plaintiff was subjected to sex-based harassment. See Spriggs v. Diamond Auto Glass, 242 F.3d 179, 184 (4th Cir.2001) (considering, in Title case, hostile comments concerning African Americans in general as well as similar comments directed specifically toward plaintiff argues that Dorrance's sex-focused comments were \u201cof a joking and teasing nature\u201d that did not amount to sexual harassment. Appellees' Br. at 22; see Faragher v. City of Boca Raton, 524 U.S. 775, 788, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998) (noting that \u201csimple teasing [and] offhand comments\u201d do not amount to sexual harassment) (internal quotation marks and citation omitted). The facts, when viewed in the light most favorable to Jennings, show that Dorrance's persistent, sex-oriented discussions, both in team settings and in private, were degrading and humiliating to his players because they were women. His conduct went far beyond simple teasing and qualified as sexual harassment. See Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 81-82, 118 S.Ct. 998, 140 L.Ed.2d 201 (1998); 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 6/46 Harris v. Forklift Sys., Inc., 510 U.S. 17, 21, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993); Ocheltree, 335 F.3d at 332. Dorrance, in front of the entire team, frequently singled out individual players to find out whether, with whom, and how often they were having sex. He put the questions crudely and bluntly, asking, for example, \u201c[Who is your] fuck of the week[?]\u201d, J.A. 1237, \u201c[Are you] going to fuck [your boyfriend] and leave him [?]\u201d, J.A. 1248, and \u201cHow many guys in the [lacrosse] team did [you] fuck?\u201d, J.A. 1238. As Jennings expected, Dorrance ultimately asked her (albeit in private) a similar question, \u201cWho are you fucking?\u201d J.A. 1330. Dorrance even asked one player about the size of her boyfriend's genitalia and suggested to another that she \u201cjust had to keep [her] knees together.\u201d J.A. 1127. Dorrance fixated on one player's large breasts, pronouncing that they made her top-heavy and gave her poor balance. These sorts of questions and comments, which frequently carried the strong suggestion of promiscuity, provoked in several players acute feelings of humiliation and degradation that were directly linked to their gender. The nature of Dorrance's language, in other words, establishes that he was targeting the young women because of their sex. See Ocheltree, 335 F.3d at 332. Finally, Dorrance's reckless comments about his sexual fantasies-to a trainer that he would like to have group sex with his Asian players and to Debbie Keller that he would like to be a fly on the wall the first time one player had sex-assist in demonstrating that his pronounced interest in discussing his players' sex lives transcended simple teasing or joking. In short, Jennings proffers sufficient facts for a jury to find that Dorrance subjected her to sexual harassment. B. We next consider whether Jennings proffers facts to permit a finding that Dorrance's sex-based harassment was sufficiently severe or pervasive to create a hostile or abusive environment in the women's soccer program. Harassment reaches the sufficiently severe or pervasive level when it creates \u201can environment that a reasonable person would find hostile or abusive\u201d and that the victim herself \u201csubjectively perceive[s] \u2024 to be abusive.\u201d Harris, 510 U.S. at 21, 114 S.Ct. 367. Whether gender- oriented harassment amounts to actionable (severe or pervasive) discrimination \u201cdepends on a constellation of surrounding circumstances, expectations, and relationships.\u201d Davis, 526 U.S. at 651, 119 S.Ct. 1661 (quoting Oncale, 523 U.S. at 82, 118 S.Ct. 998). All the circumstances are examined, including the positions and ages of the harasser and victim, whether the harassment was frequent, severe, humiliating, or physically threatening, and whether it effectively deprived the victim of educational opportunities or benefits. See Davis, 526 U.S. at 650-51, 119 S.Ct. 1661; Harris, 510 U.S. at 23, 114 S.Ct. 367. Evidence of a general atmosphere of hostility toward those of the plaintiff's gender is considered in the examination of all the circumstances. See Harris, 510 U.S. at 19, 114 S.Ct. 367 (considering harassment directed at both plaintiff and her female co-workers); see also Spriggs, 242 F.3d at 184 (stating that, \u201cWe are, after all, concerned with the \u2018environment\u2019 of \u2024 hostility, and whatever the contours of one's environment, they surely may exceed the individual dynamic between the 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 7/46 complainant and [her harasser].\u201d). These standards for judging hostility ensure that Title does not become a \u201cgeneral civility code.\u201d See Oncale, 523 U.S. at 80, 118 S.Ct. 998. \u201c[S]imple teasing, offhand comments, and isolated incidents (unless extremely serious) will not amount to discriminat[ion].\u201d Faragher, 524 U.S. at 788, 118 S.Ct. 2275 (internal quotation marks omitted). \u201cCommon sense, and an appropriate sensitivity to social context, will enable courts and juries\u201d to identify objectively hostile or abusive conduct. Oncale, 523 U.S. at 81-82, 118 S.Ct. 998. Here, a jury could reasonably find that Dorrance's persistent sexual harassment was sufficiently degrading to young women to create a hostile or abusive environment. Dorrance was not just any college coach. He was and still is the most successful women's soccer coach in U.S. college history, and he has coached the national team. Dorrance thus had tremendous power and influence over a player's opportunity for achievement in the soccer world, both at and beyond. As Jennings put it, \u201c[g]irls would cut off their right arm to be [at UNC]\u201d and play for Dorrance. J.A. 1227. Dorrance encouraged his players to confide in him about all aspects of their personal lives, including the details of their sexual activities. He professed to them that he wanted to be a father figure. In reality, Dorrance abused his power as coach to ask his players questions a father would not ask; he pried into and talked openly about his players' sex lives in a way that was disrespectful and degrading. The disparity in power between Dorrance and his players trapped players into responding to his questions and enduring the environment. See Crandell v. N.Y. College of Osteopathic Med., 87 F.Supp.2d 304, 319 (S.D.N.Y.2000) (denying summary judgment in part because \u201cunequal power relationship\u201d between harasser and victim could support a jury finding of a sexually hostile environment). As the coach, Dorrance controlled everything: team membership, position, playing time, and scholarship eligibility. Even Debbie Keller, the team captain and a star player, was acutely mindful of Dorrance's enormous power and influence, and she took care not to provoke him. Keller was troubled by Dorrance's persistent focus on sex. \u201c[A]ll [of his] comments about his affection\u201d for her, together with the inappropriate touching, \u201cmade [her] skin crawl\u201d and made her \u201cfe[el] dirty.\u201d J.A. 1145. Dorrance's conduct put constant pressure on Keller because she \u201cdidn't want to tick him off to a point \u2024 where he would take it out on [her] by not playing [her].\u201d J.A. 1120. Jennings similarly described the pressure on players to submit to Dorrance's excessive intrusion into their sex lives: \u201c[H]ow do you say anything [to stop him?] \u2024 You are stuck between a rock and a hard place.\u201d J.A. 1290. Any age disparity between the harasser and his victim is also relevant to gauging whether there was a hostile or abusive sexual environment. Davis, 526 U.S. at 651, 119 S.Ct. 1661. Here, Dorrance was a forty-five-year-old man probing into and commenting about the sexual activities of young women, some of whom, like Jennings, were as young as seventeen. Indeed, Jennings felt the extra pressure of age difference when Dorrance called her to his California hotel room to assess her performance as a freshman player. Jennings describes the scene was 17 when he asked me [\u2018Who are you fucking?\u2019] in a dark hotel room, knee-to-knee, bed not made, sitting at one of those tiny tables.\u201d J.A. 1230. 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 8/46 Jennings had good reason to fear that she too would be targeted by Dorrance, for he had subjected her to a general environment of sexual harassment. She had witnessed his degrading and persistent focus on the sex lives of other players. She observed Dorrance's sex-based humiliation of several of her teammates, and she heard his demeaning comments. Dorrance openly accused at least three players of being promiscuous, asking them degrading questions such as, \u201cIs there a guy you haven't fucked yet?\u201d. J.A. 1261-62. Dorrance turned news about visits by boyfriends into speculation about rampant sex. Thus, he asked one player whether she was going to have a \u201cshag fest\u201d when her boyfriend visited, and whether she was \u201cgoing to fuck him and leave him.\u201d J.A. 1248. No aspect of his players' sex lives appeared off limits for Dorrance. He asked one player about the size of her boyfriend's genitalia. He mocked a lesbian player by calling her \u201cChuck\u201d and asking in front of the team why \u201cshe [did] not like the guys.\u201d J.A. 1283. He expressed his fantasies to a trainer about wanting to have group sex with his Asian players (this Jennings overheard) and to Keller about his voyeuristic interest in watching the first time one player, whom Dorrance believed was a virgin with repressed sexual desire, had intercourse. These two private incidents together with overt displays of affection toward Keller and his graphic comments about the \u201cnice rack[s]\u201d or \u201cnice legs\u201d of certain players, J.A. 1229, 1236, indicate that Dorrance viewed at least some of his players as sexual objects. Dorrance's sex-based verbal abuse permeated team settings. It is described by players as occurring frequently, often during team warm-up time, on a typical Monday afternoon (the first practice date after the weekend), or any time the team was together, whether at home or traveling. According to Jennings, two players in particular were targeted with humiliating comments or questions about their sex lives almost every day or every other day. Dorrance's persistent talk about his players' sex lives caused Jennings to live in constant fear that he would at some point direct his \u201cfilthy comments\u201d at her, as he shifted his focus from player to player. J.A. 1243. Jennings tried to stay off of Dorrance's \u201cradar\u201d when he was on the topic of sex, J.A. 1242, but she was nevertheless targeted in the team setting. Thus, in a team warm-up session during Jennings's sophomore year, Dorrance asked whether Jennings had had \u201cthe same good weekend\u201d with her boyfriend as a player whose weekend he had just described as a \u201cshag fest.\u201d J.A. 1248. Jennings was humiliated by this question and did not respond jury could reasonably find that Dorrance's two incidents (the hotel room encounter being the first) of direct harassment of Jennings were more abusive in light of the general, sexually charged environment. In other words, the incidents were not isolated events, but were part of an abusive pattern that instilled fear and dread. The sexually charged atmosphere perpetuated by Dorrance left other players besides Jennings with feelings of humiliation and discomfort. Keller was repulsed by Dorrance's inappropriate touching, and she regarded it as \u201ckind of sick\u201d when he told her he \u201cwant[ed] to watch [her] friend have sex.\u201d J.A. 1069. Amy Steelman \u201cwas shocked by the pervasive and frequent [sexual] discussions\u201d that Dorrance 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 9/46 \u201cfrequently provoked\u201d and \u201calways encouraged;\u201d she felt \u201cvery uncomfortable with his sexually charged environment,\u201d and she \u201cwould frequently [go] home crying\u201d as a result. J.A. 1452. Both Jennings and Steelman observed that Dorrance's comments visibly upset other players as well. One, who was constantly portrayed by Dorrance as sexually promiscuous, was reduced to tears as a result of his accusations. Still another got an upset or disgusted look on her face after Dorrance focused on her breasts (her \u201crack,\u201d as he put it) and called her top heavy. J.A. 1270-71 lesbian player, whose sexual orientation was highlighted by Dorrance, was noticeably bothered by this attention. Evidence that other players shared Jennings's humiliation and discomfort assists in showing that she was objectively reasonable in finding the environment hostile and abusive. Cf. Hayut v. State Univ. of N.Y., 352 F.3d 733, 747 (2d Cir.2003) (characterizing reactions of plaintiff's peers to conduct directed at plaintiff as \u201csignificant to the mandated objective analysis\u201d of whether conduct was sufficiently severe to be actionable under Title IX). In sum, Jennings has proffered sufficient facts for a jury to find that Dorrance's degrading and humiliating conduct was sufficiently severe or pervasive to create a sexually hostile environment. This conclusion takes into account the informal, sometimes jocular, college sports team atmosphere that fosters familiarity and close relationships between coaches and players male coach might use sexual slang in front of his women players, and the players might do the same in front of the coach. Title is not a civility code for the male coach who coaches women, and it is not meant to punish such a coach for off-color language that is not aimed to degrade or intimidate. What happened in this case, if Jennings's version of the facts is believed, is that Dorrance took advantage of the informal team setting to cross the line and engage in real sexual harassment that created a hostile or abusive environment Title plaintiff completes her hostile environment showing at the summary judgment stage if, based on her proffered evidence, the sexual harassment \u201ccan be said to deprive [her] of access to \u2024 educational opportunities or benefits.\u201d Davis, 526 U.S. at 650, 119 S.Ct. 1661 (emphasis added). Davis explains that a sexual harassment victim \u201ccan be said\u201d to have been deprived of access to educational opportunities or benefits in several circumstances, including when the harassment (1) results in the physical exclusion of the victim from an educational program or activity; (2) \u201cso undermines and detracts from the victim['s] educational experience\u201d as to \u201ceffectively den[y her] equal access to an institution's resources and opportunities\u201d; or (3) has \u201ca concrete, negative effect on [the victim's] ability\u201d to participate in an educational program or activity. Id. at 650-51, 654, 119 S.Ct. 1661.2 These alternative ways of showing deprivation or harm are rooted in the statute. Specifically, Title states that a covered institution cannot, on the basis of sex, (1) \u201cexclude [ ] [a person] from participation in,\u201d (2) \u201cden[y] [a person] the benefits of,\u201d or (3) \u201csubject[ ] [a person] to discrimination under any education program or activity.\u201d 20 U.S.C. \u00a7 1681(a). Davis hews to the statute in pointing out that sexual harassment reaches the level of actionable discrimination when it has \u201ca concrete, negative effect on 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 10/46 [the victim's] ability\u201d to participate in a program or activity. See Davis, 526 U.S. at 654, 119 S.Ct. 1661. Thus, in relying on Davis's \u201cconcrete, negative effect\u201d language in the discussion that follows, we have neither gutted that case's deprivation standard nor contravened the text of the statute, as the dissent suggests. See post at 718. In all events, the burden of showing a concrete, negative effect is sufficiently rigorous. It is, in simple terms, an effect that is concrete (or real), negative, and substantial. Jennings has met the burden here with evidence showing that Dorrance's severe and pervasive sexual harassment concretely and negatively affected her ability to participate in the soccer program. She testified that the hostile atmosphere created by Dorrance made her feel humiliated, anxious, and uncomfortable; these effects, in turn, had a negative impact on her participation and performance in soccer and on her academic performance. Jennings's testimony is supported by a psychiatrist's opinion that Dorrance's destructive practice of verbal sexual abuse caused her to suffer severe emotional distress. The dissent suggests that the slight improvements in Jennings's grades, her belief that she was improving as a player, and her surprise and disappointment at being cut do not depict a player who has been effectively \u201cdenied the educational opportunity of playing on the team.\u201d Post at 723. This evidence does not prevent Jennings from establishing that she has a triable issue on the last part of the hostile environment element of her Title claim. If anything, it shows how hard Jennings was trying, and what she believed she was achieving, in spite of the hostile environment. When Dorrance cut Jennings from the team in the middle of exams in May 1998, her cumulative was 1.964, below passing. When she finished exams, and the grades were recorded, her was 2.022, barely above passing. This subpar academic performance gives substance to Jennings's testimony that her was so low because the hostile soccer environment made it difficult for her to focus on her studies. Likewise, Jennings's acknowledgment that she was disappointed at being cut does not, at the summary judgment stage, defeat her evidence that she was harmed by the hostile environment, both emotionally and in her performance as a player. Jennings was understandably disappointed because she had lost the opportunity to play on the country's premier women's college soccer team. Her disappointment, however, does not detract from the fact that she had to endure sexual harassment in order to play jury could reasonably find that the harassment interfered substantially with Jennings's ability to participate in the soccer program, notwithstanding her desire to stay on the team. At practice, for example, Jennings was in constant fear that Dorrance would direct his questions about sexual activities to her. This prompted her to concentrate on \u201cstay[ing] out of [Dorrance's] radar\u201d when he was on the subject of sex. J.A. 1242. This surely had a negative effect on her ability to concentrate on soccer. Moreover, the general, sex-charged environment that Dorrance perpetuated caused Jennings to feel humiliated, anxious, and uncomfortable jury could reasonably agree with her that the burden of these feelings had a \u201cnegative[ ] impact[ ]\u201d on her \u201cperformance on the soccer field.\u201d J.A. 1585. In sum, a jury could find that the total impact of Dorrance's severe and pervasive harassment, including the 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 11/46 severe emotional distress it caused Jennings to suffer, had a concrete, negative effect on her ability to participate in the soccer program. C. Finally, Jennings must provide a basis for imputing liability to for Dorrance's conduct. An institution can be held liable for a Title violation only if \u201can official who \u2024 has authority to address the alleged discrimination and to institute corrective measures \u2024 has actual knowledge of discrimination in the [institution's] programs and fails adequately to respond\u201d or displays \u201cdeliberate indifference\u201d to discrimination. Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274, 290, 118 S.Ct. 1989, 141 L.Ed.2d 277 (1998). Jennings's facts show that in the fall of 1996 Jennings met with Susan Ehringhaus, Assistant to the Chancellor and counsel to the University. Ehringhaus was UNC's highest ranking lawyer and an official responsible for fielding sexual harassment complaints. Jennings informed Ehringhaus that Dorrance had created an abusive environment in the women's soccer program. Ehringhaus was given vivid details of Dorrance's sexual comments about his players when the team was together. Jennings also reported that the situation was causing her intense feelings of discomfort and humiliation. Ehringhaus dismissed this complaint by telling Jennings that Dorrance was a \u201cgreat guy\u201d and that she should work out her problems directly with him. J.A. 1341-42. Ehringhaus took no action on the complaint, and Dorrance's harassment continued. These facts are sufficient to establish that Jennings gave Ehringhaus, and by extension UNC, actual notice of the hostile environment created by Dorrance. This notice and the University's failure to take any action to remedy the situation would allow a rational jury to find deliberate indifference to ongoing discrimination. * * * For the foregoing reasons, Jennings has presented sufficient evidence to raise triable questions of fact on all disputed elements of her Title claim against UNC, and the district court erred in granting the University's motion for summary judgment. III. Jennings asserts \u00a7 1983 claims for sexual harassment against Dorrance, Ehringhaus, and several other individuals who were employed by UNC. These defendants, according to Jennings, acted \u201cunder color of\u201d state law to deprive her of \u201crights, privileges or immunities secured by the Constitution and laws\u201d of the United States, 42 U.S.C. \u00a7 1983, specifically her Fourteenth Amendment equal protection right to be free from sexual harassment in an educational setting, see Hayut, 352 F.3d at 743-44. The district court granted summary judgment to all of the individual defendants on these claims, but we conclude that Jennings has triable claims against Dorrance and Ehringhaus. 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 12/46 To survive Dorrance's motion for summary judgment on her \u00a7 1983 sexual harassment claim against him, Jennings must show that he was a state actor, he harassed her because of sex, and the harassment was sufficiently severe or pervasive to interfere unreasonably with her educational activities. See id. at 744 (explaining that \u00a7 1983 sexual harassment claims based on a hostile environment theory \u201care governed by traditional Title \u2024 jurisprudence\u201d). First, \u201c \u2018[s]tate employment is generally sufficient to render the defendant a state actor,\u2019 \u201d and a defendant necessarily \u201cacts under color of state law when he abuses the position given to him by the State.\u201d West v. Atkins, 487 U.S. 42, 49-50, 108 S.Ct. 2250, 101 L.Ed.2d 40 (1988) (quoting Lugar v. Edmondson Oil Co., 457 U.S. 922, 936 n. 18, 102 S.Ct. 2744, 73 L.Ed.2d 482 (1982)). As we spell out in detail in part II, supra, Jennings has proffered evidence (1) that Dorrance was a state actor, functioning in his capacity as a coach, when he engaged in sexual harassment and (2) that the harassment was sufficiently severe or pervasive to interfere with her educational activities. The district court therefore erred in granting summary judgment to Dorrance on the \u00a7 1983 claim for sexual harassment. The district court correctly granted summary judgment on identical \u00a7 1983 claims against three of Dorrance's subordinates, assistant coaches William Palladino and Chris Ducar, and the athletic trainer, Bill Prentice. Jennings has not offered evidence that the three subordinates participated in sexual harassment. Jennings's \u00a7 1983 claim against Ehringhaus is based on the theory of supervisory liability. See Baynard v. Malone, 268 F.3d 228, 235 (4th Cir.2001) (\u201cIt is well settled that \u2018supervisory officials may be held liable in certain circumstances for the constitutional injuries inflicted by their subordinates.\u2019 \u201d) (quoting Shaw v. Stroud, 13 F.3d 791, 798 (4th Cir.1994)). Jennings proffers evidence that Ehringhaus, as an administrative official with authority to take action against Dorrance, failed to act and thereby allowed Dorrance's sexual harassment to continue unchecked. More specifically, Jennings's evidence would allow a jury to find that Ehringhaus had actual knowledge of Dorrance's misconduct; that her response was \u201cso inadequate as to show deliberate indifference to or tacit authorization of the alleged offensive practices\u201d; and that there exists \u201can affirmative causal link\u201d between Ehringhaus's inaction and Jennings's constitutional injury. See Baynard, 268 F.3d at 235 (quoting Shaw, 13 F.3d at 799). Ehringhaus is therefore not entitled to summary judgment on Jennings's \u00a7 1983 claim against her for supervisory liability. Summary judgment on this claim was properly awarded to the estate of Michael Hooker (former Chancellor) and to other current or past officials, Richard Baddour, Beth Miller, and John Swofford. There is no evidence that any of these officials learned of Dorrance's behavior until Jennings was cut from the team. Nor does Jennings suggest that these individuals supported any official policy that enabled the harassment. 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 13/46 Dorrance and Ehringhaus have preserved the issue of qualified immunity. In their summary judgment papers the individual defendants raised qualified immunity as a defense on the \u00a7 1983 claims, but gave the issue secondary attention. The district court did not address the question. On appeal the defendants assert qualified immunity as an alternative argument, again giving the matter limited treatment. These circumstances prompt us to decline to consider the question, and thus allow the district court to address it in the first instance on remand. See Brown v. United States, 851 F.2d 615, 620 (3d Cir.1988) (declining to exercise the power to consider qualified immunity in the first instance on appeal). IV. The remaining issues raised by Jennings may be dealt with in short fashion. She argues that the district court erred in awarding summary judgment to the individual defendants on her constitutional right to privacy claim brought under \u00a7 1983 and to Dorrance on her common law privacy claim. Here, we affirm the district court because none of the defendants either required Jennings to disclose personal information or invaded her records to discover such information. Cf. Thorne v. City of El Segundo, 726 F.2d 459, 468-69 (9th Cir.1983) (finding a constitutional violation where a public job applicant was required to answer questions about her sexual activity as a condition of employment); Toomer v. Garrett, 155 N.C.App. 462, 574 S.E.2d 76, 90 (2002) (stating that the privacy invasion tort includes intrusions such as trespassing, eavesdropping, and peeping into windows). Finally, Jennings argues that the district court erred in denying two of her motions: (1) the motion to strike the defendants' answer on the ground that their denial of one allegation in the complaint was inconsistent with Dorrance's deposition testimony, and (2) the motion to strike, as not properly authenticated, certain exhibits (team records) accompanying Dorrance's affidavit. After considering the arguments and materials relating to these motions, we conclude that the district court did not abuse its discretion in denying them. V. For the reasons stated above, we vacate the district court's grant of summary judgment on Jennings's Title claim against UNC, her \u00a7 1983 claim against Dorrance for sexual harassment, and her \u00a7 1983 claim against Ehringhaus for sexual harassment based on supervisory liability. We affirm the grant of summary judgment on Jennings's remaining claims against the individual defendants, and we affirm the procedural rulings. The case is remanded for further proceedings on the open Title and \u00a7 1983 claims REMANDED. This appeal presents the difficult issue of whether an admittedly inappropriate environment created by a women's collegiate soccer coach was sufficiently hostile to deprive a player of the benefits of or 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 14/46 participation in the team or her education. Because believe that Melissa Jennings has presented enough evidence, when viewed in the light most favorable to her, to create a triable issue of fact on her Title claim vote to reverse the district court's grant of summary judgment write separately from the thoughtful majority opinion to express additional thoughts and to respond to specific arguments raised in the well-written dissent agree with the majority that Anson Dorrance's sexually explicit, inappropriate, and harassing comments directed to other players on the team, but overheard by Jennings, are relevant to determining whether Jennings was subjected to a hostile environment.* See ante at 696. Although the majority of hostile environment cases involve conduct directed at the plaintiff, unlike the dissent do not find evidence that \u201cthe Supreme Court itself has assumed throughout its Title and Title cases that only harassment directed and targeted at the victim was capable of creating a hostile environment.\u201d Post at 720. Meritor Savings Bank v. Vinson held that hostile environment claims were cognizable under Title because the Act \u201caffords employees the right to work in an environment free from discriminatory intimidation, ridicule, and insult.\u201d 477 U.S. 57, 65, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986) (emphasis added). Meritor cited Rogers v. EEOC, 454 F.2d 234 (5th Cir.1971), a case recognizing a hostile environment as potentially violative of Title where the employer provided discriminatory service to its Hispanic clientele rather than any direct action against its Hispanic employees. Further, the Circuit Court opinion in Meritor explicitly recognized that \u201c[e]ven a woman who was never herself the object of harassment might have a Title claim if she were forced to work in an atmosphere in which such harassment was pervasive.\u201d Vinson v. Taylor, 753 F.2d 141, 146 (D.C.Cir.1985), aff'd in relevant part, rev'd in part, Meritor, 477 U.S. 57, 106 S.Ct. 2399, 91 L.Ed.2d 49. This view fully accords with this Circuit's decision in Spriggs v. Diamond Auto Glass, a hostile environment case where we noted that \u201c[w]e are, after all, concerned with the \u2018environment\u2019 of workplace hostility, and whatever the contours of one's environment, they surely may exceed the individual dynamic between the complainant and his supervisor.\u201d 242 F.3d 179, 184 (4th Cir.2001) (citing Monteiro v. Tempe Union High Sch. Dist., 158 F.3d 1022, 1033 (9th Cir.1998) (\u201c[R]acist attacks need not be directed at the complainant in order to create a hostile educational environment.\u201d); Vinson, 753 F.2d at 146; Walker v. Ford Motor Co., 684 F.2d 1355, 1359 n. 2 (11th Cir.1982) (\u201cThe fact that many of the epithets were not directed at [the plaintiff] is not determinative. The offensive language often was used in [his] presence after he had voiced objections to [his employer].\u201d)); accord Jackson v. Quanex Corp., 191 F.3d 647, 660-61 (6th Cir.1999) (noting that the court may consider employer conduct directed towards entire minority group, even in individual Title action, and that such conduct was relevant to question of whether environment was subjectively and objectively hostile); Schwapp, 118 F.3d at 111 (\u201cJust as a racial epithet need not be directed at a plaintiff in order to contribute to a hostile work environment, the fact that a plaintiff learns second-hand of a racially derogatory comment or joke by a fellow employee or 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 15/46 supervisor also can impact the work environment.\u201d (citation omitted)); Edwards v. Wallace Community College, 49 F.3d 1517, 1522 (11th Cir.1995 plaintiff may have a viable hostile environment claim even if the racial remarks were not directed at her.\u201d). As the majority explains, Dorrance's comments may have singled out individual players at any given practice, but his actions created a \u201cgeneral environment of sexual harassment,\u201d ante at 697, where young women under his control were the subject of humiliating and degrading comments, frequently on the basis of their alleged promiscuity, see ante at 696 believe that a rational jury could find that this environment, which included the two specific incidents directed toward Jennings, constituted a pervasive hostile environment. Drawing inferences in Jennings's favor, a rational jury could find that Jennings \u201clive[d] in constant fear\u201d that Dorrance would turn his attention to her. Ante at 698. Indeed, this fear became a reality during the encounter between Jennings and Dorrance in a hotel room at the end of her freshman year agree with the dissent that Dorrance's hotel-room inquiry to Jennings was plainly vulgar. The dissent concludes, however, that the question was \u201cobviously an inquiry about what was occupying Jennings' time.\u201d Post at 721. While agree that a coach would inquire as to whether a player was having personal problems, on this record, taking inferences in Jennings's favor do not think we can conclude as a matter of law that the question was \u201cnot made in an attempt to humiliate, degrade, and demean.\u201d Post at 721. First, as the majority notes, Dorrance's remarks to his players \u201cfrequently carried the strong suggestion of promiscuity,\u201d ante at 696, often employing the same vulgar construction he used with Jennings. He asked players who their \u201cfuck of the week\u201d was, J.A. 1237, if a certain player was \u201cgoing to fuck [her boyfriend] and leave him,\u201d J.A. 1248, and another player, \u201c[h]ow many guys in the [lacrosse] team did [she] fuck,\u201d J.A. 1238. Because Jennings had heard those remarks and practiced her sport in the abusive environment engendered by them, a rational jury could conclude that Dorrance's hotel-room inquiry was an attempt to humiliate, degrade, and demean her on the basis of sex. Furthermore, Dorrance's question assumed that Jennings was engaged in a sexual relationship, unlike a question that would have simply asked whether she was having \u201cboy\u201d or \u201crelationship\u201d problems. To Jennings, the assumption that she was engaged in sexual relations at all offended. See J.A. 1332 (\u201c[Dorrance] asking me if I'm fucking anybody would be the assumption of don't think anybody would ask that question, unless you are assuming they already had sexual relationships.\u201d). In all candor, it is a close issue whether Jennings's subjective view meets the objective standard. In this case, however believe that a rational jury could find the remark objectively offensive because of the age difference between Dorrance and Jennings, Dorrance's position of power and trust, and, most importantly, the link between Dorrance's 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 16/46 knowledge of whether a player engaged in sexual activity and his harassment implying that player's promiscuity. Finally, omitted from both the majority and dissent's version of the hotel-room conversation, is the fact that Dorrance, directly after asking Jennings with whom she was having sex, commented that Jennings should feel comfortable sharing things with him-even things she could not share with her father-because he was like a father figure. J.A. 1325. Given this comment and Jennings's knowledge that Dorrance showed open affection for a fellow team member (Debbie Keller do not believe that as a matter of law Dorrance's question was not \u201cfocus[ed] on sex\u201d and not posed because of Jennings's gender. Post at 721; see Wills v. Brown Univ., 184 F.3d 20, 39 (1st Cir.1999) (Lipez, J., dissenting) (recounting facts of case involving college professor telling student want to be close to you like father-daughter,\u201d during study sessions that included professor fondling student). In sum, while the hotel-room remark can be viewed as a mere poorly phrased inquiry from a coach to a player about whether relationship problems were interfering with her athletic performance, such a conclusion would require us to draw inferences in favor of Dorrance, contrary to our standard of review. Taking into account the factors discussed above, a rational jury could conclude that Dorrance's vulgar inquiry was sexual harassment and \u201cpart of an abusive pattern that instilled fear and dread.\u201d Ante at 698. III. As noted by the majority, a Title plaintiff must proffer evidence that the hostile or abusive nature of the environment \u201cha[d] \u2018a concrete, negative effect on [the victim's] ability\u2019 to participate in an educational program or activity.\u201d Ante at 699 (quoting Davis v. Monroe County Bd. of Educ., 526 U.S. 629, 650-51, 654, 119 S.Ct. 1661, 143 L.Ed.2d 839 (1999)). In this case, the proper inquiry is whether the record contains enough evidence to allow a rational jury to conclude that the hostile environment created by Dorrance effectively denied Jennings the benefits of membership on the women's soccer team and enrollment at the University of North Carolina at Chapel Hill (\u201cUNC\u201d) by making it much more difficult for her to develop and achieve as a student-athlete. See Gabrielle M. v. Park Forest-Chicago Heights, Il. Sch. Dist. 163, 315 F.3d 817, 828 (7th Cir.2003) (Rovner, J., concurring in part and concurring in the judgment); cf. Harris v. Forklift Sys., Inc., 510 U.S. 17, 25, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993) (Ginsburg, J., concurring) (\u201c \u2018[T]he plaintiff need not prove that his or her tangible productivity has declined as a result of the harassment.\u2019 It suffices to prove that a reasonable person subjected to the discriminatory conduct would find, as the plaintiff did, that the harassment so altered working conditions as to \u2018ma[k]e it more difficult to do the job.\u2019 \u201d (alteration in original) (citation omitted) (quoting Davis v. Monsanto Chem. Co., 858 F.2d 345, 349 (6th Cir.1988))). A. 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 17/46 While believe that a plaintiff's grades are relevant to the question of the concrete and negative effect of harassment, an increase or decrease in grades is not dispositive. See, e.g., Gabrielle M., 315 F.3d at 828 (Rovner, J., concurring in part and concurring in the judgment) (noting, in case concerning elementary school student, the fact \u201cthat [the plaintiff's] grades did not suffer is by no means dispositive\u201d); Montgomery v. Ind. Sch. Dist. No. 709, 109 F.Supp.2d 1081, 1094 (D.Minn.2000) (\u201c[G]rades are not the sole benefit to be derived by a student from an educational experience.\u201d). In this case, Jennings's grade point average increased from 1.538 at the end of her first semester in the Fall of 1996 to a cumulative average of 2.022 at the end of her sophomore year, when she was dismissed from the soccer team. J.A. 1449 disagree with the dissent's conclusion that an improvement in grades is evidence of the lack of discriminatory impact. See post at 722-23. Discriminatory impact would be shown if Jennings's grades, though improved, had risen less than they would have had she not been subjected to a hostile environment. In this case believe that Jennings has proffered sufficient evidence to allow a jury to conclude that the hostile environment created by Dorrance affected her academic performance to such an extent that she was deprived of equal access to the benefits of an education at UNC. During her deposition, Jennings testified that her grade point average was low during her time on the team because she was unhappy and uncomfortable due to the hostile environment created by Dorrance. J.A. 1320. Jennings specifically stated that she \u201cfound it hard to focus by just the constant-by the environment that was created-it was very hard to focus.\u201d J.A. 1321. When pressed, Jennings stated that it was the hostile environment created by Dorrance that affected her academic performance, rather than her teammates, her shortcomings as a soccer player, or her coaches' criticism of her soccer ability. See J.A. 1322-23 (\u201cQ. Was the fact that other girls on the team were critical of your performance as a soccer player part of what was affecting your performance at school? A. No. Like said before, it was the drinking comments, the comments made about all the girls, and their sexual stuff that just made me uncomfortable.\u201d). As noted by the majority, this testimony is supported by a psychiatrist's opinion that stress caused by the hostile environment contributed to Jennings's poor academic performance. J.A. 1583. Despite the subsequent increase in Jennings's grade point average, a rational jury could find, on the basis of her testimony and her expert witness, that her poor academic performance was a result of her lack of focus due to the hostile environment created by Dorrance or that her grades would have increased even more but for the hostile environment. See Hayut v. State Univ. of N.Y., 352 F.3d 733, 748 (2d Cir.2003) (noting that despite student's steady academic performance during the period of harassment, her testimony that she was unable to sleep and did not want to attend classes and thus could not concentrate on her studies due to harassment was enough evidence to render the issue one for the jury); Riccio v. New Haven Bd. of Educ., 467 F.Supp.2d 219, 227-28 (D.Conn.2006)(finding daily verbal and some physical harassment undermined educational experience despite plaintiff's ability to maintain her good grades). B. 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 18/46 The dissent implies that Dorrance's harassment could not have interfered with or denied Jennings the full educational opportunity of playing on the women's soccer team because she attempted to improve her play and was dismayed at being cut from the team. See post at 722-23. In essence, the dissent concludes that because Jennings did her best to avoid Dorrance and his abuse, but still made the most of her time on the team and as a student at UNC, she has forfeited her cause of action. This implication turns Title on its head. Cf. Gabrielle M., 315 F.3d at 829 (Rovner, J., concurring in part and concurring in the judgment) (\u201cNeither [the plaintiff] nor future victims of schoolplace harassment should be penalized simply because they seem resilient.\u201d); Hayut, 352 F.3d at 749 (\u201c[W]hat students put up with, without objection or protest, does not mark the bounds of permissible classroom conduct.\u201d); Henson v. Dundee, 682 F.2d 897, 902 (11th Cir.1982) (\u201c[A] requirement that a man or woman run a gauntlet of sexual abuse in return for the privilege of being allowed to work and make a living can be as demeaning and disconcerting as the harshest of racial epithets.\u201d). The evidence reflects that Jennings's attempts to make the most of her team experience did not involve increasing her interaction with Dorrance, but rather with her teammates. For example, in the Spring of 1998, prior to being cut from the team, Jennings hosted a team party at her home and participated in hazing events. J.A. 1365-66. Jennings described her relationship with Dorrance during that time period as not \u201cfriendly\u201d or \u201ccozy\u201d: \u201cIt was just he was a coach and was a player, and did my thing. It wasn't that \u2018Hey, how are you doing would get a nod; that is about it.\u201d J.A. 1374. Indeed, Jennings characterized herself as \u201ccontinuing to pull away from\u201d Dorrance during that time period. J.A. 1374. Thus, while Jennings was attempting to improve her play, her interactions with Dorrance grew more limited and her increased participation in the team took the form of increased socializing with her teammates rational jury could view Jennings as having been denied the full opportunity to achieve her potential as a member of the women's soccer team, despite her \u201cgrowing desire to remain with the team.\u201d Post at 723. For example, a jury could view Dorrance to have, in effect, conditioned the receipt of his coaching and advice on acceptance of his sexual banter, a practice which denied Jennings equal access to the benefits of team membership. Cf. Wills 184 F.3d at 30 (noting that it is an open question whether the denial of informal tutoring from a professor is an educational benefit that could form the basis of a Title suit). The dissent ignores the special context of Title IX. Unlike an employee-plaintiff in a Title action, if Jennings wished to remain a student at and a member of a varsity soccer team, she had to remain a member of Dorrance's soccer team. Jennings was, of course, free to transfer, and had she done so as a result of Dorrance's harassment, she would have been even further deprived of the educational opportunities of UNC. See, e.g., Hayut, 352 F.3d at 750 (viewing student's withdrawal from a university because of sexual harassment as depriving the student of educational opportunities of university). In sum, a rational jury could find that Jennings, who had played competitive soccer since the age of six, 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 19/46 including stints on boys teams, was deprived of the educational advantage of UNC's soccer program, despite her attempts to improve and her disappointment when she was cut from the team, because of Dorrance's harassment. IV. This is a difficult case, but ultimately believe that Jennings has presented enough evidence for her Title claims to move forward. Drawing inferences in Jennings's favor, a jury could conclude that the pervasive, hostile environment, resulting from Dorrance's conduct, amounted to sexual harassment and effectively deprived her of the educational benefits of being a student-athlete at the University. For the reasons stated above, the district court's grant of summary judgment should be reversed. Accordingly concur in the majority's opinion. This case raises the question of whether Melissa Jennings, a member of the University of North Carolina (\u201cUNC\u201d) women's soccer team for the 1996 and 1997 seasons was, by reason of sexual discrimination, \u201cdeprive[d] \u2024 of access to the educational opportunities or benefits provided by the school,\u201d in violation of Title IX, 20 U.S.C. \u00a7 1681(a). Davis v. Monroe Co. Bd. of Educ., 526 U.S. 629, 650, 119 S.Ct. 1661, 143 L.Ed.2d 839 (1999). After being warned repeatedly about both her academic and athletic performance, Jennings was cut from the soccer team in May 1998, before the beginning of the 1998 season. By her own account, Jennings did not want to leave the team, and she was not expecting to get cut but rather expected to hear that she had improved. At the time, Jennings' cumulative grade point average was 1.964 on a 4.0 scale, up from the previous year's 1.538. But she was still at or near the bottom of the team's training performance levels and was a third-or fourth-string goalkeeper. She had played in only one regular season game during her first year and in one or two during her second year. Only after Jennings was cut did her father write a letter to the general counsel of UNC, complaining about sexual harassment of his daughter during the previous two years few months later, Jennings commenced this action. The district court granted UNC's motion for summary judgment, and would affirm. During the two-year period of which Jennings complains, she alleged no deprivation of an educational opportunity by reason of sexual discrimination. She does allege (1) much sexual talk during practices by teammates and her coach, Anson Dorrance; (2) two innocuous comments directed at her by teammates and Coach Dorrance; and (3) a conversation during her annual evaluation meeting during which Coach Dorrance was trying to understand the reasons for Jennings' poor academic performance. He asked, \u201cWhat is going on in [your] social life? Is that affecting [your] grades? Is that affecting [you] as a player? Who are you f**king? Is that affecting your grades?\u201d 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 20/46 Jennings does not allege that she was cut from the soccer team because of sexual discrimination or that she played any less because of sexual discrimination. She also does not allege any touching, advances, or offers of sex. Her claim amounts to a complaint about the vulgarity of the pervasive locker room-style talk by teammates and her coach that attended team practices. In these circumstances, the district court was correct in concluding that the facts do not create a triable issue as to a violation of Title IX, and therefore respectfully dissent To give Jennings the full benefit of the facts in the summary judgment record, it is necessary to set them forth carefully and in some detail. This is especially important because Jennings (as well as the majority) has tended to rely on completely irrelevant incidents that occurred even before she entered as a freshman; that she never knew about; and that she learned only from the testimony given in this case.1 Melissa Jennings began playing goalkeeper on soccer teams when she was 12 years old. She performed so well that within a few years she was the first-string goalie on an elite youth soccer club. (J.A. 1199, 1200.) After graduating from high school, Jennings went on a recruiting trip to the University of Kansas and verbally committed to play for its women's soccer team. (J.A. 1217.) Despite her verbal commitment to Kansas, Jennings wished to play soccer at at Chapel Hill because she \u201cknew it was the number one school. It ha[d] all the national titles.\u201d (J.A. 1216.) The women's soccer team, which Anson Dorrance has coached since its inception in 1979, has long been the dominant program in the sport, winning 19 of 26 national titles, including the national title in 2006. Because of the program's dominance, Jennings called Dorrance and expressed her interest. (J.A. 1216.) Dorrance was familiar with Jennings because of a soccer camp that she had attended, and he asked her if she had already committed elsewhere. After finding out about her Kansas commitment, he told her to speak with Kansas' head coach to see if Jennings could visit Chapel Hill. (J.A. 1217-18, 1221.) Jennings did visit and ultimately joined its soccer team as a walk-on recruit. Dorrance did not recommend her for a scholarship. (J.A. 181.) During Jennings' freshman season, in the fall of 1996, she was the third- or fourth-string goalkeeper and played in one preseason game and one regular season game. (J.A. 1334.) The team held practice every weekday afternoon during the fall and on Saturday mornings, except on game days. (J.A. 1042- 43.) During the first 10-15 minutes of practice, before the formal drills began, the players had what they called \u201cteam time,\u201d during which they would warm up, run a lap, and stretch as a group. (J.A. 1046-47.) 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 21/46 Debbie Keller, the team captain in 1996, described these warm-ups as a time \u201cat the beginning of practice to talk about our day and then get serious for practice,\u201d to \u201ctalk about \u2024 anything that would interfere with your concentrating on practice.\u201d (J.A. 1044-45.) The environment during team time was casual and informal, and the women joked and conversed about a range of topics, invariably talking about their social activities and their personal lives, including their sex lives. They talked about the \u201cparties they had been to,\u201d whom they were dating, and \u201cwho they hooked up with.\u201d (J.A. 1047-51.) Some girls discussed \u201cintimate sexual details,\u201d (J.A. 1052), giving \u201cin full detail, start to finish,\u201d an account of \u201cthe night they spent with some guy,\u201d including the \u201cdifferent sexual acts they performed.\u201d (J.A. 1054.) According to Keller, these players openly shared \u201ctoo much info.\u201d (J.A. 1055.) Others discussed the numerous sexual exploits they had undertaken within a short period of time. (J.A. 1055, 1058.) While most of the sex talk among the women during team time was more general than descriptive, like whether they \u201chad sex\u201d or whom they had \u201chooked up with,\u201d (J.A. 1041, 1056), Keller testified that \u201canywhere between five to ten times\u201d per season, the women gave \u201cgraphic,\u201d \u201cfull detail,\u201d \u201cstart to finish\u201d descriptions of their sexual experiences. (J.A. 1054-55.) Not all of the women discussed their sex lives so openly and in such detail during team time. Keller described degrees of openness among the players, with some women being \u201cvery wide open about\u201d their personal and sex lives, others being intermediately so, and still others keeping their personal lives completely private. (J.A. 1053-56.) Jennings fell into the last group, testifying in deposition that she did not participate in her teammates' sex-themed conversations. (J.A. 1242, 1244.) Once or twice a week, Coach Dorrance mingled with his players during team time, walking among them as they stretched and warmed up. (J.A. 1061.) The players' team-time conversations were free-flowing, and Dorrance did not regulate their content. To the contrary, Dorrance regularly stopped and participated in these informal conversations, \u201cjoking around with different girls about their evenings before or just who they're dating.\u201d (J.A. 1057.) At times, Dorrance asked whether the players had been out drinking, and if so, how much. (J.A. 1067.) He also asked about team members' families. (J.A. 1067.) Because some of the women openly discussed their sex lives, Dorrance overheard some of their more frank discussions as he walked among them. According to Keller, \u201coccasionally\u201d and certainly not \u201cevery time that he walked through,\u201d Dorrance would pause and engage in these discussions, commenting on his players' \u201cpersonal dating [and] sex lives.\u201d (J.A. 1066.) Keller testified that Dorrance did not confine his comments and inquiries to team time, but talked to his players at other times when \u201cthe team was together,\u201d whether \u201cafter a game\u201d or when waiting \u201cfor rides.\u201d (J.A. 1128.) Amy Steelman, who played with Jennings during the 1996 season, remembers the frequency of Dorrance's interventions differently, averring that \u201c[w]hen Anson Dorrance was around, he would encourage and participate in sexual discussions, sexual jokes, sexual talk, sexual banter, and sexual innuendos 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 22/46 typical Monday afternoon included queries and discussions with Dorrance into the team members' sexual and social exploits, particularly prying into our sex lives.\u201d (J.A. 1452.) Jennings commented that \u201cDorrance's sexual comments and inquiries took place on a regular basis.\u201d 2 (J.A. 1585.) Jennings testified that she never participated in any of the sexual banter engaged in mutually by her teammates and Dorrance. (J.A. 1242-43.) Jennings also testified that Dorrance never directed any of his \u201cteam-time\u201d comments at her. (J.A. 1242-43.) Although she did not participate and although she was not targeted, Jennings paid attention to the banter, and she labeled much of what she overheard as inappropriate and humiliating. She testified to only two specific incidents about which she heard, however, to provide content to her general descriptions. First, one player informed the team, in Dorrance's presence, that over the course of an evening, she had sex with a man, crawled out of his window, crawled into another man's window, and had sex with him too. (J.A. 1055, 1058.) Dorrance asked the player whether she knew the names of these men, and whether \u201cshe took tickets.\u201d (J.A. 1236.) Dorrance also asked this player, who was very open about her promiscuity, who her \u201cf**k of the minute,\u201d \u201cf**k of the hour,\u201d and \u201cf**k of the week\u201d was, and how \u201cmany guys on the [lacrosse] team did she f**k?\u201d 3 (J.A. 1237-38.) Second, another player spoke of a previous weekend with her boyfriend, and Dorrance asked her if she was \u201cgoing to have a shag fest \u2024 when he comes to town,\u201d and whether she was \u201cgoing to f**k him and leave him?\u201d (J.A. 1284.) Beyond these two incidents, Jennings testified about one other particular comment that Dorrance made at practice, although it was neither directed at her nor made in the presence of any player. During a water break, Dorrance was talking to a male athletic trainer, and Jennings overheard them both use the phrase, \u201cAsian threesome.\u201d (J.A. 1285.) Jennings heard Dorrance \u201ckind of chuckle\u201d and say, \u201cOh, yeah,\u201d after hearing the phrase. (J.A. 1285.) Jennings interpreted the phrase to be a description of a fantasy involving two of her Asian teammates and one of the men. (J.A. 1284-86.) Jennings also complained of Dorrance's use of profanity, including the words and phrases \u201cf** k,\u201d \u201cunf**kingbelievable,\u201d \u201cwhat the f**k,\u201d \u201cf**king brilliant,\u201d and \u201cf**king stupid.\u201d (J.A. 1231-33, 1264-65.) Jennings testified that Dorrance would use such phrases when his players made mistakes, such as when he believed a player made a poor pass. (J.A. 1231.) Jennings testified that Dorrance would occasionally comment on players' physical attributes, complimenting one player for having \u201cnice legs,\u201d (J.A. 1233), and another for having \u201ccute dimples,\u201d (J.A. 1229), commenting on \u201casses in spandex,\u201d (J.A. 1229), scorning one as a \u201cfat ass,\u201d (J.A. 1228), and referring to one woman's chest as her \u201crack.\u201d (J.A. 1236.) Jennings testified, however, that Dorrance never commented on any of her physical attributes, respectfully or disrespectfully. (J.A. 1243.) Jennings also admitted that Dorrance never threatened her, never touched her, never ogled her, never propositioned her, and never made any form of sexual advance. 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 23/46 In fact, from her two years on the team, Jennings could testify of only two instances when her personal life was mentioned at all during soccer practice while Dorrance was present. The first occurred before practice when Jennings and some teammates were sitting on bleachers lining the soccer practice field with Dorrance nearby. (J.A. 1252-54.) One of the players spoke about her weekend with her boyfriend, and Dorrance asked if it had been a \u201cshag fest.\u201d (J.A. 1249.) The teammate, seeking to involve Jennings in the conversation and knowing that Jennings, whose nickname was \u201cTrim'n\u201d (which, Jennings stated, had no sexual connotation), had visited her boyfriend at a different school the previous weekend, asked, \u201cWhat about Trim'n?\u201d (J.A. 1246-48, 1252.) Dorrance \u201cchimed in,\u201d saying, \u201cyes, what about Trim'n?\u201d (J.A. 1246, 1252.) Jennings ignored the questions asked by her teammate and Dorrance, and left for the practice field to do \u201cgoal-keeper stuff.\u201d (J.A. 1255.) The second instance occurred during team time when a teammate asked Jennings whether a boy she had seen Jennings hug after the previous day's game was a boyfriend or just a friend. (J.A. 1257-59.) Jennings responded that the boy was just a friend. (J.A. 1258.) As for Dorrance's involvement in the exchange, he was present, but Jennings could not remember whether he said anything. (J.A. 1258.) As the season progressed, Jennings became concerned about the sexual banter and other issues, and she approached Susan Ehringhaus, then Assistant to the Chancellor and Senior University Counsel, sometime between September and November 1996 to express her concerns. (J.A. 1337-39, 1341.) Jennings trusted Ehringhaus because she was a woman; she was UNC's top legal officer; and Jennings generally felt comfortable with her. (J.A. 1338.) Jennings told Ehringhaus (1) that Dorrance contributed to a \u201chumiliating\u201d and \u201cuncomfortable\u201d environment, giving Ehringhaus \u201ca rundown of what thought would encompass everything\u201d regarding Dorrance's inappropriate comments, including the specifics of Dorrance asking a team member \u201cwho the f**k of the week is.\u201d (J.A. 1342-43); (2) that Dorrance failed to visit her in the hospital when she had become sick earlier that semester (J.A. 1335) and failed to mention to the team that her hospital stay was the reason she had missed a game (J.A. 1340); (3) that Dorrance requested that Jennings buy $400 worth of Gatorade for the team and the team's opponent during the water supply disruptions caused by Hurricane Fran and subsequently failed to reimburse her (J.A. 197, 1344-45); and (4) that Dorrance encouraged Jennings to attend parties with her teammates, even though Jennings had told Dorrance that she was underage and alcohol was present at the parties (J.A. 198, 1338-40, 1347-48). Jennings did not relate that any of Dorrance's sexual comments had been directed at her. (J.A. 1346-47.) Ehringhaus stated that Jennings made no complaints about the sexual banter at this meeting or any other meeting until after Jennings had been cut from the team. (J.A. 198.) But according to Jennings, Ehringhaus responded to Jennings' complaints by encouraging her to \u201cwork it out with\u201d Dorrance and asking whether she was \u201ctaking those comments into context.\u201d (J.A. 1342.) Ehringhaus characterized Dorrance as \u201ca great guy\u201d and related that she had \u201cknown him for a long time.\u201d (J.A. 1342.) To Jennings, Ehringhaus \u201cdidn't seem that concerned.\u201d (J.A. 1342.) 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 24/46 short time later, again during the fall of 1996, Jennings approached Ehringhaus for a second time. At this meeting, Jennings focused solely on Dorrance's failure to reimburse her $400 for buying the Gatorade. (J.A. 1346.) Jennings did not mention anything about the sexual banter at practice. (J.A. 1345-46.) Following this meeting, Jennings' father, Craig Jennings, also wrote a letter to the University, complaining of Dorrance's failure to reimburse his daughter the $400. (J.A. 1352-53, 1411, 1543.) His letter did not mention any sexual comments at practice. (J.A. 1543, 1551.) The reimbursement issue was thereafter resolved, and Jennings had no further meetings with Ehringhaus until after she had been cut from the team. (J.A. 1350-51.) Dorrance had a custom of meeting with each of his players individually at the end of the soccer season for a personal assessment of their performance during the season in the areas of conditioning, skills, and on-field performance; contributions to team chemistry; and academic status. (J.A. 182-83.) For the 1996 season, Dorrance held these end-of-year meetings in his hotel room while the team was in California during December to play in the national championship tournament. (J.A. 1305.) After the player before Jennings had finished her personal progress meeting with Dorrance, Jennings went in, and both she and Dorrance sat down at a table located by the window in his hotel room. (J.A. 1308.) Dorrance began the conversation with \u201csmall talk,\u201d asking Jennings such questions as \u201c[H]ow are you doing?\u201d and \u201c[W]hat is going on?\u201d (J.A. 1309.) Dorrance began the substantive portion of the meeting by addressing Jennings' grade point average, which was a 1.538 on a 4.0 scale. (J.A. 1449.) Jennings knew that she was in danger of losing her athletic eligibility due to her poor grades. Dorrance told her that her grades \u201cneeded to improve\u201d and that they were \u201cnot acceptable.\u201d (J.A. 1315, 1316.) He explained how important her grades were, telling her she \u201cha[d] to study\u201d and \u201cdo better in school.\u201d (J.A. 1316.) Seeking to find the reasons for Jennings' poor academic performance, Dorrance asked Jennings if she needed help, inquiring whether she had been visiting the team's academic tutor (which she had been). (J.A. 1318.) According to Jennings, Dorrance then inquired whether Jennings' social life was affecting her grades, asking, \u201cWhat is going on in [your] social life? Is that affecting [your] grades, is that affecting [you] as a player?\u201d (J.A. 1329-30.) \u201cWho are you f**king?\u201d \u201cIs that affecting your grades?\u201d \u201c[Is that] causing a problem with your grades, with your performance?\u201d (J.A. 1326, 1330.) Jennings was taken aback by the question, and immediately replied that her personal social life was \u201c[n]one of his god damn business.\u201d (J.A. 1325, 1331.) Dorrance ceased his inquiry into the possible causes of Jennings' poor academic performance and \u201cstarted talking about [Jennings'] performance as a player.\u201d (J.A. 1327.) Because Jennings had played in only one game during the year, as well as one preseason game, (J.A. 1334), Dorrance focused his comments on Jennings' conditioning, telling her that her statistics for weightlifting, sprinting, and the like were below team standards and therefore needed to improve. (J.A. 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 25/46 1327.) Dorrance ended the meeting by telling Jennings to \u201c[i]mprove [her] grades, first and foremost, and then \u2024 improve [her] performance, \u2024 [and to] fight for that first string, second string position.\u201d (J.A. 1333.) Jennings returned to the soccer team as a sophomore for the fall 1997 season, during which she again had minimal playing time, appearing in one or two games. (J.A. 1356.) Again at the end of the 1997 season in December, Dorrance met individually with each player for a personal progress assessment. At Jennings' meeting, Dorrance discussed her academics, fitness, and contributions to team chemistry. (J.A. 1361.) He commented that Jennings' cumulative had improved to a 1.964 from the previous year's 1.538. (J.A. 1449.) In Jennings' words, Dorrance tried \u201cto push me to continue in a positive manner with my grades. He was acknowledging the fact that had made the effort.\u201d (J.A. 1362.) But he told Jennings that she was still falling short of the team's academic standards. (J.A. 1361.) He also told Jennings that she needed to focus on her fitness and training, commenting that she was not meeting the team's standards in those areas either. (J.A. 1362.) Finally, he encouraged Jennings \u201cto be a positive life source\u201d for the team by cheering for the players from the sidelines, being \u201ca comforting figure, and [a] positive person, being supportive of teammates, and everything else.\u201d (J.A. 1362, 1363.) Dorrance told Jennings that he would have to remove her from the team if she did not improve in each area. (J.A. 1363.) Nothing else was discussed. (J.A. 1365.) During spring 1998 (the off-season), Jennings made efforts to be more involved in the team's social activities, including hosting recruits, working at the team's concession stand, and even hazing the team's new members. (J.A. 1365-1372.) On May 5, 1998, after Dorrance had asked each player to complete a self-evaluation and an evaluation of her teammates (J.A. 1391), Dorrance again conducted one-on-one meetings with his players. At Jennings' meeting, Dorrance told her that her training and fitness levels were still below the team's minimum standards (J.A. 1387), that her performance was subpar (J.A. 1395), and that she therefore \u201cwas no longer to be a part of the team.\u201d (J.A. 1387.) Jennings was shocked and became \u201chysterically upset.\u201d (J.A. 1392.) Jennings \u201cwas not expecting to get cut was expecting him to say, \u2018You know, you've improved thought had done well even did my [skills] testing injured. [I] was, you know, making every possible attempt to do what he had asked.\u201d (J.A. 1388.) Dorrance described Jennings' efforts differently, observing that she \u201chas no discipline to improve herself as a player, is a poor student and is bad for chemistry.\u201d (J.A. 279.) \u201cJennings was clearly the worst goalkeeper on the team during the years she played.\u201d (J.A. 182 week after Jennings had been cut from the team, her father, Craig Jennings, wrote a letter to Ehringhaus, dated May 12, 1998. (J.A. 1551.) Although Craig Jennings had once before-in the fall of 1996-written to Ehringhaus to complain about the delayed reimbursement for Jennings' purchase of Gatorade and the presence of alcohol at parties attended by team players, he now complained for the 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 26/46 first time about the personal and sexual nature of Dorrance's comments and questions during practice and during the player interviews. Craig Jennings specifically complained: Coach Dorrance has in every player/coach review (except the one last week) and at the practice field asked the following questions: 1. Who is your boy friend? Are you seeing anyone? What does he do? Are you enjoying the campus? We personally do not find these questions totally offensive, but the answers are Melissa's to give, if she chooses without retribution. 2. When answering yes to a boy friend or after bringing friends to team activities he then has asked the following: Are you sleeping with him? Are you shacking up with him? We find both of these questions totally inappropriate and harassing! 3. The Monday practice session team question has been on numerous occasions: Who is shacking up with whom? He will even question roommates on the field about the exploits of their teammates? 4. To one team member (not Melissa), he asks the team who her S_ for the week is/was? Like most of the team members she can not respond because he totally owns her way through your fine institution and controls her ability to go to your school. This is the sickest form of harassment. (J.A. 1551.) Ehringhaus forwarded Craig Jennings' May 12 letter to Athletic Director Richard Baddour, who then ordered Beth Miller, the Senior Associate Athletic Director, to begin an investigation pursuant to UNC's sexual harassment policy. (J.A. 200, 264.) Miller arranged a meeting on May 26, 1998, at which Jennings, Craig Jennings, Ehringhaus, Baddour, Dorrance, and Miller herself attended. (J.A. 1529.) At the meeting, Jennings discussed the manner in which Dorrance had dismissed her from the team (J.A. 1401), recounted when Dorrance asked her about her sex life in their one-on-one evaluation meeting in December 1996 (J.A. 1404), and described the content of the sexual banter between Dorrance and his players. (J.A. 1406.) Dorrance responded with a firm denial of ever discussing sexual activity in a one- on-one meeting with any player, but he acknowledged that he participated in group discussions during practice that touched on his players' sex lives. He maintained that his comments were only \u201cof a jesting or teasing nature.\u201d (J.A. 1531.) Following the meeting, Athletic Director Baddour wrote Craig Jennings a letter dated June 9, 1998, in which he stated: Any unwelcome discussions, including jesting, regarding sexual activity and team members' relationships with men are inappropriate in the context you described. While Coach Dorrance strongly denies that he has ever discussed an individual team member's sexual activity in a one-on-one 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 27/46 discussion, Coach Dorrance has acknowledged that he participated in group discussions of a jesting or teasing nature with soccer team members. This is altogether inappropriate. While his actions were not intended to be offensive, he now realizes that his involvement in such discussions is inappropriate, and he will immediately discontinue that activity. Appropriate interventions have also occurred with Coach Dorrance to address these unacceptable conversations. The University and Coach Dorrance apologize for the \u201cmoney issue.\u201d He has maintained that he did not intend to embarrass Melissa in any way. He recognizes that he offended her and used poor judgment and for that he apologizes. Coach Dorrance also realizes that his dismissal of Melissa was ill-timed, and he apologizes for the untimely discussion during the exam period. (J.A. 1531.) Dorrance also signed the letter. (J.A. 1531.) Athletic Director Baddour completed his investigation of Jennings' complaints by reprimanding Dorrance in a letter dated June 10, 1998, which stated: As indicated to you in our last meeting am writing to officially notify you that it is inappropriate for you to have conversations with members of your team (individually or in any size group) regarding their sexual activity. Please refer to my letter of June 9, 1998 to Craig Jennings. (J.A. 1533 On August 25, 1998, at the beginning of Jennings' third year at and a few months after she was cut from the team, Jennings sued and several individual defendants, including Dorrance, alleging (1) a Title claim against UNC, (2) claims under 42 U.S.C. \u00a7 1983 against Dorrance for sexual harassment and invasion of privacy and against various officials for failure to supervise Dorrance, and (3) a common law claim against Dorrance for invasion of privacy. The district court granted the defendants' motions for summary judgment, and a divided panel of this court affirmed. Jennings v. Univ. of N.C., 444 F.3d 255 (4th Cir.2006 majority of this court's active members voted to grant Jennings' motion to rehear this case en banc Relying indiscriminately on the catalogue of statements made by Coach Dorrance and various members of UNC's soccer team, made both before and after Jennings attended UNC, the majority concludes that they created a severe and pervasive sexually hostile environment that denied Jennings access to the opportunities and benefits of the soccer program. The majority's approach lacks any precision about the meaning of comments, their connection with Jennings, their timing (some occurred before Jennings 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 28/46 came to UNC), and their effect on Jennings and the soccer program disciplined analysis of the facts and their effect on Jennings can lead only to the conclusion that the sexual banter, while extensive and inappropriate, did not deny Jennings any educational opportunity. Indeed, she has never claimed that it did. The majority's analysis amounts in essence to an evaluation of the vulgar language by Coach Dorrance and teammates rather than an analysis of whether such violations of civility amount to a cause of action under Title IX. While agree that the sexual banter during soccer practices was vulgar and inappropriate, both as to Coach Dorrance and the soccer team members, the banter had no effect on whether Jennings played soccer, or indeed whether she wanted to play soccer, at UNC. To the contrary, despite the banter, Jennings deeply desired to be a member of the team. When she was cut for reasons unrelated to sexual banter, she was shocked and profoundly disappointed. At bottom, Jennings made genuine complaints about vulgar sexual banter, but there were no complaints that the sexual banter denied her educational benefits. Therefore Jennings did not make out a Title claim. Before conducting the analysis demanded by Title IX, a review of the statute's requirements is necessary. This is particularly so because the majority has misdescribed the requirements of a Title claim, omitting the core requirement that the plaintiff demonstrate that she was denied the benefits of an educational program or activity on the basis of sex. See ante at 695. Title prohibits an educational institution that receives federal funds from engaging in sex-based discrimination. The statute provides, with certain exceptions not at issue here, that \u201c[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.\u201d 20 U.S.C. \u00a7 1681(a). While Title does not, by its terms, create a private cause of action against the funding recipient, the Supreme Court has implied one, see Cannon v. Univ. of Chicago, 441 U.S. 677, 717, 99 S.Ct. 1946, 60 L.Ed.2d 560 (1979), and it has held that money damages are available in such suits, Franklin v. Gwinnett County Pub. Schools, 503 U.S. 60, 76, 112 S.Ct. 1028, 117 L.Ed.2d 208 (1992). The damages remedy will lie against the funding recipient, however, only when \u201can official who at a minimum has authority to address the alleged discrimination and to institute corrective measures on the [funding] recipient's behalf has actual knowledge of discrimination in the recipient's programs\u201d and responds with \u201cdeliberate indifference to the discrimination.\u201d Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274, 290, 118 S.Ct. 1989, 141 L.Ed.2d 277 (1998). As with Title VII, \u201csexual harassment\u201d under Title is a form of \u201cdiscrimination.\u201d See Franklin, 503 U.S. at 74-75, 112 S.Ct. 1028. In the context of student-on-student harassment, the Court has held that the harassment must be \u201cso severe, pervasive, and objectively offensive that it can be said to deprive the victims of access to the educational opportunities or benefits provided by the school.\u201d Davis v. Monroe 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 29/46 County Bd. of Educ., 526 U.S. 629, 650, 119 S.Ct. 1661, 143 L.Ed.2d 839 (1999). But other than for student-on-student harassment, the Court has not defined the substantive contours of the harassment forbidden by Title IX. Nonetheless, courts of appeals have looked to the Supreme Court's Title jurisprudence when interpreting Title IX. See, e.g., Frazier v. Fairhaven Sch. Comm., 276 F.3d 52, 65-66 (1st Cir.2002); Lam v. Curators of the Univ. of Mo., 122 F.3d 654, 656-57 (8th Cir.1997). Because the Supreme Court implied in Davis that the \u201csevere, pervasive, and objectively offensive\u201d standard for student-on-student harassment was more demanding than Title VII's \u201csevere or pervasive\u201d standard for harassment generally agree with the majority that the level of harassment required for actionable claims under Title in the case of teacher-on-student harassment is Title VII's \u201csevere or pervasive\u201d standard. See Harris v. Forklift Sys. Inc., 510 U.S. 17, 21, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993); Meritor Sav. Bank v. Vinson, 477 U.S. 57, 67, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986). This standard, of course, must be applied with sufficient discipline that the standard does not become a \u201cgeneral civility code.\u201d Faragher v. City of Boca Raton, 524 U.S. 775, 788, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998). Much more significant to Title liability, however, is the analysis required for determining when a given level of harassment brings about consequences with which Title is concerned. To succeed in a Title harassment claim, the plaintiff must prove that the harassment was so severe or pervasive \u201cthat it can be said to deprive the [plaintiff] of access to the educational opportunities or benefits provided by the school.\u201d Davis, 526 U.S. at 650, 119 S.Ct. 1661. This requirement of specified consequences derives from the text of Title itself, which shields students from \u201cdiscrimination,\u201d such as being \u201cexcluded from participation in\u201d or \u201cdenied the benefits of\u201d any \u201ceducation program or activity receiving Federal financial assistance\u201d on the basis of sex. 20 U.S.C. \u00a7 1681(a). Therefore, harassment standing alone, no matter how severe or pervasive, is not actionable; it must have the effect of discriminating so that it effectively denies students of \u201cequal access to an institution's resources and opportunities.\u201d Davis, 526 U.S. at 651, 119 S.Ct. 1661; see also 20 U.S.C. \u00a7 1681(a). Title IX's purpose is not to eradicate harassment from the educational environment; it is \u201ca specific federal statute designed primarily to prevent recipients of federal financial assistance from using the funds in a discriminatory manner.\u201d Gebser, 524 U.S. at 292, 118 S.Ct. 1989. Thus, Jennings must show that she was subjected to harassment-because of her sex-so objectively severe or pervasive that she was effectively denied equal access to UNC's resources and opportunities In this case, Jennings' evidence, while amply describing instances of sexual banter among teammates and Coach Dorrance, falls far short of demonstrating that Jennings was denied the benefits of soccer team membership. She has never alleged that she did not want to be a member of the team or that the banter denied her the benefits of membership. Indeed, she wanted to remain on the team and believed 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 30/46 that her improvements in performance justified remaining on the team. She was shocked and angered when she was cut. Moreover, Jennings complained only once to officials during her two years on the team about the banter and then at such a low level that the person to whom she complained did not recall it. In addition, when Jennings' father wrote on Jennings' behalf about problems that Jennings had encountered with the soccer program-a lack of reimbursement and invitations to parties at which alcohol was served-he did not mention any sexual banter or harassment. Only after Jennings was cut from the team were accusations of sexual harassment made. Jennings has tried to argue that she was denied an educational benefit by asserting conclusorily and without factual support that Dorrance's conduct \u201cnegatively impacted [her] academic performance and performance on the soccer field.\u201d (J.A. 1585.) Yet, the record shows that when, over the course of two years, she was confronted with her poor academic and field performance, her response never suggested a problem with Dorrance's conduct. Rather, the discussions focused on more disciplined training and more time for academics. Moreover, the record shows that Jennings did improve academically each semester. (J.A. 1449.) More revealing is Jennings' own evaluation of herself that she was doing better. As she testified, when she was cut, she was expecting Dorrance to say to her, \u201cYou know, you've improved.\u201d (J.A. 1388.) It is not surprising therefore that Jennings' argument on appeal focuses entirely on whether Dorrance's conduct was severe or pervasive, rather than on whether she was denied an educational benefit. The majority simply continues this emphasis by ignoring or misstating the core requirement of Title liability that conduct deprive a plaintiff of \u201cequal access to an institution's resources and opportunities.\u201d Davis, 526 U.S. at 651, 119 S.Ct. 1661; see also 20 U.S.C. \u00a7 1681(a). The majority completely and inexplicably omits this core requirement from its boilerplate recitation of the necessary elements for \u201cestablish[ing] a Title claim on the basis of sexual harassment.\u201d See ante at 695. When the majority does purport to address the omitted requirement, it holds that Jennings may satisfy the requirement by merely alleging that Dorrance's comments had a \u201cnegative impact\u201d on her \u201cperformance on the soccer field.\u201d See ante at 700. This holding stands on a complete misreading of Davis. If the majority sincerely believes that the Supreme Court \u201cpoint[ed] out that sexual harassment reaches the level of actionable discrimination when it has \u2018a concrete, negative effect on [the victim's] ability\u2019 to participate in a program or activity,\u201d see ante at 699 (quoting Davis, 526 U.S. at 654, 119 S.Ct. 1661), it has blatantly ignored the entire portions of the opinion that actually define the cause of action. Contrary to the majority's representation of Davis, the Supreme Court reiterated five separate times that Title IX's discrimination requirement is satisfied \u201conly where [the harassment is so severe or pervasive] that it can be said to deprive the victims of access to the educational opportunities or benefits provided by the school.\u201d See Davis, 526 U.S. at 654, 119 S.Ct. 1661 (emphasis added); id. at 633, 119 S.Ct. 1661 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 31/46 (same); id. at 651, 119 S.Ct. 1661 (same); id. at 652, 119 S.Ct. 1661 (same); id. at 653, 119 S.Ct. 1661 (same). It was only when the Court applied \u201cthis standard to the facts at issue\u201d that it stated the following: \u201cThe harassment was not only verbal; it included numerous acts of objectively offensive touching, [including] criminal sexual misconduct\u2024 Further, petitioner contends that the harassment had a concrete, negative effect on her daughter's ability to receive an education.\u201d Id. at 653-54, 119 S.Ct. 1661. It is almost too obvious to state, but the petitioner's isolated contention in Davis did not define what it means to \u201cdiscriminate\u201d under Title IX, as the majority apparently believes.4 The Court accepted that allegation as part of a complaint that included allegations of \u201cobjectively offensive touching\u201d of the plaintiff amounting to \u201ccriminal sexual misconduct.\u201d The majority's importation of and heavy reliance upon a watered-down \u201cnegative impact\u201d test, derived from a single allegation in the Davis petitioner's complaint, is obviously wrong, particularly when the Court specifically and repeatedly articulated the Title cause of action. The majority's gutting of the \u201cdenial of benefit\u201d requirement is not only contrary to the Supreme Court's pronouncements in Davis, but more importantly, it contravenes the actual text of the statute, which only shields students from \u201cdiscrimination,\u201d such as being \u201cexcluded from participation in\u201d or \u201cdenied the benefits of\u201d any \u201ceducation program or activity.\u201d See 20 U.S.C. \u00a7 1681(a) (emphasis added). The acts of sexual harassment alleged by Jennings can be divided, for discussion purposes, into three categories: (1) \u201csexual\u201d banter at practice directed at or involving Jennings; (2) other sexual banter at practice among teammates and Coach Dorrance; and (3) the December 1996 evaluation meeting between Jennings and Dorrance at which Dorrance inquired, as part of his effort to discover the cause of Jennings' poor grades, who Jennings was \u201cf**king address these in turn Jennings identified two incidents during her two years on the team when the banter at practices involved or implicated her. The first incident arose prior to a practice when one of Jennings' teammates recounted her weekend's activities with her boyfriend, and Dorrance asked if it had been a \u201cshag fest.\u201d (J.A. 1249.) The teammate, seeking to involve Jennings in the conversation and knowing that Jennings had visited her boyfriend at a different university the previous weekend, asked, \u201cWhat about Trim'n?\u201d (J.A. 1246-48, 1252.) Dorrance \u201cchimed in,\u201d saying, \u201cyes, what about Trim'n?\u201d (J.A. 1246, 1252.) Jennings ignored these questions from her teammate and Dorrance and left for the practice field. (J.A. 1255.) Dorrance's question was an offhand comment amounting to \u201csimple teasing.\u201d It was Jennings' teammate who instigated the efforts to involve Jennings in the conversation, and Dorrance's question was merely a follow-up to hers. The only reason the question even achieves the status of \u201csimple teasing,\u201d instead of being utterly innocuous, is because of Dorrance's earlier \u201cshag fest\u201d comment to 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 32/46 Jennings' teammate \u201crecurring point\u201d in the Supreme Court's Title opinions, however, is that \u201c \u2018simple teasing,\u2019 offhand comments, and isolated incidents (unless extremely serious) will not amount to discriminatory changes in the \u2018terms and conditions of employment.\u2019 \u201d Faragher, 524 U.S. at 788, 118 S.Ct. 2275 (citation omitted). The Court's \u201cstandards for judging hostility are sufficiently demanding\u201d to \u201cfilter out complaints attacking the ordinary tribulations\u201d of collegiate athletics, \u201csuch as the sporadic use of abusive language, gender-related jokes, and occasional teasing.\u201d Id. (citation and quotation marks omitted). This incident certainly falls within the \u201csimple-teasing\u201d category. The second incident involved a teammate asking Jennings whether a boy she had seen Jennings hug was a boyfriend or just a friend. (J.A. 1257-59.) Jennings responded that the boy was just a friend. (J.A. 1258.) As for Dorrance's involvement, Jennings remembers him being present but saying nothing. (J.A. 1258.) Not even the majority relies on this incident, for reasons that are obvious-it could neither stand alone as an incident of sexual harassment nor add to a collection of incidents constituting sexual harassment The sexual banter at practices among teammates and Coach Dorrance also does not rise to sexual harassment of Jennings. Jennings rightfully places herself as a bystander during this banter. When there is an absence of sexual harassment directed at a plaintiff, however, environmental conduct voluntarily engaged in by others has never supported a claim for sexual harassment. In the two cases where we have most relied on background conduct in applying the \u201csevere or pervasive\u201d standard, the direct harassment of the plaintiff still provided the foundation for the hostile environment claim. In Spriggs v. Diamond Auto Glass, 242 F.3d 179 (4th Cir.2001) (Spriggs ), we took into account environmental conduct as enhancing conduct specifically directed at the plaintiff. But the core of the harassment claim in Spriggs was based on a white supervisor repeatedly calling his African-American subordinate, \u201cdumb monkey\u201d and \u201cnigger,\u201d during the relevant employment period. See Spriggs v. Diamond Auto Glass, 165 F.3d 1015, 1017 n. 2 (4th Cir.1999) (Spriggs ). Similarly, in Ocheltree v. Scollon Prod. Inc., 335 F.3d 325 (4th Cir.2003) (en banc), we took environmental conduct into account, but primarily to enhance the core sexual harassment directed at the plaintiff, who was a female. The targeted harassment included male co-workers confronting the plaintiff with a pornographic picture depicting pierced male genitalia; simulating oral sex on a mannequin while fondling the mannequin's breasts in front of the plaintiff in order to rile and offend her; and singing to the plaintiff, in an operatic voice, \u201cCome to me, oh, baby come to me, your breath smells like come to me.\u201d Id. at 328. In cases where there was a scarcity of direct harassment, however, the plaintiffs could not rely on environmental conduct to make their claim. See, e.g., Hopkins v. Baltimore Gas & Elec. Co., 77 F.3d 745, 753-54 (4th Cir.1996) (upholding entry of summary judgment against complainant because of his overreliance on incidents \u201cnot directed specifically at him,\u201d such as those occurring in \u201cgroup settings\u201d). 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 33/46 Moreover, the Supreme Court itself has assumed throughout its Title and Title cases that only harassment directed and targeted at the victim was capable of creating a hostile environment. In Meritor, for example, \u201csexual harassment\u201d was defined as \u201cunwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.\u201d 477 U.S. at 65, 106 S.Ct. 2399 (citation and quotation marks omitted) (emphasis added). In Harris, the Court stated that the workplace must be \u201cpermeated with discriminatory intimidation, ridicule, and insult.\u201d 510 U.S. at 21, 114 S.Ct. 367 (citation and quotation marks omitted). But the intimidation, ridicule, and insults in Harris, as elsewhere, targeted the victim. 510 U.S. at 19, 114 S.Ct. 367 (stating the victim was made \u201cthe target of unwanted sexual innuendos\u201d). Thus, in Davis, the student was not only verbally assaulted, but was also touched in a manner that amounted to \u201ccriminal sexual misconduct.\u201d 526 U.S. at 653, 119 S.Ct. 1661. In Faragher, the complainant faced \u201cuninvited and offensive touching\u201d and such choices as, \u201c[d]ate me or clean the toilets for a year.\u201d 524 U.S. at 780, 118 S.Ct. 2275. In Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75, 77, 118 S.Ct. 998, 140 L.Ed.2d 201 (1998), the complainant \u201cwas forcibly subjected to sex-related, humiliating actions against him,\u201d such as being \u201cphysically assaulted \u2024 in a sexual manner\u201d and being \u201cthreatened with rape.\u201d These examples fairly reflect the Court's consistent teaching that Title and Title protect victims, not witnesses, of harassment. In short, the indirect sexual banter of which Jennings complains cannot on its own support Jennings' harassment claim. Nor does it heighten the discriminatory impact of the one instance of simple teasing directed at her so as to satisfy the demanding requirement that the harassment be so \u201csevere or pervasive\u201d that it \u201ceffectively bar[ ] the victim's access to an educational opportunity or benefit.\u201d Davis, 526 U.S. at 633, 119 S.Ct. 1661 The third and perhaps principal incident of which Jennings complains occurred during Jennings' end-of- year personal progress meeting in December 1996. It arose from Dorrance's inquiry into the causes for Jennings' poor academic performance during her first semester at UNC. Jennings at the time was 1.538 on a 4.0 scale. (J.A. 1449.) During the meeting, Dorrance impressed upon her the importance of her studies, telling her that she \u201cha[d] to study\u201d and \u201cdo better in school.\u201d (J.A. 1316.) He then sought to find the causes of Jennings' poor academic performance, as a responsible coach who risked losing a player due to academic ineligibility would do. Dorrance asked Jennings if she needed help, if she had been visiting the team's academic tutor (which she had been). (J.A. 1318.) He then wondered whether Jennings' social life was affecting her grades, asking, according to Jennings' testimony, \u201cWhat is going on in [your] social life? Is that affecting [your] grades?\u201d (J.A. 1329-30.) \u201cWho are you f**king?\u201d \u201c[I]s that affecting your grades?\u201d \u201c[Is that] causing a problem with your grades, with your performance?\u201d (J.A. 1326, 1330.) Jennings forcefully replied that her personal social life was \u201c[n]one of his god damn business.\u201d (J.A. 1325-26, 1331.) Dorrance immediately dropped the subject, and according to Jennings, \u201cstarted talking about my performance as a player.\u201d (J.A. 1327.) 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 34/46 As phrased, Dorrance's question \u201cWho are you f**king\u201d was plainly vulgar and certainly too personal. Nonetheless, the inquiry clearly did not focus on sex or include an overture to sex; it was, in context, obviously an inquiry about what was occupying Jennings' time. Jennings bordered on the verge of becoming academically ineligible to play soccer, and Dorrance, as her coach, intervened, asking if her grades were being adversely affected by her social life. Dorrance's question about Jennings' sex life was not physically threatening; it was not a sexual proposition; it was not made in an attempt to humiliate, degrade, and demean. See Harris, 510 U.S. at 23, 114 S.Ct. 367 (differentiating between the \u201cphysically threatening or humiliating\u201d comment and the \u201cmere offensive utterance\u201d). Rather, the question was asked in an effort to discover the cause of Jennings' poor academic performance. Dorrance's use of profanity and his inquiry into a personal subject for purposes of a legitimate inquiry about Jennings' time does not transform the single, isolated question into a \u201csevere\u201d example of sexual harassment. The context and purpose of the question, indeed, removed it from any consideration as sexual harassment of the kind prohibited by Title IX. See Harris, 510 U.S. at 21, 114 S.Ct. 367 (\u201c \u2018[M]ere utterance of an \u2024 epithet which engenders offensive feelings in an employee\u2019 does not sufficiently affect the conditions of employment to implicate Title VII\u201d (quoting Meritor, 477 U.S. at 67, 106 S.Ct. 2399)). * * * Jennings cites no other incidents to support her claim, and she testified at the end of her deposition that this was all that she knew. (J.A. 1430-31.) She only became aware of other evidence-evidence upon which the majority relies heavily-after the commencement of this action. We are thus left with one simple incident of teasing, the team's sexual banter which Jennings overheard, and one coarsely posed question about what time-consuming distraction might be affecting Jennings' grades. To evaluate such evidence for liability, courts must determine whether an environment is sufficiently hostile or abusive \u201cby looking at all the circumstances,\u201d Harris, 510 U.S. at 23, 114 S.Ct. 367, including the context of the case, which in this case is the collegiate athletic field. See Oncale, 523 U.S. at 81, 118 S.Ct. 998 (explaining that a football player's environment \u201cis not severely or pervasively abusive \u2024 if the coach smacks him on the buttocks as he heads onto the field-even if the same behavior would reasonably be experienced as abusive by the coach's secretary (male or female) back at the office\u201d). The collegiate athletic field is unlike the typical classroom, and the collegiate athletic coach is unlike the typical university instructor. The proper baseline by which to judge the language of Coach Dorrance and Jennings' teammates is the world of competitive collegiate athletics in which coaches, by necessity, have a much more casual and personal relationship with their student-athletes. While vulgarity of the level witnessed by Jennings was surely not necessary to the program, it is undoubtedly normal for a coach to have discussions with a player about his or her body, athletic performance, academic performance, inter-player relationships, social activities, and extracurricular activities. College sports, especially an elite program like women's soccer at UNC, involve long and intensive daily practice sessions, extensive overnight travel, and a significant amount of downtime spent together. 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 35/46 Some coaches use profanity or sarcasm as a way to express displeasure, to emphasize a point, or to motivate. Dorrance, according to Jennings, cursed when his players made mistakes, such as when a player made a poor pass. (J.A. 1231.) But Title does not protect students from profanity. See McWilliams v. Fairfax County Bd. of Supervisors, 72 F.3d 1191, 1196 (4th Cir.1996) (holding that Title does not protect employees from discrimination \u201c \u2018because of\u2019 [the harasser's] vulgarity and insensitivity and meanness of spirit\u201d). The critical inquiry in this case, as in all Title cases, is whether the alleged harassment was so objectively \u201csevere [or] pervasive \u2024 that it can be said to deprive [Jennings] of access to the educational opportunities or benefits provided by the school.\u201d Davis, 526 U.S. at 650, 119 S.Ct. 1661. The majority's application of a simple \u201cnegative impact\u201d test-whether Dorrance's comments had a \u201cnegative impact\u201d on Jennings' \u201cperformance on the soccer field,\u201d ante at 700-is simply inconsistent with the governing statute and with Supreme Court precedent, both of which require that the harassment actually \u201cdiscriminate\u201d by \u201cdepriv[ing] the [plaintiff] of access to \u2024 educational opportunities or benefits.\u201d See 20 U.S.C. \u00a7 1681(a); Davis, 526 U.S. at 650, 119 S.Ct. 1661. On this record, it cannot be said that Dorrance's language effectively excluded Jennings from participating as a member of UNC's women's soccer team, especially in light of Jennings' own testimony. And her empty assertion, made conclusorily in a litigation affidavit, that Dorrance's conduct \u201cnegatively impacted\u201d her performance is completely undermined by her own testimony of the events. When Dorrance cut her from the team, Jennings testified that she was shocked and hysterically upset at being cut because she thought she had been improving as a player. She thought she had done well, doing everything she could to become a better player under Dorrance's direction. In Jennings' own words was not expecting to get cut was expecting [Dorrance] to say, \u2018You know, you've improved,\u2019 this and this thought had done well was, you know, making every possible attempt to do what he had asked.\u201d (J.A. 1388.) This testimony hardly depicts a player who has been sexually harassed to the point of being denied the educational opportunity of playing on the team. The majority's effort to depict the environment on the soccer team as one that denied Jennings (or any other player, for that matter) the benefits of playing soccer is belied by this testimony. Furthermore, Jennings' grade point average progressively improved during her two seasons on the team. Her cumulative at the end of her freshman year was 1.539, at the end of the 1997 summer sessions it was 1.903, at the end of the fall 1997 semester it was 1.964, and at the end of the 1998 spring semester, when she was cut from the team, it was 2.022. (J.A. 1449.) If a decline in grades is evidence of discriminatory impact, then an improvement in grades should be evidence otherwise. Cf. Davis, 526 U.S. at 652, 119 S.Ct. 1661 (stating that even \u201ca mere decline in grades\u201d is insufficient to prove that the alleged harassment has deprived a student of access to school resources player, who not only does not leave a team or school, but also has a willingness or indeed a growing desire to remain with the team or school, must surely have to make an extraordinary showing to sustain a Title claim. 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 36/46 The majority fails to confront the legal consequences that flow from the undisputed fact that Jennings' evidence consists of (1) only two direct verbal comments made over the course of two years, and (2) second-hand comments that neither paint women in a negative or demeaning light, nor constitute anything approaching sexual advances, threats, coercion, or intimidation. In the face of her teammates' graphic, detailed, and open descriptions of their sexual exploits, Jennings complains of Dorrance going too far in his teasing. But however this environmental language is characterized, it falls woefully short of elevating the two verbal comments directed at Jennings to a level at which one could conclude that Jennings was denied the benefits of playing soccer for UNC. As Jennings' own testimony provides, it was her substandard conditioning, performance, and grades that did that Jennings' Title claim must fail for another, independent reason. Dorrance's comments were not gender-based, in that they were not made because Jennings was a woman. Title prohibits discrimination \u201con the basis of sex.\u201d 20 U.S.C. \u00a7 1681(a person \u201cis harassed or otherwise discriminated against [\u2018on the basis of\u2019] his or her sex if, \u2018but for\u2019 the employee's sex, he or she would not have been the victim of the discrimination.\u201d Wrightson v. Pizza Hut, 99 F.3d 138, 142 (4th Cir.1996). \u201cThe critical issue\u201d is \u201cwhether members of one sex are exposed to disadvantageous terms or conditions \u2024 to which members of the other sex are not exposed.\u201d Harris, 510 U.S. at 25, 114 S.Ct. 367 (Ginsburg, J., concurring). The direct harassment of which Jennings complains was in no way related to her gender. Dorrance asked, \u201cWhat about Trim'n?\u201d, not because Jennings is a woman, but because he and a teammate wished to engage Jennings in a conversation about her dating life. Her gender was irrelevant to the question. Even more plainly, Dorrance did not ask Jennings about her sex life in December 1996 because of her gender, but because he was trying to discover the cause of Jennings' substandard academic performance. Jennings' gender played no role in Dorrance's question. Furthermore, there is no evidence on the record from which to infer that \u201cbut for\u201d Jennings' gender, Dorrance would have refrained from teasing Jennings about her dating life and from asking whether her sex life was affecting her grades. An integral attribute of Dorrance's coaching style was his willingness to engage his players on a personal and frank level. If Dorrance was then the coach of the men's soccer team, he would just as surely have teased his male players about their weekends with their girlfriends as he lightly teased Jennings about her weekend with her boyfriend. Such teasing about a player's social life is the norm on any collegiate athletic team, whether male or female. Indeed, Jennings had the opportunity to present evidence that Dorrance treated women differently than men, as Dorrance simultaneously coached both the men's and women's soccer teams at from 1979 to 1988. But the record remains silent about any such difference. 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 37/46 In addition, there is no evidence that Dorrance's inquiry about Jennings' social life was gender-based. Responsible coaches, whether of a men's or women's athletic team, search for the cause of a player's borderline academic ineligibility, including whether the player's social life is interfering. While Dorrance posed his question too crassly and personally, the question nonetheless was a grade-centered inquiry and not an inquiry made because Jennings was a woman. There is no evidence on the record that \u201cbut for\u201d Jennings' gender, Dorrance would not have teased about her weekend or asked whether her sex life was affecting her grades. As for the second-hand sexual banter, its relevance becomes yet more remote when considering whether Jennings was exposed to the banter because of her gender. There is no evidence that distinguished her environment from a male environment, where players would undoubtedly hear the same banter. She was exposed because she was a member of the team, not because she was a woman. At the beginning of oral argument, Jennings' counsel conceded that there would be no case if every fact were the same except that the team was full of male players \u201cbecause [in that hypothetical] it would not be gender based.\u201d This concession is fatal because it necessarily relied on a further concession-that the evidence, standing alone, could not show that Jennings was discriminated against because of her sex. Moreover, it would be ridiculous to infer that Dorrance's comments were motivated by general hostility toward the presence of women on a women's soccer team, when he was the coach of the team. See Oncale, 523 U.S. at 80, 118 S.Ct. 998 (stating that when the harassing conduct is not motivated by sexual desire, an inference of gender-motivated harassment may still be derived if a victim \u201cis harassed in such sex-specific and derogatory terms \u2024 as to make it clear that the harasser is motivated by general hostility to the presence of women [or men] in the [educational setting]\u201d). Indeed, Dorrance has been the head coach of the women's team for 27 years (since 1979), leading his players to 19 national championship titles. This duration and success rate makes any inference that Dorrance is generally hostile to young women soccer players even more preposterous. \u201cWhatever evidentiary route the plaintiff chooses to follow, he or she must always prove that the conduct at issue was not merely tinged with offensive sexual connotations, but actually constituted \u2018discrimination [on the basis of sex].\u2019 \u201d Oncale, 523 U.S. at 81, 118 S.Ct. 998. The evidentiary route that Jennings has chosen, for the reasons given, does not prove discrimination \u201con the basis of sex.\u201d See 20 U.S.C. \u00a7 1681(a Jennings seeks to hold Dorrance and Ehringhaus personally liable for sexual harassment under 42 U.S.C. \u00a7 1983, basing her claim on her Fourteenth Amendment equal protection right to be free from sexual harassment in educational settings. The Equal Protection Clause 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 38/46 confers a right to be free from gender discrimination that is not substantially related to important governmental objectives. Applying this precept, courts have held that intentional sexual harassment of employees by persons acting under color of state law violates the Fourteenth Amendment and is actionable under \u00a7 1983. Courts may apply the standards developed in Title litigation to similar litigation under \u00a7 1983. Beardsley v. Webb, 30 F.3d 524, 529 (4th Cir.1994) (citations and quotation marks omitted). Because Jennings has failed to demonstrate that Dorrance's language was so severe or pervasive as to deny her the opportunity to play soccer for UNC, it follows that her \u00a7 1983 claim must also fail Participation in intercollegiate athletics involves, of necessity, a level of physical and mental training that toughens a player in competition. It is not the same type of training that attends participation in a chamber orchestra or a debate team. Driving players to reach beyond their physical limits often involves yelling, encouragement, and condemnation. We can hardly apply the standards of the classroom or the courtroom to the language of the athletic field. Of course, the environment cannot provide a cover for discrimination, including sexual harassment. In disposing of a case as this, we must discern the difference without imposing a civility code. In the context of this case, Title presents the narrow issue of whether a player-in this case Jennings- was denied the benefits of the soccer team because of Coach Dorrance's comments. It is crystal clear that she did not think so until after she was cut from the team. From her anger and disappointment in being cut-concededly not because of sexual discrimination-she pursues this unfortunate lawsuit to complain about vulgar language that surely did offend her, and rightfully so. But Title requires more. For these reasons would affirm the judgment of the district court 1. Jennings herself heard most of the comments recounted above that Dorrance made in front of the team. See J.A. 1229, 1236-38, 1248, 1261-62, 1283. The statements that Dorrance asked a particular player whether she was \u201cgoing to have sex with the entire lacrosse team,\u201d J.A. 1127, and that he advised another player \u201cto keep [her] knees together,\u201d id., come from Debbie Keller's deposition, as the dissent notes, see post at ---- n. 1. Nevertheless, Jennings's account of what was occurring is virtually the same. See e.g., J.A. 1238 (Jennings testifying that Dorrance asked a player, \u201cHow many guys in the [lacrosse] team did [you] fuck?\u201d). Amy Steelman, who played with Jennings, reported hearing, in a team setting, Dorrance's question to a player about the size of her boyfriend's genitalia. Jennings did not testify about that incident, but it is nevertheless indicative of Dorrance's pattern of asking abusive questions to 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 39/46 a number of different players. With respect to Keller, Jennings heard her say that \u201cshe was uncomfortable and didn't like the touching, the affection-the over-affection she was receiving\u201d from Dorrance. J.A. 1291. Jennings witnessed some of Dorrance's displays of affection toward Keller, observing him \u201cputting his arms around her.\u201d J.A. 1432-33. Finally, although Dorrance made the \u201cfly on the wall\u201d comment to Keller before Jennings joined the team, Jennings learned about it because players were still discussing it after she arrived. J.A. 1237. 2. Davis's deprivation standard was formulated in the context of student-on-student harassment. The Supreme Court thus recognized \u201cthe practical realities [faced by a school in] responding to student behavior,\u201d noting that \u201cchildren may regularly interact in a manner that would be unacceptable among adults.\u201d Davis, 526 U.S. at 651, 653, 119 S.Ct. 1661. The Court expressly acknowledged that \u201c[t]he relationship between the harasser and the victim necessarily affects the extent to which the misconduct can be said to breach Title IX's guarantee \u2024 and to have a systemic effect on a program or activity.\u201d Id. at 653, 119 S.Ct. 1661. Student-on-student \u201charassment, in particular, is less likely to satisfy these requirements than is teacher-student harassment\u201d or coach-student harassment. Id agree with the majority that we may consider comments: (1) made in Jennings's presence; (2) made outside her presence, but consistent with her account; and (3) made before her tenure on the team, but discussed in her presence. Cf. Schwapp v. Town of Avon, 118 F.3d 106, 110-12 (2d Cir.1997) (\u201c[I]ncidents \u2024 occurring before [plaintiff's] tenure may be of limited probative value, but cannot be ignored on summary judgment.\u201d); Rodgers v. Western-Southern Life Ins. Co., 12 F.3d 668, 674 (7th Cir.1993) (stating that in reviewing hostile environment claim courts may consider \u201cthe lexicon of obscenity that pervaded the environment of the workplace both before and after the plaintiff's introduction to its environs\u201d). 1. For instance, the majority repeatedly relies on Dorrance's \u201cfly on the wall\u201d comment without mentioning that Dorrance allegedly made this comment to Debbie Keller, the team captain, in the spring of 1994-more than two years before Jennings enrolled at UNC. (J.A. 1068.) The majority also relies on numerous instances about which Jennings never had any knowledge-nothing in the record imputes them to Jennings' knowledge, and Jennings herself never referred to them, even though she testified to every incident of which she had any awareness. (J.A. 1430-31.) Thus, the majority relies on the fact that Dorrance told a player \u201cto keep your knees together \u2024 you can't make it so easy for them\u201d or asked another whether she was \u201cgoing to have sex with the entire lacrosse team.\u201d (J.A. 1127.) But Jennings never heard those comments. Jennings also never testified knowing that Dorrance asked a player about the size of her boyfriend's genitalia. (J.A. 1452.) Similarly, the majority relies on the fact that Dorrance showed overt affection for Keller. But Jennings' only testimony in this regard is in relation to the weight room incident, which she described as follows: \u201c[W]e are in the weight room, [Debbie Keller] goes off and talks with [Dorrance] in the bleachers.\u201d (J.A. 1290.) Finally, neither Jennings nor Keller 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 40/46 ever testified that Dorrance \u201cdangl[ed] his hand in front of [Keller's] chest,\u201d (J.A. 1452-53), as relied on by the majority. 2. Dorrance has a much different recollection of the facts. In his affidavit, he stated never initiated comments on those topics, only infrequently heard players' comments on those subjects and even less frequently said anything to any player at those times about those subjects.\u201d (J.A. 186.) Several former soccer players who were Jennings' teammates at submitted affidavits consistent with Dorrance's version of the facts. (J.A. 320, 324, 330, 332). At this summary judgment stage, of course, these allegations must be ignored, and the truth of the testimony of Jennings, Keller, and Steelman must be accepted. 3. Keller testified that Dorrance \u201cwould use words more like \u2018promiscuous,\u2019 \u201d asking \u201chow many people are you going to sleep with.\u201d (J.A. 1127.) 4. Indeed, the majority even waters down the petitioner's allegation in Davis. In Davis, the petitioner contended that the harassment had a \u201cconcrete, negative effect on her daughter's ability to receive an education.\u201d Davis, 526 U.S. at 654, 119 S.Ct. 1661. The majority converts \u201creceive an education\u201d to \u201cparticipate in a program or activity.\u201d Ante at 699. Affirmed in part, vacated in part, and remanded by published opinion. Judge wrote the opinion, in which Chief Judge WILKINS, Judge MOTZ, Judge TRAXLER, Judge KING, Judge GREGORY, Judge SHEDD, and Judge joined. Judge wrote a separate concurring opinion, in which Judge joined. Judge wrote a dissenting opinion, in which Judge joined. Judge and Judge WILKINSON, being disqualified, did not participate in this case. Was this helpful? Yes No 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 41/46 Welcome to FindLaw's Cases & Codes free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law. Go to Learn About the Law \uf105 Debbie Keller, Plaintiff, v (2007) Docket No: No. 04-2447. Decided: April 09, 2007 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 Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 42/46 \uf105Practice Management \uf105Legal Technology \uf105Law Students 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. 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At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Contact us. Stay up-to-date with how the law affects your life. Sign up for our consumer newsletter \uf105 Our Team Accessibility Contact Us \uf105 By Location By Legal Issue By Lawyer Profiles By Name Legal Forms & Services Learn About the Law State Laws U.S. Caselaw U.S. Codes Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > | Privacy > | Disclaimer > | Cookies > 2/16/25, 11:31 Debbie Keller, Plaintiff, v (2007) | FindLaw 46/46", "8302_103.pdf": "Dorrance, University Settle With Second Player in Suit Posted on Jan. 15, 2008 The University has agreed to pay former soccer player Melissa Jennings \u201900 $385,000 in a settlement stemming from a sexual harassment lawsuit that has put head coach Anson Dorrance \u201974 in the national spotlight for something other than his teams\u2019 19 national titles in 26 years. The settlement, approved last week by members of the System Board of Governors, also obligates Dorrance to submit an apology to all of his players for any inappropriate conversations he generated about sex. As an institution, the University has agreed to review and revise its sexual harassment policies and procedures by July 15. Nancy Hogshead-Makar, a former Olympic swimmer-turned-assistant law professor who specializes in women\u2019s equity in sport at Florida Coastal School of Law, will conduct the review. The suit was filed in August 1998 by Jennings and a second player, Debbie Keller \u201998, who at the time sought $12 million in damages against and several 2/16/25, 11:32 Dorrance, University Settle With Second Player in Suit - Carolina Alumni 1/9 University officials, including Dorrance. Keller settled out-of-court for $70,000 in 2004, and Dorrance attended sensitivity training sessions for eight years. According to his letter of apology, between August 1996 and June 1998, Dorrance talked in group settings with his players about their sexual activities and relationships with men understand that my participation in those discussions was inappropriate and unacceptable,\u201d his letter said apologize to Ms. Jennings and her family, as well as all other members of the soccer team.\u201d The athletics department will pay the settlement from its 2007-08 operating budget, bypassing the use of state funds and tuition dollars. In the suit\u2019s early stages, Dorrance and the University argued that the sexual discussions noted by Jennings and Keller were innocent side products of \u201clocker room banter.\u201d As the suit matured, it was fought by through the courts all the way to the U.S. Supreme Court. Last year, the Supreme Court declined to hear the suit, and Judge M. Blane Michael wrote in the 4 U.S. Circuit Court of Appeals majority opinion that Dorrance\u2019s conduct \u201cwent far beyond simple teasing and qualified as sexual harassment.\u201d th 2/16/25, 11:32 Dorrance, University Settle With Second Player in Suit - Carolina Alumni 2/9 trial had been set for April in federal court. While Jennings qualified in the agreement that Dorrance never acted upon any of his comments, the language he used made her feel \u201cextremely uncomfortable,\u201d a letter stated. Jennings, a goalie recruit, was cut from the team in 1998. Keller was the 1996 national college player of the year who scored the game-winning goal in the 1996 championship game. Her No. 8 jersey is retired. In a statement from the athletics department, Athletics Director Dick Baddour \u201966 said: \u201cAnson apologized to Ms. Jennings in 1998 for making comments in jest that the University thought, and in hindsight he agreed, were inappropriate. That\u2019s what Anson apologized for in 1998 and it\u2019s the exact same apology he is giving in 2008. The only difference is that the University is paying the plaintiff $385,000, which is intended to reimburse her for most of the attorneys\u2019 fees she accumulated over the nine-year history of this case.\u201d Baddour said Jennings\u2019 and Keller\u2019s charges were an anomaly in Dorrance\u2019s career, pointing out that many of his former players were eager to testify that they believed the case had no merit. \u201cThe allegations that were made in 1998 were unprecedented. There were no allegations against him in the 20 years before the plaintiffs made their claims 2/16/25, 11:32 Dorrance, University Settle With Second Player in Suit - Carolina Alumni 3/9 and there have been no allegations of a similar nature in the 10 years since. Anson apologized for some comments he made in jest, and was reprimanded by the University back in 1998, but there was nothing he did that warranted this type of legal action. Anson has been a tremendous representative of The University of North Carolina for more than 30 years.\u201d More online\u2026 Case Against Dorrance Could Go to Trial October 2007 news report Federal Appeals Court Will Hear Player\u2019s Claims Against Dorrance July 2006 news report Soccer Lawsuit Against Dorrance Dismissed October 2004 news report Settles Dorrance Suit With One of Two Former Players March 2004 news report Share via: 2/16/25, 11:32 Dorrance, University Settle With Second Player in Suit - Carolina Alumni 4/9 One Response to \u201cDorrance, University Settle With Second Player in Suit\u201d 2/16/25, 11:32 Dorrance, University Settle With Second Player in Suit - Carolina Alumni 5/9 1 letter, signed by 18 alumnae who played soccer at UNC, says 30, 2008 12:00 In the summer of 1998, the women\u2019s soccer players at stood firmly in support of coach Anson Dorrance \u201974 after former Tar Heels Debbie Keller \u201998 and Melissa Jennings \u201900 brought a sexual harassment lawsuit against him. Now it is almost 10 years later, and the support for Anson from his players has not wavered. While the lawsuit was settled in January, we would have loved to see it go to court so the truth could finally be told. Given the opportunity to testify, this is what we would have said: \u201cEverything associated with the sexual harassment claims was completely fabricated. The environment in which we played was nothing but a positive and rewarding one.\u201d Anson Dorrance has coached more than 200 players since the program was formed and, despite statements by the accusers that many more Tar Heel players would support their allegations, not a single player came forward during the last 10 years to substantiate their claims. Although Anson would sometimes jest and tease his players, it was always in good humor and never off-color, as suggested by the accusers in their lawsuit. The light-hearted humor is an important part of our program, necessary to balance out the highly competitive nature of our practices and games. This personal, family 2/16/25, 11:32 Dorrance, University Settle With Second Player in Suit - Carolina Alumni 6/9 environment is what makes our program so successful and special. The relationships formed between the players and coaches, the shared experiences, and the life lessons learned all contribute to helping each of UNC\u2019s players succeed long after their soccer careers are over. During the past decade, we believe that the media has continuously portrayed Anson unfairly based on hearing only the accusers\u2019 side of the story, because Anson was advised by his lawyers not to comment on the lawsuit and none of us were ever contacted to put the real story in context. The public assumes that by settling the lawsuit, Anson is admitting he did wrong when, in fact, he has only apologized if his words were unintentionally hurtful to any of his players. We never felt at all threatened or uncomfortable. We are so disappointed that Anson\u2019s name has been dragged through the mud for a decade based on sensationalized allegations. The real truth is that Anson is not only a wonderful teacher of the game of soccer but also an incredible mentor and teacher of valuable life lessons. We would like to thank both Anson Dorrance and his assistant coach, Bill Palladino \u201973, for affecting all of our lives in such a positive way. We have always been and will continue to remain steadfast in support of our coaches and the women\u2019s soccer program. 2/16/25, 11:32 Dorrance, University Settle With Second Player in Suit - Carolina Alumni 7/9 Meredith Florance Beard \u201901 Davidsonville, Md. Jenni Branam \u201905 Placentia, Calif. Susan Bush \u201904 Houston Cindy Parlow Cone \u201907 Atlanta Robin Confer \u201998 Athens, Ga. Sarah Dacey \u201998 Waltham, Mass. Lorrie Fair \u201900 San Francisco Aubrey Falk Largaespada \u201998 Hercules, Calif. Elizabeth Marslender Deegan \u201996 Arlington, Va. Siri Mullinix \u201999 Jamestown Leslie Gaston \u201902 Atlanta 2/16/25, 11:32 Dorrance, University Settle With Second Player in Suit - Carolina Alumni 8/9 Gretchen Overgaard Hunt \u201998 Alamo, Calif. Julia Marslender McGeorge \u201901 Arlington, Va. Tiffany Roberts Sahaydak \u201999 Walnut Creek, Calif. Laurie Schwoy \u201900 Rosedale, Md. Beth Sheppard \u201999 Durham Danielle Borgman Sunderhaus \u201903 Meg Uritus Zimpfer \u201998 Dublin, Ohio Log in to comment on this post. 2/16/25, 11:32 Dorrance, University Settle With Second Player in Suit - Carolina Alumni 9/9", "8302_104.pdf": "Jennings v. Dorrance and UNC: Soccer, Sex, and Second Hand Harassment 06.30.2007 Employment Law Review In a highly publicized case which has been in the court system for eight years, the Fourth Circuit Court of Appeals, sitting en banc, recently held that Melissa Jennings, a former soccer player at UNC, could continue to trial with her lawsuit claiming that her coach Anson Dorrance\u2019s sexual comments toward her and members of the female soccer team at constituted sexual harassment by creating a sexually hostile environment. The Fourth Circuit also held that the University had actual knowledge of the alleged sexual harassment, but did not take appropriate action to address the complaints. Therefore, Ms. Jennings may continue her suit against as well. The ruling by the en banc Fourth Circuit, rendered on April 9, 2007, reversed a three judge panel of the Fourth Circuit, which had upheld the dismissal of the case against Coach Dorrance and the University by the U.S. District Court for the Middle District of North Carolina. The case has been remanded to the trial court and, absent settlement, a jury trial will take place The allegations that Ms. Jennings and several other team members made against Coach Dorrance included the following: Coach Dorrance, often in front of the entire team, singled out individual players and asked questions about whether, with whom, and how often they were having sex. For example, Coach Dorrance allegedly made the following comments to team members in a team/group setting: [Who is your] f\u2014 of the week? [Are you] going to f\u2014 your boyfriend and leave him? How many guys on the [lacrosse team] did you f\u2014? 2/16/25, 11:32 Jennings v. Dorrance and UNC: Soccer, Sex, and Second Hand Harassment | Brooks Pierce 1/5 Coach Dorrance asked one player about the size of her boyfriend\u2019s genitalia and suggested to another that she \u201cjust had to keep her knees together.\u201d Coach Dorrance allegedly told a trainer that he would like to have group sex with his Asian players. Coach Dorrance allegedly told Debbie Keller (an All-American player who also sued Coach Dorrance and settled her case) that he would like to be a fly on the wall the first time a particular player (who he assumed was a virgin) had sex. Coach Dorrance often made comments in the presence of the players about a certain female\u2019s \u201cnice racks\u201d [referring to her breasts] and \u201cnice legs.\u201d Coach Dorrance openly accused at least three players of being promiscuous, asking them questions such as \u201cIs there a guy you haven\u2019t f\u2014ed yet?\u201d during practices or at team meetings. Coach Dorrance also showed overt affection\u2014affection of the sort that was not welcomed\u2014for one player, Keller, in front of the entire team. He paid inordinate attention to Keller, frequently brushing her forehead, hugging her, rubbing her back, whispering in her ear, dangling a hand in front of her chest, or touching her stomach. According to the players who made allegations against Coach Dorrance, this conduct was ongoing and occurred at all times and places\u2014including team meetings, practices, and while the team was traveling. Ms. Jennings testified that Coach Dorrance called her to his hotel room while they were traveling in California to assess her performance as a freshman player. Ms. Jennings described the scene as \u201cbeing alone with a 45 year old man who was her coach and had complete power over her in a dark hotel room, knee to knee, bed not made, sitting at one of those tiny tables.\u201d During the conversation he also asked Ms. Jennings, \u201cWho are you f\u2014ing?\u201d During a team warm up session, Coach Dorrance allegedly asked Ms. Jennings if she had had \u201cthe same good weekend\u201d with her boyfriend as another player who he had just described as having had a long, sex-filled weekend with her visiting boyfriend. Ms. Jennings and others also alleged that during the fall of 1996, Ms. Jennings met with UNC\u2019s highest ranking lawyer, a female who had been officially designated by the University as the person to whom claims of sexual harassment should be made. 2/16/25, 11:32 Jennings v. Dorrance and UNC: Soccer, Sex, and Second Hand Harassment | Brooks Pierce 2/5 Ms. Jennings alleged that she told the attorney about Coach Dorrance\u2019s sexual comments about his players in great detail and reported that the situation was causing her personally to have feelings of discomfort and humiliation. According to Ms. Jennings, the attorney\u2019s response to her was that Coach Dorrance was a \u201cgreat guy\u201d and that she should work out her problems directly with him. The attorney took no further action on the complaint and Coach Dorrance\u2019s harassment continued The Fourth Circuit observed that, for purposes of deciding whether summary judgment against the Plaintiff was appropriate or whether the case should proceed to trial, the court had to take as true allegations of the plaintiff and the witnesses who had given statements/testimony on behalf of the plaintiff. Among the Fourth Circuit\u2019s rulings, using that standard, were the following: 1. While this case was filed under Title of the Civil Rights Act (relating to colleges and universities), the Fourth Circuit used principles established under Title of the 1964 Civil Rights Act (which of course applies to private employers) in reaching its decision. 2. The Fourth Circuit concluded that Ms. Jennings had put forth sufficient evidence for a jury to find that Coach Dorrance\u2019s degrading and humiliating conduct was sufficiently severe and pervasive to create a sexually hostile environment. In addition to the fact that the alleged conduct crossed the line of mere joking or boorish behavior that might innocently appear in a sports setting between coach and players, the Fourth Circuit emphasized the persistent and pervasive nature of the comments and behavior. The Court also pointed to several aggravating factors in this case: The Fourth Circuit noted that there was a tremendous \u201cdisparity in power\u201d between Coach Dorrance and his players. Coach Dorrance is the most successful women\u2019s soccer coach in U.S. college history and coaches the U.S. National Team. He has tremendous power and influence over a player\u2019s opportunity for achieving in the soccer world both at and beyond. The Court also noted the age disparity between the harasser and the victims, pointing out that this was a case of a 45-year old man probing into and commenting about the sexual activity of young women, some of whom were as young as 17. 3. Without using the term, the Fourth Circuit then enunciated the theory which has been called by most commentators \u201csecond hand harassment\u201d or \u201ctarget harassment\u201d as being applicable in this case. The theory is that while an individual may not have been personally subjected to sufficient sexual comments or other conduct to create a sexually hostile environment against her, she may be successful in a sexual hostile environment suit if she shows that she witnessed persistent, severe sexual misconduct against others of her sex which would amount to sexual harassment. As 2/16/25, 11:32 Jennings v. Dorrance and UNC: Soccer, Sex, and Second Hand Harassment | Brooks Pierce 3/5 mentioned, Ms. Jennings testified that she personally was only subjected to two incidents of harassment by Coach Dorrance. Those two incidents, standing alone, probably would not have amounted to sexual harassment sufficient to give Ms. Jennings a cause of action. However, those two incidents, coupled with the severe and pervasive sexual misconduct that Jennings observed on a daily basis against her female team members, were enough to give her a cause of action sufficient to survive summary judgment and to entitle her to a jury trial. 4.The Fourth Circuit also found that, reviewing the evidence in the light most favorable to Ms. Jennings would remain as a party to the suit during the jury trial and that the University itself could be liable if the jury so found. The Fourth Circuit noted that Ms. Jennings had complained to an official who had authority to address the alleged discrimination and to institute corrective measures. The official (an attorney) had actual knowledge of alleged discrimination and failed adequately to respond or displayed deliberate indifference to such alleged discrimination. The Fourth Circuit therefore found that the attorney who received Ms. Jennings\u2019 complaints and did nothing subjected the University to liability by her inaction and attitude taken with Ms. Jennings The Jennings case merits special attention for private employers on at least two major points: Second hand harassment. Under this theory, the number of potential plaintiffs in a sexually hostile work environment situation is greatly expanded. Not only is the individual who is the direct object of sexual comments and other conduct of a severe and pervasive sexual nature able to file a lawsuit, but other persons of the same sex who may not themselves have been subjected to such misconduct also may bring a suit in circumstances such as those alleged by Ms. Jennings. It is therefore incumbent upon employers to insure that the work place is free of sexually suggestive comments and other misconduct even if the object of the comments or other misconduct does not seem to be upset by the actions of the perpetrator. If the actions are severe and pervasive enough to create a sexually hostile work environment, it does not matter to whom the comments and misconduct are specifically directed. University liability. The alleged inaction of the University attorney to the complaints voiced by Ms. Jennings should be a warning to all employers to take every step possible to insure that all complaints are treated seriously and addressed in a timely and effective manner. Even if Ms. Jennings were allowed to proceed against Coach Dorrance, the University could have avoided liability altogether if the official to whom Jennings complained had promptly acted to take steps reasonably designed to stop the harassment. This case illustrates the temptation to be dismissive of complaints made against persons who are in positions of great authority. Equate Coach Dorrance (who continues to coach women\u2019s soccer at and has racked up several more national championships since the suit was filed) to a Vice President in your company. No matter who the person is who has been complained against, a company 2/16/25, 11:32 Jennings v. Dorrance and UNC: Soccer, Sex, and Second Hand Harassment | Brooks Pierce 4/5 must take allegations against that person seriously and conduct an investigation to determine the facts. Indeed, as the Fourth Circuit pointed out in finding a sexually hostile environment in this case, the higher up in the organization the perpetrator is, the more likely the court is to find a violation of Title using the \u201cdisparity in power\u201d factor. In conclusion, it will be interesting to see how the Jennings case plays out\u2014whether the University will feel strongly enough about this issue to go through the trauma of a highly publicized jury trial, or whether it will seek to settle this matter. In any event, the case should serve as a wake-up call to all employers in this geographic area regarding the legal principles which have now been established in the Fourth Circuit. 2/16/25, 11:32 Jennings v. Dorrance and UNC: Soccer, Sex, and Second Hand Harassment | Brooks Pierce 5/5", "8302_105.pdf": "\ue031 Save 50% on bar prep products through February 16. Save your bacon and 50% with discount code: \u201cpass50\" Free Case Briefs for Law School Success Jennings v. University 482 F.3d 686 (4th Cir. 2007) Let us know what you think about this case brief Facts Melissa Jennings, a former student and soccer player at the University of North Carolina at Chapel Hill, alleged that her coach, Anson Dorrance, created a hostile environment by persistently discussing the sexual lives of his players and making inappropriate comments. Jennings brought a lawsuit against UNC, Dorrance, and other individuals under Title IX, \u00a7 1983, and common law, claiming severe harassment. The district court Learn more \ue002 \ue03cSearch for case brief name or citation Facts Issue Holding Reasoning In-Depth Discussion Legal Framework 2/16/25, 11:32 Jennings v. University - Case Brief Summary for Law School Success 1/11 had granted summary judgment in favor of the defendants, dismissing Jennings's claims. Issue The key issue was whether the actions and behavior of Coach Anson Dorrance constituted sexual harassment under Title and \u00a7 1983, creating a hostile environment for Jennings, and if should be held liable for failing to take appropriate action despite being notified. Holding The Fourth Circuit Court vacated the summary judgment in favor of the defendants on Jennings's Title claim against and her \u00a7 1983 claims against Dorrance and Ehringhaus. The Court determined there were triable issues of fact as to whether Dorrance's behavior constituted sexual harassment and whether was deliberately indifferent to the harassment. Reasoning The Court reasoned that Dorrance's frequent, sexually explicit comments and prying into the sexual lives of team members constituted harassment severe enough to create a hostile environment. Jennings's reporting of the conduct to university authorities, and the lack of adequate response, supported the inference of the university's deliberate indifference. The Court highlighted that the disparity in power between Dorrance and the players amplified the hostile environment and that Jennings had shown sufficient facts to proceed to trial on the claims against and the individuals involved. Samantha P. Consultant, 1L and Future Lawyer I\u2019m a 45 year old mother of six that decided to pick up my dream to become an attorney at FIVE. Studicata just brought tears in my eyes. 2/16/25, 11:32 Jennings v. University - Case Brief Summary for Law School Success 2/11 Alexander Law Student Your videos helped me graduate magna from Law this month! John B. St. Thomas University College of Law can say without a doubt, that absent the Studicata lectures which covered very nearly everything had in each of my classes probably wouldn't have done nearly as well this year. Studicata turned into arguably the single best academic purchase I've ever made would recommend Studicata 100% to anyone else going into their 1L year, as Michael's lectures are incredibly good at contextualizing and breaking down everything from the most simple and broad, to extremely difficult concepts (see property's RAP) in a way that was orders of magnitude easier than my professors; and even other supplemental sources like Barbri's 1L package. Studicata\u2019s free lectures on YouTube save lives. In-Depth Discussion Legal Framework and Standard of Review The court's reasoning in the Jennings v. University case rests significantly on the Title legal framework and the standards established under \u00a7 1983 for adjudicating claims of sexual harassment within educational institutions. Title IX, a federal statute, prohibits sex-based discrimination in any educational program or activity receiving federal financial assistance. This includes harassment that creates a hostile environment. In examining Jennings's claims, the court drew parallels with Title jurisprudence, which also addresses workplace discrimination. This comparative approach was essential in assessing whether the hostile environment standard had been met under Title IX. Examination of Harassment Severity and Pervasiveness See for yourself \ue002 2/16/25, 11:32 Jennings v. University - Case Brief Summary for Law School Success 3/11 In determining whether Coach Anson Dorrance's conduct amounted to actionable sexual harassment, the court considered whether his actions were sufficiently severe or pervasive to create a hostile or abusive environment as outlined in cases such as Harris v. Forklift Systems, Inc. This involved analyzing the frequency, severity, and nature of Dorrance's comments and inquiries, which went beyond mere teasing or offhand remarks. The court concluded that the explicit sexual nature of the language used\u2014and its persistent occurrence\u2014contributed to an atmosphere that a reasonable person would find hostile or abusive, thus fulfilling this crucial element of Jennings\u2019s Title claim. Power Dynamics and Influence critical aspect of the court's reasoning was the power disparity between Dorrance and his players. The court noted that Dorrance held significant influence as a highly successful and renowned coach, which placed the players, including Jennings, in a vulnerable position. This power differential exacerbated the harassment's impact, making it difficult for players to avoid or resist Dorrance\u2019s inquiries. The court opined that Jennings's fear of reprisal, should she resist his probing, and the pressure felt by other team members, underscored the exploitation of positional power in this context, further validating the hostile environment claim. University's Response and Deliberate Indifference Jennings\u2019s report of harassment to university officials, particularly to Susan Ehringhaus, and the subsequent lack of substantial intervention was a pivotal point in the court\u2019s reasoning regarding UNC\u2019s liability under Title IX. The court assessed whether the institution acted with deliberate indifference by failing to respond adequately to her complaints. It evaluated the official responses against the backdrop of institutional responsibilities under Title IX, ultimately finding plausible evidence of indifference that warranted further judicial examination. Emotional and Educational Impact on Jennings The court also assessed the emotional distress and the tangible adverse impact the hostile environment had on Jennings's educational experience. The reasoning included consideration of Jennings's testimony, which described substantial interference with 2/16/25, 11:32 Jennings v. University - Case Brief Summary for Law School Success 4/11 her academic and athletic performance due to the harassment she endured. The court acknowledged the psychiatrist\u2019s support of Jennings\u2019s claims about her severe emotional distress, seeing this as indicative of concrete, negative effects on her educational opportunities, a requisite for establishing Title violations. Supervisory Liability Under \u00a7 1983 Lastly, the court deliberated on Jennings\u2019s \u00a7 1983 claims, focusing on Dorrance's role as a state actor and the supervisory liability of Ehringhaus. For Dorrance, the court reaffirmed his actions as constituting state action due to his employment status and authority within the university. Regarding Ehringhaus, the court scrutinized her inaction in light of her supervisory position, which underscored the potential for liability when an official with the power to address misconduct fails to act, leading to ongoing violations of constitutional rights. Cold Calls We understand that the surprise of being called on in law school classes can feel daunting. Don\u2019t worry, we've got your back! To boost your confidence and readiness, we suggest taking a little time to familiarize yourself with these typical questions and topics of discussion for the case. It's a great way to prepare and ease those nerves.. 1. What were the facts of the Jennings v. University case? Melissa Jennings, a former soccer player at the University of North Carolina at From law school to the bar exam, we have your back Get started for free \ue002 2/16/25, 11:32 Jennings v. University - Case Brief Summary for Law School Success 5/11 Chapel Hill, sued her coach, Anson Dorrance, and the university, claiming that Dorrance's persistent sexual comments created a hostile environment. The suit included Title and \u00a7 1983 claims. The district court initially granted summary judgment for the defendants. 2. What legal issues did the Jennings v. University case address? The case addressed whether Coach Dorrance's behavior constituted sexual harassment under Title IX, if it created a hostile environment for Jennings, and if the University should be held liable for failing to take action after being notified. 3. What was the holding of the Fourth Circuit Court in Jennings v. University? The court vacated the summary judgment for the University, finding that there were triable issues of fact regarding whether Dorrance's conduct constituted sexual harassment and if the University was deliberately indifferent to the harassment. 4. How did the court assess the severity of the harassment in Jennings v. University? The court analyzed the frequency and explicit nature of Dorrance\u2019s comments, determining that they were severe and pervasive enough to create a hostile environment for the players, satisfying the requirements under Title IX. 5. What role did power dynamics play in the Jennings v. University decision? The court considered Dorrance\u2019s significant influence over his players due to his status as a renowned coach, which placed players, including Jennings, in a vulnerable position, exacerbating the harassment\u2019s impact. 6. Why did the court find liable under Title in Jennings v. University? The court found that Jennings informed university officials about the harassment and that failed to act, showing deliberate indifference to Dorrance\u2019s behavior, which met the threshold for institutional liability under Title IX. 2/16/25, 11:32 Jennings v. University - Case Brief Summary for Law School Success 6/11 7. What evidence supported Jennings\u2019s claim of a hostile environment? Jennings provided testimonies and witnessed incidents of sexually explicit comments directed at team members by Coach Dorrance, corroborated by other players and a psychiatrist\u2019s evaluation of her emotional distress. 8. How did the court address the \u00a7 1983 claim against Dorrance and Ehringhaus? The court acknowledged that Dorrance acted as a state actor when harassing Jennings and that Ehringhaus\u2019s inaction, despite knowing of the harassment, could establish supervisory liability for the alleged violations. 9. What is the significance of the Title precedent in this case? The court applied Title workplace discrimination precedents for assessing sexual harassment under Title IX, establishing a framework to determine if a hostile environment existed in an educational setting. 10. Why was considered deliberately indifferent to the harassment reported by Jennings? UNC, through Susan Ehringhaus, was informed of Dorrance\u2019s harassment but did not take meaningful action to address the issue, amounting to deliberate indifference under Title standards. 11. What impact did the court state Dorrance\u2019s harassment had on Jennings\u2019s education? Jennings testified that the hostile environment negatively affected her academic performance and participation in soccer psychiatrist supported her reports of significant emotional distress resulting from the harassment. 12. What procedural rulings did the court affirm regarding Jennings's claims? The court affirmed summary judgment on Jennings's constitutional right to privacy and common law privacy claims, as well as her procedural motions to strike certain exhibits and the defendants' answer. 13. How did the court reason regarding the severity of emotional distress claims? The Fourth Circuit found Jennings's claims of emotional distress credible, 2/16/25, 11:32 Jennings v. University - Case Brief Summary for Law School Success 7/11 supported by medical testimony, indicating that the harassment had a substantial and detrimental effect on her well-being and educational experience. 14. What did the court say about Dorrance\u2019s comments and positional power? The court highlighted that Dorrance's persistent sexual commentary exploited his authoritative position as a coach, creating an environment where players felt compelled to endure the behavior without confronting him. 15. Why was the case remanded for further proceedings? The Fourth Circuit vacated part of the district court\u2019s summary judgment, citing sufficient factual disputes requiring trial to resolve Jennings's Title and \u00a7 1983 claims against and the involved university officials. 16. How did the court view the university's response to Jennings's harassment claim? The court viewed the university's minimal response as inadequate, pointing to UNC's lack of appropriate measures following Jennings's detailed complaint about Dorrance\u2019s conduct, suggesting deliberate indifference. 17. What aspects of Jennings\u2019s complaint did the court find credible? The court found credible Jennings\u2019s detailed accounts of Dorrance\u2019s comments, her consistent emotional reactions, and the supporting accounts of peers and a mental health professional, indicating pervasive harassment. 18. On what grounds did the court reject certain \u00a7 1983 claims? The court rejected \u00a7 1983 claims against certain university staff due to lack of evidence showing their knowledge or participation in the harassment, ensuring claims focused on those directly or indirectly responsible. 19. Did the court address any issues of qualified immunity in this case? The court acknowledged the qualified immunity defenses raised but chose not to resolve these on appeal, leaving the district court to consider the question on remand as the case proceeds to trial. 2/16/25, 11:32 Jennings v. University - Case Brief Summary for Law School Success 8/11 Let us know what you think about this case brief Search for another case brief Most Searched: Palsgraf v. Long Island R.R. Co. Planned Parenthood of Southeastern Pa. v. Casey Roe v. Wade Griswold v. Connecticut Boomer v. Atlantic Cement Co. Popular Briefs Lawrence v. Texas 539 U.S. 558, 123 S. Ct. 2472 (2003) New York Times Co. v. Sullivan 376 U.S. 254, 84 S. Ct. 710 (1964) 20. What did the court say about the nature of Title and its application? The court clarified that Title is not a general civility code but rather aims to address severe, gender-based discrimination that deprives individuals of equal access to educational opportunities or benefits. \ue03cSearch for case brief name or citation 2/16/25, 11:32 Jennings v. University - Case Brief Summary for Law School Success 9/11 Gertz v. Robert Welch, Inc. 418 U.S. 323, 94 S. Ct. 2997 (1974 fresher, more relatable way to prep for law school finals and the bar exam. \ue023info@studicata.com Log in \ue002 Case Briefs Law School Video Courses Studicata Bar Review Bar Exam Video Courses Outlines & Study Aids Help Center 2/16/25, 11:32 Jennings v. University - Case Brief Summary for Law School Success 10/11 \u00a9 Copyright 2024 Studicata NCBE\u00ae, MBE\u00ae, MEE\u00ae, MPT\u00ae and UBE\u00ae are trademarks of the National Conference of Bar Examiners. Privacy Policy Terms of Service Submit Review 2/16/25, 11:32 Jennings v. University - Case Brief Summary for Law School Success 11/11", "8302_106.pdf": "Jennings v HILL, 340 F. Supp. 2d 666 (M.D.N.C. 2004) U.S. District Court for the Middle District of North Carolina - 340 F. Supp. 2d 666 (M.D.N.C. 2004) October 27, 2004 340 F. Supp. 2d 666 (2004) Melissa JENNINGS, Plaintiff, v HILL, et al. Defendant. No. 1:99CV400. United States District Court, M.D. North Carolina. October 27, 2004. *668 Marvin Schiller, Raleigh, NC, Louis Anthony Varchetto, Ray Hunter Rittenhouse, Marcelline Defalco, Mulherin Rehfeldt & Varchetto, P.C., Wheaton, IL, David Garrett Schiller, Schiller & Schiller, PLLC, Raleigh, NC, Daniel F. Konicek, Thomas W. Dillon, Jeffrey T. Mitchell, Konicek & Dillon, P.C., Geneva, IL, for plaintiff. Thomas J. Ziko, Raleigh, NC, Frederic J. Artwick, Sidley & Austin, Chicago, IL, Sylvia Hargett Thibaut, Celia Grasty Lata, Chapel Hill, NC, Douglas Everette Kingsbery, Tharrington Smith, Raleigh, NC, for defendants. 2/16/25, 11:32 Jennings v HILL, 340 F. Supp. 2d 666 (M.D.N.C. 2004) :: Justia 1/16 TILLEY, Chief Judge. This matter is before the court on the following motions: Defendants' Motion for Summary Judgment [Doc. # 115]; Plaintiffs Motion to Strike Amended Answer by Defendants and for Default Judgment [Doc. # 137]; and Plaintiffs Motion to Strike Exhibits through to the Affidavit of Anson Dorrance [Doc. # 142]. For the reasons set forth below, both of Plaintiffs Motions to Strike will be and Defendants' Motion for Summary Judgment will be GRANTED. I. The facts of this case viewed in the light most favorable to the Plaintiff are as follows. The sole remaining Plaintiff in this case, Melissa Jennings, was a member of the University of North Carolina at Chapel Hill (\"UNC\") women's intercollegiate soccer team (\"the team\") from August 1996 until she was dismissed from the team in May 1998. During this time, Defendant Anson Dorrance was the team's head coach and Defendant William Palladino was an assistant coach. Also at that time, the following defendants were employed by UNC: Michael Hooker, as Chancellor; Susan Ehringhaus, as Assistant to the Chancellor and Senior University Counsel; John Swofford, as Director of Athletics; Richard Baddour, as Director of Athletics; and Clara Elizabeth *669 (\"Beth\") Miller, as Senior Associate Director of Athletics. All of these defendants are sued in their individual capacities. The University is also a defendant in this action. Ms. Jennings was recruited by Mr. Dorrance to join the women's soccer team as a goal keeper. (Jennings Dep. at 31-32.) She did not receive an athletic scholarship. (Dorrance Aff. at 1.) During the two academic years that Ms. Jennings was a member of the team, she claims to have overheard several comments about other team members made by Coaches Dorrance and Palladino, particularly at pre-practice warm-up sessions. Ms. Jennings also claims that on two occasions Mr. Dorrance made direct inquiries into her personal life. Ms. Jennings' legal claims against the Defendants are based on those comments, remarks, and conversations. It was common for team members to warm up together before practice by stretching. During those warm-up sessions, the team members would often discuss their personal lives including at times their sexual activities. According to Ms. Jennings, Mr. Dorrance would, on occasion, come over to the players during warm-up time, or when they were [1] [2] [3] [4] [ ] 2/16/25, 11:32 Jennings v HILL, 340 F. Supp. 2d 666 (M.D.N.C. 2004) :: Justia 2/16 congregating at the soccer office on the practice field known as \"the Hut.\" When he joined them, he would occasionally also participate in their conversations, asking the players about their activities over the weekend and sometimes discussing the people with whom the players were sexually involved. He did not initiate these conversations about sexual activities. Ms. Jennings points to particular comments that Mr. Dorrance allegedly made on a few occasions when he joined the players' conversations. He allegedly made reference to one players's sexual partner as the \"fuck of the minute\" (Jennings Dep. at 52), and asked another if she was going to have a \"shag fest\" with her boyfriend and if she was going to \"fuck him and leave him\" (Id. at 53, 63). According to Ms. Jennings, Mr. Dorrance used the word \"fuck\" very often. (Id. at 38, 79.) Mr. Dorrance also allegedly talked about boys coming out of the players' windows after one player said she had climbed into one person's window after a sexual encounter with a different person. (Id. at 64; Keller Dep. at 121.) Ms. Jennings claims Mr. Dorrance also sometimes commented on players' physical attributes, including their legs and breasts. (Jennings Dep. at 44, 51, 83) She alleges that he once called one player a \"fat ass\" (Id. at 91) and that he sometimes referred to another player, who was thought to be a lesbian, by a masculine name (Id. at 97, 98). Ms. Jennings also claims to have overheard Mr. Dorrance in a conversation with Mr. Prentice refer to an \"Asian threesome,\" which she interpreted as Mr. Dorrance and two members of the team. (Id. at 44.) She says that he \"made [one member of the team] out to be the team slut\" and actually called that player a \"slut,\" possibly in Mr. Palladino's presence. (Id. at 76.) Finally, Ms. Jennings claims to have heard from other players that Mr. Dorrance told Ms. Keller he would like to be a \"fly on the wall\" the first time one player had sex. (Id. at 52.) Some players, including those who were the subjects of the comments, appeared to be flattered, or at least not offended, by Mr. Dorrance's behavior. (Id. at 87, 88, 90; see Affs. of Falk, Fettig, Dacey.) Others appeared to *670 Ms. Jennings to be upset by it. (Jennings Dep. at 49-50, 97-98.) Mr. Palladino seems to have joined in the conversations and made comments less frequently than Mr. Dorrance. His role appears to have been a passive one, laughing at something the players said or at a comment Mr. Dorrance made about a player. (Keller Dep. at 125.) Ms. Jennings alleges that she once heard him and Mr. Dorrance \"joking back and forth about [how] they had been sending dirty e-mails, dirty jokes between them.\" (Jennings Dep. at 76.) Ms. Jennings said in her deposition that Mr. Palladino did not humiliate any of the women on the team. (Id. at 106.) [5] 2/16/25, 11:32 Jennings v HILL, 340 F. Supp. 2d 666 (M.D.N.C. 2004) :: Justia 3/16 Ms. Jennings did not normally participate in the discussions about dating and sexual activities during team warm-up time, nor was she a target of Mr. Dorrance's comments about players' bodies. On two occasions, however, she was the focus of a conversation in Mr. Dorrance's presence that made her uncomfortable. During one of those conversations Mr. Dorrance made a direct inquiry of her; during the other he was merely present. The first occurred during warm-up time before practice. When the team was discussing their dating relationships, the conversation turned to Ms. Jennings, and what she was going to do with her boyfriend that weekend. Mr. Dorrance did not initiate this turn in the conversation, but he did join in the inquiry once it was made, saying \"Yes, what about Trim'n?\" (Id. at 67.) Ms. Jennings did not respond to any of the speculation about her weekend. (Id. at 68.) Shortly after that incident, her teammates asked whether one of Ms. Jennings' male friends who had attended a game was her boyfriend. Mr. Dorrance was also present for that conversation. (Id. at 73.) After the fall season and before the end of her freshman year, Ms. Jennings claims to have met with Mr. Dorrance individually. This \"end-of season\" meeting allegedly took place in Mr. Dorrance's hotel room while the team was attending a tournament in Santa Clara, California. Mr. Dorrance began the meeting by discussing Ms. Jennings' grades, which were low enough that she may have been in danger of becoming academically ineligible to play soccer. (Id. at 129-30.) He expressed that she needed to bring her grades up to the team standard, and although he did not say so directly, Ms. Jennings understood from the meeting that if she did not bring her grades up, she was in danger of being dismissed from the team. Mr. Dorrance then inquired into Ms. Jennings' social life, and whether this was affecting her grades. According to Ms. Jennings, Mr. Dorrance asked her, \"Who are you fucking?\" and Ms. Jennings replied that it was \"none of his goddamn business\" what she did off the field. (Id. at 145.) The discussion then moved to Ms. Jennings' physical performance as a player, which Mr. Dorrance also felt was not up to team standards. She left the meeting in tears. (Id. at 143-44.) Ms. Jennings did not complain to Mr. Dorrance or Mr. Palladino about the behavior she claims she found offensive. She does claim to have met with Ms. Ehringhaus, who was Assistant to the Chancellor, twice in the fall of her freshman year. At the first meeting, Ms. Jennings says she told Ms. Ehringhaus about the \"sexual comments that were being made\" at practice. (Id. at 157-59.) They also discussed Ms. Jennings' dismay that Mr. Dorrance had not informed her teammates that she had been to the emergency room (this was her \"first concern\" in the conversation), *671 her discomfort with the drinking that took place at some of the parties at players' houses, and her need to be reimbursed for supplies she had purchased at Mr. Dorrance's direction. (Id. at 153-55.) At the second meeting, Ms. [6] 2/16/25, 11:32 Jennings v HILL, 340 F. Supp. 2d 666 (M.D.N.C. 2004) :: Justia 4/16 Jennings did not mention the sexual comments, but concentrated on the reimbursement issue. (Id. at 161.) In May of 1998, Ms. Jennings attended a scheduled meeting with Mr. Dorrance at which he dismissed her from the team. Ms. Jennings claims that this action surprised her, because she felt that she had improved in her academic, physical, and social performance on the team. (Id. at 207.) She says Mr. Dorrance told her at this meeting that her physical fitness was not up to team standards. (Id. at 206.) She says she does not remember the details of the meeting after Mr. Dorrance told her she was cut. (Id. at 206.) Mr. Dorrance in his affidavit cites Ms. Jennings' failure to contribute physically, academically, and socially to the team as the reason he dismissed her. (Dorrance Aff. at 3.) According to Mr. Dorrance, he evaluated \"reserves\" (team members who do not play for meaningful portions of games) and permitted them to remain on the team on the basis of their contribution to the team's success in at least two of those three areas. (Id. at 2-3.) Ms. Jennings was not a starter and did not play in games very often. (Id. at 2; Jennings Dep. at 149.) After she was dismissed from the team, Ms. Jennings' father, Craig Jennings, called and faxed Ms. Ehringhaus' office several times from May 6 to May 10. He did not mention any sexually inappropriate behavior or harassment. (Ehringhaus Aff. at 2, Ex. A-C.) In a letter to Ms. Ehringhaus dated May 12, Mr. Jennings for the first time complained of Mr. Dorrance making \"inappropriate\" inquiries of players such as \"Who is shacking up with whom?\" (Id. at 3, Ex. E.) The letter did not mention Mr. Palladino. Around that same time, Ms. Ehringhaus received a letter from Ms. Keller's parents complaining of \"serious harassment\" by Mr. Dorrance. (Id. at 4.) Consistent with UNC's Sexual Harassment Policy in place at the time, Ms. Ehringhaus forwarded the complaints to Mr. Baddour. Under the policy, Mr. Dorrance's supervisors, including Mr. Baddour and Ms. Miller, were responsible for reviewing the complaints and Mr. Dorrance's behavior. (Id.) In late May, a meeting took place among Ms. Jennings, Mr. Jennings, Mr. Baddour, Ms. Miller, Mr. Dorrance, and Ms. Ehringhaus. (Id. at 6; Jennings Dep. at 224.) In that meeting, Ms. Jennings' dismissal from the team was discussed, as was Mr. Dorrance's behavior that Ms. Jennings claims to have found offensive. (Jennings Dep. at 224.) Mr. Palladino was not present at the meeting. Incident to the Athletic Department's investigation of the complaints against him, in June 1998 Mr. Dorrance apologized to Ms. Jennings and was directed to refrain in the future from discussing matters of a sexual nature with players. (Baddour Aff. at 2-3; Ehringhaus Aff. Ex. N.) On August 25, 1998, Ms. Jennings and Ms. Keller filed the complaint that initiated this case. 2/16/25, 11:32 Jennings v HILL, 340 F. Supp. 2d 666 (M.D.N.C. 2004) :: Justia 5/16 II. In Plaintiff's Motion to Strike Defendants' Amended Answer and to Enter Default Judgment for Plaintiff, Ms. Jennings asserts that Mr. Dorrance made a statement in his deposition testimony that contradicted Defendants' Amended Answer. In the Amended Answer, Defendants denied Paragraph 19 of Plaintiff's First Amended Complaint which asserted that \"On repeated occasions from 1996 through the present, Dorrance used his position of authority as women's soccer coach to make lewd and degrading comments regarding *672 other team members in the presence of plaintiffs.\" In his deposition, Mr. Dorrance stated that he could not remember the content of all conversations he engaged in with players before practices, and could therefore neither admit nor deny \"whether [he] discussed sexual activity among the team players.\" (Dorrance Dep. at 51 party must have acted in bad faith or willful disobedience of a court order before a court may use its inherent powers to impose sanctions. Roadway Express, Inc. v. Piper, 447 U.S. 752, 766, 100 S. Ct. 2455, 65 L. Ed. 2d 488 (1980); Strag v. Bd. of Trustees, 55 F.3d 943, 955 (4th Cir. 1995). Mr. Dorrance's response in his deposition does not necessitate striking Defendants' Amended Answer. It is not clearly factually inconsistent with the Amended Answer, particularly since it was given in response to a less than clear line of questioning. Furthermore, the response is not the type of behavior that would prompt the Court to use its inherent powers to strike the Amended Answer or to enter default judgment against Defendants for filing false pleadings. There is no evidence of bad faith. Plaintiff's motion to strike and to enter default judgment will therefore be DENIED. III. Plaintiff also moves to strike exhibits through to the affidavit of Mr. Dorrance on the grounds that they are not authenticated and are hearsay, and therefore improper for the Court to consider in ruling on the Defendants' motion for summary judgment. In considering a motion for summary judgment, a court may not consider documents that at trial would constitute inadmissible hearsay. Fed.R.Civ.P. 56(e) (\"[A]ffidavits shall...set forth such facts as would be admissible in evidence.\"); Md. Highways Contractors Ass'n v. Maryland, 933 F.2d 1246, 1251-52 (4th Cir.1991) (\"[H]earsay evidence, which is inadmissible at trial, cannot be considered on a motion for summary judgment court may, however, consider evidence that would fall under a hearsay exception. Federal Rule of Evidence 803(6) states that \"Records of Regularly Conducted Activity\" are an exception to the hearsay rule. Fed.R.Evid. 803(6). Such records are a data compilation of events, 2/16/25, 11:32 Jennings v HILL, 340 F. Supp. 2d 666 (M.D.N.C. 2004) :: Justia 6/16 conditions, or opinions made at or near the time of the events, conditions, or opinions by a person with personal knowledge of them, kept in the course of a regularly conducted activity and recorded as a regular practice. Id. This may be testified to by either the custodian of the information or a qualified witness. Id. The exhibits at issue are as follows. Exhibit is final statistical composite rankings, evaluating the team in fitness, competition, and technical skill at the end of the fall season in 1997. Exhibit is an academic ranking of all players by cumulative grade point average at the end of spring 1998. Exhibit is the results of standard physical tests of the players in spring 1998. Exhibit is the spring 1998 \"final statistical composite power rankings\" (similar to Exhibit C). Exhibit is the instructions for a team self-evaluation conducted in spring 1998. Exhibit is a compilation of the results of the evaluations described in Exhibit G. These six exhibits are properly authenticated; they are attached to a sworn affidavit and are described by the affiant. Cf. Orsi v. Kirkwood, 999 F.2d 86, 91 (4th Cir.1993) (upholding trial court's decision not to admit into evidence unsigned documents introduced the day of trial where \"[n]one of the documents were authenticated through attached affidavits\"). On the issue of hearsay, the exhibits qualify as Records of Regularly Conducted Activity, and would be admissible at trial. See Fed. R.Evid. 803(6). Mr. Dorrance testified in his affidavit that he developed the formats in which the information in these exhibits *673 was recorded in order to evaluate team members' performance and improvement. This testimony reveals that he is qualified to testify about the exhibits, and that the information contained in the exhibits was accurately kept, as it would be of little use to his evaluations if it were not. Ms. Jennings' vague assertion that the exhibits are \"incomplete\" is also unconvincing; Mr. Dorrance's testimony gives a satisfactory explanation of the format of the exhibits. Plaintiffs motion to strike these exhibits will be DENIED. IV. Defendants move for summary judgment on all of the claims that remain from the First Amended Complaint: (A) the Title claim against the University; (B) the \u00a7 1983 claims for damages against Dorrance for invasion of privacy, against Dorrance and Palladino for sexual harassment, and against Ehringhaus, Swofford, Baddour, Miller, and the Hooker estate for failure to supervise Dorrance and Palladino and prevent the alleged violations of Ms. Jennings' rights; and (C) the common law invasion of privacy claim against Dorrance. 2/16/25, 11:32 Jennings v HILL, 340 F. Supp. 2d 666 (M.D.N.C. 2004) :: Justia 7/16 Summary judgment is appropriate when, viewing the facts in the light most favorable to the non-moving party, there is no genuine issue of any material fact. Fed.R.Civ.P. 56(e); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S. Ct. 2548, 91 L. Ed. 2d 265 (1986); Cox v. County of Prince William, 249 F.3d 295, 299 (4th Cir.2001). Material facts are those that support an essential element of the claim. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S. Ct. 2505, 91 L. Ed. 2d 202 (1986). In other words, a fact is material \"when its existence or non-existence could lead a jury to different outcomes.\" Cox, 249 F.3d at 299 genuine issue exists if a reasonable jury could return a verdict for the non-moving party based on the evidence. Id. Judgment as a matter of law is appropriate where the non- moving party has failed to raise a genuine issue of material fact on an element on which that party would bear the burden of proof at trial. Celotex, 477 U.S. at 322-23, 106 S. Ct. 2548. A. Defendants move for summary judgment on Ms. Jennings' Title claim against the University. Title states in relevant 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.\" 20 U.S.C. \u00a7 1681(a) (2004). Courts have looked to case law for Title of the Civil Rights Act of 1964 which addresses sexual discrimination in the workplace, see 42 U.S.C. \u00a7 2000e-2(a) (1) (2004), to establish what constitutes discrimination based on sex under Title IX. See Davis v. Monroe County Bd. of Educ., 526 U.S. 629, 649-51, 119 S. Ct. 1661, 143 L. Ed. 2d 839 (1999) (Title case relying on Title decisions to establish that \"sexual harassment can constitute discrimination on the basis of sex under Title IX\"); Gebser v. Logo Vista Ind. Sch. Dist, 524 U.S. 274, 281-83, 118 S. Ct. 1989, 141 L. Ed. 2d 277 (1998) (same); Franklin v. Gwinnett County Pub. Schools, 503 U.S. 60, 75, 112 S. Ct. 1028, 117 L. Ed. 2d 208 (1992) (Title case relying on Title case Meritor Sav. Bank v. Vinson, 477 U.S. 57, 64, 106 S. Ct. 2399, 91 L. Ed. 2d 49 (1986), to establish that a male teacher's sexual harassment of a female student is discrimination on the basis of sex). Sexual harassment as recognized by Title precedent is therefore considered a form of discrimination for Title purposes. See, e.g., Davis, 526 U.S. at 649-51, 119 S. Ct. 1661. This includes so-called \"hostile environment\" sexual harassment, which is alleged in this case. See Mentor, 477 U.S. at 66, 106 *674 S.Ct. 2399 (recognizing hostile environment sexual harassment as actionable under Title VII); Davis, 526 U.S. at 651, 119 S. Ct. 1661 (citing Meritor with approval). 2/16/25, 11:32 Jennings v HILL, 340 F. Supp. 2d 666 (M.D.N.C. 2004) :: Justia 8/16 In order to be actionable under Title IX, the sexual harassment must be \"so severe, pervasive, and objectively offensive that it can be said to deprive the victims of access to the educational opportunities or benefits provided by the school.\" Davis, 526 U.S. at 650, 119 S. Ct. 1661. \"[T]he objective severity of the harassment should be judged from the perspective of a reasonable person in the plaintiff's position, considering `all the circumstances.'\" Oncale v. Sundowner Offshore Services, 523 U.S. 75, 81, 118 S. Ct. 998, 140 L. Ed. 2d 201 (1998) (quoting Harris v. Forklift Sys., 510 U.S. 17, 23, 114 S. Ct. 367, 126 L. Ed. 2d 295 (1993)). Such an inquiry requires \"careful consideration of the social context\" in which the alleged discrimination occurred. Id. The impact of the behavior in its social context in turn depends upon a \"constellation of surrounding circumstances, expectations, and relationships which are not fully captured by a simple recitation of the words used\" by the alleged harasser. Id. at 81-82, 118 S. Ct. 998. Possible components of this constellation are \"the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it interferes with an employee's work performance,\" Harris, 510 U.S. at 23, 114 S. Ct. 367; as well as the ages of the harasser and the victim and the number of individuals involved, Davis, 526 U.S. at 651, 119 S. Ct. 1661 (looking to Department of Education, Office of Civil Rights, Sexual Harassment Guidance, 62 Fed.Reg. 12034, 12041-42 (1997)). \"These standards for judging hostility are sufficiently demanding to ensure that Title [and by extension, Title IX] does not become a general civility code.... Properly applied, they will filter out complaints attacking the ordinary tribulations of the workplace, such as sporadic use of abusive language, gender-related jokes, and occasional teasing.\" Faragher, 524 U.S. at 788, 118 S. Ct. 2275 (internal quotations and citations omitted). In analyzing sexual harassment claims, courts should employ \"[c]ommon sense, and an appropriate sensitivity to social context.\" Oncale, 523 U.S. at 82, 118 S. Ct. 998. Finally, in addition to showing severe, pervasive, and objectively offensive sexual harassment, a Title plaintiff seeking monetary damages in a private action must show that the funding recipient or an official with the power to address the discrimination on behalf of the recipient had actual knowledge of the discrimination and acted with deliberate indifference. Davis, 526 U.S. at 650, 119 S. Ct. 1661. The deliberate indifference must effectively cause the discrimination. Id. at 642-43, 119 S. Ct. 1661. *675 There is no genuine issue of any material fact on any of the elements of Ms. Jennings' Title claim. While inappropriate in some respects and quite possibly offensive to her, the conduct that she alleges occurred was not \"severe, pervasive and objectively offensive\" to the point of depriving her of educational opportunities. The comments Ms. Jennings claims to have found offensive occurred less than weekly. When comments were made, they were [7] [8] [ ] 2/16/25, 11:32 Jennings v HILL, 340 F. Supp. 2d 666 (M.D.N.C. 2004) :: Justia 9/16 not severe, especially when the social context is considered. The players were teasing and joking amongst themselves on these occasions. Mr. Dorrance did not initiate these discussions or steer the players' conversation in the direction of sex. The comments were only \"mere utterances,\" and were not physically threatening. There is no evidence, beyond Ms. Jennings' own vague assertion, that the atmosphere at practice interfered with her performance on the field or in the classroom. In fact, in contradiction to that claim, Ms. Jennings stated that before each of her meetings with Mr. Dorrance, she believed that her academic and physical performances had improved. (Jennings Dep. at 125-26, 207.) As for the inquiries Mr. Dorrance allegedly made directly to Ms. Jennings, one of these occurred in a group setting and was only mildly related to any sort of sexual topic. In the setting of an athletic practice where players are discussing their social activities, a coach inquiring about a player's weekend, or about whether a certain person is her boyfriend, is not harassment. Even if the inquiry about her weekend was made in the context of other players discussing their sexual activities, Ms. Jennings admits that the \"What about Trim'n?\" inquiry was \"totally different\" than when Mr. Dorrance was talking about \"guys coming out of the windows.\" (Jennings Dep. at 67.) The conversation Ms. Jennings alleges took place in Mr. Dorrance's hotel room does not elevate the cumulative effect of the other comments to the level of severe and pervasive harassment. The question, \"Who are you fucking?\" is admittedly harsh. However, it is only one question, and it was asked immediately after his discussion of her low grades. When she rebuffed the question, Mr. Dorrance did not make any further inquiry or discuss any sexual matters. Indeed, this is the only time Ms. Jennings alleges that he alluded to sex in relation to her. Nor was the comment physically threatening; it was at most a \"mere offensive utterance.\" While there is a large disparity in ages between Mr. Dorrance and Ms. Jennings, the social context also incorporates the fact that he was her coach and had an interest in her academic performance and the factors affecting it, especially insofar as her academics impacted her eligibility to play. Finally, Mr. Palladino made fewer comments and did so even less frequently than Mr. Dorrance. The same analysis applies to his conduct as applies to Mr. Dorrance's. Thus, considering the \"constellation of circumstances,\" the behavior at issue does not constitute severe, pervasive, and objectively offensive sexual harassment that deprived Ms. Jennings of her educational opportunities. The defendants are entitled to summary judgment on this claim. [9] 2/16/25, 11:32 Jennings v HILL, 340 F. Supp. 2d 666 (M.D.N.C. 2004) :: Justia 10/16 B. Ms. Jennings makes several claims for damages under 42 U.S.C. \u00a7 1983, *676 which states: \"Every person who, under color of any statute... subjects, or causes to be subjected, any citizen of the United States... to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured....\" 42 U.S.C. \u00a71983 (2004). All claims are against Defendants in their individual capacities. To establish \u00a7 1983 individual liability, a plaintiff must affirmatively show that the defendant personally acted to deprive her of her rights. Wright v. Collins, 766 F.2d 841, 850 (4th Cir.1985). The individual defendant must have had \"personal knowledge of and involvement in the alleged deprivation of [plaintiffs] rights in order to be liable.\" Id. 1. Ms. Jennings alleges that Mr. Dorrance violated her constitutional right to privacy. There are two generally recognized privacy interests: the \"interest in independence in making certain kinds of important decisions\" and the \"interest in avoiding disclosure of personal matters.\" Whalen v. Roe, 429 U.S. 589, 599-600, 97 S. Ct. 869, 51 L. Ed. 2d 64 (1977). The former interest has most often been implicated by laws that affect an individual's decisions regarding marriage, procreation and contraception, family relationships, and the rearing and education of children. Id. at 600 n. 26, 97 S. Ct. 869; Paul v. Davis, 424 U.S. 693, 713, 96 S. Ct. 1155, 47 L. Ed. 2d 405 (1976). The latter interest, the right to \"informational privacy,\" Greenville, 317 F.3d at 359, may be implicated when an individual is forced to disclose information regarding, for instance, sexual matters or his body and health. See Whalen, 429 U.S. at 602, 97 S. Ct. 869 (medical information); Eastwood v. Dep't of Corr. of Okla., 846 F.2d 627, 631 (10th Cir.1988) (sexual history); United States v. Westinghouse Elec. Corp., 638 F.2d 570, 578 (3d Cir.1980) (medical information); see also Jennings v. UNC, 240 F. Supp. 2d 492, 505 (M.D.N.C.2002). Cases on this subject often deal with the questioning of employees or potential employees by employers, see, e.g., Walls v. City of Petersburg, 895 F.2d 188, 193-94 (4th Cir.1990) (employee questionnaire inquiring into homosexual relationships, marital status, children, arrest of family members, and financial information), or with statutes requiring disclosure of personal, medical information, see, e.g., Whalen, 429 U.S. at 602, 97 S. Ct. 869 (database of recipients of prescriptions for controlled substances); Greenville Women's Clinic v. Comm'r, S.C. Dep't of Health and Envtl. Control, 317 F.3d 357, 370 (4th Cir.2002) (reporting requirements for abortion clinics). 2/16/25, 11:32 Jennings v HILL, 340 F. Supp. 2d 666 (M.D.N.C. 2004) :: Justia 11/16 Ms. Jennings' circumstances are clearly distinguishable from precedent in both the independent decision-making and informational privacy lines of cases. She asserts that Mr. Dorrance's two isolated inquiries into her dating relationships violated both her right to make decisions about procreation and her right to avoid disclosure of personal information. However, there is no evidence that Ms. Jennings' ability to make decisions about procreation was in any way substantively impeded by Mr. Dorrance's inquiries. As for the right to informational privacy, Ms. Jennings' situation is clearly distinguishable from that of the employees in cases such as Walls, 895 F.2d at 190, where plaintiff was dismissed for her failure to respond to an employee questionnaire, or Eastwood, 846 F.2d at 631, where plaintiff was threatened with dismissal and \"forced to answer\" questions about her sexual history. In Ms. Jennings' case, disclosure of personal information was not required, nor was she forced to answer questions about her sexual activities. In fact, she never disclosed any personal information. Neither did her failure to *677 disclose such information result in her dismissal from the team. She was not dismissed until over a year after her refusal to answer Mr. Dorrance's inquiry into her sexual activity. Ms. Jennings has raised no genuine issues of material fact that could lead a reasonable jury to conclude that Mr. Dorrance violated her right to privacy. Mr. Dorrance is therefore entitled to judgment as a matter of law on this claim. 2. Ms. Jennings also claims that Mr. Dorrance and Mr. Palladino violated her constitutional rights by sexually harassing her. An individual has a constitutional right to be free from gender discrimination that does not serve an important governmental objective and is not substantially related to achieving that objective. Davis v. Passman, 442 U.S. 228, 234-35, 99 S. Ct. 2264, 60 L. Ed. 2d 846 (1979). Applying this concept, courts have held that intentional sexual harassment violates the Fourteenth Amendment and is actionable under \u00a7 1983. Beardsley v. Webb, 30 F.3d 524, 529 (4th Cir.1994). As with Title IX, the standards of Title have been applied by courts in \u00a7 1983 sexual harassment cases. Id. Title precedent recognizes that hostile environment sexual harassment is a form of sexual discrimination. Meritor Sav. Bank v. Vinson, 477 U.S. 57, 64, 66, 106 S. Ct. 2399, 91 L. Ed. 2d 49 (1986). By combining Title and \u00a7 1983 standards, it is concluded that in order for an individual to prove hostile environment sexual harassment in violation of \u00a7 1983, she must show that she was subjected to conduct that was (1) unwelcome, (2) based on her sex, (3) sufficiently severe or pervasive to create an abusive environment, (4) performed under color of state law, and that (5) deprived her of her rights, privileges, or immunities [10] 2/16/25, 11:32 Jennings v HILL, 340 F. Supp. 2d 666 (M.D.N.C. 2004) :: Justia 12/16 secured by the Constitution or Federal law. Jennings, 240 F. Supp. 2d at 505-06. Because the crux of this standard, the severity and pervasiveness of the conduct, is also a part of the analysis for a Title claim, the discussion and conclusion in that section of this Opinion apply equally well here. For the same reasons stated above, the defendants are entitled to summary judgment on Ms. Jennings' claims of sexual harassment under \u00a7 1983. 3. In certain situations, supervisory officials may be held liable for the constitutional injuries inflicted by their subordinates. Shaw v. Stroud, 13 F.3d 791, 798 (4th Cir.1994). There are three elements in establishing such liability: (1) \"that the supervisor had actual or constructive knowledge that his subordinate was engaged in conduct that posed `a pervasive and unreasonable risk' of constitutional injury to citizens like the plaintiff; (2) \"that the supervisor's response to that knowledge was so inadequate as to show `deliberate indifference to or tacit authorization of the alleged offensive practices'\"; and (3) \"that there was an `affirmative causal link' between the supervisor's inaction and the particular constitutional injury suffered by the plaintiff.\" Id. at 799. Defendants Hooker, Ehringhaus, Swofford, Baddour, and Miller are entitled to summary judgment on this claim. As established above, a reasonable jury could not find that Dorrance or Palladino engaged in behavior that violated Ms. Jennings' *678 constitutional rights. Because their behavior did not pose an unreasonable risk of constitutional injury, it is unnecessary to reach the question of whether these other defendants had knowledge of their behavior. Summary judgment is therefore appropriate on Ms. Jennings' supervisory liability claims under \u00a7 1983. C. Defendants also move for summary judgment on Ms. Jennings' state law claim against Mr. Dorrance for common law invasion of privacy. The state of North Carolina recognizes two types of invasion of privacy actions: (1) appropriation of plaintiffs name or likeness for defendant's advantage, and (2) \"intrusion into the seclusion, solitude, or private affairs of another ('intrusion tort').\" Miller v. Brooks, 123 N.C.App. 20, 472 S.E.2d 350, 353 (1996). See also Broughton v. McClatchy Newspapers, Inc., 161 N.C.App. 20, 588 S.E.2d 20, 27 2/16/25, 11:32 Jennings v HILL, 340 F. Supp. 2d 666 (M.D.N.C. 2004) :: Justia 13/16 (2003). Plaintiffs complaint and briefs do not specify, but her claim is assumed to be the latter. \"Generally, there must be a physical or sensory intrusion or an unauthorized prying into confidential personal records to support a claim for invasion of privacy by intrusion.\" Id. at 29, 588 S.E.2d 20 defendant's conduct must be \"so egregious as to be `highly offensive to a reasonable person.'\" Id. (quoting Smith v. Jack Eckerd Corp., 101 N.C.App. 566, 400 S.E.2d 99, 100 (1991)). It is not enough that plaintiff was offended by the conduct. Jack Eckerd Corp., 400 S.E.2d at 100. Behavior found by North Carolina courts sufficient to support a claim of intrusion includes physically invading another's home, installing a hidden camera in another's bedroom, rifling through and disposing of an individual's mail, Miller, 472 S.E.2d at 354, and viewing and disseminating personal information in an individual's state personnel file without authorization, Toomer v. Garrett, 155 N.C.App. 462, 574 S.E.2d 76, 90 (2002). In this case, there were two direct inquiries into Ms. Jennings' personal life. Even if one was made crudely, this does not rise to the level of egregious conduct required by North Carolina courts. Ms. Jennings may have been offended, but she declined to answer the questions and that was the end of it. There was no physical or sensory intrusion into her home or personal records analogous to those recognized by North Carolina courts as tortious. Mr. Dorrance is therefore entitled to summary judgment on this claim. D. In summary, Defendants' motion for summary judgment on the Title claim, the \u00a7 1983 claims, and the state law claim against Dorrance will be GRANTED. V. In conclusion, Plaintiff's Motion to Strike Amended Answer by Defendants and for Default Judgment [Doc. # 137] and Plaintiff's Motion to Strike Exhibits through to the Affidavit of Anson Dorrance [Doc. # 142] will be DENIED. Defendants' Motion for Summary Judgment [Doc. # 115] will be GRANTED. 2/16/25, 11:32 Jennings v HILL, 340 F. Supp. 2d 666 (M.D.N.C. 2004) :: Justia 14/16 For the reasons set forth in a contemporaneously filed Memorandum Opinion, Defendants' Motion to Submit Evidence Under Seal the Affidavit of David C. Lanier, and Depositions of Melissa Jennings, Craig Jennings, Martha Jennings, Debbie Keller, Ronald Keller, and Judith Keller [Doc. # 117] is [1] Because the majority of this Opinion is devoted to Defendants' summary judgment motion, the facts are set out here according to that standard. [2] Former Plaintiff Deborah Keller Hill is no longer a party to this action. [3] Chancellor Hooker is now deceased. The claims are against his estate. [4] Mr. Baddour became Director of Athletics on July 1, 1997. [5] Ms. Jennings does not provide a clear estimate of how often Mr. Dorrance came over to the players during warm-ups. According to Ms. Keller's deposition testimony, he would come over to them about once or twice a week, but did not always make comments. When he did make comments, they did not always deal with the social or sexual activities of the players. (Keller Dep. 127, 132.) [6] \"Trim'n\" was Melissa Jennings' nickname among the players and coaches. It was an adaptation of her custom license plate, and was not related to sex. (Id. at 61-62.) [7] It is unclear whether subjective offensiveness, which is a requirement in Title cases, see Faragher v. City of Boca Raton, 524 U.S. 775, 787, 118 S. Ct. 2275, 141 L. Ed. 2d 662 (1998), is also a requirement in Title cases. Although Davis cites Title precedent, the standard developed there refers only to objective, and not subjective, offensiveness. Davis, 526 U.S. at 633, 119 S. Ct. 1661. The decision in this case does not depend on whether Ms. Jennings subjectively found the behavior offensive, because the facts she has alleged do not support a finding even of objective offensiveness. Therefore, the issue need not be resolved in this Opinion. [8] In Cannon v. University of Chicago, 441 U.S. 677, 689, 99 S. Ct. 1946, 60 L. Ed. 2d 560 (1979), the Supreme Court recognized an implied right of action under Title IX. In Franklin, 503 U.S. at 76, 112 S. Ct. 1028, the Court confirmed that monetary damages are an available remedy in such an action. 2/16/25, 11:32 Jennings v HILL, 340 F. Supp. 2d 666 (M.D.N.C. 2004) :: Justia 15/16 [9] The number of individuals involved is also a part of the social context. Ms. Jennings alleges that several players were the focus of Mr. Dorrance's comments. However, these players were presumably all present together when the comments were allegedly made, and they had initiated the conversations. [10] The \"unwelcome\" requirement parallels the Title requirement of subjective offensiveness. As discussed in note 7 above, the issue of subjective offensiveness need not be reached here. 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. 2/16/25, 11:32 Jennings v HILL, 340 F. Supp. 2d 666 (M.D.N.C. 2004) :: Justia 16/16"} |
9,035 | Bryan Roberts | Ithaca College | [
"9035_101.pdf",
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"9035_103.pdf",
"9035_104.pdf",
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] | {"9035_101.pdf": "The Ithacan \u2022 January 19, 2024 \u2022 harassment-title-ix-lawsuit-against-ic-and-former-park-school-associate-dean/ Ithaca College student files sexual abuse, harassment, Title lawsuit against and former Park School associate dean By Syd Pierre and Prakriti Panwar An Ithaca College student filed a civil lawsuit against the college and a former associate dean of the Roy H. Park School of Communications in November 2023. The student alleged that he was sexually abused and harassed by four then-employees of the college, including the former associate dean. The student asked the court to be identified as John Doe for purposes of the case and, as of publication, both defendants have agreed to the request and the court has not yet ruled on the motion. Doe filed the lawsuit to the Supreme Court of the State of New York Tompkins County under the Adult Survivors Act and Title IX. According to the lawsuit, the student was \u201cin an unwelcome, unsafe, threatening, and/or nonconsensual sexual relationship\u201d from Fall 2021 to Spring 2023 with Bryan Roberts, former associate dean of the Park School of Communications. Erin Peake, Doe\u2019s lawyer, declined to comment about the lawsuit, citing protection of anonymity for Doe have spoken with my attorneys and we have filed a motion to have the complaint completely dismissed\u2013 a large part of the case already has been,\u201d Roberts said via email in a comment to The Ithacan. Roberts\u2019 lawyer, Peter Glennon, could not be reached after multiple attempts to contact him for comment about the lawsuit or about Roberts\u2019 comment. As of Jan. 19, 3:20 p.m., there have been no motions filed to dismiss the case, according to court records. The complaint alleges that \u201cDefendants had both actual and constructive notice of the abuse, which took place in their school, in that amongst other things, Bryan Roberts was publicly using Grindr to connect with Ithaca College students as young as 19-years-old, on campus and his sexual abuse of students was common knowledge amongst students, staff and other leadership at Ithaca College. Nonetheless, Defendants did nothing to intervene and stop and/or prevent the assault and abuse.\u201d According to the case, Roberts reached out to Doe on Grindr in December 2021. \u201cIn approximately December 2021, Dean Roberts reached out to the plaintiff on Grindr,\u201d the complaint states. \u201cGrindr is a location-based dating app, in which users set preferences by both distance and age. Doe would only have been visible to Roberts on Grindr if Roberts had intentionally set his online dating preferences to include 19-year-olds on or near the Ithaca College campus.\u201d File Photo / The Ithacan The lawsuit was filed against Ithaca College and Bryan Roberts, former associate dean of the Roy Park School of Communications. The complaint alleges that Roberts and Doe had nonconsensual sexual encounters roughly seven to nine times from Fall 2021 to early Spring 2023. Emily Rockett \u2014 vice president, general counsel and secretary to the board of trustees at the college \u2014 said via email that the college will publicly comment on the lawsuit later via court. The Defendants have until Jan. 22 to respond to the complaints. \u201cThe College generally does not comment on pending litigation matters, nor confidential personnel matters,\u201d Rockett said via email. \u201cWe believe that the appropriate place to respond to the allegations made in this complaint is through the court system, and the College will do so at the appropriate time.\u201d Rockett said the college\u2019s Title office and Office of Human Resources investigate reports of sexual harassment and violations of the college\u2019s intimate relationship policy. \u201cReports of any suspected misconduct can be made directly to the Title Office, to the Office of Human Resources, or the Office of Public Safety,\u201d Rockett said via email. \u201cThose reports can be made in person, electronically, or through the College\u2019s Bias Impact Reporting process.\u201d Rockett said the college\u2019s Sexual Harassment and Assault Response & Education website provides information on sexual violence awareness. In the case, Doe claims to have reported to both Jack Bryant, associate professor and degree program director of Media Arts, Sciences and Studies, and Andrew Lamendola, administrative coordinator of the Center for Career Exploration and Development, that he \u201cwas in an unwelcome, unsafe, threatening, and/or nonconsensual sexual relationship\u201d with Roberts. According to the complaint, Bryant connected with Doe on Grindr in January 2022. \u201cAt the beginning of the Spring semester, in January 2022, Jack Bryant, Associate Professor and Degree Program Director of Writing for Film, TV, and Emerging Media, connected with Plaintiff on Grindr,\u201d the case states. According to the case, Doe reported his nonconsensual sexual relationship with Roberts to Bryant during this conversation. The complaint states that \u201cBryant did not report this allegation to Ithaca College, nor did he ask [Doe] if he needed help; rather, he ignored and dismissed [Doe\u2019s] complaints.\u201d Bryant declined to comment. The complaint alleges that in Spring 2023, Doe also reported the same concerns about the relationship with Roberts to Lamendola. \u201cIn Spring 2023, Plaintiff again reported his experiences to an Ithaca College staff member, this time he reported to Andrew Lamendola, Administrative Coordinator of the Center for Career Exploration and Development that he was in an unwelcome, unsafe, threatening, and/or nonconsensual sexual relationship with Dean Bryan Roberts,\u201d the case states. Lamendola declined to comment. The student alleges in the case that he also experienced \u201charmful, unwanted, unwelcome, nonconsensual and/or hostile sexual advances\u201d by Marc Greene, former director of senior student teacher placements in the Department of Music Education, in Fall 2022; Casey Stebbins, former lead cashier of dining services, in Fall 2022; and Ron Trunzo, former associate director for residential life and student conduct and community standards, in Spring 2023. Despite multiple attempts, Trunzo, Greene and Stebbins could not be reached for comment. The complaint alleges that in May 2023, the college\u2019s Title office received a complaint from another student that made the office aware of Doe\u2019s nonconsensual relationship with Roberts. According to the complaint, Doe decided to officially report Roberts and an investigation commenced during summer 2023. The complaint alleges that following the Title investigation, Roberts was found in violation of the college\u2019s policy on sexual harassment (Policy 2.6) and its policy on intimate relationships (Policy 2.46), which states that \u201cGiven the inherent inequity that exists in the relationships between employees and students, as well as the potential for the appearance of exploitation and/or favoritism, no employee shall have an intimate relationship with a student. In addition, no employee shall engage in any action objectively intended to solicit an intimate relationship with a student.\u201d Roberts left the college in August 2023 and is listed as a visiting faculty member and director of the Championship Labs at the University of Connecticut. According to the complaint, he was a resident of the City of Ithaca at the time of the case and is currently a resident of the state of Connecticut. The lawsuit also alleges that Stebbins, Greene, Bryant and Trunzo were subject to human resources investigations. Rockett declined to comment about allegations involving human resource investigations. The complaint alleges that in August 2023, Stebbins was found in violation of both Policy 2.6 and Policy 2.46, but the college did not terminate Stebbins. Stebbins is currently not listed in the college\u2019s staff and faculty directory. In the college\u2019s Jan. 22 motion that they filed to dismiss claims in the complaint, they state that Stebbins is still employed at the college. According to the case, in October 2023, Greene was terminated from his position for violating Policy 2.46 and Trunzo resigned from his position in November 2023 after being found in violation of Policy 2.46. Doe filed a Summons and Complaint in the Supreme Court of the State of New York, Tompkins County in November 2023. On Dec. 18, 2023, Defendants removed the case from state court to the United States District Court for the Northern District of New York. According to the Notice of Removal document, the case \u201cinvolves questions arising under the Constitution, laws, or treaties of the United States,\u201d including the claims that the college violated Title IX. The Initial Conference is set for Jan. 31.", "9035_102.pdf": "Home \u00bb News \u00bb Story 1 ITHACA, N.Y. (WHCU) \u2014 An administrator at Ithaca College is named in a criminal complaint over allegations of sexual assault by an unnamed student. In November, former Park School of Communications associate dean Bryan Roberts was named in the complaint claiming he made unwanted sexual advances against the student, who joined the school in 2021. On Monday, Ithaca College President Terry La Jerne Cornish sent a letter to the campus acknowledging the complaint while also reminding students of resources about sexual violence awareness and prevention. Roberts left last summer for a job at the University of Connecticut \u00a9 2024 \u00a9 2024 Former administrator named in sex abuse complaint Share Tweet Share Privacy - Terms Listen Live 2/16/25, 11:33 Former administrator named in sex abuse complaint | Z95.5 1/2 3 Rocky trial brings clashing closing arguments over gun as Rihanna brings tiny sons to court With Rihanna and two toddlers looking on from the audience, a prosecutor at the trial of Rocky told jurors during his closing argument Thursday that they have \"one critical question\" to answer. 3 \u2018Saturday Night Live\u2019 plans a massive 50th anniversary special. Who\u2019s coming and how to watch Airing Sunday and spanning three hours, the, yes, live \"SNL50: The Anniversary Celebration\" will assemble a dream team of stars who have helped the show become an enduring pop culture force. 4 Mariah Carey, Chubby Checker, Cyndi Lauper, OutKast and Phish get Rock Hall nominations Mariah Carey, Chubby Checker, Cyndi Lauper, OutKast and Phish are some the 2025 nominees for induction into the Rock & Roll Hall of Fame, a list that also includes two sets of musical brothers who have had public feuds and recent reunions \u2014 the Black Crowes and Oasis. Z95.5 Copyright 2025 Saga Communications, Inc. All rights reserved Report Public File Applications For assistance accessing public files, contact pfhelp@cayugamediagroup.com Privacy Policy | Terms of Use | Contests & Rules | Some images copyright AP, Clipart.com Non-Discriminatory Advertising Letter | Advisory Public Notice - Non-Discriminatory Ad Contracts Listen Live 2/16/25, 11:33 Former administrator named in sex abuse complaint | Z95.5 2/2", "9035_103.pdf": "Home \u00bb News \u00bb Story 1 ITHACA, N.Y. (WHCU) \u2014 Ithaca College and a former dean want a lawsuit filed by a student dismissed, but that student is blocking their efforts. The Ithacan reports the student, who\u2019s listed as John Doe in court papers, filed the suit in November. He says he was the victim of sexual harassment by Bryan Roberts, former associate dean in the Park School of Communications. In January and Roberts filed motions to dismiss the case, but the student filed a memorandum of law Monday to deny the request. Both the school and Roberts have until Tuesday to respond \u00a9 2024 \u00a9 2024 Student suing IC, former dean seeks to block dismissal efforts Share Tweet Share Privacy - Terms Listen Live 2/16/25, 11:33 Student suing IC, former dean seeks to block dismissal efforts QCountry 103.7 1/2 QCountry 103.7 Copyright 2025 Saga Communications, Inc. All rights reserved Report Public File Applications For assistance accessing public files, contact pfhelp@cayugamediagroup.com Privacy Policy | Terms of Use | Contests & Rules | Some images copyright AP, Clipart.com Non-Discriminatory Advertising Letter | Advisory Public Notice - Non-Discriminatory Ad Contracts Listen Live 2/16/25, 11:33 Student suing IC, former dean seeks to block dismissal efforts QCountry 103.7 2/2", "9035_104.pdf": "Home \ue803News \ue803Sexual abuse harassment allegations filed against UConn faculty News Sexual abuse harassment allegations filed against UConn faculty By Hallie LeTendre February 15, 2024 \ue83b1 \ue8051519 UConn students can schedule appointments with Dean of Students staff in-person or online. Photo courtesy of the UConn Dean of Students Office sexual abuse and harassment lawsuit has been filed against the director of the University of Connecticut\u2019s Championship Labs program. Bryan Roberts previously worked as an associate dean at the Roy H. Park School of Communications at Ithaca College. An Ithaca student filed the Title lawsuit this past November against both Ithaca College and the former associate dean, an Ithacan article stated. UConn has not released a statement or publicly acknowledged the allegations against the defendant. Roberts himself has not publicly spoken to UConn sources about the matter. 2/16/25, 11:33 Sexual abuse harassment allegations filed against UConn faculty | The Daily Campus 1/2 The Ithaca student, who chose to not be named, filed the lawsuit on the grounds that they were involved \u201cin an unwelcome, unsafe, threatening and/or nonconsensual sexual relationship.\u201d The student stated that this relationship lasted for roughly two years from the fall of 2021 until the spring of 2023 and involved just under 10 nonconsensual sexual encounters. The complaint also states that along with knowledge of sexual abuse, Roberts used Grindr, a popular LGBTQ+ dating app, to virtually meet other Ithaca students. The case states that in December 2021, Roberts met the student on Grindr. Additionally, the lawsuit claims that Roberts\u2019 history of sexual abuse was known amongst other students, staff and faculty at Ithaca College. Roberts told the Ithacan have spoken with my attorneys, and we have filed a motion to have the complaint completely dismissed large part of the case already has been.\u201d However, the Ithacan reported that since Jan. 19 there has been no action taken or filed to dismiss the case based on court records. \u201cUConn doesn\u2019t comment on personnel matters,\u201d UConn Spokesperson Stephanie Reitz said. Earlier this week, Ithaca College\u2019s Intercom resource published a letter to the community regarding the lawsuit and the college\u2019s actions in response to the allegations, along with student resources. \u201cAs you may be aware, Ithaca College has been included in a lawsuit recently filed by a student claiming violations of Title and other statutes by the college and other individuals. We first want to acknowledge the impact these allegations may have on members of our community and remind you of resources that are available to you,\u201d the letter said. Along with being the director of Championship Labs, Roberts currently teaches in UConn\u2019s communications department. Roberts obtained his position at UConn five months ago, according to his LinkedIn page. \u201cStudents who have questions about any areas of their academic or on-campus experience are encouraged to contact the Dean of Students Office, which can work with them on those issues or direct them to other areas of the University for assistance,\u201d Reitz said. 2/16/25, 11:33 Sexual abuse harassment allegations filed against UConn faculty | The Daily Campus 2/2", "9035_105.pdf": "From Casetext: Smarter Legal Research Doe v. Ithaca Coll. United States District Court, N.D. New York Sep 10, 2024 3:23-cv-1600 (GTS/ML) (N.D.N.Y. Sep. 10, 2024) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free 3:23-cv-1600 (GTS/ML) 09-10-2024 DOE, Plaintiff, v COLLEGE; and ROBERTS, Defendants PEAKE, ESQ. Counsel for Plaintiff S. D'ANTONIO, ESQ. Counsel for Defendant Ithaca College J. GLENNON, ESQ. Counsel for Defendant Bryan Roberts Sign In Search all cases and statutes... Opinion Case details 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 1/42 PEAKE, ESQ. Counsel for Plaintiff S. D'ANTONIO, ESQ. Counsel for Defendant Ithaca College J. GLENNON, ESQ. Counsel for Defendant Bryan Roberts Currently before the Court, in this Title action filed by John Doe (\u201cPlaintiff\u201d) against Ithaca College and Bryan Roberts (\u201cDefendants\u201d), are the following two motions: (1) Defendant Roberts' motion to dismiss the claims against him for failure to state a claim pursuant to Fed.R.Civ.P. 12(b) (6); and (2) Defendant Ithaca College's partial motion to dismiss some of the claims against it for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). (Dkt. Nos. 17, 18.) *2 For the reasons set forth below, Defendant Roberts' motion is granted in part and denied in part, and Defendant Ithaca College's motion is granted. 2 A. Plaintiff's Complaint Generally, in his Complaint, Plaintiff asserts five claims: (1) a claim of negligence against both Defendants premised on a failure to protect him from harm, abuse, assault, and sexual, physical and emotion abuse committed by Defendant Roberts and other faculty and staff of Defendant Ithaca College; (2) a claim that Defendant Ithaca College violated Title of the Education Amendments of 1972 by being deliberately indifferent to evidence and reports of sexual assault and harassment of students by its faculty and staff; (3) a claim that both Defendants acted negligently in the hiring, retention, training, direction, and supervision of employees; (4) a claim of negligent infliction of emotion distress (\u201cNIED\u201d) against both 1 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 2/42 Defendants; and (5) a claim of intentional infliction of emotional distress (\u201cIIED\u201d) against both Defendants. (See generally Dkt. No. 1.) 1 Although Plaintiff's Complaint does not state whether this claim is asserted against both Defendants, the allegations that make up this claim address only actions by Defendant Ithaca College. Further, as Defendant Roberts correctly argues in his motion, such a claim would not be properly asserted against him as an individual. (Dkt. No. 17, at 13-14.) The Court therefore construes the Complaint as having asserted this claim against only Defendant Ithaca College. B. Parties' Briefing on Defendants' Motions to Dismiss 1. Defendant Roberts' Motion to Dismiss a. Defendant Roberts' Memorandum of Law Generally, in his motion to dismiss, Defendant Roberts makes six arguments. (Dkt. No. 17, Attach. 1.) First, Defendant Roberts argues that Plaintiff has not sufficiently pled that he owed a duty to Plaintiff that would support a negligence claim, because colleges and universities *3 do not have a general legal duty to protect students, and Plaintiff has failed to plead any specific duty that Defendant Roberts owed him. (Id. at 9-10.) 3 Second, Defendant Roberts argues that Plaintiff has not sufficiently pled a claim of negligence against him under a theory of vicarious liability or the superior officer doctrine, because he has not pled facts alleging that Defendant Roberts is an employer or a superior officer of Defendant Ithaca College, and has especially failed to include any allegation regarding Defendant Roberts' level of responsibility or job duties. (Id. at 10-12.) Third, Defendant Roberts argues that Plaintiff has failed to state a claim against him for negligent hiring, retention, training, supervision, or direction, because Plaintiff has failed to allege facts plausibly suggesting that Defendant Roberts was an employer or that he supervised or exercised any control over the other individuals alleged in the Complaint to have engaged in inappropriate conduct with Plaintiff. (Id. at 12-13.) Fourth, Defendant Roberts argues that Plaintiff cannot assert a Title claim against him as an individual. (Id. at 13-14.) 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 3/42 Fifth, Defendant Roberts argues that Plaintiff has failed to state claims for and IIED, because (a) he has not pled allegations relating to conduct of the type that courts have found to be extreme or outrageous, and (b) he has not pled allegations suggesting that he had an unreasonable endangerment of or fear for his physical safety as a result of the alleged conduct. (Id. at 14-17.) Sixth, Defendant Roberts argues, in the alternative, that Plaintiff's claims for and must be dismissed, because they are duplicative of his other negligence claims in that the same set of allegations is the basis of all those claims. (Id. at 17-18.) *4 4 b. Plaintiff's Opposition Memorandum of Law Generally, in opposition to Defendant Roberts' motion, Plaintiff makes six arguments. (Dkt. No. 27, Attach. 1.) First, Plaintiff argues that he has sufficiently pled a duty of care to state a claim of negligence, because Defendant Roberts, as Associate Dean, had control over many aspects of Plaintiff's life at the college by virtue of his position and therefore \u201chad a duty to exercise his power over Plaintiff wisely.\u201d (Id. at 7.) Second, Plaintiff argues that he has sufficiently pled that Defendant Roberts is a superior officer of Defendant Ithaca College, noting that, although \u201cPlaintiff's only understanding of [Defendant Roberts'] day-to-day duties at this early stage in litigation is that he held the title of \u2018Associate Dean,' and that he was one of the highest-ranking individuals at the Ithaca College Park School,\u201d \u201c[h]is title alone gives inference that he likely had some degree of power within the institution\u201d; Plaintiff also asserts that Defendant Roberts \u201cwas the head of the entire Park School\u201d and \u201cthe highest-ranking individual at the Park School.\u201d (Id. at 7-9.) Third, Plaintiff argues that he has properly stated a claim for negligent hiring, retention, training, supervision, and direction, because he has alleged that Defendant Roberts was in a position of power at Defendant Ithaca College based on his job title of Assistant Dean but admits that he does not have access to information that \u201cmay prove or disprove this level of control\u201d and is \u201cunaware of the power that Roberts had as it relates to personnel decisions.\u201d (Id. at 9-10.) He argues, however, that \u201cthe fact that other 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 4/42 perpetrators may have been working in other departments is even more of a reason to provide discovery as to their job duties.\u201d (Id.) *5 Plaintiff further argues that \u201cnotice has been properly pled,\u201d Defendant Roberts has \u201cfailed to address why this cause of action should be dismissed as to the training and direction of Defendant's staff,\u201d and the issue \u201cis better left for Summary Judgment, once Plaintiff has been availed to his right to relevant discovery.\u201d (Id. at 10.) 2 5 2 Plaintiff additionally argues that, \u201cupon information and belief, as Associate Dean Roberts sat on multiple search and hiring committees for the school, including the trans-Atlantic search committee.\u201d (Dkt. No. 27, Attach. 1, at 10.) As will be discussed below in Part III.A.1 of this Decision and Order, Plaintiff (who has at all times been represented by counsel in this action) did not include such allegation in his Complaint. Fourth, Plaintiff argues that he has properly stated a claim for because (a) contrary to Defendant Roberts' assertion, the existence of extreme and outrageous conduct is not a required element of such claim, (b) he has alleged that Defendant Roberts was a superior officer and breached the duty of care he owed to Plaintiff as a student, and (c) there is no requirement that Plaintiff plead there was a threat to his physical safety and, even if there is, he has made such allegations given that sexual assault is by its nature physically harmful. (Id. at 11.) Fifth, Plaintiff argues that he has also properly stated a claim for because the conduct alleged is plausibly extreme and outrageous and such findings are for a jury to determine in any event. (Id. at 12.) Sixth, Plaintiff argues that his and claims are not duplicative of one another or of his other negligence-based claims, because the elements of each claim are different. (Id. at 12-13.) c. Defendant Roberts' Reply Memorandum of Law Generally, in reply, Defendant Roberts makes six arguments. (Dkt. No. 28.) First, Defendant Roberts argues that Plaintiff has not supported his assertion of a duty to exercise power \u201cwisely\u201d with any legal authority, and the Court is not required to accept allegations that are merely legal conclusions; and Defendant Roberts further argues that Plaintiff has not 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 5/42 challenged his argument that there is no duty by a college or its employees to act in loco parentis *6 of its students. (Id. at 5-6.) 6 Second, Defendant Roberts argues that Plaintiff has not sufficiently pled vicarious liability or that Defendant Roberts qualifies as a superior officer, because the cases he cites involve individuals who were at the highest levels of their organization, whereas Defendant Roberts is merely one Associate Dean of several at the Park School, who works under the actual Dean of that school as well as other higher-ranking officials such as the President and the Provost of the college. (Id. at 6-7.) Third, Defendant Roberts argues that Plaintiff has failed to state a claim for negligent hiring, retention, supervision, and training, because he has not alleged facts plausibly suggesting that Defendant Roberts is an employer, or that Defendant Roberts had notice of any relevant conduct by another individual over whom he had authority. (Id. at 8-9.) Fourth, Defendant Roberts argues that Plaintiff has failed to state a claim for IIED, because he has provided nothing but conclusory statements to suggest the conduct alleged rises to the level of extreme and outrageous. (Id. at 9- 11.) Fifth, Defendant Roberts argues that Plaintiff has failed to state a claim for NIED, because he has not plausibly alleged that Defendant Roberts owed him a duty or that Defendant Roberts' conduct caused unreasonable endangerment to or fear for his physical safety. (Id. at 11-13.) Sixth, Defendant Roberts argues that Plaintiff's claim is duplicative of his other negligence-based claims, because those claims all rest on the same facts and seek the same damages as do those other claims. (Id. at 13-14.) 2. Defendant Ithaca College's Partial Motion to Dismiss *7 7 a. Defendant Ithaca College's Memorandum of Law Generally, in its motion to dismiss, Defendant Ithaca College makes five arguments. (Dkt. No. 18, Attach. 1.) As an initial matter, the Court notes that Defendant Ithaca College explicitly states that it is not seeking to dismiss Plaintiff's Title claim against it as part of its current motion. (Id. at 5 n.1.) 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 6/42 First, Defendant Ithaca College argues that Plaintiff has not plausibly stated any negligence-based claims, because he has failed to sufficiently allege that it owed Plaintiff any duty relevant to the circumstances. (Id. at 12-15.) Specifically, Defendant Ithaca College argues that New York has rejected any duty in loco parentis of colleges towards their students, and, in any event, claims such as those Plaintiff brings regarding sexual harassment on a college campus are governed instead by Title IX, which requires a showing of more than mere negligence to establish liability. (Id.) Second, Defendant Ithaca College argues that Plaintiff's negligent hiring and retention claim must fail, because he has not plausibly alleged that it had notice of any employee's propensity to commit sexual abuse, and conclusory allegations that Defendant Roberts' use of Grindr (a social media dating application used primarily by men seeking sexual relationships with other men) was public and that his abuse of students was \u201ccommon knowledge\u201d are too vague and insufficient to plausibly allege knowledge of improper sexual behavior by Defendant Roberts or others. (Id. at 16-17.) Third, Defendant Ithaca College argues that Plaintiff's vicarious liability claims must fail as a matter of law, because it cannot be held liable for an intentional act performed outside the scope of employment like sexual assault or harassment under a theory of respondeat superior. *8 (Id. at 17-18.) 8 Fourth, Defendant Ithaca College argues that Plaintiff has failed to plausibly state a claim for NIED, because he has not and cannot allege any special duty owed to him by Defendant Ithaca College given that his relationship with the college was the same as its relationship with all other students, and this claim is in any event duplicative of his other negligence claims. (Id. at 18-20.) Fifth, Defendant Ithaca College argues that Plaintiff's claim also must be dismissed, because he has not pled conduct that is extreme and outrageous, he has failed to plead any facts supporting an inference that Defendant intended to cause him distress, and this claim is also duplicative of his other claims. (Id. at 20-22.) b. Plaintiff's Opposition Memorandum of Law 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 7/42 Generally, in opposition to Defendant Ithaca College's motion, Plaintiff makes five arguments. (Dkt. No. 26, Attach. 1.) First, Plaintiff argues that his Title claim does not subsume his negligence claims and he is entitled to pursue all of those claims together. (Id. at 9-10.) Second, Plaintiff argues that he has properly alleged notice of sexual abuse by staff and faculty at Defendant Ithaca College sufficient to support his claim for negligent hiring, retention, training, direction, and supervision, because he has alleged that one of the highest-ranking individuals in the Park School (Defendant Roberts) engaged in such behavior, that various relevant individuals were publicly using Grindr on campus, and that he anonymously reported the abuse by Defendant Roberts to \u201cAssociate Dean Jack Bryant.\u201d (Id. at 10-12.) Plaintiff further argues that Defendant Ithaca College has failed to address the sufficiency of this claim *9 related to direction, supervision, or training, explaining that \u201cAssociate Dean Bryan Roberts and other staff members named were clearly negligently directed and trained in the arena of sexual harassment as they either participated in unwanted and improper conduct or failed to report it.\u201d (Id.) 9 Third, Plaintiff argues that he has sufficiently alleged vicarious liability through the superior officer doctrine because, as \u201cthe head of the entire Park School,\u201d Defendant Roberts was a superior officer and his participation in the alleged abusive conduct therefore renders Defendant Ithaca College liable. (Id. at 12-13.) Fourth, Plaintiff argues that his claim is neither duplicative nor meritless because the elements of that claim are different than those of his other claims, and because Defendant Ithaca College had a special duty to Plaintiff after he made a report to the Title office regarding the alleged abuse. (Id. at 13-15.) Fifth, Plaintiff argues that he has sufficiently pled his claim because, as to intent, he has at least pled that Defendant Ithaca College disregarded a substantial probability of causing severe emotional distress in its actions of disregarding the \u201csignificant chance that Plaintiff would be bullied and put to shame were his name to be leaked to the student body,\u201d \u201cthe fact that numerous deans and faculty members targeting students for sex would lead 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 8/42 to situations of harassment and assault,\u201d and \u201cthe probability that if it did not properly train staff on sexual harassment, people would get hurt.\u201d (Id. at 15-16.) c. Defendant Ithaca College's Reply Memorandum of Law Generally, in reply, Defendant Ithaca College makes seven arguments. (Dkt. No. 30.) First, Defendant argues that Plaintiff cannot survive a motion to dismiss by claiming to have a *10 need to conduct discovery, but instead must have sufficient information to be able to plead plausible claims before he becomes entitled to conduct any such discovery. (Id. at 4-5.) 10 Second, Defendant Ithaca College argues that Title is the proper avenue under which to assess Plaintiff's claims of harassment, and Plaintiff has made no compelling argument otherwise. (Id. at 5.) Third, Defendant Ithaca College argues that Plaintiff has not adequately pled notice of the alleged harassment, because neither participation in the conduct by Defendant Roberts nor the alleged report to Mr. Bryant constitutes notice to Defendant Ithaca College, given that (a) there is no allegation to plausibly suggest that Mr. Bryant, as an associate professor, was a sufficiently high-ranking individual within the college who had authority to take corrective measures such that his knowledge can be imputed to Defendant Ithaca College, (b) Plaintiff has not pled, beyond vague conclusory generalities, that any high-ranking officer of the college was aware of employees using Grindr, let alone using it to target students, and (c) Plaintiff has not pled facts suggesting that Defendant Ithaca College knew of any similar prior acts of sexual misconduct by Defendant Roberts or any other individual. (Id. at 6-7.) Fourth, Defendant Ithaca College argues that, although Plaintiff did not plead that it was negligent in directing or training its employees in reporting sexual abuse, any obligation to report sexual abuse of a student would inherently arise under the scope of that individual's employment and would therefore would preclude Plaintiff's claim, because an obligation to report exists only under Title IX, not the common law. (Id. at 7-8.) 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 9/42 Fifth, Defendant Ithaca College argues that Plaintiff's claims dependent on the superior officer/corporate complicity doctrine must fail because, as was already argued, Defendant *11 Roberts was not a superior officer and the acts he allegedly committed were not committed within the course of his employment given that sexual harassment is outside the scope of employment. (Id. at 8-11.) 11 Sixth, Defendant Ithaca College argues that Plaintiff's claim must be dismissed, because it is duplicative of his other negligence claims, and that Plaintiff's attempt to manufacture a special duty based on his report of conduct to the Title office is insufficient, because the duty to investigate those claims then arose under Title (not the common law) and Plaintiff has not pled reliance on any promise by Defendant Ithaca College to investigate his claims that was related to the harm here. (Id. at 11-12.) Seventh, Defendant Ithaca College argues that Plaintiff's claim must also be dismissed, because Plaintiff has not pled any knowledge of harmful circumstances that Defendant Ithaca College disregarded. (Id. at 12-13 It has long been understood that a dismissal for failure to state a claim upon which relief can be granted, pursuant to Fed.R.Civ.P. 12(b)(6), can be based on one or both of two grounds: (1) a challenge to the \u201csufficiency of the pleading\u201d under Fed.R.Civ.P. 8(a)(2); or (2) a challenge to the legal cognizability of the claim. Jackson v. Onondaga Cty., 549 F.Supp.2d 204, 211 nn. 15-16 (N.D.N.Y. 2008) (McAvoy, J.) (adopting Report-Recommendation on de novo review). Because such dismissals are often based on the first ground, some elaboration regarding that ground is appropriate. Rule 8(a)(2) of the Federal Rules of Civil Procedure requires that a pleading contain \u201ca short and plain statement of the claim showing that the pleader is entitled to *12 relief.\u201d Fed.R.Civ.P. 8(a)(2) [emphasis added]. In the Court's view, this tension between permitting a \u201cshort and plain statement\u201d and requiring that the statement \u201cshow[]\u201d an entitlement to relief is often at the heart of misunderstandings that occur regarding the pleading standard established by Fed.R.Civ.P. 8(a)(2). 12 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 10/42 On the one hand, the Supreme Court has long characterized the \u201cshort and plain\u201d pleading standard under Fed.R.Civ.P. 8(a)(2) as \u201csimplified\u201d and \u201cliberal.\u201d Jackson, 549 F.Supp.2d at 212 n.20 (citing Supreme Court case). On the other hand, the Supreme Court has held that, by requiring the above- described \u201cshowing,\u201d the pleading standard under Fed.R.Civ.P. 8(a)(2) requires that the pleading contain a statement that \u201cgive[s] the defendant fair notice of what the plaintiff's claim is and the grounds upon which it rests.\u201d Jackson, 549 F.Supp.2d at 212 n.17 (citing Supreme Court cases) (emphasis added). The Supreme Court has explained that such fair notice has the important purpose of \u201cenabl[ing] the adverse party to answer and prepare for trial\u201d and \u201cfacilitat[ing] a proper decision on the merits\u201d by the court. Jackson, 549 F.Supp.2d at 212 n.18 (citing Supreme Court cases); Rusyniak v. Gensini, 629 F.Supp.2d 203, 213 & n.32 (N.D.N.Y. 2009) (Suddaby, J.) (citing Second Circuit cases). For this reason, as one commentator has correctly observed, the \u201cliberal\u201d notice pleading standard \u201chas its limits.\u201d 2 Moore's Federal Practice \u00a7 12.34[1][b] at 12-61 (3d ed. 2003). For example, numerous Supreme Court and Second Circuit decisions exist holding that a pleading has failed to meet the \u201cliberal\u201d notice pleading standard. Rusyniak, 629 F.Supp.2d at 213 n.22 (citing Supreme Court and Second Circuit cases); see also Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949-52 (2009). Most notably, in Bell Atlantic Corp. v. Twombly, the Supreme Court reversed an *13 appellate decision holding that a complaint had stated an actionable antitrust claim under 15 U.S.C. \u00a7 1. Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007). In doing so, the Court \u201cretire[d]\u201d the famous statement by the Court in Conley v. Gibson, 355 U.S. 41, 45-46 (1957), that \u201ca complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.\u201d Twombly, 127 S.Ct. at 560-61, 577. Rather than turn on the conceivability of an actionable claim, the Court clarified, the \u201cfair notice\u201d standard turns on the plausibility of an actionable claim. Id. at 555-70. The Court explained that, while this does not mean that a pleading need \u201cset out in detail the facts upon which [the claim is based],\u201d it does mean that the pleading must contain at least \u201csome factual allegation[s].\u201d Id. at 555. More specifically, the \u201c[f]actual allegations must be enough to raise a right 13 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 11/42 to relief above the speculative level [to a plausible level],\u201d assuming (of course) that all the allegations in the complaint are true. Id. As for the nature of what is \u201cplausible,\u201d the Supreme Court explained that \u201c[a] claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.\u201d Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009). \u201c[D]etermining whether a complaint states a plausible claim for relief . . . [is] a context-specific task that requires the reviewing court to draw on its judicial experience and common sense.... [W]here the well- pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint has alleged-but it has not show[n]-that the pleader is entitled to relief.\u201d Iqbal, 129 S.Ct. at 1950 (internal quotation marks and citations omitted). However, while the plausibility standard \u201casks for more than a sheer possibility that a defendant has acted unlawfully,\u201d id., it \u201cdoes not impose a probability *14 requirement.\u201d Twombly, 550 U.S. at 556. 14 Because of this requirement of factual allegations plausibly suggesting an entitlement to relief, \u201cthe tenet that a court must accept as true all of the allegations contained in the complaint is inapplicable to legal conclusions. Threadbare recitals of the elements of a cause of action, supported by merely conclusory statements, do not suffice.\u201d Iqbal, 129 S.Ct. at 1949. Similarly, a pleading that only \u201ctenders naked assertions devoid of further factual enhancement\u201d will not suffice. Iqbal, 129 S.Ct. at 1949 (internal citations and alterations omitted). Rule 8 \u201cdemands more than an unadorned, the-defendant-unlawfully-harmed-me accusation.\u201d Id. Finally, a few words are appropriate regarding what documents are considered when a dismissal for failure to state a claim is contemplated. Generally, when contemplating a dismissal pursuant to Fed.R.Civ.P. 12(b)(6) or Fed.R.Civ.P. 12(c), the following matters outside the four corners of the complaint may be considered without triggering the standard governing a motion for summary judgment: (1) documents attached as an exhibit to the complaint or answer, (2) documents incorporated by reference in the complaint (and provided by the parties), (3) documents that, although not incorporated by reference, are \u201cintegral\u201d to the complaint, or (4) any matter 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 12/42 of which the court can take judicial notice for the factual background of the case. *15 3 15 3 See Fed.R.Civ.P. 10(c copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes.\u201d); L-7 Designs, Inc. v. Old Navy, LLC, No. 10-573, 2011 2135734, at *1 (2d Cir. June 1, 2011) (explaining that conversion from a motion to dismiss for failure to state a claim to a motion for summary judgment is not necessary under Fed.R.Civ.P. 12[d] if the \u201cmatters outside the pleadings\u201d in consist of [1] documents attached to the complaint or answer, [2] documents incorporated by reference in the complaint (and provided by the parties), [3] documents that, although not incorporated by reference, are \u201cintegral\u201d to the complaint, or [4] any matter of which the court can take judicial notice for the factual background of the case); DiFolco v Cable L.L.C., 622 F.3d 104, 111 (2d Cir. 2010) (explaining that a district court considering a dismissal pursuant to Fed. R. Civ. 12(b)(6) \u201cmay consider the facts alleged in the complaint, documents attached to the complaint as exhibits, and documents incorporated by reference in the complaint.... Where a document is not incorporated by reference, the court may neverless consider it where the complaint relies heavily upon its terms and effect, thereby rendering the document \u2018integral' to the complaint....However, even if a document is \u2018integral' to the complaint, it must be clear on the record that no dispute exists regarding the authenticity or accuracy of the document. It must also be clear that there exist no material disputed issues of fact regarding the relevance of the document.\u201d) [internal quotation marks and citations omitted]; Chambers v. Time Warner, Inc., 282 F.3d 147, 152 (2d Cir. 2009) (\u201cThe complaint is deemed to include any written instrument attached to it as an exhibit or any statements or documents incorporated in it by reference.\u201d) (internal quotation marks and citations omitted); Int'l Audiotext Network, Inc. v. Am. Tel. & Tel. Co., 62 F.3d 69, 72 (2d Cir.1995) (per curiam) (\u201c[W]hen a plaintiff chooses not to attach to the complaint or incorporate by reference a [document] upon which it solely relies and which is integral to the complaint,\u201d the court may nevertheless take the document into consideration in deciding [a] defendant's motion to dismiss, without converting the proceeding to one for summary judgment.\u201d) (internal quotation marks and citation omitted 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 13/42 A. Whether Plaintiff Has Plausibly Stated a Claim of Negligent Hiring, Retention, Supervision, and Training After careful consideration, the Court answers this question in the negative for the reasons stated in Defendants' memoranda of law. See supra, Parts I.B.1.a, c and I.B.2.a, c, of this Decision and Order. To those reasons, the Court adds the following analysis. \u201cTo establish a cause of action based on negligent hiring, retention, supervision, and training of an employee, a plaintiff must demonstrate that the \u2018employer knew or should have known [that] the employee[] [had] a propensity for the conduct which caused the [plaintiff's] injury.'\u201d Olsen v. Butler, 227 A.D.3d 916, 918 (N.Y. A.D.2d Dep't 2024) (quoting Bumpus v. New York City Tr. Auth., 47 A.D.3d 653, 654 [N.Y. A.D.2d Dep't 2008]). \u201c\u2018Allegations that a defendant had actual knowledge of prior acts by an employee similar to those alleged in the complaint satisfy the notice element.'\u201d Olsen, 227 A.D.3d at 918 (quoting Moore Charitable Found Partners, Inc., 40 N.Y.3d 150, 159 [N.Y. 2023]). Actual knowledge is not required, however. Moore Charitable Found., 40 N.Y.3d at 158-59. \u201cThe *16 notice element is also satisfied if \u2018a reasonably prudent employer, exercising ordinary care under the circumstances, would have been aware of the employee's propensity to engage in the injury-causing conduct.'\u201d Olsen, 227 A.D.3d at 918 (quoting Moore Charitable Found., 40 N.Y.3d at 158-59). 16 1. Defendant Roberts Plaintiff's Complaint appears to assert a claim for negligent hiring, retention, supervision, and training against Defendant Roberts, yet it is devoid of any factual allegations that would plausibly suggest that Defendant Roberts was an \u201cemployer\u201d or that he had any authority regarding hiring, retaining, supervising, or training any of the relevant non- defendant individuals that allegedly harassed and/or sexually abused Plaintiff. (See generally Dkt. No. 1, Attach. 1.) Those individuals include Mr. Trunzo (Associate Director for Residential Life and Judicial Affairs), Mr. Greene (Director of Senior Student Teacher Placements), and Mr. Stebbins (Lead Cashier of Dining Services). (Id., at \u00b6\u00b6 9-12.) There are no factual allegations plausibly suggesting that any of these individuals worked in the 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 14/42 Park School or were specifically hired, supervised, or trained by Defendant Roberts. (See generally id.) Notably, as to the only named individual who, by his or her title, can be reasonably inferred to have been a professor/employee within the Park School itself, Mr. Bryant (Associate Professor and Degree Program Director of Writing for Film, TV, and Emerging Media), Plaintiff does not allege that Mr. Bryant harassed or sexually abused and/or assaulted him, or that Mr. Bryant had ever harassed or sexually abused and/or assaulted students in the past; rather, he alleges only that he connected with Mr. Bryant on Grindr, that Mr. Bryant told Plaintiff that he (Mr. Bryant) had had sexual relationships with Ithaca College students previously, and that *17 Plaintiff reported to Mr. Bryant that he was in an unwelcome, unsafe, or uncomfortable sexual relationship with Defendant Roberts but that Defendant Bryant did not report that information to anyone at Defendant Ithaca College. Plaintiff has therefore not alleged that Mr. Bryant engaged in relevant conduct that would support a claim related to negligent hiring, retention, supervision, or training of Mr. Bryant by either Defendant. Moreover, again, there are also no factual allegations plausibly suggesting that Defendant Roberts specifically had any input in hiring, retaining, supervising, or training Mr. Bryant even if he is a faculty member at the Park School, much less that he was Mr. Bryant's \u201cemployer.\u201d 4 17 5 4 As will be discussed further below related to the claim against Defendant Ithaca College, a propensity to engage in consensual sexual relationships with students does not equate to a propensity to sexually harass or sexually abuse and/or assault students, and it is harassment/abuse, not consensual sexual conduct, that underlies Plaintiff's claims in this matter. 5 Notably, Plaintiff does not allege facts plausibly suggesting that teaching- level faculty such as Mr. Bryant had any common law, contractual, or statutory duty to report student concerns about unsafe relationships with faculty or staff to Defendant Ithaca College. Plaintiff's only response to Defendant Roberts' argument that he was not an \u201cemployer\u201d with responsibility over any of these individuals is that (1) he \u201cwas in a position of power at Ithaca College, as can be inferred by his job title,\u201d and (2) although \u201cDefendant states that he was not in a position of 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 15/42 control over the other named perpetrators, . . . pre-discovery, Plaintiff has no access to the Ithaca College records which may prove or disprove this level of control,\u201d and that \u201cPlaintiff cannot assume that as an Associate Dean, he had no duty whatsoever to supervise what was going on in his own Park School.\u201d (Dkt. No. 27, Attach. 1, at 10.) Plaintiff further states that he \u201cis unaware of the power that Roberts had as it relates to personnel decisions,\u201d and \u201cthe fact that other perpetrators may have been working in other departments is even more of a reason to provide discovery as to their job duties.\u201d (Id.) Plaintiff's response makes clear that his assertion of some sort of supervisory role over *18 the other individuals by Defendant Roberts is purely speculative; and mere speculation is insufficient to meet his burden at this stage. See Watson Labs, Inc. et al. v. Forest Labs., Inc. et al., 101 F.4th 223, 235 (2d Cir. 2024) (reiterating that, under the plausibility standard, \u201cthe allegations must \u2018raise a right to relief above the speculative level'\u201d) (quoting Twombly, 550 U.S. at 555). Again, it is only by showing that he can assert a plausible claim that Plaintiff becomes entitled to discovery; he cannot use this lawsuit as a fishing expedition for evidence that may or may not substantiate his speculations unless he has first met that threshold. 18 6 6 In his opposition memorandum of law, Plaintiff also states that, \u201cupon information and belief, as Associate Dean Roberts sat on multiple search and hiring committees for the school, including the trans-Atlantic search committee.\u201d (Dkt. No. 27, Attach. 1, at 10.) As an initial matter, Plaintiff did not include this allegation in his Complaint, and cannot now informally amend his complaint through asserting new allegations in his opposition memorandum of law. See Wright v. Ernst & Young LLP, 152 F.3d 169, 178 (2d Cir. 1998) (declining to consider an allegation that appeared for the first time in a represented plaintiff's memorandum of law in opposition to a motion to dismiss); accord Fitzsimons v. New York City Dist. Council of Carpenters, 22-815, 2024 221550, at *2 (2d Cir. Jan. 22, 2024) (citing Soules v. Conn. Dep't of Emergency Servs. & Public Prot., 882 F.3d 52, 56 [2d Cir. 2018]). The Court therefore need not consider this improper allegation. Notwithstanding, consideration of this allegation would not alter the Court's conclusion; the fact that-especially upon only \u201cinformation and belief\u201d-Defendant Roberts may have been involved in some hiring decisions or committees does not plausibly suggest that he was involved in the hiring 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 16/42 of any of the relevant individuals, nor does it suggest that he had any supervisory or training authority over those individuals after they were hired. Because Plaintiff has not plausibly alleged that Defendant Roberts was an \u201cemployer\u201d of the relevant individuals or had any authority over them regarding hiring, retention, supervision, or training, this claim is dismissed as to Defendant Roberts. 2. Defendant Ithaca College Plaintiff also asserts a claim for negligent hiring, retention, supervision, and training against Defendant Ithaca College. In his Complaint, Plaintiff alleges that Defendant Ithaca College breached its various duties to conduct appropriate and proper hiring, screening, *19 placement and retention of employees and to adequately supervise, direct and train those employees by being \u201cnegligent, careless, and reckless in the manner in which they conducted their hiring, screening, and retention of staff and hired and retained employees and/or staff who failed to properly supervise and protect the students who had been entrusted to them. (Dkt. No. 1, Attach. 1, at \u00b6\u00b6 150-59.) 19 Addressing first the component of this claim related to hiring, screening, direction, and training, the Complaint contains no factual allegations plausibly suggesting why Plaintiff believes Defendant Ithaca College failed to meet any duty regarding those actions. As to hiring and screening, the Complaint does not include any allegations that any of the relevant individuals (including Defendant Roberts) engaged in the same or similar conduct before they were hired by Defendant Ithaca College, or that Defendant Ithaca College had knowledge of any such past conduct at the time those individuals were hired or screened for their employment. As to directing and training, Plaintiff has provided no allegations regarding what types of training related to sexual harassment or sexual assault are provided to employees of Defendant Ithaca College, or any indication that such training was either insufficient or not provided to the relevant individuals. Plaintiff's reliance on an argument to the effect that \u2018this would not have happened if training had been provided' is simply too speculative to meet his plausibility burden. (Dkt. No. 26, Attach. 1, at 11.) 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 17/42 As to retention of the relevant employees, Plaintiff has not provided allegations regarding any propensity (much less a known propensity) on the part of Defendant Roberts or the other named individuals who Plaintiff alleges sexually harassed, assaulted, or abused him to engage in such behavior. The only allegations that could be read to even remotely support such a *20 propensity are those stating that (1) Mr. Bryant told Plaintiff that he had previously had sexual relationships with students of Ithaca College, (2) throughout the spring 2022 semester, Defendant Roberts \u201ccontinuously\u201d used Grindr while on campus looking to sexually engage with students, and (3) Defendant Roberts' manipulation and sexual abuse of Plaintiff \u201cbecame an open secret around campus\u201d near the end of the spring 2022 semester and \u201chis sexual abuse of students was common knowledge amongst students, staff, and other leadership.\u201d (Dkt. No. 1, Attach. 1, at \u00b6\u00b6 51, 56, 69, 127.) However, the fact that Mr. Bryant and Defendant Roberts may have sought and engaged in sexual relationships with students does not suggest a propensity to engage in sexual abuse or harassment of students, especially given that Plaintiff's allegations regarding that contact with other students does not suggest such contact was nonconsensual or unwanted. 20 Importantly, Plaintiff is alleging that he was sexually abused and harassed by Ithaca College faculty and staff members, not merely that Defendant Roberts and other Ithaca College staff engaged in consensual activities that are improper under Defendant Ithaca College's rules and policies regarding intimate relationships between employees and students. Whether those individuals were violating the College's intimate relationship policy is a distinct question from whether they were sexually abusing or harassing students; and only the latter is relevant to Plaintiff's asserted claims regarding propensity to engage in the same or similar conduct, because consensual sexual activity is not \u201csimilar\u201d to sexual abuse or sexual harassment. Put simply, although there are perhaps ethical questions implicated by a college faculty member's choice to engage in sexual conduct with students, engaging in consensual sexual conduct does not suggest a propensity to engage in tortious sexual abuse or harassment. See Moore Charitable Foundation, 40 N.Y.3d at 159 (noting that, although \u201cthe former habits [drinking and gambling *21 problems] may be unprofessional or irresponsible in a financial adviser, and may warrant some degree of 21 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 18/42 oversight or discipline, [] they are not acts of dishonesty [related to the relevant tort of fraud] or indicative of a proclivity to mislead or intentionally harm others\u201d). Moreover, the fact that Mr. Bryant and Defendant Roberts were engaging in sexual relationships with students-consensual or not-would not inherently suggest that Defendant Ithaca College was or should have been aware of that conduct. The fact that Defendant Roberts and others \u201cpublicly\u201d used Grindr on campus does not lead to a plausible inference that Defendant Ithaca College should have known of their use of that platform, much less that it should have known that those individuals were specifically using that platform to engage in sexual abuse or harassment as opposed to consensual conduct; there are no allegations that Defendant Ithaca College was, or should have reasonably been, monitoring or aware of that activity merely because Grindr is a public platform, or that Defendant Ithaca College was indeed aware that any of the relevant individuals used Grindr. Although Plaintiff states that Grindr is \u201cas easily accessible as Facebook or Google,\u201d and that Defendant Ithaca College would have to know what it was being used for because \u201cGrindr's own website homepage currently features five men in their underwear\u201d and \u201cin practice, is used for sexual hookups,\u201d such statements fail to be persuasive for the same reasons already discussed, namely that there is nothing in Plaintiff's factual allegations that plausibly suggests that Defendant Ithaca College was aware that any of the individuals used Grindr, or that using Grindr, even on campus, is inherently indicative of sexual abuse or harassment of students, or even of the pursuit of sexual relationships with students given that there are also other faculty, staff, and presumably community members present on campus. Nor does Plaintiff offer any allegations to suggest that *22 an individual user's settings or activity (i.e., whether they had set their age range as low as 19 or 20 years old as implicated here, or who they are matched with or talking to) are public and/or visible to other users or viewers of the platform in a way that would have alerted Defendant Ithaca College to interactions with students that might need to be investigated further even if they were able to view the public Grindr profiles of the relevant individuals. Simply put, in and of itself, mere use of Grindr by faculty and staff on campus is insufficient to place Defendant Ithaca College on reasonable notice that those individuals were 22 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 19/42 engaged in sexual harassment or abuse of students or similar conduct such that it would have been reasonably aware of a propensity of any of those individuals to engage in such conduct. As to more specific notice of the relevant conduct, the allegations that Defendant Roberts' alleged sexual abuse of Plaintiff and other students was an \u201copen secret\u201d or \u201ccommon knowledge\u201d are simply too vague to sustain Plaintiff's plausibility burden as to Defendant Ithaca College. Most importantly, these allegations do not plausibly suggest which \u201cstaff\u201d or \u201cleadership\u201d were aware of Defendant Roberts' sexual abuse of Plaintiff or other students or how they came by that knowledge. Although the Court is required to accept the Plaintiff's allegations as true at this stage, it does not need to accept allegations that are merely conclusory. See Harris v. Mills, 572 F.3d 66, 72 (2d Cir. 2009) (\u201c[A]lthough a court must accept as true all of the allegations contained in the complaint, that tenet is inapplicable to legal conclusions, and threadbare recitals of the elements of a cause of action, supported by mere conclusory *23 statements, do not suffice.\u201d); see also Simon v. Smith & Nephew, Inc., 18 F.Supp.3d 423, 427 (S.D.N.Y. 2014) (finding that vague and conclusory allegations that the defendant caused a metal liner to be used with a separate system were insufficient to survive a motion to dismiss without \u201cadditional factual amplification\u201d). 7 23 7 Although Plaintiff cites authority for the point of law that causes of action alleging negligent hiring, retention or supervision are not required to be pled with specificity, that point of law is part of a New York procedural standard. (Dkt. No. 26, Attach. 1, at 10.) However, it is Fed.R.Civ.P. 12(b)(6) and the Twombly and Iqbal standards that apply to the Court's sufficiency review here, which, as was discussed above, dictates that the \u201c[f]actual allegations must be enough to raise a right to relief above the speculative level [to a plausible level]\u201d when assuming the allegations are true. Twombly, 127 S.Ct. at 555. Plaintiff alleges that he told Mr. Bryant about Defendant Roberts' conduct in January 2022, but offers no factual allegations plausibly suggesting that Mr. Bryant's knowledge can be directly imputed to Defendant Ithaca College. Specifically, in the context of a negligent supervision claim, \u201c[w]hether the employee's knowledge may be imputed to the employer hinges upon whether that knowledge was acquired while the employee was acting within 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 20/42 the scope of their employment Doe 5 v. Fleming, 229 A.D.3d 1076, (N.Y.App.Div. 4th Dep't, 2024) (citing Center v. Hampton Affiliates, Inc., 66 N.Y.2d 782, 784 [N.Y. 1985]) (emphasis in original). Plaintiff alleges that he informed Mr. Bryant about the relationship with Defendant Roberts through a conversation the two had after they connected on Grindr. (Dkt. No. 1, Attach. 1, \u00b6\u00b6 49-53.) Nothing in these allegations suggests that Mr. Bryant was acting in the scope of his employment when this conversation took place, and therefore Mr. Bryant's knowledge cannot be imputed to Defendant Ithaca College. Nor has Plaintiff alleged facts plausibly suggesting that Mr. Bryant had any duty to inform Defendant Ithaca College of the information received by Plaintiff during a private conversation outside the scope of his employment. The only other report Plaintiff alleges making to anyone at Ithaca College was to Mr. Lamendola (who he alleges was the Assistant Coordinator of the Center for Career Exploration and Development) in \u201cSpring 2023,\u201d but Plaintiff does not allege facts from which it can be determined whether this conversation occurred within the scope of Mr. Lamendola's *24 employment; Plaintiff notably does not provide any factual allegations regarding where or how this conversation took place. (Dkt. No. 1, Attach. 1, at \u00b6 90.) 24 Even if this conversation could be, for the sake of this motion, construed as imputing notice of Defendant Roberts' alleged conduct on Defendant Ithaca College, it is not clear precisely when the conversation occurred. The Complaint states that Defendant Ithaca College's Title office received an anonymous report from another student about Plaintiff's relationship with Defendant Roberts in May 2023, which led to Plaintiff's filing a Title report against Defendant Roberts and an official investigation into Defendant Roberts' conduct being initiated, along with Human Resources investigations into the other non-defendant individuals. (Dkt. No. 1, Attach. 1, at \u00b6\u00b6 93-94, 99.) Plaintiff has therefore plausibly alleged that Defendant Ithaca College had notice of Defendant Roberts' alleged conduct by May 2023; but it is impossible based on the current allegations to assess whether notice existed sooner as a result of the conversation with Mr. Lamendola (assuming the Court could plausibly construe the Complaint as alleging that conversation occurred within the scope of his employment, a finding the Court does not make), because Plaintiff alleges only that it occurred in 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 21/42 \u201cSpring 2023\u201d (which could be either before or contemporaneous with the Title report). For these reasons, Plaintiff has not plausibly alleged that Defendant Ithaca College had any notice of a propensity of Defendant Roberts to engage in the type of tortious conduct alleged here until May 2023, after which time Defendant Ithaca College met with Plaintiff and was investigating his Title complaint. The only conduct that Plaintiff alleges occurred after that notice is Defendant Roberts' conduct of \u201charassing [Plaintiff] by messaging him, calling him repeatedly, and contacting him on numerous social media platforms, telling Plaintiff he must not *25 tell the truth,\u201d and \u201cthreatening Plaintiff's scholarship, access to education, and future opportunities in the media industry.\u201d (Dkt. No. 1, Attach. 1, at \u00b6\u00b6 95-96.) Following the investigation, Defendant Ithaca College found that Defendant Roberts had violated policies on intimate relationships and sexual harassment, and Defendant Roberts \u201cdeparted\u201d Ithaca College. (Id. at \u00b6\u00b6 105-107.) Despite alleging that Defendant Roberts continued to attempt to speak with him (seemingly not in person) and threatened his academics and career, Plaintiff does not allege that Defendant Roberts continued to engage in sexual harassment or assault or that he suffered further emotional or other harm as a result of Defendant Roberts' conduct after Defendant Ithaca College acquired notice of his actions. As a result, Plaintiff has not plausibly alleged a claim of negligent hiring, retention, supervision, or training against Defendant Ithaca College. 25 For all of the above reasons, Plaintiff has not alleged facts to plausibly suggest either that Defendant Roberts (or the other non-defendant individuals) had a propensity to engage in sexual abuse or harassment of students or that Defendant Ithaca College knew or should have known of any such propensity. Plaintiff's claim against Defendant Ithaca College for negligent hiring, retention, supervision, and training is therefore dismissed for failure to state a claim upon which relief can be granted. B. Whether Plaintiff Has Plausibly Stated a Claim of Negligence After careful consideration, the Court answers the above question in the negative for the reasons stated in Defendants' memoranda of law. See supra, 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 22/42 Parts I.B.1.a, c and I.B.2.a, c, of this Decision and Order. To those reasons, the Court adds the following analysis. As an initial matter, the Court rejects Defendant Ithaca College's argument that Plaintiff's negligence-based claims are subsumed or precluded by his Title claim. *26 Specifically, the cases Defendant Ithaca College cites to support that argument cannot bear the weight of the interpretation Defendant attempts to impose on them; rather, those cases merely state that the standard that must be met for a Title claim is different from that applicable to a negligence claim. (Dkt. No. 18, Attach. 1, at 13-14.) However, the fact that Title requires that a plaintiff prove a higher standard of culpability or notice does not inherently preclude him or her from pursuing a concurrent state-law negligence claim. Indeed, in one of the cited cases, Papelino v. Albany Coll. of Pharmacy of Union Univ., 633 F.3d 81 (2d Cir. 2011), the Second Circuit did not indicate any inconsistency with the assertion of both a Title claim related to sexual harassment and a claim of negligent supervision as to that same harassment. The only case within this Circuit that the Court was able to locate that squarely addressed this issue in fact found that a state-law negligence claim is not subsumed by a Title claim. Niles v. Nelson, 72 F.Supp.2d 13, 18-19 (N.D.N.Y. 1999) (McAvoy, C.J.). The Court therefore finds that there is no reason Plaintiff cannot assert both a Title claim and negligence-based claims. 26 Moreover, although Defendants have made valid arguments regarding whether Plaintiff's negligence claim is duplicative of his more specific claim for negligent hiring, retention, supervision, or training, the Court declines to dismiss his negligence claim on that basis, given that the Court has already found that the claim for negligent hiring, retention, supervision, and training must be dismissed for failure to state a claim upon which relief can be granted. Plaintiff should not be prevented from pursuing an alternative negligence claim based solely on the fact that it might be duplicative of a claim that the Court has already found that Plaintiff has failed to adequately plead. The Court will therefore consider whether Plaintiff has stated a claim for common law negligence. *27 27 \u201c\u2018To establish a cause of action sounding in negligence, a plaintiff must establish the existence of a duty on defendant's part to plaintiff, breach of 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 23/42 the duty and damages.'\u201d Feaster v. Poly Prep County Day Sch., 227 A.D.3d 668, 670 (N.Y. A.D.2d Dep't 2024) (quoting Davila v. Orange Cnty., 215 A.D.3d 632, 633-34 [N.Y. A.D.2d Dep't 2023]); see also Wendt v. Bent Pyramid Prods., LLC, 108 A.D.3d 1032, 1032-33 (N.Y.App.Div. 4th Dep't 2013) (formulating the \u201cdamages\u201d portion of this standard as \u201cthat the breach of such duty was a proximate cause of [the plaintiff's] injuries\u201d). \u201c\u2018The imposition of duty presents a question of law for the courts.'\u201d Brown v. Univ. of Rochester, 189 N.Y.S.3d 801, 805 (N.Y.App.Div. 3rd Dep't 2023) (quoting Eiseman v. State of New York, 70 N.Y.2d 175, 189 [N.Y. 1987]). Defendants' challenges to Plaintiff's negligence claims against them firstly assert that Plaintiff has failed to adequately plead that either of them owed Plaintiff a duty to protect him from the conduct in which Defendant Roberts allegedly engaged. In the Complaint, Plaintiff alleges that, while he was a student at Defendant Ithaca College, \u201cDefendants were responsible for his care, well-being, and safety amongst other things, and had a duty to protect him from harm, abuse, assault, and other harms\u201d including \u201cfrom sexual abuse, as well as physical and emotional abuse while he was in the classroom and/or attending college-controlled events.\u201d (Dkt. No. 1, Attach. 1, at \u00b6\u00b6 121- 22.) 1. Defendant Ithaca College Defendants are correct that \u201cNew York has affirmatively rejected the doctrine of in loco parentis at the college level and colleges \u2018generally have no legal duty to shield their students from the dangerous activity of other students.'\u201d Luina v. Katharine Gibbs Sch. New York, Inc., 37 A.D.3d 555, 556 (N.Y. A.D.2d Dep't 2007) (quoting Eiseman v. State of New York, *28 70 N.Y.2d 175, 190 [N.Y. 1987]) (emphasis added). However, this line of precedent does not inherently foreclose a duty based on the dangerous activities of its employees. Here, the harm alleged by Plaintiff related to the sexual harassment and abuse/assault was not directly caused by Defendant Ithaca College, or its students, but instead by the actions of its employees. 28 \u201cGenerally, a defendant owes no duty to prevent a third party from causing harm to another unless that defendant has the authority, as well as the ability, to control that party's actions; the mere fact that the defendant could 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 24/42 have exercised control \u2018as a practical matter' does not create a duty to do so.\u201d Fay v. Assignment Am., 245 A.D.2d 783, 784 (N.Y.App.Div. 3rd Dep't 1997) (citing D'Amico v. Christie, 71 N.Y.2d 76, 88 [N.Y. 1987]). Notably, \u201c[a]n exception may occur in a case where a special relationship exists between the defendant and the third party such as a duty to control; or alternatively, where a special relationship exists between the defendant and the plaintiff which gives the latter the right to protection from the conduct of others.\u201d Fay, 245 A.D.2d at 784 (citing Purdy v. Public Adm'r of Cnty. of Westchester, 72 N.Y.2d 1, 8 [N.Y. 1988 critical consideration in determining whether a duty exists is whether the defendant's relationship with either the tortfeaser or the plaintiff places the defendant in the best position to protect against the risk of harm.'\u201d Ramos v. Waldbaum, Inc., 91 N.Y.S.3d 655, 659 (N.Y. Sup. Ct. 2019) (quoting Davis v. South Nassau Cmty. Hosp., 26 N.Y.3d 563, 572 [N.Y. 2015]). Such a relationship of control exists where the third party is employed by the defendant. See Ramos, 91 N.Y.S.3d at 659 (finding that, although disability services group did not have control over intellectually impaired tortfeaser's actions at defendant store, the store itself, as the tortfeaser's employer, did have \u201cthe authority to change Cox's work assignment or to terminate his employment if it had been observed that his behavior impaired the *29 safety\u201d of store customers like the plaintiff); Sokola v. Weinstein, 187 N.Y.S.3d 493, 499-500 (N.Y. Sup. Ct. 2023) (discussing existence of special relationship between an employer and a tortfeaser- employee because \u201c\u2018the negligence of the employer . . . arises from its having placed the employee in a position to cause foreseeable harm, harm which the injured party most probably would have been spared had the employer taken reasonable care in making its decision concerning the hiring and retention of the employee'\u201d and \u201c\u2018the duty of care in supervising an employee extends to any person injured by the employee's misconduct\u201d). 29 Plaintiff specifically alleges that Defendant Roberts and the other non- defendant individuals were \u201cstaff or faculty\u201d of Defendant Ithaca College, thus plausibly alleging that Defendant Ithaca College had an employer- employee relationship with all those individuals. (Dkt. No. 1, Attach. 1, at \u00b6 31.) Defendant Ithaca College therefore had a duty to protect Plaintiff from the foreseeable harm caused by its employees to the extent it had the 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 25/42 authority to control the actions of those employees (i.e., on campus or at other places or events where it exercised control over those employees). The first issue that must therefore be addressed is the extent to which the alleged conduct occurred at places where Defendant Ithaca College had control over the actions of Defendant Roberts and the other non-defendant employees. According to Plaintiff's Complaint, the initial sexual encounter between Defendant Roberts and Plaintiff occurred at Defendant Roberts' house \u201coff campus.\u201d (Dkt. No. 1, Attach. 1, at \u00b6\u00b6 41-46.) It is not specified where many of the conversations Plaintiff had with Defendant Roberts through Grindr, text messages, or phone calls occurred, and Plaintiff does not allege that any subsequent sexual encounters between the two occurred on campus or during events where Defendant Ithaca College had control over *30 Defendant Roberts' conduct. (Dkt. No. 1, Attach. 1, at \u00b6\u00b6 48, 55, 57, 60-63, 65, 70-73, 80, 84-85, 87.) Allegations of conduct that did take place on the Ithaca College campus are comprised of (a) an incident on January 24th, 2022, in which Defendant Roberts allegedly \u201ccornered\u201d Plaintiff in the Dean's Suite, straddled Plaintiff, groped himself, rubbed his own genitals, and forcefully pinched Plaintiff's nipples, and (b) an instance in which Defendant Roberts approached Plaintiff in the Park Scholars Lounge, flirted with Plaintiff, and \u201cattempted to initiate group sex\u201d with Plaintiff and Mr. Stebbins. (Dkt. No. 1, Attach. 1, at \u00b6\u00b6 54, 75.) As to the non-defendant individuals, none of Plaintiff's allegations indicate that the alleged harassment or sexual conduct occurred on campus, only that he was uncomfortable in the dining areas where Mr. Stebbins worked. (Dkt. No. 1, Attach. 1, at \u00b6\u00b6 77-79, 81-83, 88-89, 91-92.) Thus, the only conduct over which Defendant Ithaca College had the authority and ability to control (and thus a duty to protect Plaintiff) were the two on-campus incidents. 30 The question is therefore whether the harm caused here by these on-campus incidents would have been foreseeable to Defendant Ithaca College such that the scope of the duty extended to the conduct here. Issues of foreseeability are \u201cgenerally for the fact finder to resolve,\u201d but \u201ccourts may dismiss cases where the risks are unforeseeable as a matter of law.\u201d In re September 11 Litig., 280 F.Supp.2d 279, 295 (S.D.N.Y. 2003) (citing Sanchez v. State of New York, 99 N.Y.2d 247 [N.Y. 2002]). Foreseeability \u201cdoes not determine the existence of a duty, but rather, simply determines the scope 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 26/42 of a duty once a duty is found to exist.\u201d Beadell v. Eros Mgmt Realty, LLC, 229 A.D.3d 43, 51 (N.Y.App.Div. 1st Dep't 2024) (citing Pulka v. Edelman, 40 N.Y.2d 781, 785 [N.Y. 1976]). Within an analogous context of the duty of a possessor of real properly to protect persons lawfully on their premises from the reasonably *31 foreseeable criminal acts of third parties, \u201c\u2018the criminal conduct at issue must be shown to be reasonably predictable based on the prior occurrence of the same or similar criminal activity at a location sufficiently proximate to the subject location.'\u201d Lazarus v. Wildlife Preserves, Inc., 229 A.D.3d 454, - (N.Y. A.D.2d Dep't 2024) (quoting Novikova v. Greenbriar Owners Corp., 258 A.D.2d 149, 153 [N.Y. A.D.2d Dep't 1999]). Indeed, this line of reasoning makes clear that, in order to be foreseeable, there must be some degree of knowledge of prior similar conduct. See SCVAWCR-Doe v. Archdiocese of New York, 206 N.Y.S.3d 518, -- (N.Y. Supreme Ct., Westchester Cnty., 2024) (discussing various cases and finding sexual assault was not foreseeable where \u201cthere is no allegation or evidence of prior conduct . . . [and] no allegation that St. Joseph's had any knowledge of any criminal conduct on the premises, or any knowledge of any risk of sexual assault to persons lawfully on the premises\u201d). Similar rationale has been applied specifically in the context of the duty that a university owes to its students for third-party criminal conduct that occurs on campus. See Brown v. Univ. of Rochester, 216 A.D.3d 1328, 1332 (N.Y.App.Div. 3rd Dep't 2023) (\u201cWe conclude that where, as here, a complaint alleges that a university received credible reports [i.e., had notice] of ongoing and pervasive criminal conduct against students, perpetrated on campus by other students within the university's control, the university had a legal duty to take appropriate responsive action.\u201d) (emphasis in original). 31 As was already discussed above, Plaintiff has not alleged facts plausibly suggesting that Defendant Ithaca College had reason to know that Defendant Roberts or any other individual was engaging in the relevant conduct and therefore the alleged conduct is unforeseeable for the same reasons that doom Plaintiff's claim for negligent hiring, retention, supervision, and training. See Nouel v. 325 Wadsworth Realty LLC, 112 A.D.3d 493, 494 (N.Y.App.Div. 1st Dep't 2013) *32 (dismissing negligence claim both because of a lack of notice that employee had a propensity to commit sexual assault and because it was essentially duplicative of the claim for negligent 32 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 27/42 hiring, retention, and supervision). Nor are there any allegations suggesting that either Defendant Roberts or other faculty or staff have subjected students to similar conduct involving sexual harassment and/or assault in the past in the relevant areas or anywhere on campus, regardless of whether Defendant Ithaca College had notice of it. As a result, Plaintiff has not alleged facts to plausibly suggest that Defendant Roberts' on-campus conduct and Plaintiff's resulting harm were a foreseeable consequence of Defendant Ithaca College's alleged negligence in failing to protect Plaintiff from Defendant Roberts and others, and thus any duty it had to protect students from conduct by its employees does not extend to Defendant Roberts' conduct in this instance. The Court also notes that, in addition to the allegations regarding the duty discussed above, Plaintiff alleges that Defendants breached its duty of care to Plaintiff by negligently, carelessly, or recklessly publishing their Title calendar. (Dkt. No. 1, Attach. 1, at \u00b6 122.) However, Plaintiff has not included any allegations regarding whether the Title calendar was meant to be private but was accidentally made public, or whether the Title calendar is typically public in the absence of a request for privacy. Nor has he identified any authority to suggest that such a duty to manage the privacy of the school's Title calendar exists under the common law, as opposed to being a contractual or statutory duty created by Title IX. It is worth noting that 34 C.F.R. \u00a7 106.45 requires the \u201crecipient\u201d of a grievance under Title (in this case, Defendant Ithaca College) \u201cto take reasonable steps to protect the privacy of the parties and witnesses during the pendency of a recipient's grievance procedures.\u201d 34 C.F.R. \u00a7 106.45(b)(5). *33 This suggests that Plaintiff's privacy concerns arise under federal statutory law as opposed to some common law duty. 33 Plaintiff cites Doe v. Sarah Lawrence College, 453 F.Supp.3d 653 (S.D.N.Y. 2020), in which the court found a special duty arose after the defendant college \u201cled [plaintiff] to believe that an investigation and prompt action would occur\u201d related to her Title report based on the principle that \u201ca duty may be imposed upon a college when it has encouraged its students to participate in an activity and has taken affirmative steps to supervise and control the activity.\u201d Doe, 453 F.Supp.3d, at 669 (quoting Doe v. Union College, 19-CV-0284, 2020 1063063, at *7 [N.D.N.Y. Mar. 5, 2020] [Sharpe, J.]). 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 28/42 The allegations in that case specifically included an allegation that, during a meeting with a Title investigator and the Title Coordinator, the plaintiff was \u201cinformed that the matter would be investigated and possible additional measures would be taken,\u201d and that the defendant college led her to believe that she had made a formal complaint that would result in an investigation and prompt action. Doe, 453 F.Supp.3d, at 660. Here, Plaintiff alleges as follows: (a) he filed a formal complaint regarding Defendant Roberts' actions at some point after May 18, 2023, and Defendant Ithaca College's Title office engaged in an investigation during the Summer of 2023; (b) he saw that the \u201cTitle office's investigative and meeting calendar was public to all students, faculty, and staff\u201d on June 17, 2023 ; (c) \u201c[u]pon seeing the public nature of the calendar, [he] immediately reached out to Defendants' Title office and asked that they make the calendar private\u201d; and (d) upon his information and belief, \u201calmost three days passed before the calendar was made private,\u201d during which time \u201c[o]ther students began reaching out to Plaintiff, asking about the case, and rumors *34 began to flow about Plaintiff.\u201d (Dkt. No. 1, Attach. 1, at \u00b6\u00b6 101- 104.) Plaintiff has not included any factual allegations plausibly suggesting that Defendant Ithaca College ever made statements or gave him reason to believe that the Title calendar would be private that would constitute some \u201caffirmative step\u201d upon which Plaintiff relied when engaging in the Title process. As a result, Doe does not suggest that a special duty exists in this case. 8 34 9 8 Plaintiff does not allege what information was included on this public calendar. 9 In his opposition memorandum of law, Plaintiff elaborates on this assertion, stating that he was \u201csubjected to gossip and cyber-bullying\u201d as a result of the publication. (Dkt. No. 26, Attach. 1, at 15.) The assertion of \u201ccyber- bullying\u201d notably is not contained within the Complaint itself and cannot be reasonably inferred from Plaintiff's allegation that other students \u201casked\u201d him about the case, and therefore cannot be considered on this motion. Plaintiff also notably does not allege that the harassing messages sent to him by Defendant Roberts following the filing of his Title complaint were a result of the publication of the Title calendar; instead, the Complaint 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 29/42 appears to suggest that such harassment occurred before the publication of the Title calendar. (Dkt. No. 1, Attach. 1, at \u00b6\u00b6 93-97.) For all of the above reasons, the Court finds that Plaintiff's negligence claim against Defendant Ithaca College must be dismissed. 2. Defendant Roberts As to Defendant Roberts, Plaintiff asserts that Defendant Roberts had, as a consequence of his position as Associate Dean, \u201ca duty to exercise his power over Plaintiff wisely,\u201d citing no authority to support that assertion. (Dkt. No. 27, Attach. 1, at 7.) Defendant Roberts argues, by contrast, that no duty exists because (a) New York does not recognize a duty in loco parentis of a college to their students, and (b) Plaintiff has not identified any duty that he would have owed Plaintiff as a result of his job title that he would not have owed to the general public. (Dkt. No. 17, Attach. 1, at 9-10.) Defendant Roberts arguments regarding the absence of any duty to Plaintiff are unavailing. Although Defendant Roberts is correct that New York rejects the doctrine of in loco parentis as to colleges, as was discussed above, such finding indicates only that there is no *35 general legal duty for colleges (and presumably college administrators) to shield students from the activities of other students, not that there is no duty owed by such administrators or the college to protect the student from actions by those administrators or the college itself. 35 Additionally, Hayut v. State Univ. of New York, 352 F.3d 733 (2d Cir. 2003), does not support Defendant's argument. (Dkt. No. 17, Attach. 1, at 9-10.) Hayut involved a situation that is not wholly analogous to the allegations against Defendant Roberts: in that case, the defendant who held the position of assistant dean was not the same individual who sexually harassed the plaintiff, and the plaintiff sought to hold that defendant responsible instead for a failure to properly supervise the responsible individual under Section 1983; the negligence claim in that case was premised on the actions of the university and various administrators, and the issue of duty arose related to a failure by university employees to report sexual harassment allegations to the responsible university official. Hayut, 352 F.3d at 755. The fact that the Second Circuit found no duty to notify the university official of the 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 30/42 plaintiff's sexual harassment complaint, investigate the allegations, or follow up with plaintiff to make sure her harm was rectified in that case does not translate to a finding that there is no duty owed by a school administrator (such as an Associate Dean) to a student in any situation that might occur. Neither party has submitted any compelling argument based in relevant authority to support a finding of whether or not a duty existed as to Defendant Roberts; and the reason for that failure appears to be because Plaintiff's claim against Defendant Roberts simply does not sound in negligence. The basis of Plaintiff's negligence claim against Defendant Roberts specifically (i.e., as an individual related to his own actions towards Plaintiff rather than as supervisor or person who can be held vicariously liable for the conduct of a non-defendant third *36 party) involves allegations of sexual harassment, threats, and nonconsensual or unwanted sexual abuse/assault, all of which are intentional actions. See Allstate Ins. Co. v. Mugavero, 79 N.Y.2d 153, 163 (N.Y. 1992) (characterizing conduct such as assault, sodomy, and sexual abuse as being \u201cintrinsically intentional acts\u201d that are \u201ctotally inconsistent\u201d with an assertion that those acts were committed negligently or carelessly). Because the conduct underlying this claim consists of intentional acts, Plaintiff cannot state a cause of action for negligence against Defendant Roberts related to that conduct. See Shapiro v. Jacobson, 23-CV-3964, 2024 3675943, at *8 (S.D.N.Y. Aug. 5, 2024) (finding that intentional conduct cannot form the basis of a negligence claim) (citing Fernandez v. Fernandez, 216 A.D.3d 743, 745 [N.Y. A.D.2d Dep't 2023]); accord Cummins v. Schouten, 160 A.D.2d 1165, 1165 (N.Y.App.Div. 3rd Dep't 1990). Plaintiff's negligence claim against Defendant Roberts therefore is dismissed. 36 3. Vicarious Liability for Negligence of Others As part of his negligence claim, Plaintiff also asserts that both Defendants \u201care vicariously liable and responsible for the acts and omissions of their employees and are responsible for their own acts and omissions which caused, allowed, and permitted his acts of sexual abuse and sexual assault to occur under the Corporate Complicity doctrine, as Defendants' superior officers authorized, participated in, consented to, ratified, and/or affirmed the conduct in question.\u201d (Dkt. No. 1, Attach. 1, at \u00b6 128.) 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 31/42 Although it is not apparent that Plaintiff intended to claim the vicarious liability of Defendant Ithaca College based on the doctrine of respondeat superior, the Court finds that, for the sake of completeness, any such claim would be legally insufficient because that doctrine permits a finding of vicarious liability only for \u201ctorts committed by an employee acting within *37 the scope of the employment,\u201d and sexual abuse/assault could not be considered to be within the scope of Defendant Roberts' job as Associate Dean. Judith M. v. Sisters of Charity Hosp., 93 N.Y.2d 932, 933 (N.Y. 1999); see also Montalvo v. Episcopal Health Servs., Inc. 102 N.Y.S.3d 74, 77 (N.Y. A.D.2d Dep't 2019) (noting that \u201c[a]n act is considered to be within the scope of employment if it is performed while the employee is engaged generally in the business of the employer, or if the act may be reasonably be said to be necessary or incidental to such employment,\u201d and \u201c[a] sexual assault perpetrated by an employee is not in furtherance of an employer's business and is a clear departure from the scope of employment, having been committed for wholly personal motives\u201d). 37 Plaintiff does explicitly rely on the \u201cCorporate Complicity doctrine\u201d as the basis for a claim of vicarious liability, but the Court notes as an initial matter that the doctrine under New York law is related only to whether punitive damages may be assessed against a corporate employer, not whether that employer is vicariously liable in the first instance. See Benson v. Syntex Labs, Inc., 249 A.D.2d 904, 904-05 (N.Y.App.Div. 4th Dept. 1998); see also Loughry v. Lincoln First Bank, N.A., 67 N.Y.2d 369, 378 (N.Y. 1986) (\u201c[P]unative damages can be imposed on an employer for the intentional wrongdoing of its employees only where management has authorized, participated in, consented to or ratified the conduct giving rise to such damages, or deliberately retained the unfit servant.\u201d). Although Plaintiff has asserted that he may intend to seek punitive damages, he cannot be entitled to any such damages unless he first establishes that the relevant Defendant(s) are liable for the alleged conduct. Thus, to the extent that Plaintiff attempts to claim that Defendants are vicariously liable for employee conduct specifically as a result of the corporate complicity doctrine, that claim is not consistent with New York law and is *38 not a legally cognizable claim based on vicarious liability. 38 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 32/42 Moreover, even if such theory could sustain a finding a liability (as opposed to merely the imposition of punitive damages), Plaintiff has not alleged facts plausibly suggesting that Defendant Roberts (or any of the other alleged non-defendant harassers) constitute superior officers of Defendant Ithaca College. Under New York law, a superior officer is \u201cmore than an agent, or \u2018ordinary' officer, or employee vested with some supervisory or decision- making responsibility,\u201d but rather \u201ccontemplate[s] a high level of general managerial authority in relation to the nature and operation of the employer's business.\u201d Loughry, 67 N.Y.2d at 380. \u201cThe agent's level of responsibility within the entity should be sufficiently high that his participation in the wrongdoing renders the employer blameworthy, and arouses the \u2018institutional conscience' for corrective action.\u201d Loughry, 67 N.Y.2d at 380-81. Instructively, the New York Court of Appeals noted in Loughry that a job title alone is insufficient to classify an employee as a superior officer where there is no indication of the \u201csignificance\u201d of the employee's responsibilities in terms of relevant management for the corporate entity, and ultimately found that an individual with the title of \u201cvice-president and manager of the real estate department and director of corporate security\u201d was not a superior officer because there was no evidence he actually had \u201cany significant managerial function in relation to bank operations.\u201d Id. at 381. In this case, Plaintiff's allegations that Defendant Roberts and others are superior officers appear to be related almost exclusively to their job titles: Associate Dean for Defendant Roberts, Degree Program Director for Mr. Bryant, and Associate Director for Mr. Trunzo. (Dkt. No. 1, Attach. 1, at \u00b6\u00b6 129-31.) In his opposition memorandum of law, Plaintiff argues that he has indeed pled that Defendant Roberts is a superior officer, because Defendant Roberts is either *39 \u201cone of the highest-ranking individuals at the Ithaca College Park School\u201d or \u201cthe head of the entire Park School\u201d (although neither of these allegations appears in the Complaint), and because he holds the title of Associate Dean and [h]is title alone gives inference that he likely had some degree of power within the institution.\u201d (Dkt. No. 27, Attach. 1, at 7-8.) This reliance on the fact of Defendant Roberts' title alone and vague allegations that he had some undetermined level authority in the Park School are simply insufficient to plausibly suggest that he is a superior 39 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 33/42 officer. Plaintiff himself admits that he has little understanding of Defendant Roberts' \u201cday-to-day duties at this early stage in litigation.\u201d (Dkt. No. 27, Attach. 1, at 7.) However, it is Plaintiff's understanding at this stage that matters, and it is his responsibility to allege facts plausibly suggesting the claims he has asserted against Defendants, and Defendants have no duty to provide discovery on that matter until such plausibility threshold has been crossed. In response, Defendants have noted that Defendant Roberts is indeed not the \u201chead of the entire Park School,\u201d but rather only one of several Associate Deans who are all overseen by the Dean of the Park School. (Dkt. No. 28, at 7.) They further argue that, in addition to the actual Dean of the Park School, that School itself is overseen by higher-ranking College officials, such as the Provost and the President. (Dkt. No. 30, at 6 n.1.) Because Plaintiff has not pled any facts regarding the significance of Defendant Roberts' (or any of the other relevant individuals') responsibilities related to management of Defendant Ithaca College, he has failed to plausibly allege that any of those individuals are superior officers. Thus, even if the corporate complicity doctrine might have any relevance related to an assertion of entitlement to punitive *40 damages, Plaintiff has failed to plausibly allege such claim. 10 40 10 The Court notes that it need not take Plaintiff's allegations regarding Defendant Roberts' rank in the Park School as true even at this stage because he did not include such allegations in his Complaint, but raised them for the first time in his opposition memorandum of law. Wright, 152 F.3d at 178 (2d Cir. 1998); accord Fitzsimons, 2024 221550, at *2 (citing Soules, 882 F.3d at 56). For all of the above reasons, Plaintiff's negligence claims must be dismissed. C. Whether Plaintiff Has Plausibly Stated Claims for and After careful consideration, the Court answers this question in the negative for his claims for as to both Defendants and his claim for as to Defendant Ithaca College, but in the affirmative for his claim for as to Defendant Roberts. 1 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 34/42 \u201cTo plead a negligent infliction of emotional distress claim under New York law, a plaintiff must allege (1) a breach of a duty owed to the plaintiff; (2) emotional harm; (3) a direct causal connection between the breach and the emotional harm; and (4) circumstances providing some guarantee of genuineness of the harm.\u201d Francis v. Kings Park Manor, Inc., 992 F.3d 67, 81 (2d Cir. 2021). The two ways in which a plaintiff can guarantee the genuineness of the harm are (1) showing that the defendant's breach of its duty \u201c\u2018unreasonably endangered' the plaintiff's physical safety,\u201d which requires \u201c\u2018a physical injury or the threat of danger, either to the plaintiff . . . or to a close family member,\u201d or (2) the existence of special circumstances such as \u201cwhere an individual is misinformed by a medical provider that a loved one has died, where a corpse has been mishandled, or where an individual, without consent, has been videotaped using the bathroom.\u201d Potrzeba v. Sherburne-Earlville High Sch., 23-CV-0191, 2023 8827178, at *12 (N.D.N.Y. Dec. 21, 2023) (Sannes, C.J.) (citing e.g., Baker v. Dorfman, 239 F.3d 415, 421 [2d Cir. 2000]; Green v. City of Mount Vernon, 96 F.Supp.3d 263, 298 [S.D.N.Y. 2015]; Johnson v. State, 37 N.Y.2d 378, 381-82 [N.Y. 1975]). Plaintiff has first asserted a claim for related to Defendants' failure to protect him *41 from \u201cthe negligent, improper, unlawful and egregious sexually abusive conduct\u201d committed by the relevant individuals. (Dkt. No. 1, Attach. 1, at \u00b6 162.) Contrary to Plaintiff's unsupported argument, a threat to physical safety or fear of physical harm is a requirement for pleading a claim in the absence of other special circumstances that would provide some guarantee of the genuineness of his distress; his assertion that he was \u201ctraumatized\u201d as evidenced by his participation in therapy is insufficient to sustain that burden. (Dkt. No. 27, Attach. 1, at 11-12.) However, Plaintiff's argument that there is a physical threat inherent in forced sexual conduct is sufficient at this stage to plausibly suggest that element of the claim. (Id.) 41 Although it is true that Plaintiff has not explicitly alleged that he feared for his physical safety or that the alleged conduct of Defendant Roberts unreasonably endangered his physical safety, he does allege that Defendant Roberts forced or coerced him to engage in physical sexual contact on multiple occasions and forced sexual contact can certainly endanger physical safety. Furthermore, although the evidence may suggest that the 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 35/42 specific conduct did not unreasonably endanger Plaintiff's physical safety, the Court cannot say as a matter of law that forced sexual contact could not satisfy that requirement. See Doe v. Uber Techs., Inc., 551 F.Supp.3d 341, 363-64 (S.D.N.Y. 2021) (stating that \u201c[a cause of action may lie where the conduct at issue included \u2018sexual assault or battery, or threat thereof'\u201d). Plaintiff has thus pled this element of his claim. Whether Plaintiff has pled a claim for therefore comes down to whether he has sufficiently pled the existence, and breach, of a duty. As to Defendant Roberts as an individual, the Court notes that Plaintiff cannot sustain an claim based on the alleged harassment, threats, and sexual abuse/assault for the same reason discussed above related to the generic *42 negligence claim, namely because those are intentional acts. Also as was discussed previously, Defendant Ithaca College's duty to protect its students from actions of its employees does not extend to Defendant Roberts' conduct, particularly because Plaintiff has not sufficiently alleged that Defendant Ithaca College had notice that any such conduct was occurring on its campus, and thus an claim cannot lie in that respect either. 42 Lastly, to the extent that Plaintiff has asserted an claim based on an alleged duty to stop the publication of the Title calendar, that claim fails because Plaintiff alleges only that the breach of such duty caused him \u201csevere emotional distress\u201d and there are no allegations to plausibly suggest that it also unreasonably endangered his physical safety or caused him to fear for his safety. (Dkt. No. 1, Attach. 1, at \u00b6 162.) Indeed, in his opposition memorandum of law, Plaintiff argues only that, as a result of the publication of the calendar, he was \u201csubjected to gossip and cyber-bullying,\u201d allegations that, even if they were properly included in the Complaint, do not plausibly suggest any endangerment of his physical safety or that he was made to fear for his safety. For the above reasons, Plaintiff's claims are dismissed. 2 claim of requires a showing of four elements: (1) \u201cextreme and outrageous conduct\u201d; (2) \u201cintent to cause, or disregard of a substantial probability of causing, severe emotional distress\u201d; (3) a causal connection 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 36/42 between the conduct and injury\u201d; and (4) \u201csevere emotional distress.\u201d Lea v. McNulty, 227 A.D.3d 971, 974 (N.Y. A.D.2d Dep't 2024) (quoting Howell v. New York Post Co., 81 N.Y.2d 115, 121 [1993]). \u201c[C]ourts have tended to focus on the outrageousness element, [as it is] the one most susceptible to determination as a *43 matter of law\u201d and is \u201crigorous and difficult to satisfy.\u201d Lea, 227 A.D.3d at 974 (citing Howell, 81 N.Y.2d at 121; Taggart v. Costabile, 131 A.D.3d 243, 249 [N.Y. A.D.2d Dep't 2015]) (internal quotation marks omitted). \u201cTo satisfy the outrageous element, the alleged conduct must be \u2018so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized society.'\u201d Lea, 227 A.D.3d at 974 (quoting Murphy v. American Home Prods. Corp., 58 N.Y.2d 293, 303 [N.Y. 1983]). 43 As to Defendant Roberts, Plaintiff asserts that is would be \u201cabsurd\u201d to find as a matter of law that Defendant Roberts' conduct, including \u201cpressuring a 19-year-old into sex, while threatening the student's scholarship and future,\u201d is not extreme and outrageous. (Dkt. No. 27, Attach. 1, at 12.) As Defendants argue in response, the conduct alleged here is somewhat analogous to that in Coleman v. Grand, 523 F.Supp.3d 244 (E.D.N.Y. 2021), which the U.S. District Court for the Eastern District of New York found to not rise to the level of sustaining an claim; that conduct included an older and more prominent member of the orchestra of which the plaintiff was also a member using his position of relative power to manipulate the plaintiff into a sexual relationship, and threatening her career and withholding performance opportunities from her if she withheld sex. Coleman, 523 F.Supp.3d at 266-67 (noting that the standard for extreme and outrageous conduct for such a claim is an \u201cexceedingly high bar\u201d to meet). However, the Court cannot ignore that other case law indicates that allegations of sexual battery can be sufficient to constitute conduct that is extreme and outrageous. See Cowan v. City of Mount Vernon, 95 F.Supp.3d 624, 656-57 (S.D.N.Y. 2015) (finding alleged conduct to *44 be extreme and outrageous where there was both \u201cpervasive sexual harassment\u201d and instances of battery over a nearly year-long period, including \u201cfeeling her back, pinching her buttocks, slapping and/or squeezing her buttocks, grabbing her chest, and rubbing his crotch against her,\u201d as well as exposing his penis and blocking her from leaving a room). Plaintiff has alleged that, in 44 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 37/42 addition to pressuring him for sex, Defendant Roberts sexually assaulted and/or engaged in unwelcome sexual contact (including at least one instance of group sex) with him on multiple occasions between December 2021 and April 2023, in addition to other incidents such as \u201ccorner[ing]\u201d and \u201cstradd[ling]\u201d Plaintiff in the Dean's Suite while \u201cgroping himself, rubbing his own genitals, and forcefully pinching Plaintiff's nipples\u201d on January 24th, 2022. (Dkt. No. 1, Attach. 1, at \u00b6 54.) His allegations therefore contain clear instances of sexual battery similar to those in Cowan. In a recent case involving sexual abuse, one New York appellate court outlined \u201ccertain \u2018markers of outrage' that inform whether a plaintiff has identified extreme and outrageous conduct,\u201d which includes whether a defendant (a) \u201chas abused a power or position of dominance,\u201d (b) \u201cemotionally harmed a plaintiff known by the defendant to be especially vulnerable,\u201d and (c) \u201crepeats or continues undesirable acts, especially when the plaintiff cannot avoid the acts.\u201d Brown v. Riverside Church in City of New York, -N.Y.S.3d -, 2024 3528948, at *4 (N.Y.App.Div. 1st Dep't July 25, 2024). It is unquestionable that Plaintiff has alleged that Defendant Roberts abused a position of power or dominance, given his allegations that Defendant Roberts specifically threatened his scholarship and position in the Park School and his future employment prospects in order to pressure Plaintiff into a continued sexual relationship. Moreover, although there is no reason to believe that Plaintiff was \u201cespecially *45 vulnerable,\u201d it is alleged that Defendant Roberts repeated his actions, including the unwanted sexual contact, for nearly two years while Plaintiff was a student, and that he approached Plaintiff at least twice in on-campus locations (once in the Dean's Suite and once in the Park Scholars Lounge) to engage in sexual contact, flirt, or attempt to initiate sexual contact with Plaintiff. While it is true that the allegations acknowledge that Plaintiff was sometimes able to avoid such contact by refusing or leaving, the allegations that he feared consequences to his collegiate or post-graduate career by engaging in such refusals raise at least an inference that he was not able to completely avoid Defendant Roberts' alleged acts. 45 Based on the allegations of repeated unwanted sexual contact by an individual in a position of power over Plaintiff, the Court finds that Plaintiff has alleged facts at least plausibly suggesting that such conduct is 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 38/42 outrageous and extreme. The Complaint further alleges facts plausibly suggesting that Defendant Roberts disregarded a substantial probability of causing severe emotional distress, particularly through allegations that he expressed that he did not feel safe or happy and that Defendant Roberts, despite \u201cknowing that Plaintiff's mental health was declining as a result of the abuse,\u201d continued to engage in the same conduct. (Dkt. No. 1, Attach. 1, at \u00b6\u00b6 66-67, 70-75, 80, 84-87.) Lastly, Plaintiff has alleged facts at least plausibly suggesting that he suffered such emotional distress, including allegations that his mental health was \u201cspiraling\u201d and \u201cdeclining\u201d because of Defendant Roberts' conduct, that he was experiencing distress over whether he might lose his scholarship or career opportunities, and that, in May 2022, he considered transferring schools to \u201cget away\u201d from Defendant Roberts and requested to graduate early; whether he would be able to substantiate such distress with medical or other evidence is not at issue at this stage. As a result, Plaintiff has sufficiently stated a claim *46 of against Defendant Roberts to survive the motion to dismiss. 46 As to Defendant Ithaca College, however, Plaintiff's allegation that Defendant Ithaca College acted in an extreme and outrageous manner by ignoring Defendant Roberts' alleged conduct cannot succeed because, as has already been discussed above, Plaintiff has not alleged facts to plausibly suggest that Defendant Ithaca College had notice of any such conduct until it was brought to the attention of the Title office; and Plaintiff has not alleged facts plausibly suggesting that the fact that faculty and staff were publicly using Grindr (even if Defendant Ithaca College knew about that use, something that Plaintiff has not sufficiently alleged) means that Defendant Ithaca College disregarded a substantial probability that their inaction to stop such ostensibly consensual sexual conduct constitutes a disregard of a serious risk of emotional harm to students like Plaintiff tied to sexual assault. Further, the action of making the Title calendar publicly viewable for three days also does not constitute extreme or outrageous conduct under the standard described above and Plaintiff has cited no authority to suggest that it does. 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 39/42 Nor does Plaintiff's allegation that Defendant Ithaca College refused to conduct a Title investigation of the non-defendant individuals constitute extreme or outrageous conduct where Plaintiff's own Complaint alleges that (a) the official Title report he filed was against Defendant Roberts only, (b) he did not report details about the actions of the non-defendant individuals to Defendant Ithaca College until the Title investigation was already ongoing, (c) Defendant Ithaca College conducted \u201cHuman Resources investigations\u201d into those individuals, and (d) Defendant Ithaca College ultimately found that one of the non-defendant individuals violated both its intimate relationship policy and sexual harassment policy, and that two other *47 individuals violated its intimate relationship policy. (Dkt. No. 1, Attach. 1, at \u00b6\u00b6 94, 98-99, 173.) Defendant Ithaca College clearly investigated and resolved the conduct related to the non-defendant individuals (with one individual being fired and another resigning from his position after being found to be in violation), regardless of the fact that they chose not to pursue that investigation under Title specifically. Such actions cannot be considered beyond all possible bounds of decency. For these reasons, Plaintiff has failed to allege facts plausibly suggesting a claim of against Defendant Ithaca College. 47 For the above reasons, Plaintiff's claim for is dismissed as against Defendant Ithaca College, but the motion to dismiss that claim against Defendant Roberts is denied. ACCORDINGLY, it is that Defendant Roberts' motion to dismiss (Dkt. No. 17) is in part and in part; and it is further that Defendant Ithaca College's motion to dismiss (Dkt. No. 18) is ; and it is further that the following claims are : (1) Plaintiff's claims for negligent hiring, retention, training, and supervision against both Defendant Ithaca College and Defendant Roberts; 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 40/42 (2) Plaintiff's claims for negligence against both Defendant Ithaca College and Defendant Roberts; (3) Plaintiff's claims for against both Defendant Ithaca College and Defendant Roberts; and (4) Plaintiff's claim for against Defendant Ithaca College; and it is *48 further 48 that the following claims Defendants' motions: (1) Plaintiff's claim for a violation of Title against Defendant Ithaca College; and (2) Plaintiff's claim for against Defendant Roberts. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 41/42 Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/16/25, 11:33 Doe v. Ithaca Coll., 3:23-cv-1600 (GTS/ML) | Casetext Search + Citator 42/42"} |
8,689 | Nicholas Christenfeld | University of California – San Diego | [
"8689_101.pdf",
"8689_102.pdf",
"8689_103.pdf",
"8689_104.pdf"
] | {"8689_101.pdf": "Professor Sent a Student Porn. Here\u2019s Why it Took a Year to Fire Him. by Ethan Coston February 17, 2021 The University of California San Diego campus / Image via Shutterstock By the time the University of California Board of Regents fired former San Diego psychology professor Nicholas Christenfeld in November 2019 for sexual misconduct, more than a year had passed since he\u2019d emailed a student pornographic material \u2013 something he has said was an accident. 2/16/25, 11:33 Professor Sent a Student Porn. Here\u2019s Why it Took a Year to Fire Him. 1/7 Christenfeld had been the subject of multiple complaints over more than a decade. That he received nothing more than a warning as a result of those complaints, and that a year elapsed between the incident for which he was fired and his dismissal illustrate the complex and lengthy procedures governing discipline for tenured faculty members. Until 2019, those procedures lacked solid deadlines. Yet even with the new structure, some key decisions still lack clear procedures and timeframes. In September 2018, UCSD\u2019s Office for the Prevention of Harassment and Discrimination found that Christenfeld had emailed one of his students pornographic material, according to records obtained through a public records lawsuit. He was placed on leave that same month, said communications officer Christine Clark. Eight days after Christenfeld\u2019s firing, a representative on the system-wide Academic Senate announced that the university was working on a new policy banning the transfer of \u201cobscene material\u201d through university equipment following \u201cevents that happened on the campus.\u201d According to the investigation report, Christenfeld told an investigator he accidentally sent the pornography; he meant to email the photos to a friend. He offered a slightly different explanation to the student in an email apology, the report notes, in which he wrote that the email had been intended for his wife. The report said he told the investigator \u201cif he was trying to come on to a student this would be an \u2018awkward\u2019 and \u2018bizzare way to do it.\u2019\u201d \u201c[Christenfeld] has an obligation as a professor and as someone who has studied psychology to understand the ethical and moral obligation to his students,\u201d the report said the unnamed student who filed the Title complaint told the investigator. UCSD\u2019s investigation found that Christenfeld may not have intended to email the student, but his conduct still constituted a Title violation because the email was \u201cof a sexual nature\u201d and it negatively affected the student\u2019s academic experience. Christenfeld could not be reached for comment Pattern of Poor Judgement\u2019 According to separate documents obtained by Voice of San Diego, five people previously filed complaints against Christenfeld for sexual misconduct, ranging from inappropriate relationships to sexual harassment. And he had a history of dating students, the documents suggest. 2/16/25, 11:33 Professor Sent a Student Porn. Here\u2019s Why it Took a Year to Fire Him. 2/7 In 2004, a student filed a sexual harassment complaint against him because his staring made her uncomfortable. The student also reported hearing rumors that Christenfeld dated students. In response, the Office for the Prevention of Harassment and Discrimination held a \u201cwarning and education meeting\u201d with Christenfeld. In 2008, an unidentified individual filed a complaint against Christenfeld for dating a student. According to the documents did not conduct an investigation because Christenfeld and the student did not have a supervisory relationship. Under policy, faculty may not date students if they have, or may have, an academic relationship similar complaint filed in 2013, however, did lead to an investigation. The report shows that two people working for Christenfeld\u2019s department went to his office and found him with a student. His actions, according to the report, led them to believe they interrupted \u201cintimate activity\u201d between him and the student. The student was previously in his class, but the investigation found they started dating after that class had ended. The university, however, found Christenfeld guilty of a \u201clie by omission\u201d because he did not recuse himself from evaluating the student\u2019s application during the graduate school admissions process, which occurred while they were dating. The documents say the process ended with an \u201cearly resolution\u201d \u2013 the details of which, said communications officer Erika Johnson, are \u201cconfidential personnel record\u201d and can\u2019t be disclosed. \u201cHis relationship with [the student] appears to be part of a pattern of poor judgement regarding appropriate interactions with students,\u201d wrote the investigator in the report. In 2014 found Christenfeld didn\u2019t violate sexual harassment policy in a separate instance, though the university\u2019s reasoning isn\u2019t completely clear summary of the complaint, provided by the university, refers to \u201cher rejection of Respondent\u2019s sexual advances\u201d but doesn\u2019t elaborate. The university did not provide further information. Yet another complaint in 2017 caused the university to enact \u201cpreventative measures\u201d after an unidentified individual complained that Christenfeld was \u201cinappropriately flirtatious.\u201d But again, the details are lacking. The university did not provide further information. What it Takes to Get Fired Firing a tenured professor in the system is a lengthy process, and it can be confusing to all parties involved because sexual misconduct policy is constantly changing in response to lawsuits, policy workgroups 2/16/25, 11:33 Professor Sent a Student Porn. Here\u2019s Why it Took a Year to Fire Him. 3/7 and federal guidelines. More recently, the system amended the investigation procedure to add hearings during the appeal process following a court ruling in a lawsuit against the University of Southern California. In August 2020, the U.S. Department of Education implemented new Title guidelines mandating a hearing for sexual misconduct investigations and narrowing the definition of sexual misconduct. As a result, many colleges, including the system, created two sexual misconduct categories: Title sexual misconduct and non-Title sexual misconduct. In the system, Title sexual misconduct is subject to the hearing procedure, while sexual misconduct outside the scope of Title is investigated using a different procedure. Experts and advocacy organizations said the new Title guidelines could stifle reporting of sexual assault on campus because the new hearing process, with cross examination, could be retraumatizing for survivors. In May, Joseph Vincent, an associate consultant at Consulting, a group that consults on Title implementation, who also serves as an advisory member at the Association of Title Administrators, told Voice of San Diego the hearing procedures also give respondents who can afford attorneys an advantage over other respondents who may ask a friend or professor to represent them. After a Title investigation finds a staff member guilty, the report goes to the university chancellor to determine disciplinary action, if any. Tenured faculty are protected under a lengthy disciplinary process that requires the chancellor to file charges with the Academic Senate, then hold an Academic Senate committee hearing. But in order to fire a tenured professor, the chancellor must make a recommendation to the president following that process, and then the Board of Regents members vote on termination if the president agrees with the chancellor\u2019s recommendation. Before July 2019, there were no time limits for any step of the firing process. In July 2019, the procedures were amended to add limits to the chancellor\u2019s recommendations and the hearing process, but there are still no time limits for the president\u2019s or the Board of Regents\u2019 decisions, meaning termination proceedings can go on indefinitely. \u201cThe president and regents try to address this necessarily deliberative process as quickly as possible, even without stipulations on timing,\u201d said Office of the President communications specialist Stett Holbrook. The system\u2019s process is unusual, said Saundra Schuster, an Association of Title Administrators advisory member and a partner at Consulting. Schuster said that after the Title process, it\u2019s typical for the faculty member to go to departmental review or the academic senate, but it\u2019s unusual to go to the board of regents. 2/16/25, 11:33 Professor Sent a Student Porn. Here\u2019s Why it Took a Year to Fire Him. 4/7 \u201cIn some cases, and fairly extreme cases, it would go to a faculty senate vote, but going beyond that to a governing body that governs more broadly is pretty unusual,\u201d Schuster said San Diego\u2019s media relations department initially agreed to an interview with the chair of UCSD\u2019s Academic Senate Privilege and Tenure committee, but never scheduled the interview after several months of follow-ups. Change Is Unlikely The system is by no means the only one struggling to conform to Title policy. But what\u2019s happening in other parts of the country is being held up locally as a progressive model. At the University of Texas, Austin, the Coalition Against Sexual Misconduct, a student-run organization demanding accountability for faculty found guilty of sexual misconduct, overcame resistance from administrators to get several new Title policy reforms implemented. That includes an automatic termination \u2014 what\u2019s known as a presumptive firing policy \u2014 for all staff found guilty of certain types of sexual misconduct unless the complainant doesn\u2019t want the staff member fired. The coalition held several sit-ins before the school agreed to a student working group to explore policy changes. \u201cEach time, [the sit-ins] got bigger, and admin got more resistant to us. They even threatened to call the cops on us,\u201d coalition organizer Kaya Epstein, a student at Austin, said. \u201cAt some point, they agreed to form a working group because the press was really bad.\u201d 2/16/25, 11:33 Professor Sent a Student Porn. Here\u2019s Why it Took a Year to Fire Him. 5/7 This site uses Akismet to reduce spam. Learn how your comment data is processed. The university held a forum last year for students to voice concerns and share their experience with interpersonal violence. Epstein said the school had to create an overflow room for people to view a livestream of the forum because over 300 people showed up. \u201cIt was an admin massacre,\u201d she said. In March, the university agreed to several policy changes recommended by the working group and outside legal firm Hush Blackwell, which included a public list and presumptive firing policy for staff guilty of sexual misconduct, consolidation of the bureaucratic processes governing Title and implementation of a restorative justice process for survivors Austin implemented the new policies in August. Jeffery L. Graves, associate vice president for legal affairs, and Title Coordinator Adriana Alicea-Rodriguez told Voice of San Diego that no one has been fired under the new policy yet, and the list of staff hasn\u2019t been published because no one has met the criteria; the list is for staff found guilty of sexual misconduct who were not fired. In order to include students in the policy process, the system created a Title student advisory board in 2018. The board, made up of graduate and undergraduate students from each campus, released several recommendations in June 2019 to improve transparency and support for students. Holbrook told that many of the recommendations have been implemented or are on the path to implementation, including resources and training. But in November 2018 Santa Barbara undergraduate representative Jennifer Selvidge resigned, saying the university wasn\u2019t listening to students. In her letter, she said the University of California Office of the President suspended her from the board because it did not like her interpretations of the policy quoted in an article for The Daily Nexus Santa Barbara\u2019s student paper. \u201cIt is now my belief that this committee serves no purpose other than to soothe public pressures and stave off student activism,\u201d Selvidge wrote in her resignation letter. Schuster said the policy changes at Austin are highly unusual, and student activism is unlikely to cause the system to change Title procedures because the tenure process guarantees a certain level of protection. The regents set the policy granting only themselves the right to terminate tenured faculty, and any change would require the Board of Regents to agree to give that right to another organization, like the Academic Senate or president. 2/16/25, 11:33 Professor Sent a Student Porn. Here\u2019s Why it Took a Year to Fire Him. 6/7 \u00a9 2025 Voice of San Diego. All rights reserved. Powered by Newspack 2/16/25, 11:33 Professor Sent a Student Porn. Here\u2019s Why it Took a Year to Fire Him. 7/7", "8689_102.pdf": "Home University of California, San Diego Department of Psychology Nicholas J. S. Christenfeld Nicholas J. S. Christenfeld University of California, San Diego \u00b7 Department of Psychology 91 Publications 72,785 Reads 5,631 Citations Publications (91) The Geography of Health Article Nov 2020 Arseny Ryazanov \u00b7 Kirstie K. Russell \u00b7 Nicholas J. S. Christenfeld \u00b7 [...] \u00b7 Lee M. Cohen The profound connection between geography and health can be divided into two categories: indirect, where geography functions as a proxy for demographic differences between areas, such as differences in age structure, race, and ethnicity, and direct, where there is a causal link between a region's geography and the health of its population. Direct g... The Impact of Sexual Assault Prevention Information on Perceived Control and Victim Blaming Preprint Jul 2018 Carl Pierre Jago \u00b7 Arseny Ryazanov \u00b7 Nicholas J. S. Christenfeld Universities are required to educate students on the prevention of sexual assault. Victim-focused strategies, Contact Contact View Recruit researchers Join for free Login About Publications About Publications 91 Network Connect with experts in your fie Join ResearchGate to contact this researcher and connect with your scientific community. Join for free Log in 2/16/25, 11:34 Nicholas | University of California, San Diego, San Diego | Department of Psychology | Research profile 1/27 which suggest practical measures to minimize the risk of victimization, have become controversial for their potential to exacerbate victim-blaming attitudes. Five studies investigate whether, and when, victim blaming increases as a result o... On the Limited Role of Efficiency in Charitable Giving Article Full-text available May 2018 Arseny Ryazanov \u00b7 Nicholas J. S. Christenfeld Performance measurement is considered useful in guiding donations to charities. We investigated whether efficiency rates predominately guide donations relative to available alternatives, or influence donation amounts. Across four studies = 460), participants evaluating charity advertisements saw randomly assigned efficiency rates presented as ba... Cognitive-psychology expertise and the calculation of the probability of a wrongful conviction Article May 2018 Jeffrey Rouder \u00b7 John T. Wixted \u00b7 Nicholas J. S. Christenfeld Cognitive psychologists are familiar with how their expertise in understanding human perception, memory, and decision- making is applicable to the justice system. They may be less familiar with how their expertise in statistical decision- making and their comfort working in noisy real-world environments is just as applicable. Here we show how this ex... Incremental mindsets and the reduced forgiveness of chronic failures Article May 2018 Arseny Ryazanov \u00b7 Nicholas J. S. Christenfeld Holding an incremental, rather than fixed, mindset confers wide-ranging benefits. Such benefits may, however, be accompanied by increased judgmental harshness of others' shortcomings. Across 3 studies (Studies 1, 2a, 2b = 416), after an induction of either an entity or incremental view of empathy, aggression, or motivation, participants were ask... Intuitive Blaming of Peeping Toms Versus Cyber Peepers View +3 View View View 2/16/25, 11:34 Nicholas | University of California, San Diego, San Diego | Department of Psychology | Research profile 2/27 Preprint Apr 2018 Carl Pierre Jago \u00b7 Arseny Ryazanov \u00b7 Nicholas J. S. Christenfeld In a series of studies, we examine the existence and factors underlying a blaming discrepancy between responses to a cyber peeper and to a peeping Tom. The first study demonstrates reduced blame for a cyber peeper, and the subsequent eight studies hone in on major differences between the cyber peeping and peeping Tom scenarios that may contribute t... Intuitive Probabilities and the Limitation of Moral Imagination Article Full-text available Feb 2018 Arseny Ryazanov \u00b7 Jonathan Knutzen \u00b7 Samuel C. Rickless \u00b7 [...] \u00b7 Dana Kay Nelkin There is a vast literature that seeks to uncover features underlying moral judgment by eliciting reactions to hypothetical scenarios such as trolley problems. These thought experiments assume that participants accept the outcomes stipulated in the scenarios. Across seven studies = 968), we demonstrate that intuition overrides stipulated outcomes... The strategic value of essentialism Article Full-text available Dec 2017 Arseny Ryazanov \u00b7 Nicholas J. S. Christenfeld Social essentialism\u2014the belief that individuals contain an underlying essence determined by the social categories they belong to\u2014has generally been regarded as a harmful cognitive process that results in prejudice and other forms of injustice at the group level. Trait essentialism, also termed a fixed mindset\u2014the belief that people's trait levels a... Competition Breeds Desire Article Full-text available Dec 2015 Britta A. Larsen \u00b7 Arseny Ryazanov \u00b7 Jason T. Gravano \u00b7 Nicholas J. S. Christenfeld Desire spurs competition; here we explore whether the converse is also true. In one study, female quartets = 58) completed anagrams, with the winner to receive compact speakers; controls anagrammed without competition. In the View View View 2/16/25, 11:34 Nicholas | University of California, San Diego, San Diego | Department of Psychology | Research profile 3/27 other study, female quartets = 74) described their ideal first date to a male judge, who chose the best description; c... Seeing the Other Side Perspective Taking and the Moderation of Extremity Article Full-text available Feb 2015 Hannah M. Tuller \u00b7 Christopher J. Bryan \u00b7 Gail Heyman \u00b7 Nicholas J. S. Christenfeld Recognizing the reasonableness of others\u2019 positions is important for conflict reduction, but is notoriously hard. We tested a perspective-taking approach to decreasing attitude entrenchment. Participants were held accountable in a task in which they wrote about a controversial issue from the perspective of a partner with an opposing viewpoint. This... Amazing but true preference for fiction-like non- fiction Article Full-text available Dec 2014 Jonathan Leavitt \u00b7 Arseny Ryazanov \u00b7 Nicholas J. S. Christenfeld People find it important to know if a story is factual, but still the most popular stories, in such forms as books and movies, are fictional. Research suggests that a story being true may add value to the reader\u2019s experience, but other findings suggest that fiction may increase enjoyment by providing fewer disruptions to narrative comprehension. In... The fluency of spoilers: Why giving away endings improves stories Article Full-text available Jun 2013 Jonathan Leavitt \u00b7 Nicholas J. S. Christenfeld Spoilers, despite their name, seem to increase enjoyment of stories. This could be because readers enjoy reading expected endings, because knowing the ending allows them to appreciate aesthetic elements instead of guessing what will happen, or because knowing the ending increases fluency by enabling readers to correctly interpret clues and events.... View View View 2/16/25, 11:34 Nicholas | University of California, San Diego, San Diego | Department of Psychology | Research profile 4/27 Major memory for microblogs Article Full-text available Jan 2013 Laura Mickes \u00b7 Ryan Sean Darby \u00b7 Vivian Hwe \u00b7 [...] \u00b7 Nicholas J. S. Christenfeld Online social networking is vastly popular and permits its members to post their thoughts as microblogs, an opportunity that people exploit, on Facebook alone, over 30 million times an hour. Such trivial ephemera, one might think, should vanish quickly from memory; conversely, they may comprise the sort of information that our memories are tuned to... Emotion Chapter Sep 2012 Nicholas J. S. Christenfeld \u00b7 George Mandler There have been roughly as many theories of emotion as there have been people thinking about the topic. Despite several millennia of investigation, there is still little agreement about what constitutes an emotion, how many emotions there are, and whether such a number is even meaningful. One important and abiding distinction between various theori... Actors, observers and the estimation of task duration Article Full-text available Aug 2012 Michael Roy \u00b7 Nicholas J. S. Christenfeld \u00b7 Meghan Jones People are often wrong in estimating both how long tasks have taken in the past and how long they will take in the future. Bias could be due to factors such as task involvement, an individual's engagement or motivation in completing the task, or aspects of the task such as its relative duration or memory storage size associated with it. We examined... View View View View 2/16/25, 11:34 Nicholas | University of California, San Diego, San Diego | Department of Psychology | Research profile 5/27 The Immediate and Delayed Cardiovascular Benefits of Forgiving Article Full-text available Jul 2012 Britta Larsen \u00b7 Ryan Sean Darby \u00b7 Christine Harris \u00b7 [...] \u00b7 Nicholas J. S. Christenfeld Background: The putative health benefits of forgiveness may include long-term buffering against cardiovascular reactivity associated with rumination. Although studies show short-term benefits of adopting a forgiving perspective, it is uncertain whether this perspective protects against repeated future rumination on offenses, which may be necessary... Rumination as a Mediator of Chronic Stress Effects on Hypertension Causal Model Article Full-text available Feb 2012 William Gerin \u00b7 Matthew Zawadzki \u00b7 Jos Brosschot \u00b7 [...] \u00b7 Joshua Smyth Chronic stress has been linked to hypertension, but the underlying mechanisms remain poorly specified. We suggest that chronic stress poses a risk for hypertension through repeated occurrence of acute stressors (often stemming from the chronic stress context) that cause activation of stress-mediating physiological systems. Previous models have ofte... Who's funny: Gender stereotypes, humor production, and memory bias Article Full-text available Feb 2012 Laura Mickes \u00b7 Drew Walker \u00b7 Julian Parris \u00b7 [...] \u00b7 Nicholas J. S. Christenfeld It has often been asserted, by both men and women, that men are funnier. We explored two possible explanations for such a view, first testing whether men, when instructed to be as funny as possible, write funnier cartoon captions than do women, and second examining whether there is a tendency to falsely remember funny things as having been produced... View View View 2/16/25, 11:34 Nicholas | University of California, San Diego, San Diego | Department of Psychology | Research profile 6/27 Indeterminate motivations: Cardiovascular health costs of living in a social world. Chapter Jan 2012 Britta A. Larsen \u00b7 Nicholas J. S. Christenfeld Story Spoilers Don't Spoil Stories Article Full-text available Aug 2011 Jonathan Leavitt \u00b7 Nicholas J. S. Christenfeld The Influence of Medical and Legal Authorities on Deaths Facilitated by Physicians Article Full-text available Dec 2010 David P. Phillips PhD \u00b7 Nicholas J. S. Christenfeld \u00b7 Laura Glynn \u00b7 Alycia Steinberg This study investigated whether two widely publicized cases of deaths facilitated by physicians were followed by significant peaks in mortality. In March, 1991, Timothy Quill, MD, published a controversial editorial describing the physician-assisted suicide (PAS) of his 45-year-old, female leukemia patient. In a landmark decision in December 1990,... Humour, Tickle, and the Darwin-Hecker Hypothesis Article Full-text available Aug 2010 Christine R. Harris \u00b7 Nicholas J. S. Christenfeld Darwin (1872) and Hecker (1873) suggested that laughter induced by tickle and by humour share common underlying mechanisms. Seventy-two undergraduate students participated in a study designed to explore the relationship between the two phenomena. Subjects were tickled before and after viewing comedy and control videotapes. Subjects exhibiting more... Disentangling the Person and the Place as Explanations for Regional Differences in Suicide Article Jun 2010 Ilan Shrira \u00b7 Nicholas J. S. Christenfeld Identifying whether suicides in a region are due to characteristics of the residents living there or to some View View View View 2/16/25, 11:34 Nicholas | University of California, San Diego, San Diego | Department of Psychology | Research profile 7/27 enduring feature of the region is difficult when using cross- sectional studies. To distinguish these factors, we compared the suicides of a region's residents with people who were temporarily visiting the region. Using U.S. death records fro... Cognitive distancing, cognitive restructuring, and cardiovascular recovery from stress Article Feb 2010 Britta Larsen \u00b7 Nicholas J. S. Christenfeld Research suggests that phasic changes in cardiovascular reactivity can increase the risk of heart disease, yet much of this research has focused on the magnitude rather than the duration of reactivity. In recent years, studies have confirmed that recovery time is also a significant predictor of future heart cardiovascular disorders. Here we review... Cardiovascular Disease and Psychiatric Comorbidity: The Potential Role of Perseverative Cognition Article Full-text available Jan 2009 Britta Larsen \u00b7 Nicholas J. S. Christenfeld The high comorbidity between psychiatric disorders and cardiovascular disease has received increasing attention, yet little is known about the processes linking the two. One plausible contributing mechanism is the tendency of those with psychiatric disorders to ruminate on stressful events. This phenomenon, sometimes called perseverative cognition,... Correcting Memory Improves Accuracy of Predicted Task Duration Article Full-text available Sep 2008 Michael Roy \u00b7 Scott T. Mitten \u00b7 Nicholas J. S. Christenfeld People are often inaccurate in predicting task duration. The memory bias explanation holds that this error is due to people having incorrect memories of how long previous tasks have taken, and these biased memories cause biased predictions. Therefore, the authors examined the effect on increasing predictive accuracy of correcting memory through sup... View View View View 2/16/25, 11:34 Nicholas | University of California, San Diego, San Diego | Department of Psychology | Research profile 8/27 Exposure to the Stroke Buckle as a Risk Factor for Cerebrovascular Mortality Article Full-text available Apr 2008 Ilan Shrira \u00b7 Nicholas J. S. Christenfeld \u00b7 George Howard For decades, the Stroke Buckle region in the southeastern has had a high incidence of deaths from cerebrovascular disease relative to the rest of the country. We test here the possibility that temporary exposure to the Stroke Buckle can explain some of the excessive stroke mortality there. We examined all death records between 1979 and 1988,... The name game Article Full-text available Mar 2008 Nicholas J. S. Christenfeld \u00b7 Britta A. Larsen Names have meanings - historical, geographical, occupational, and so on - that transcend the individual, and while people do occasionally change their names to match their characters, the most intriguing hypothesis is that they change their characters to match their names. There is plenty for psychologists to get their teeth into. Why are names so... Effect of task length on remembered and predicted duration Article Full-text available Mar 2008 Michael Roy \u00b7 Nicholas J. S. Christenfeld Vierordt's (1868) law states that when estimating the duration of a previous task, people overestimate short durations and underestimate long ones. We examine whether this same pattern holds for remembered and predicted duration for tasks lasting between 1 and 15 min. In support of Vierordt's law and its extension to future duration estimates, task... Improving Cardiovascular Recovery From Stress With Brief Poststress Exercise Article Full-text available View View View 2/16/25, 11:34 Nicholas | University of California, San Diego, San Diego | Department of Psychology | Research profile 9/27 Jan 2008 Sky Chafin \u00b7 Nicholas J. S. Christenfeld \u00b7 William Gerin While exercising before a stressor has been shown to limit the magnitude of stress responses, we test the use of exercise as a coping mechanism after the stressor, to limit the duration of the stress response. After doing difficult mental arithmetic with harassment, male and female undergraduates = 102) either walked in place or sat still for 3... Don't yet name your child PIG: Reply to Morrison and Smith Article Full-text available Dec 2007 Nicholas J. S. Christenfeld Recreating cardiovascular responses with rumination: The effects of a delay between harassment and its recall Article Dec 2007 Laura Glynn \u00b7 Nicholas J. S. Christenfeld \u00b7 William Gerin Cardiovascular responses occur not only in the immediate presence of stressors, but also while later thinking about those experiences. Evidence suggests that these delayed responses, such as those produced by ruminating about prior angering experiences, may play an important role in the development of cardiovascular disease. We examine whether phys... Bias in memory predicts bias in estimation of future task duration Article Full-text available May 2007 Michael Roy \u00b7 Nicholas J. S. Christenfeld Both anecdotal accounts and experimental evidence suggest that people underestimate how long it will take them to complete future tasks possible reason for this tendency is that people remember tasks as taking less time than they actually did, with these biased memories causing a corresponding bias in prediction. Two experiments were performed t... View View View View 2/16/25, 11:34 Nicholas | University of California, San Diego, San Diego | Department of Psychology | Research profile 10/27 Positive and Negative Opinion Modeling: The Influence of Another's Similarity and Dissimilarity. Article Full-text available Apr 2006 Clayton Hilmert \u00b7 James Kulik \u00b7 Nicholas J. S. Christenfeld Modeling research that has focused on the effects of observing similar others appears to have underestimated the influence of observing dissimilar others. Two experiments demonstrated that observing a model express liking for a piece of music induced more favorable opinions of the music (positive modeling) when the model was similar to the particip... The Role of Angry Rumination and Distraction in Blood Pressure Recovery From Emotional Arousal Article Jan 2006 William Gerin \u00b7 Karina Davidson \u00b7 Nicholas J. S. Christenfeld \u00b7 [...] \u00b7 Joseph Schwartz Cardiovascular recovery of prestress baseline blood pressure has been implicated as a possible additional determinant of sustained blood pressure elevation. We hypothesize that angry ruminations may slow the recovery process within-subjects design was used in which resting baseline blood pressure and heart rate measurements were assessed on 60 s... Underestimating the Duration of Future Events: Memory Incorrectly Used or Memory Bias? Article Full-text available Sep 2005 Michael Roy \u00b7 Nicholas J. S. Christenfeld \u00b7 Craig Mckenzie People frequently underestimate how long it will take them to complete a task. The prevailing view is that during the prediction process, people incorrectly use their memories of how long similar tasks have taken in the past because they take an overly optimistic outlook variety of evidence is reviewed in this article that points to a different,... The broad applicability of memory bias and its coexistence with the planning fallacy: Reply to Griffin View View View 2/16/25, 11:34 Nicholas | University of California, San Diego, San Diego | Department of Psychology | Research profile 11/27 and Buehler (2005) Article Full-text available Sep 2005 Michael Roy \u00b7 Nicholas J. S. Christenfeld \u00b7 Craig Mckenzie People chronically underestimate how long tasks will take. In their original article, the present authors (M. M. Roy, N. J. S. Christenfeld, & C. R. M. McKenzie, suggested a simple, broadly applicable explanation: Biased predictions result from biased memories. In their comment article, D. Griffin and R. Buehler suggested that in many domains in wh... Dogs Still Do Resemble Their Owners Article Full-text available Sep 2005 Michael Roy \u00b7 Nicholas J. S. Christenfeld It need not be, in a rational, scientific world, that we should see the case for dogs resembling their owners as stronger than would any other observer of the available data, but it traditionally falls to the original authors to defend their original conclusions (Roy & Christenfeld, 2004), and we do so here. We also present new data, based on a new... Risk Factors, Confounding, and the Illusion of Statistical Control Article Full-text available Nov 2004 Nicholas J. S. Christenfeld \u00b7 Richard Sloan \u00b7 Douglas Carroll \u00b7 Sander Greenland When experimental designs are premature, impractical, or impossible, researchers must rely on statistical methods to adjust for potentially confounding effects. Such procedures, however, are quite fallible. We examine several errors that often follow the use of statistical adjustment. The first is inferring a factor is causal because it predicts an... Music can facilitate blood pressure recovery from stress Article Full-text available Oct 2004 Sky Chafin \u00b7 Michael Roy \u00b7 William Gerin \u00b7 Nicholas J. S. Christenfeld Interventions that reduce the magnitude of cardiovascular responses to stress are justified, at least in part, by the notion that exaggerated responses to stress can damage View View View 2/16/25, 11:34 Nicholas | University of California, San Diego, San Diego | Department of Psychology | Research profile 12/27 the cardiovascular system. Recent data suggest that it is worthwhile to explore, in addition to the magnitude of the cardiovascular responses during stress (reactivity), the fac... Do Dogs Resemble Their Owners? Article Full-text available Jun 2004 Michael Roy \u00b7 Nicholas J. S. Christenfeld We examined whether the frequent casual reports of people resembling their pets are accurate by having observers attempt to match dogs with their owners. We further explored whether any ability of observers to make such matches is due to people selecting dogs who resemble them, in which case the resemblance should be greater for predictable purebre... The Number System of the Old European Script Article Oct 2003 Eric Lewin Altschuler \u00b7 Nicholas J. S. Christenfeld The oldest (c. 4000 BC) undeciphered language is the Old European Script known from approximately 940 inscribed objects (82% of inscriptions on pottery) found in excavations in the Vinca-Tordos region Transylvania. Also, it is not known for what the script was used, but the prevailing theory is that it had a religious purpose. We note that more tha... Toward a Causal Model of Cardiovascular Responses to Stress and the Development of Cardiovascular Disease Article Full-text available Jan 2003 Amy Schwartz \u00b7 William Gerin \u00b7 Karina Davidson \u00b7 [...] \u00b7 Wolfgang Linden Cardiovascular reactivity is hypothesized to mediate the relationship between stress and cardiovascular disease. We describe three considerations that are crucial for a causal model of cardiovascular responses to stress: the need for laboratory-life generalizability, the role of interactions between environmental exposures and individual response p... The Role of Rumination in Recovery from Reactivity: Cardiovascular Consequences of Emotional States Article View View View View 2/16/25, 11:34 Nicholas | University of California, San Diego, San Diego | Department of Psychology | Research profile 13/27 Sep 2002 Laura Glynn \u00b7 Nicholas J. S. Christenfeld \u00b7 William Gerin While most investigations of the link between blood pressure responses and later disease have focused on acute reactivity during stressful tasks, there is some theoretical and empirical reason to believe that examining recovery and later re-creations of responses may also be useful. Two experiments explored situational determinants of sustained... The role of emotional regulation in the development of hypertension Article Sep 2002 William Gerin \u00b7 Karina Davidson \u00b7 Amy Schwartz \u00b7 Nicholas J. S. Christenfeld The origins of psychosomatic medicine were concerned with the relationship between one's method of anger expression and resultant blood pressure change. This literature has been controversial: some theorists proposed that expression of anger will relieve psychodynamic tensions, and possibly help the person gain insight; others have posited, in cont... The Varied Impact of Social Support on Cardiovascular Reactivity Article Full-text available Sep 2002 Clayton Hilmert \u00b7 James Kulik \u00b7 Nicholas J. S. Christenfeld Two experiments examine the hypothesis that the effect of social support on cardiovascular reactivity depends on participants' evaluative concerns and their motivation for task performance. In both experiments, heart rate and blood pressure were recorded while participants gave a speech to either a supportive or nonsupportive audience, with the exp... Audience status moderates the effects of social support and self-efficacy on cardiovascular reactivity during public speaking View View View 2/16/25, 11:34 Nicholas | University of California, San Diego, San Diego | Department of Psychology | Research profile 14/27 Article Full-text available Feb 2002 Clayton Hilmert \u00b7 Nicholas J. S. Christenfeld \u00b7 James Kulik Exaggerated blood pressure responses to stress are implicated in the development of cardiovascular disease, and an effort has been made to identify factors associated with such responses. One situational factor that impacts cardiovascular responses to stress is the presence of other people and their behavior. Here, we manipulated the status of the... On the reliable assessment of cardiovascular recovery: An application of curve-fitting techniques Article Aug 2000 Nicholas J. S. Christenfeld \u00b7 Laura Glynn \u00b7 William Gerin The underuse of cardiovascular recovery as an adjunct to reactivity may stem from a lack of research on how to assess the process reliably. We explore the test-retest reliability of three simple, intuitive approaches to measuring recovery, and of a more sophisticated curve-fitting technique. Eighteen young normotensive subjects experienced three st... Effects of an anger-recall task on poststress rumination and blood pressure recovery in men and women Article Aug 2000 Schwartz Gerin \u00b7 Nicholas J. S. Christenfeld Pickering Social support and cardiovascular reactivity Article Jul 2000 Nicholas J. S. Christenfeld Gerin Recent experimental work on the benefits of social support in buffering cardiovascular stress responses builds on prior epidemiological, psychological, and physiological work. Epidemiological data show that social integration is associated with better health, but cannot unambiguously establish causality (it could be that healthy people attract more... An historical context for behavioral models of hypertension Article View View View View 2/16/25, 11:34 Nicholas | University of California, San Diego, San Diego | Department of Psychology | Research profile 15/27 Apr 2000 William Gerin \u00b7 Thomas Pickering \u00b7 Laura Glynn \u00b7 [...] \u00b7 Karina Davidson The purpose of this study is provide an historical context for current behavioral models of hypertension selective sample of the cardiovascular reactivity literature was reviewed, from 1932 to present. In the earliest model, cardiovascular reactivity was regarded as a marker of disease risk; however, in later models, reactivity came to be viewed... The difference between cardiovascular response to physical and mental stress Article Apr 2000 F. Yamasaki \u00b7 W. Gerin \u00b7 J.E. Schwartz \u00b7 [...] \u00b7 T.G. Pickering Both physical and mental stress produce short-term blood pressure (BP) elevations. To evaluate the differences between effects of physical and mental stressors on cardiovascular responses, 88 healthy volunteers performed an exercise tasks (bicycle pedaling; 60 pedals/min, 3-min), and a mental stressor, serial subtraction (3-min), on two separate oc... Increase in the number of deaths in the United States in the first week of the month - Reply Article Nov 1999 Phillips \u00b7 Nicholas J. S. Christenfeld Ryan Exposure to New York City as a Risk Factor for Heart Attack Mortality Article Full-text available Nov 1999 Nicholas J. S. Christenfeld \u00b7 Laura Glynn \u00b7 David P. Phillips \u00b7 Ilan Shrira If New York City (NYC) residents' unusually high rate of ischemic heart disease (IHD) results from chronic exposure to that city, there might also be an effect of acute exposure among visitors to NYC. We explored this possibility and also whether is reduced among residents dying away from the city. Using all death certificates for 1985-1... Can a machine tickle? View View View View 2/16/25, 11:34 Nicholas | University of California, San Diego, San Diego | Department of Psychology | Research profile 16/27 Article Oct 1999 Christine R. Harris \u00b7 Nicholas J. S. Christenfeld It has been observed at least since the time of Aristotle that people cannot tickle themselves, but the reason remains elusive. Two sorts of explanations have been suggested. The interpersonal explanation suggests that tickling is fundamentally interpersonal and thus requires another person as the source of the touch. The reflex explanation suggest... What's in a name: mortality and the power of symbols Article Sep 1999 Nicholas J. S. Christenfeld Phillips \u00b7 Laura Glynn One's attitude about oneself, and the treatment one receives from others, might be affected, in some small but measurable way, by stigmatic or salutary labeling due to one's name. If names affect attitudes and attitudes affect longevity, then individuals with \"positive\" initials (e.g., A.C.E., V.I.P.) might live longer than those with \"negative\" in... Comment on \"Negative emotions and acute cardiovascular responses to laboratory challenges\" Article Sep 1999 William Gerin \u00b7 Dr Bovbjerg \u00b7 Laura Glynn \u00b7 [...] \u00b7 Nicholas J. S. Christenfeld What's in a name - self-fulfilling prophecies, perceptual biases and accuracy Article Sep 1999 Nicholas J. S. Christenfeld \u00b7 David Phillips \u00b7 Laura Glynn One's attitude about oneself, and the treatment one receives from others, might be affected, in some small but measurable way, by stigmatic or salutary labeling due to one's name. If names affect attitudes and attitudes affect longevity, then individuals with \"positive\" initials (e.g., A.C.E., V.I.P.) might live longer than those with \"negative\" in... An Increase in the Number of Deaths in the United States in the First Week of the Month \u2014 An Association with Substance Abuse and Other Causes of Death View View View View 2/16/25, 11:34 Nicholas | University of California, San Diego, San Diego | Department of Psychology | Research profile 17/27 Article Aug 1999 David P. Phillips \u00b7 Nicholas J. S. Christenfeld \u00b7 Natalie M. Ryan There are regular changes in mortality rates, such as increased rates of death from influenza in the winter and from motor vehicle accidents on long holiday weekends. Previous research has shown that among persons with schizophrenia, the rates of cocaine use and hospital admissions increase at the beginning of the month, after the receipt of disabi... Gender, Race, and Performance Expectations of College Students Article Full-text available Apr 1999 Matthew W. Mayo \u00b7 Nicholas J. S. Christenfeld Women often have low performance expectations for themselves but expect other women to succeed. This study finds that minority students think not only that they will do worse than other minority group members but also that their group will do poorly. Low individual and group success expectations make the results for minorities doubly troubling. (Au... The influence of medical and legal authorities on deaths facilitated by physicians Article Mar 1999 Phillips \u00b7 Nicholas J. S. Christenfeld \u00b7 Laura Glynn Steinberg This study investigated whether two widely publicized cases of deaths facilitated by physicians were followed by significant peaks in mortality. In March, 1991, Timothy Quill, MD, published a controversial editorial describing the physician-assisted suicide (PAS) of his 45-year-old, female leukemia patient. In a landmark decision in December 1990,... Gender, Social Support, and Cardiovascular Responses to Stress Article Full-text available Mar 1999 Laura Glynn \u00b7 Nicholas J. S. Christenfeld \u00b7 William Gerin View View View 2/16/25, 11:34 Nicholas | University of California, San Diego, San Diego | Department of Psychology | Research profile 18/27 Laboratory research indicates that the presence of a supportive other can reduce physiological responses to a stressor. Whether there are gender differences, either on the part of the provider or the recipient, in this social support effect is explored. Such differences might shed some light on the frequent epidemiological reports of gender differe... Comment on \"negative emotions and acute cardiovascular responses to laboratory challenges\" Article Feb 1999 Gerin \u00b7 Dr Bovbjerg \u00b7 Laura Glynn \u00b7 [...] \u00b7 Nicholas J. S. Christenfeld Increase in medication-error deaths Article May 1998 Phillips \u00b7 Nicholas J. S. Christenfeld \u00b7 Laura Glynn Increase in medication-error deaths Article Mar 1998 David Phillips \u00b7 Nicholas J. S. Christenfeld \u00b7 Laura Glynn Between 1983 and 1993 the number of outpatient visits in the increased by 75%, while the number of inpatient days fell by 21%. 1 This shift to outpatient treatment implies that more medications are taken with the patient, not medical personnel, exercising quality control. In addition, it is thought to be increasingly difficult for physicians to... The social construction of cardiovascular reactivity Article Full-text available Feb 1998 Nicholas J. S. Christenfeld \u00b7 Laura Glynn \u00b7 James A. Kulik \u00b7 William Gerin One can view the \"reactivity hypothesis\" as having two basic forms: the individual difference or personality approach, which suggests that people who show exaggerated cardiovascular responses to stress are at increased risk of developing cardiovascular disease, and the situational or social psychological approach, which suggests that circumstances... View View View View 2/16/25, 11:34 Nicholas | University of California, San Diego, San Diego | Department of Psychology | Research profile 19/27 The generalizability of cardiovascular responses across settings Article Full-text available Feb 1998 William Gerin \u00b7 Nicholas J. S. Christenfeld \u00b7 Carl Pieper \u00b7 [...] \u00b7 Thomas Pickering The generalizability of cardiovascular reactivity change scores remains largely unsupported. In previous studies, several factors differed between laboratory and field, making poor lab-to-life correlations difficult to interpret. The present study varied only one parameter between the lab and field: setting. In this study, 24 females were studied o... Implications of alternative methods of computing blood pressure means Article Sep 1997 Laura Glynn \u00b7 Nicholas J. S. Christenfeld Gerin BACKGROUND: Blood pressure measures are traditionally averaged to compute a level across a period. There are, however, two ways of calculating such means: by assigning equal weights to each time interval or to each heartbeat. The former method is used commonly with intermittent measures, the latter with continuous measurements, though either can be... Memory for Pain and the Delayed Effects of Distraction Article Aug 1997 Nicholas J. S. Christenfeld In spite of the popular belief that distraction is effective in coping with pain, there is evidence that a neutral distractor does not reduce people's reports of pain. However, it may be that distraction's effect is not detectable in immediate ratings, when the need to rate the pain forces the sufferer to concentrate on it. Instead, after a delay,... Social Support Effects on Cardiovascular Reactivity: Is a Stranger as Effective as a Friend? Article Jul 1997 Nicholas J. S. Christenfeld \u00b7 William Gerin \u00b7 Wolfgang Linden \u00b7 [...] \u00b7 Thomas G. Pickering We investigated whether the effects on cardiovascular reactivity of social support from an audience member depend only on the behavior of that person or also depend on the relationship between the audience and the actor. View View View View 2/16/25, 11:34 Nicholas | University of California, San Diego, San Diego | Department of Psychology | Research profile 20/27 That is, is there any added reduction in physiological response if the person who is nodding and smiling supportively is also a f... Memory for Pain and the Delayed Effects of Distraction Article Full-text available Jul 1997 Nicholas J. S. Christenfeld In spite of the popular belief that distraction is effective in coping with pain, there is evidence that a neutral distractor does not reduce people\u2019s reports of pain. However, it may be that distraction\u2019s effect is not detectable in immediate ratings, when the need to rate the pain forces the sufferer to concentrate on it. Instead, after a delay,... Physiological stress reactivity and recovery: Conceptual siblings separated at birth? Article Mar 1997 Linden \u00b7 T.L. Earle Gerin \u00b7 Nicholas J. S. Christenfeld This article discusses theoretical assumptions underlying physiological stress reactivity research. It examines early conceptualizations of activation and recovery and contrasts these with current practices in designing, analyzing, and reporting stress reactivity studies. Study protocols from four major journals covering the last 2 years of publica... The application of generalizability theory to blood pressure resting levels and mental stress responses Article Jan 1997 Gerin \u00b7 Nicholas J. S. Christenfeld \u00b7 Carl Pieper BACKGROUND: Blood pressure measurements taken in the clinic or laboratory are assumed to generalize to the world outside. This is true both of casual blood pressure measurements and of changes in blood pressure responses to stress. Such generalizability is crucial to the usefulness of blood pressure measurements as predictors of long-term disease.... Effects of a Metronome on the Filled Pauses of Fluent Speakers Article Full-text available Dec 1996 Nicholas J. S. Christenfeld Filled pauses (the \"ums\" and \"uhs\" that litter spontaneous speech) seem to be a product of the speaker paying deliberate attention to the normally automatic act of talking. View View View View 2/16/25, 11:34 Nicholas | University of California, San Diego, San Diego | Department of Psychology | Research profile 21/27 This is the same sort of explanation that has been offered for stuttering. In this paper we explore whether a manipulation that has long been known to decrease stuttering, synch... Jealousy and Rational Responses to Infidelity Across Gender and Culture Article Nov 1996 Christine R. Harris \u00b7 Nicholas J. S. Christenfeld Comments on the article of D. M. Buss et al (see record 84- 18783), which focuses on the evolutionary psychology of jealousy and on the sensitivity of sex differences in the sexual sphere to cultural input. Here, C. R. Harris and N. Christenfeld address this article as well as others by Buss et al (e.g., see records 82-23617 and 80-01445) by suggest... Gender, Jealousy, and Reason Article Nov 1996 Christine R. Harris \u00b7 Nicholas J. S. Christenfeld Research has suggested that men are especially bothered by evidence of their partner's sexual infidelity, whereas women are troubled more by evidence of emotional infidelity. One evolutionary account (Buss, Larsen, Westen, & Semmelroth, 1992) argues that this is an innate difference, arising from men's need for paternity certainty and women's need... What makes a good sport? Article Full-text available Oct 1996 Nicholas J. S. Christenfeld The construction of social reality in the psychophysiological laboratory Conference Paper Full-text available Oct 1996 Gerin Linden \u00b7 Kevin T. Larkin Carroll The social and situational control of task engagement and cardiovascular reactivity Article Aug 1996 Nicholas J. S. Christenfeld \u00b7 Laura Glynn Kulik Gerin View View View View View 2/16/25, 11:34 Nicholas | University of California, San Diego, San Diego | Department of Psychology | Research profile 22/27 Reactivity, rumination, and recovery: Emotional components of cardiovascular responses Article Aug 1996 Laura Glynn \u00b7 Nicholas J. S. Christenfeld Gerin Anxiety, Alcohol, Aphasia, and Ums Article Apr 1996 Nicholas J. S. Christenfeld \u00b7 Beth Creager Although several studies have documented a link between anxiety and filled pauses (ums, ers, and uhs), numerous failures make it impossible to believe that the two are linked in any simple way. This article suggests anxiety may increase ums not when it makes the speech task harder but when it causes the speaker to pay attention to the speech. Two e... Anxiety, Alcohol, Aphasia, and Ums Article Full-text available Mar 1996 Nicholas J. S. Christenfeld \u00b7 Beth Creager Although several studies have documented a link between anxiety and filled pauses (um s, er s, and uh s), numerous failures make it impossible to believe that the two are linked in any simple way. This article suggests anxiety may increase um s not when it makes the speech task harder but when it causes the speaker to pay attention to the speech. T... Whose Baby Are You Article Full-text available Jan 1996 Nicholas J. S. Christenfeld \u00b7 Emily A. Hill Odds on sporting chance [1] Article Jan 1996 Nicholas J. S. Christenfeld Does it hurt to say um? Article Sep 1995 Nicholas J. S. Christenfeld View View View View View View 2/16/25, 11:34 Nicholas | University of California, San Diego, San Diego | Department of Psychology | Research profile 23/27 This paper examines whether the profusion of ums that so many speakers produce is noticed, and whether these ums influence what audiences think of speakers. Even though ums do not seem to be a product of anxiety or lack of preparation, the first study, using a simple questionnaire, indicated that the average listener assumes that they are. The seco Article Aug 1995 Nicholas J. S. Christenfeld \u00b7 Laura Glynn Conference Paper Full-text available Oct 1995 Kevin T. Larkin \u00b7 Nicholas J. S. Christenfeld \u00b7 Michael T. Allen \u00b7 [...] \u00b7 Paul Grossman Choices from Identical Options Article Jan 1995 Nicholas J. S. Christenfeld Many of the decisions that people must make involve selections from arrays of identical options The six studies presented explored people's preferences in two contexts choosing one item from rows of identical items and choosing a route from a series of identical routes The first three studies examined preferences for items in particular positions W... Options and Article Full-text available Jun 1994 Nicholas J. S. Christenfeld Most people who have speculated about the causes of ums in speech (also known as filled pauses) have suggested that they are produced when the speaker is confronted with a challenging choice. This idea, in spite of its intuitive appeal and theoretical usefulness, has never been directly tested. The present experiment manipulates the complexity of o... Filled pauses and gestures: It's not coincidence View View View View View 2/16/25, 11:34 Nicholas | University of California, San Diego, San Diego | Department of Psychology | Research profile 24/27 Article Sep 1991 Nicholas J. S. Christenfeld \u00b7 Stanley Schachter \u00b7 Frances Bilous Though filled pauses and gestures frequently accompany speech, their function is not well understood. We suggest that it may be helpful in furthering our knowledge of these phenomena to examine their relationship to each other. To this end, we carried out two studies examining whether they tend to occur together, or to occur at separate times. Both... Speech Disfluency and the Structure of Knowledge Article Full-text available Mar 1991 Stanley Schachter \u00b7 Nicholas J. S. Christenfeld \u00b7 Bernard Ravina \u00b7 Frances Bilous It is generally accepted that filled pauses (\"uh,\" \"er,\" and \"um\") indicate time out while the speaker searches for the next word or phrase. It is hypothesized that the more options, the more likely that a speaker will say \"uh.\" The academic disciplines differ in the extent to which their subject matter and mode of thought require a speaker to choo... View View Network 2/16/25, 11:34 Nicholas | University of California, San Diego, San Diego | Department of Psychology | Research profile 25/27 Cited View All Cited By View All Current institution University of California, San Diego Department of Psychology \u00b7 San\u2026 Stefano Boschi Policlinico S.Orsola-Malpighi Jos Settels Gianfranco Parati Universit\u00e0 degli Studi di Milano-Bicocca Stephen J. Lepore Temple University George Kaplan University of Michigan David Shapiro University of California, Los Angeles Geoff Der Medical Research Council (UKRI) Dmitry M. Davydov Russian Academy of Medical Sciences Anna Whittaker was Phillips University of Stirling Helmut Karl Lackner Medical University of Graz 2/16/25, 11:34 Nicholas | University of California, San Diego, San Diego | Department of Psychology | Research profile 26/27 Co-authors Top co-authors All co-authors (50) View All Arseny Ryazanov University of California, San Diego Mara Sanders California State University, San \u2026 Julian Parris Institute Laura Mickes Royal Holloway University of Lon\u2026 Clayton Hilmert North Dakota State University Company About us News Careers Support Help Center Business solutions Advertising Recruiting \u00a9 2008-2025 ResearchGate GmbH. All rights reserved. Terms \u00b7 Privacy \u00b7 Copyright \u00b7 Imprint \u00b7 Consent preferences 2/16/25, 11:34 Nicholas | University of California, San Diego, San Diego | Department of Psychology | Research profile 27/27", "8689_103.pdf": "From Casetext: Smarter Legal Research Christenfeld v. Regents of the Univ. of Cal. California Court of Appeals, First District, First Division Nov 14, 2022 No. A162690 (Cal. Ct. App. Nov. 14, 2022) Copy Citation Download Check Treatment Take care of legal research in a matter of minutes with CoCounsel, your new legal assistant. Try CoCounsel free A162690 11-14-2022 CHRISTENFELD, Plaintiff and Appellant, v CALIFORNIA, Defendant and Respondent. Humes Sign In Search all cases and statutes... Opinion Case details 2/16/25, 11:34 Christenfeld v. Regents of the Univ. of Cal., No. A162690 | Casetext Search + Citator 1/20 (Alameda County Super. Ct. No. RG19036427) Humes, P.J. Appellant Nicholas Christenfeld, a psychology professor, participated in a process that resulted in the graduate-school admission of a student with whom he was having a sexual and romantic relationship. After this was discovered, he and the university entered into an informal agreement in which he agreed to certain terms, one of which provided that disciplinary charges would be filed if the university received further credible reports that he violated the faculty's code of conduct or the university's sexual harassment policy. Years later, Christenfeld sent unsolicited pornographic images to a different female student using his university email account, although the parties agree that the student was not the intended recipient. The university filed disciplinary charges seeking to dismiss him. After a disciplinary committee agreed with that penalty and it was adopted by respondent *2 Regents of the University of California (the Regents), Christenfeld sought a petition for a writ of administrative mandate, which the trial court denied. In this appeal, Christenfeld argues that he did not receive a fair disciplinary hearing, that the disciplinary committee's findings were not supported by sufficient evidence, and that his termination was an abuse of discretion. We affirm. 2 Christenfeld began working at the University of California, San Diego San Diego or the university) in 1991. He was a professor in the psychology department. Jane Doe 1 transferred to San Diego from community college in fall 2010. During her first semester there, she took an introduction to social psychology course taught by Christenfeld. Later, in winter 2012, Jane Doe 1 took a smaller seminar with Christenfeld. She began visiting him during his office hours, where they would talk for several hours about social psychology, how she might prepare to attend graduate school, and other topics. Christenfeld is 25 years older that Jane Doe 1, which meant that at the time he was more than twice her age. They sometimes discussed 2/16/25, 11:34 Christenfeld v. Regents of the Univ. of Cal., No. A162690 | Casetext Search + Citator 2/20 sexuality (the subject of her honors thesis), which led to more generalized discussions about sexual topics, as well as flirting. After the course ended, the two continued to communicate by email, and in April 2012 they met for the first time outside office hours. They quickly began a romantic and sexual relationship, which spanned the next four years different professor, who was Jane Doe 1's primary academic mentor and her honors thesis advisor, let Doe 1 use office space in her lab. *3 3 Christenfeld and Jane Doe 1 had sex dozens of time in that space because the room was bigger and more private than Christenfeld's office, and Jane Doe 1 did not often see the professor in that lab. In November or December 2012, Jane Doe 1 applied to the San Diego psychology department's Ph.D. program. Christenfeld did not want to \"officially\" recuse himself from her admission process, but they discussed how he could avoid influencing her admission to the program San Diego's psychology department had a total of around six areas of study, including developmental psychology and cognitive psychology. Jane Doe 1 was interested in social psychology, one of several areas of study within psychology. Christenfeld was one of four social psychology faculty members in a department of around 25 people. One-on-one interviews for prospective psychology graduate students took place in February 2013. Jane Doe 1 and Christenfeld knew in advance that he was one of three people who would separately be interviewing her, though neither one of them requested that he be her interviewer. Christenfeld interviewed 14 people that year, or more than twice what would be considered a lot of people to interview, and he could have requested not to interview Jane Doe 1. When Christenfeld interviewed Doe 1, they met for around 30 minutes and mostly discussed topics unrelated to her fitness for the program. With most applicants, the three interviewers would separately evaluate the candidate. Christenfeld suggested that the three interviewers send in their 2/16/25, 11:34 Christenfeld v. Regents of the Univ. of Cal., No. A162690 | Casetext Search + Citator 3/20 recommendations regarding Jane Doe 1 as a group. Jane Doe 1's academic mentor (the one whose lab space Doe had been using to have sex with Christenfeld) found the suggestion \"odd\" and believed it was designed so that Christenfeld could \"make sure that [Jane Doe 1] did indeed get into the *4 program.\" The professor explained that \"when we did meet as a group, he [Christenfeld] was very positive about her, and think that then you can persuade people, yes, this is somebody that we-and you're not on paper having said want this graduate student for my own.'\" Christenfeld did not evaluate Doe 1 through the department's online system. But when the admissions committee asked for individual rankings, Christenfeld sent an email stating he thought Doe 1 was one of the two best applicants for the graduate program. Jane Doe 1 was accepted into the graduate program. 4 In the middle of March 2013, after Jane Doe 1 had been admitted, she and Christenfeld met in the afternoon to have sex in the lab space. Afterward, they were lying on the ground fully clothed and talking while Jane Doe 1 waited to hear from a postdoctoral researcher who was visiting from out of town. Doe thought the researcher would call or text first so they could meet to discuss a project, but instead the researcher knocked on the door along with a second person. It took around a minute for Doe 1 to answer the door, and when she opened it she blocked the door from fully opening. Her hair was messy, her face was flushed, the breast area of her tank top was wet, and it appeared to the researcher that she had just had sex. Doe 1 would not let the visitors into the lab and told them she was with Christenfeld analyzing data. The next day, the visiting researcher told the chair of the psychology department and two other psychology professors about the incident. The chair then reported it to the university's office for the prevention of harassment and discrimination, which began an investigation. Christenfeld communicated \"quite a bit\" with Jane Doe 1 about how to handle investigators' questions. The two of them continued to engage in sexual activity. Jane Doe 1 met with the head of the office of prevention of *5 harassment and discrimination to discuss her relationship with Christenfeld. In an effort to protect Christenfeld, she reported that she had not had sexual intercourse in the lab on the day they were discovered there. 5 2/16/25, 11:34 Christenfeld v. Regents of the Univ. of Cal., No. A162690 | Casetext Search + Citator 4/20 Doe 1 also misrepresented to the investigator that she was no longer in a relationship with Christenfeld, again in an effort to protect him. Christenfeld also discussed with Jane Doe 1 his own meetings with investigators. They discussed his \"clever argument\" that Christenfeld did not reasonably have supervisory authority over Jane Doe 1 because she \"could be considered outside the social psychology area, in a different area of the psychology department\" from Christenfeld. Two members of the psychology department concluded in a report for the department chair that Christenfeld had not unduly intervened in the admissions process to have Jane Doe 1 accepted into the graduate program. But they found that Christenfeld clearly had engaged in behavior that was ethically and morally questionable, and that at the very least Christenfeld demonstrated poor judgment. They also found that it was unclear whether Christenfeld recognized there was a problem with his behavior. The office for the prevention of harassment and discrimination concluded that it was \"a very close call\" and that the \"violation regarding evaluative authority [was] somewhat technical in nature,\" but it also concluded that Christenfeld had been dishonest with his colleagues, which \"damage[d] the integrity of the [graduate] admissions process.\" And that turned out to be the case. As Jane Doe 1's former mentor later explained, at least one \"graduate student[] drew the conclusion that the way you get into the program is you sleep with a professor and you get in.\" In September 2013 Christenfeld and San Diego entered into an informal resolution agreement to resolve the complaint (informal agreement). *6 6 Christenfeld agreed, among other things, not to enter into a romantic or sexual relationship with any student for whom he had or could be expected to have academic responsibility. He also agreed to attend a professional boundaries course, to hold office hours with the door open, and to refrain from holding office hours at campus pubs or other places that serve alcohol. The agreement further provided: \"If at any future time, additional credible reports of such behavior on Professor Christenfeld's part (regarding violations of the Faculty Code of Conduct or the Policy on Sexual Harassment) are reported to the Office for the Prevention of Harassment and Discrimination, Professor Christenfeld understands and agrees that the 2/16/25, 11:34 Christenfeld v. Regents of the Univ. of Cal., No. A162690 | Casetext Search + Citator 5/20 [Executive Vice Chancellor] for Academic Affairs will immediately file charges in [Committee on Privilege and Tenure] and recommend discipline up to and including termination, and provide with the June 21, 2013 report and findings already issued by [the office for the prevention of harassment and discrimination], along with the new credible reports.\" As discussed in more detail below, Christenfeld apparently contends that the informal agreement was akin to a settlement or plea agreement, whereby the university was forever precluded from ever pursuing discipline against Christenfeld based on his relationship with Jane Doe 1. Members of the psychology department saw it differently. The chair of the department viewed it as a \"you're-on-thin-ice type of statement.\" The professor who later became department chair considered that Christenfeld \"was effectively . . . on probation, that any further incident, then he would be brought up on a recommendation of termination.\" Christenfeld and Jane Doe 1 continued to have a sexual relationship after Christenfeld entered into the informal agreement. Christenfeld did not feel that the agreement required him to end his relationship with Doe 1 *7 because, as he understood it, the agreement referred only to entering into new relationships. Jane Doe 1 ultimately transferred in August 2015 to a different school on the east coast and by June 2016 had ended her ties with Christenfeld. 7 The events leading to the discipline that directly gave rise to these proceedings took place in April 2018. According to Christenfeld, he intended to send an email to a woman with whom he communicates almost exclusively electronically. When he addressed the email using his UCSD.edu account, he mistyped a letter of the intended recipient's email address, and the email system auto-filled a different address, that of an undergraduate student (Jane Doe 2), who previously had emailed a final exam to him. The email Christenfeld sent had the subject line \"w, now?\" and contained two pornographic images. The images showed two different women, both holding erect penises between their exposed breasts. 2/16/25, 11:34 Christenfeld v. Regents of the Univ. of Cal., No. A162690 | Casetext Search + Citator 6/20 According to the chair of the psychology department, Jane Doe 2 was \"very distraught\" and cried when she received the email. She experienced anxiety for which she sought medical treatment. According to an investigative summary of the incident, Jane Doe 2 had planned to take a summer course with Christenfeld but decided against it after receiving his email, which meant she ended up having to enroll in two summer sessions instead of one. The email was reported to the university's office for the prevention of harassment and discrimination, which investigated. The office notified Christenfeld of the complaint against him in early June, which is the first time he realized he had misaddressed his email. Christenfeld emailed an *8 apology to Doe 2 and told her he had meant to send the email to his wife. His apology email stated am profoundly sorry for the bewilderment and horror this mistake must have caused, and am filled with shame and remorse hope you will accept my heartfelt apology, and that this careless fiasco will not poison your memories of [my] class.\" An investigator reported that Jane Doe 2 thought Christenfeld should not have sent the apology email, which \"also affected her and . . . was 'too much for [her].' \" 8 1 1 Christenfeld later realized that the email in question was in fact intended for another woman. An investigator spoke with the woman Christenfeld said was the intended recipient. She said they did not generally send sexual photos but speculated that Christenfeld might have sent them because she did not know what certain terms meant. The woman did not testify at Christenfeld's disciplinary hearing. The chair of the psychology department concluded that Christenfeld's continued interaction with students and continued ability to use university resources created a strong risk of immediate and serious harm to the university community. He recommended that Christenfeld be placed on involuntary leave. In December 2018 the executive vice chancellor for academic affairs submitted formal charges to the committee on privilege and tenure (disciplinary committee), based both on Christenfeld's relationship with Jane Doe 1 and on his sending the email to Jane Doe 2. The vice chancellor alleged that Christenfeld violated both the University of California's faculty 2/16/25, 11:34 Christenfeld v. Regents of the Univ. of Cal., No. A162690 | Casetext Search + Citator 7/20 code of conduct and the university's policy on sexual violence and sexual harassment. The disciplinary committee held a three-day evidentiary hearing in May 2019. Before witnesses testified, Christenfeld's attorney objected that Jane Doe 2 was not appearing as a witnesses and was therefore unavailable *9 for cross-examination. The university's attorney stated that Jane Doe 2 was unavailable because she declined to testify and the university lacked subpoena power in administrative proceedings. The investigator who interviewed Jane Doe 2 also declined to testify, as she had been appointed to be a superior court judge and said she could not ethically testify. The university's attorney further argued that it was unnecessary in any event to cross-examine Doe 2 because her credibility was not at issue. The committee chair denied the objection. 9 Jane Doe 1 testified at the hearing. She explained that over the previous seven years she had matured, had participated in intensive therapy, and had \"come to realize just how unhealthy and unbalanced\" her relationship with Christenfeld had been. She came to believe that they had \"what is called in clinical psychology a traumatic bond,\" which is when someone who is being victimized by someone else actually creates a \"very strong bond\" with them, similar to the Stockholm syndrome. Although Christenfeld never \"specifically forced\" Doe 1 to have sex, there were times she did things with him sexually that she \"didn't really want to do\" (including \"violent things\"), which \"created a very negative relationship for [her] to sex.\" She believed that Christenfeld was a predator who had exploited her. Doe 1 was concerned that what happened with Jane Doe 2 was caused by her (Doe 1's) failure to have been forthright about her relationship with Christenfeld. Doe 1 was motivated to testify because she would \"feel very guilty\" if someone else \"f[ell] prey\" to Christenfeld if she did not testify truthfully. Christenfeld also testified at the hearing. He expressed remorse for his actions and said he apologized to Jane Doe 1. He claimed, though, that the *10 university was not seeking the truth but instead appeared \"to be agenda pushing,\" which \"surprised\" him. 10 2/16/25, 11:34 Christenfeld v. Regents of the Univ. of Cal., No. A162690 | Casetext Search + Citator 8/20 The disciplinary committee prepared a 14-page report for the university chancellor. As for Jane Doe 1, the committee found that Christenfeld's behavior violated three provisions of the faculty code of conduct and one provision of the policy against sexual violence and sexual harassment. Specifically, committee members found that by entering into and continuing a relationship with a student interested in social psychology (his area of expertise) and evaluating her application to the graduate program, Christenfeld violated policies prohibiting (1) entering into a romantic or sexual relationship with a student for whom the person has, or reasonably expects to have, academic responsibility (instructional, evaluative, or supervisory), and (2) exercising that academic responsibility. The committee further found that Christenfeld's evaluation of Jane Doe 1 violated a policy prohibiting conflicts of interest and amounted to a serious violation of policies governing professional conduct. As for Jane Doe 2, the committee found that Christenfeld's behavior violated the faculty code of conduct and the sexual harassment policy. Specifically, the committee found that Christenfeld's email to Doe 2 was sexual harassment that created a hostile environment as defined by the university (discussed further below), and the sexual harassment was a serious violation of policies governing professional conduct majority of the committee members endorsed a recommendation that Christenfeld be dismissed and that emeritus status be denied. The Regents ultimately approved the recommendation that Christenfeld be terminated and his emeritus status be denied. *11 11 Christenfeld filed a petition for writ of administrative mandate (Code Civ. Proc., \u00a7 1094.5) in the trial court seeking an order directing the Regents to set aside its administrative findings and decision imposed against him. Both his original petition and his first amended petition alleged that because he possessed a vested, fundamental right to his tenured faculty position, he was entitled to have the trial court exercise its independent judgment in reviewing the disciplinary committee's findings (Code Civ. Proc., \u00a7 1094.5, subd. (c)). But in his opening brief in support of his petition, Christenfeld argued that the disciplinary committee's findings against him were \"not supported by substantial evidence, much less clear and convincing evidence.\" The Regents' opposition argued that the trial court was to review 2/16/25, 11:34 Christenfeld v. Regents of the Univ. of Cal., No. A162690 | Casetext Search + Citator 9/20 the disciplinary committee's findings for substantial evidence. Christenfeld's reply brief again asserted that the findings against him were not supported by substantial evidence. In its order denying the petition, the trial court concluded that the committee's findings of policy violations were supported by substantial evidence A. Christenfeld Was Not Denied a Fair Administrative Hearing. 1. The Standard of Review. For Christenfeld to have prevailed in the superior court on his petition for a writ of administrative mandate, he was required to show that the university \"(1) acted without, or in excess of, its jurisdiction, (2) deprived [him] of a fair administrative hearing, or (3) committed a prejudicial abuse of discretion.\" (Doe v. Regents of University of California (2021) 70 Cal.App.5th 521, 532.) \"Abuse of discretion is established if the [agency] has not proceeded in the manner required by law, the order or decision is not *12 supported by the findings, or the findings are not supported by the evidence.\" (Code Civ. Proc., \u00a7 1094.5, subd. (b); see also Doe at p. 532.) 12 Christenfeld first argues he was deprived of a fair disciplinary hearing in several ways. \"When reviewing a claim that a petitioner did not receive a fair hearing, we uphold the trial court's decision if it is supported by substantial evidence, but when the evidence is substantially undisputed, the issue becomes a question of law, which we review de novo.\" (Doe v. Regents of University of California, supra, 70 Cal.App.5th at p. 533.) 2. Jane Doe 2's Unavailability for Cross-examination Did Not Deprive Christenfeld of a Fair Hearing. Christenfeld first renews his argument that he was deprived a fair hearing because he was denied the opportunity to cross-examine Jane Doe 2. We are not persuaded. The university's academic senate bylaws state that parties to disciplinary hearings have the right \"to conduct such cross examination as may be required for a full and true disclosure of the facts.\" (Italics added.) Where an accused in university disciplinary proceedings faces serious consequences 2/16/25, 11:34 Christenfeld v. Regents of the Univ. of Cal., No. A162690 | Casetext Search + Citator 10/20 and findings are likely to turn on the credibility of the complainant, the complaining witness must be before the trier of fact so that the person's credibility may be evaluated. (Doe v. Regents of University of California, supra, 70 Cal.App.5th at pp. 534-536.) Christenfeld relies on a series of cases where college students were accused of, but denied, having nonconsensual sexual contact with other students. The courts in those cases concluded that the students had been deprived of a fair hearing because the complainants had not been available before the fact-finders, who thus were unable to assess the complainants' credibility. (Doe v. Westmont College (2019) 34 Cal.App.5th 622, 625; *13 Doe v. Allee (2019) 30 Cal.App.5th 1036, 1039; Doe v. Claremont McKenna College (2018) 25 Cal.App.5th 1055, 1057-1058.) We agree with the Regents that those cases are distinguishable because Jane Doe 2's credibility was not central to the disciplinary committee's determination. (Doe v. Regents of University of California, supra, 70 Cal.App.5th at p. 536.) 13 The disciplinary committee concluded that Christenfeld's email to Jane Doe 2 violated the University of California's policy against sexual violence and sexual harassment. That policy prohibits sexual harassment, defined as \"unwelcome sexual advances, unwelcome requests for sexual favors, and other unwelcome verbal, nonverbal or physical conduct of a sexual nature when\" it creates a hostile environment in that \"such conduct is sufficiently severe or pervasive that it unreasonably denies, adversely limits, or interferes with a person's participation in or benefit from the education, employment or other programs and services of the University and creates an environment that a reasonable person would find to be intimidating or offensive.\" (Italics added.) The committee further found that Christenfeld's conduct violated the faculty code of conduct by committing sexual harassment against a student and by committing a serious violation against professional conduct. Jane Doe 2's credibility was not critical to any of these findings. It was undisputed that the email Christenfeld sent to Jane Doe 2 from his UCSD.edu email address contained pornography. Although it was also essentially undisputed that Christenfeld did not intend to send the email to the student who received it, that does not change the fact that the email was highly inappropriate and that a reasonable person would find it to be offensive. \"This is not a 'he-said, she-said' case because the material facts are 2/16/25, 11:34 Christenfeld v. Regents of the Univ. of Cal., No. A162690 | Casetext Search + Citator 11/20 not in dispute.\" (Doe v. Regents of University of California, supra, 70 Cal.App.5th at p. 536, italics added.) *14 14 Christenfeld contends that he should have been able to ask Doe 2 \"about whether the single errant email unreasonably denied, adversely limited, or interfered with her participation in or benefit from her education, employment or other programs and services of the University, a critical element to a finding of Sexual Harassment as defined by University policy.\" He disagrees with the disciplinary committee's conclusion that it was undisputed that Doe 2 changed her coursework. He apparently contends that if Jane Doe 2 did not actually change her coursework, he could not have been found to have unreasonably denied, adversely limited, or interfered with Jane Doe 2's participation in or benefit from the university, as set forth in its anti-sexual harassment policy. Not so. Any student who enrolls in college can reasonably expect not to receive unsolicited pornography from a professor professor who sends such emails using a university email account should understand that they may be received by a student and, if received, will interfere with that student's education. The disciplinary committee also focused on Christenfeld's lack of insight into his use of his university email account to send sexually explicit emails. Christenfeld wrote to Jane Doe 2 that he \"would never deliberately send you, or any student, any such thing,\" a reference to the pornographic email. But he \"clarified\" at the disciplinary hearing that he had been \"referring to unsolicited pornographic images, unwelcomed pornographic images.\" The disciplinary committee stated in its final decision that it \"was disappointed that a faculty member would suggest that sending such images from a email account would be acceptable under different circumstances.\" As the chair of the psychology department put it, the fact a faculty member who previously had faced discipline then used his university email account to send pornographic images \"engage[d] in potential behaviors *15 that could be that reckless would be-would be problematic and indicative of the continued major risk to the university.\" 15 In general, \"disciplinary proceedings in university settings do not require 'all the safeguards and formalities of a criminal trial' [citation] and a university' \"is not required to convert its classrooms into courtrooms.\" '\" (Doe v. Regents 2/16/25, 11:34 Christenfeld v. Regents of the Univ. of Cal., No. A162690 | Casetext Search + Citator 12/20 of University of California, supra, 70 Cal.App.5th at p. 534.) Although \"the trend in case law has been to expect more adversarial and criminal-trial-like procedures when a student is accused of sexual misconduct and the complainant's credibility is questioned\" (ibid.), that was not the case here. We thus reject Christenfeld's argument that he was denied a fair hearing because he was unable to cross-examine the recipient of his email containing pornographic images. 3. The Charges Relating to Jane Doe 1 Were Not Time-barred or Otherwise Improper. Christenfeld next argues that disciplinary charges relating to Jane Doe 1 were barred by the university's faculty code of conduct. Again, we are not persuaded. The code provides that the chancellor must initiate disciplinary action no later than three years after the chancellor is deemed to have known of an alleged violation, defined as when an allegation is first reported to an academic administrator at the level of department chair or above. Because the chair of the psychology department was notified of Christenfeld and Jane Doe 1's relationship in March 2013, Christenfeld reasons, the university was barred from bringing charges based on that relationship more than three years later, in December 2018. This argument is based on an interpretation of the informal agreement that we reject. *16 16 As we have recounted, the agreement provided that \"[i]f at any future time, additional credible reports of such behavior on Professor Christenfeld's part (regarding violations of the Faculty Code of Conduct or the Policy on Sexual Harassment) are reported to the Office for the Prevention of Harassment and Discrimination, Professor Christenfeld understands and agrees that the [Executive Vice Chancellor] for Academic Affairs will immediately file charges in [Committee on Privilege and Tenure] and recommend discipline up to and including termination, and provide with the June 21, 2013 report and findings already issued by [the office for the prevention of harassment and discrimination], along with the new credible reports.\" Christenfeld contends that under this agreement he \"did not expressly or implicitly waive his right\" to be protected by the 2/16/25, 11:34 Christenfeld v. Regents of the Univ. of Cal., No. A162690 | Casetext Search + Citator 13/20 statute of limitations, and the agreement authorized the vice chancellor to file charges based on new alleged violations. But the vice chancellor is always authorized to bring charges based on new reports of violations. The agreement contemplated that when any new credible reports of misbehavior were received, the executive vice chancellor could immediately recommend discipline \"up to and including termination,\" without reference to the seriousness of any future reports, an indication that a new complaint could be based on the prior conduct contract must be interpreted in a way as to make it reasonable and capable of being carried into effect. (Civ. Code, \u00a7 1643.) The disciplinary committee concluded that \"[i]mposing an external three year limitation on the agreement would alter the plain meaning of the language and defeat the purpose of the agreement (to ensure that the behavior is not repeated).\" The trial court likewise concluded that, \"[f]airly read, the Agreement placed [Christenfeld] on notice that future acts of misconduct could subject him to *17 discipline including termination for his misconduct in 2013, and for subsequent misconduct.\" Reviewing the agreement de novo as there was no conflicting extrinsic evidence as to its meaning (Brandwein v. Butler (2013) 218 Cal.App.4th 1485, 1497-1498), we agree. And because we find no ambiguity in the agreement, we also reject Christenfeld's argument that any ambiguity should be interpreted in his favor (Civ. Code, \u00a7 1654). 17 We likewise reject Christenfeld's related argument that to the extent the university was permitted to pursue charges related to Jane Doe 1, the scope of those charges was impermissibly expanded beyond his role in evaluating Doe 1's application for admission into San Diego's graduate program. We agree with the Regents that this is simply another way of claiming that the university filed time-barred charges against him. And we agree with the two chairs of the psychology department who considered Christenfeld to be on a form of probation under the informal agreement. Once he was accused of additional misconduct, the university was entitled under its procedures and the informal agreement to pursue the charges it pursued. Christenfeld briefly contends that his disciplinary hearing \"was essentially a smear campaign and a forum for the University to shame [him] and police faculty and graduate student morality.\" Aside from this statement providing 2/16/25, 11:34 Christenfeld v. Regents of the Univ. of Cal., No. A162690 | Casetext Search + Citator 14/20 further evidence that Christenfeld continues to minimize his behavior and its effect on Jane Doe 1, it provides no support for issuing a writ of mandate. \"An administrative agency is not required to observe the strict rules of evidence enforced in the courts, and the admission or rejection of evidence is not ground for reversal unless there has been a denial of justice.\" (McCoy v. Board of Retirement (1986) 183 Cal.App.3d 1044, 1054.) There being no such denial of justice here, we reject Christenfeld's arguments. *18 18 B. Substantial Evidence Supports the Disciplinary Committee's Findings. Christenfeld next argues that the disciplinary committee's findings were supported by insufficient evidence. The parties disagree both about the standard of review and about whether there was sufficient evidence supporting the committee's conclusions. We agree with the Regents that we review the findings for substantial evidence and that they are supported by such evidence. 1. The Standard of Review. Where an administrative decision does not involve a fundamental vested right, the trial court reviews the record to determine whether the findings and decision are supported by substantial evidence. (Doe v. Regents of University of California, supra, 70 Cal.App.5th at pp. 532-533; Code Civ. Proc., \u00a7 1094.5, subd. (b).) But where an administrative decision affects a \"vested, fundamental right[],\" the trial court \"exercises its independent judgment upon the evidence disclosed [before the administrative body] in a limited trial de novo.\" (Bixby v. Pierno (1971) 4 Cal.3d 130, 143; Code Civ. Proc., \u00a7 1094.5, subd. (c).) \"The courts must decide on a case-by-case basis whether an administrative decision or class of decisions substantially affects fundamental vested rights and thus requires independent judgment review.\" (Bixby at p. 144.) Unlike in his briefs on the merits in the trial court, Christenfeld now argues that that he possessed a fundamental vested right to his tenured professorship and was thus entitled to a limited trial de novo. (E.g., Turner v. Board of Trustees (1976) 16 Cal.3d 818, 825 [\"a tenured teacher possesse[s] a vested right to be retained\"].) He is mistaken. \"[U]nder the California Constitution, article IX, section 9, the University as a *19 constitutionally 19 2/16/25, 11:34 Christenfeld v. Regents of the Univ. of Cal., No. A162690 | Casetext Search + Citator 15/20 created state institution has been delegated the quasi-judicial power to conduct its own administrative decisionmaking on staff employment matters.\" (Do v. Regents of University of California (2013) 216 Cal.App.4th 1474, 1477-1478; see also Strumsky v. San Diego County Employees Retirement Assn. (1974) 11 Cal.3d 28, 34-35 [independent judgment review inapplicable to \"agencies of constitutional origin which have been granted limited judicial power by the Constitution itself\"].) We thus review the disciplinary committee's decision for substantial evidence. There is a strong presumption as to its correctness and \"[w]e do not reweigh the evidence; we indulge all presumptions and resolve all conflicts in favor of the [university's] decision. Its findings come before us 'with a strong presumption as to their correctness and regularity.'\" (Camarena v. State Personnel Bd. (1997) 54 Cal.App.4th 698, 701.) Even if Christenfeld had been entitled to a less deferential standard of review in the trial court, there is no indication that the result would have been different. In its order denying Christenfeld's petition, the trial court stated it \"disagree[d] in the strongest terms\" with Christenfeld's argument that his conduct was \"benign.\" This suggests that the trial court did not consider this a close case. Neither do we. The evidence supports the committee's findings. 2. Substantial Evidence Supports the Disciplinary Committee's Findings Regarding Jane Doe 1. The disciplinary committee concluded that Christenfeld's evaluation of Jane Doe 1 for the graduate program at San Diego violated four university policies. Specifically, the conduct violated policies against (1) entering into a romantic or sexual relationship with any student for whom the faculty member has or reasonably should expect to have academic *20 responsibility (instructional, evaluative, or supervisory), (2) exercising such academic responsibility, and (3) violating policies against professional conduct. The committee also concluded that Christenfeld violated the anti- sexual harassment policy barring conflicts of interest where a faculty member engages in a decision affecting a person with whom a faculty member has a romantic or sexual relationship. 20 2/16/25, 11:34 Christenfeld v. Regents of the Univ. of Cal., No. A162690 | Casetext Search + Citator 16/20 Christenfeld stresses that when he originally entered into a relationship with Jane Doe 1 he did not have academic responsibility over her. In making this argument, he quotes selectively from investigatory memos prepared after the relationship was first discovered and suggests they somehow absolved him of any wrongdoing. To the contrary, one concluded that Christenfeld's behavior posed ethical and moral issues and evinced poor judgment, and the other stated that Christenfeld had been dishonest and did not fully appreciate the problem with his conduct. The remainder of Christenfeld's arguments amount to casting the evidence in the light most favorable to him. He quibbles about when Jane Doe 1 became interested in social psychology, his field of expertise. He also repeats his argument that he did not violate the informal agreement because it barred him only from entering into a new relationship, not from continuing his relationship with Doe 1. None of these arguments undermine the committee's ultimate conclusion, in light of all the evidence, that Christenfeld was in a relationship with someone over whom he should reasonably have expected to have academic responsibility. Christenfeld characterizes his role in evaluating Jane Doe 1 for admission to the graduate program as a \"[m]arginal [v]iolation\" of the faculty code of conduct and again summarizes the evidence in the light most favorable to him, downplaying the seriousness of the role he played. Giving *21 the deference we must to the disciplinary committee's findings, we cannot agree. 3. Substantial Evidence Supports the Disciplinary Committee's Findings Regarding Jane Doe 2. 21 We must also defer to the disciplinary committee's findings that Christenfeld's sending pornographic images to Jane Doe 2 amounted to sexual harassment in violation of the university polices against sexual harassment. Again, we conclude that the committee's conclusions were supported by substantial evidence. As he did at his discipline hearing, Christenfeld characterizes the message he sent as an \"errant email.\" He acknowledges that the email contained \"sexually graphic images\" but contends that it was not sent \"with any sexual intent of subtext [sic],\" and the sexual content was not \"severe.\" And he 2/16/25, 11:34 Christenfeld v. Regents of the Univ. of Cal., No. A162690 | Casetext Search + Citator 17/20 claims that a reasonable undergraduate student would not have found the email to be \"intimidating or offensive,\" in violation of the university's anti- harassment policies. In support of this assertion, he points to the testimony at his hearing that another professor teaches a course on human sexuality. As part of that course, students are shown videos of people masturbating and having anal sex, and the textbook is a \"sex manual.\" Presumably students who sign up for a course in human sexuality would know in advance that they would view explicit images, and they would reasonably expect that those images would be presented with appropriate context and for a legitimate educational purpose. This is far different from receiving unsolicited sexually graphic images from a professor sent from a university email account. Like the trial court, we disagree \"in the strongest terms\" with Christenfeld's argument that his behavior was benign, or that *22 that a reasonable undergraduate student would not be \"intimidated or offended\" by his email. 22 Considering all the evidence in the light most favorable to the Regents, we conclude that substantial evidence supports the disciplinary committee's findings that Christenfeld's conduct with respect to Jane Doe 2 violated university policies. C. The Regents Did Not Abuse Its Discretion When It Fired Christenfeld and Denied Him Emeritus Status. Lastly, Christenfeld argues that his dismissal and the denial of emeritus status was \"an overly severe sanction\" and asks us to set it aside. (Bold and capitalization omitted.) He acknowledges that we review the sanction for an abuse of discretion. That is,\" '[n]either a trial court nor an appellate court is free to substitute its discretion for that of an administrative agency concerning the degree of punishment imposed.'\" (Hughes v. Board of Architectural Examiners (1998) 68 Cal.App.4th 685, 692.) \"Moreover, '[i]t is only in the exceptional case, when it is shown that reasonable minds cannot differ on the propriety of the penalty, that an abuse of discretion is shown.'\" (Doe v. Regents of University of California (2016) 5 Cal.App.5th 1055, 1106.) Although reasonable minds might differ about the appropriateness of Christenfeld's discipline, we cannot say under the appropriate standard that 2/16/25, 11:34 Christenfeld v. Regents of the Univ. of Cal., No. A162690 | Casetext Search + Citator 18/20 it amounted to an abuse of discretion The judgment is affirmed. The Regents shall recover costs on appeal. *23 23 CONCUR: Margulies, J. Devine, J. [*] [*]Judge of the Superior Court of the County of Contra Costa, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. About us Jobs News Twitter Facebook LinkedIn Instagram 2/16/25, 11:34 Christenfeld v. Regents of the Univ. of Cal., No. A162690 | Casetext Search + Citator 19/20 Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/16/25, 11:34 Christenfeld v. Regents of the Univ. of Cal., No. A162690 | Casetext Search + Citator 20/20", "8689_104.pdf": "Nicholas Christenfeld Nicholas Christenfeld is a former professor of Psychology at the University of California, San Diego until his dismissal in 2019. He first joined the department in 1991 and was a full professor from 2003 to 2019. Among other research, he has promulgated the Theory of Deadly Initials and the theory that infants resemble their fathers more closely than they do their mothers.[1] More recently, he studied the tendency of people to choose purebred dogs which resembled them.[2] 1991 Ph.D. Columbia University. Thesis: Speech Disfluencies and the Effects of Mazes, Motives, and Metronomes. 1989 M.Phil. Columbia University. 1988 M.A. Columbia University. Thesis: Predicting Stock Market Predictions. 1985 B.A. Harvard College, cum laude with Highest Honors in Psychology. Christenfeld was fired from his tenured professorship and stripped of emeritus status after a year-long investigation found he had violated Title by mistakenly emailing a female student pornography in 2018. He had previously been the subject of five separate complaints, including substantiated allegations of sexual misconduct on university property and undisclosed romantic relationships with students. However, the university determined none of the prior complaints warranted significant disciplinary action.[3][4] 1. Christenfeld, N., & Hill, E.A. (1995). Whose baby are you? Nature, 378, 669 2. Roy, M; N. Christenfeld (2004). \"Do dogs resemble their owners?\". Psychological Science. 15 (5): 361\u2013363. doi:10.1111/j.0956-7976.2004.00684.x ( 684.x 15102149 ( S2CID 12531734 ( i.semanticscholar.org/CorpusID:12531734). 3. Coston, Ethan (17 February 2021 Professor Sent a Student Porn. Here's Why it Took a Year to Fire Him\" ( ent-porn-heres-why-it-took-a-year-to-fire-him/). Voice of San Diego. Retrieved 17 February 2021. 4. \"Christenfeld v. Regents of the University of Cal. CA1/1, A162690 (Cal. Ct. App. 2022)\" ( w.courtlistener.com/opinion/8511167/christenfeld-v-regents-of-the-university-of-cal-ca11/). CourtListener. Retrieved 2023-03-31. Education Title Investigations and Dismissal References 2/16/25, 11:34 Nicholas Christenfeld - Wikipedia was fired from his,female student pornography in 2018. 1/2 Retrieved from \" 2/16/25, 11:34 Nicholas Christenfeld - Wikipedia was fired from his,female student pornography in 2018. 2/2"} |
7,922 | Clark Calvin Griffith | William Mitchell College of Law | [
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] | {"7922_101.pdf": "Ex-law professor, 70, sentenced Ex-law professor, 70, sentenced for indecent exposure; claims for indecent exposure; claims student, 24, victimized him student, 24, victimized him 2/16/25, 11:34 Ex-law professor, 70, sentenced for indecent exposure; claims student, 24, victimized him \u2013 Twin Cities 1/5 By By | Pioneer Press | Pioneer Press UPDATED: UPDATED: November 10, 2015 at 2:19 November 10, 2015 at 2:19 June 2012 courtesy photo of Clark Calvin Griffith 10/17/41, of Minneapolis, who June 2012 courtesy photo of Clark Calvin Griffith 10/17/41, of Minneapolis, who pleaded guilty 6/12/12 in Ramsey County District Court to indecent exposure in an pleaded guilty 6/12/12 in Ramsey County District Court to indecent exposure in an incident involving a William Mitchell Law School student of his. He taught at the school incident involving a William Mitchell Law School student of his. He taught at the school and is son of former Twins owner Calvin Griffith. Photo courtesy Ramsey County and is son of former Twins owner Calvin Griffith. Photo courtesy Ramsey County sheriff\u2019s office. sheriff\u2019s office. She sat in the front row in his class, directly in his line of sight. She always She sat in the front row in his class, directly in his line of sight. She always dressed nicely. She lingered after class and sought his advice on career dressed nicely. She lingered after class and sought his advice on career matters. matters. Those were among the statements former adjunct William Mitchell College of Those were among the statements former adjunct William Mitchell College of Law professor Clark Calvin Griffith, 70, gave to a probation officer, ostensibly Law professor Clark Calvin Griffith, 70, gave to a probation officer, ostensibly describing how a 24-year-old student victimized him. Griffith was charged describing how a 24-year-old student victimized him. Griffith was charged with indecent exposure after he unzipped his pants on a busy St. Paul street with indecent exposure after he unzipped his pants on a busy St. Paul street in front of the student, then kissed her. in front of the student, then kissed her. \u201cThe defendant stated that he was the victim of a sexual assault and \u201cThe defendant stated that he was the victim of a sexual assault and described this experience as very traumatizing,\u201d Ramsey County District Judge described this experience as very traumatizing,\u201d Ramsey County District Judge George Stephenson said, quoting a presentencing report during a sentencing George Stephenson said, quoting a presentencing report during a sentencing hearing Thursday, July 26. hearing Thursday, July 26. Griffith also told the probation officer who prepared the report that \u201cwomen Griffith also told the probation officer who prepared the report that \u201cwomen want sexual power over men,\u201d said St. Paul prosecutor Steve Christie. want sexual power over men,\u201d said St. Paul prosecutor Steve Christie. The woman told police that Griffith, a lawyer specializing in sports law, made The woman told police that Griffith, a lawyer specializing in sports law, made unwanted advances toward her the evening of Jan. 24 after they discussed a unwanted advances toward her the evening of Jan. 24 after they discussed a law clinic in which she planned to work with him. law clinic in which she planned to work with him. After a meeting at Axel\u2019s Bonfire on Grand Avenue in St. Paul, Griffith said, the After a meeting at Axel\u2019s Bonfire on Grand Avenue in St. Paul, Griffith said, the woman made a pass at him, followed him to his car and put her hand on his woman made a pass at him, followed him to his car and put her hand on his pants, saying, \u201cWe\u2019ve got to go slow.\u201d pants, saying, \u201cWe\u2019ve got to go slow.\u201d Stephenson scoffed at that account. Stephenson scoffed at that account. \u201cAre you kidding me?\u201d the judge said. \u201cCome on, Mr. Griffith.\u201d \u201cAre you kidding me?\u201d the judge said. \u201cCome on, Mr. Griffith.\u201d 2/16/25, 11:34 Ex-law professor, 70, sentenced for indecent exposure; claims student, 24, victimized him \u2013 Twin Cities 2/5 When Griffith tried to interrupt, Stephenson said, \u201cDon\u2019t say another word, When Griffith tried to interrupt, Stephenson said, \u201cDon\u2019t say another word, because you\u2019re just pissing me off.\u201d because you\u2019re just pissing me off.\u201d Following the terms of a plea agreement reached June 12 on the Following the terms of a plea agreement reached June 12 on the misdemeanor charge, Stephenson stayed Griffith\u2019s sentencing for one year, misdemeanor charge, Stephenson stayed Griffith\u2019s sentencing for one year, meaning if Griffith follows terms of probation \u2014 including sex offender meaning if Griffith follows terms of probation \u2014 including sex offender treatment \u2014 the charge will be dismissed. treatment \u2014 the charge will be dismissed. Griffith also was fined $500 and ordered to stay away from the victim, who Griffith also was fined $500 and ordered to stay away from the victim, who tearfully watched the proceedings from the back of the courtroom. tearfully watched the proceedings from the back of the courtroom. Griffith entered an Alford plea to the charge, which means he did not admit Griffith entered an Alford plea to the charge, which means he did not admit guilt but agreed that there was enough evidence for a jury to likely find him guilt but agreed that there was enough evidence for a jury to likely find him guilty. guilty. Griffith, who gained prominence as the son of former Minnesota Twins owner Griffith, who gained prominence as the son of former Minnesota Twins owner Calvin Griffith and later as an expert in sports law, urged the student to sit Calvin Griffith and later as an expert in sports law, urged the student to sit next to him in the restaurant booth at their Jan. 24 meeting, the criminal next to him in the restaurant booth at their Jan. 24 meeting, the criminal complaint said. He asked her how pornography affected dating in her complaint said. He asked her how pornography affected dating in her generation. He complimented her appearance and placed her hand on his generation. He complimented her appearance and placed her hand on his groin. groin. After insisting he walk her to her car on Victoria Street that evening, he placed After insisting he walk her to her car on Victoria Street that evening, he placed her hand over his groin again, unzipped his pants and exposed himself, then her hand over his groin again, unzipped his pants and exposed himself, then kissed her, the complaint said. kissed her, the complaint said. Contacted at the time he was charged, Griffith called the allegations Contacted at the time he was charged, Griffith called the allegations \u201cridiculous\u201d and said there was \u201cnothing to this.\u201d \u201cridiculous\u201d and said there was \u201cnothing to this.\u201d When the woman complained to the school and then police, Griffith was told When the woman complained to the school and then police, Griffith was told to have no contact with her. Yet he repeatedly sent her text and Twitter to have no contact with her. Yet he repeatedly sent her text and Twitter messages and called here. messages and called here. In one voice message left for the woman the day after the incident, he said, In one voice message left for the woman the day after the incident, he said, \u201cAny hint of anything here and get shot. You don\u2019t want that, do you?\u201d \u201cAny hint of anything here and get shot. You don\u2019t want that, do you?\u201d Other messages implied that if she withdrew her complaint, she would be Other messages implied that if she withdrew her complaint, she would be helping both him and herself. helping both him and herself. The prosecutor, Christie, read a letter written by the woman. The prosecutor, Christie, read a letter written by the woman. \u201cClark Griffith held himself out to be a very important and influential person \u201cClark Griffith held himself out to be a very important and influential person in the community,\u201d she wrote. in the community,\u201d she wrote. 2/16/25, 11:34 Ex-law professor, 70, sentenced for indecent exposure; claims student, 24, victimized him \u2013 Twin Cities 3/5 After she reported the incident, Griffith \u201csent a barrage of messages\u201d that After she reported the incident, Griffith \u201csent a barrage of messages\u201d that included apologies, attempts at manipulation and veiled threats. included apologies, attempts at manipulation and veiled threats would not go out with friends after the incident, and my life was consumed would not go out with friends after the incident, and my life was consumed with having to let the police know each time a new communication was with having to let the police know each time a new communication was received,\u201d she wrote did not want to leave my apartment, and was received,\u201d she wrote did not want to leave my apartment, and was constantly checking out the window to make sure there were no new cars in constantly checking out the window to make sure there were no new cars in the parking lot was held hostage by the anxiety that he created in my life.\u201d the parking lot was held hostage by the anxiety that he created in my life.\u201d She also said she lost confidence in herself at school and struggled to She also said she lost confidence in herself at school and struggled to complete her second year of training for a career she had dreamed of since complete her second year of training for a career she had dreamed of since childhood. childhood. Griffith \u201cused his power and influence over me to position himself as a trusted Griffith \u201cused his power and influence over me to position himself as a trusted mentor, which in the end, he used only to attempt sexual gains,\u201d she wrote. mentor, which in the end, he used only to attempt sexual gains,\u201d she wrote. Griffith insisted at the hearing that he was remorseful. Griffith insisted at the hearing that he was remorseful have a habit of making amends, even when I\u2019m not guilty sometimes,\u201d he have a habit of making amends, even when I\u2019m not guilty sometimes,\u201d he said. \u201cThe effect of this event in my life has been absolutely devastating. What said. \u201cThe effect of this event in my life has been absolutely devastating. What she accounts as the effect on her has also been the effect on me.\u201d she accounts as the effect on her has also been the effect on me.\u201d Steve Linders, a spokesman for the law school, said Griffith resigned Jan. 30, Steve Linders, a spokesman for the law school, said Griffith resigned Jan. 30, four days after the incident. four days after the incident. The school\u2019s dean, Eric Janus, sent a letter to students, faculty and staff Feb. 7, The school\u2019s dean, Eric Janus, sent a letter to students, faculty and staff Feb. 7, saying the school \u201ctook steps to ensure the person accused had no contact saying the school \u201ctook steps to ensure the person accused had no contact with Mitchell students\u201d and \u201cterminated the attorney\u2019s relationship with the with Mitchell students\u201d and \u201cterminated the attorney\u2019s relationship with the college due to a violation of our policies.\u201d college due to a violation of our policies.\u201d Griffith spent 18 years in the Twins\u2019 front office as treasurer and executive vice Griffith spent 18 years in the Twins\u2019 front office as treasurer and executive vice president under his father, the former Senators owner who relocated the club president under his father, the former Senators owner who relocated the club from Washington, D.C., in 1961. from Washington, D.C., in 1961. Before his father sold the Twins to local banker Carl Pohlad in 1984, Griffith Before his father sold the Twins to local banker Carl Pohlad in 1984, Griffith worked for Major League Baseball for nine years as a labor consultant on the worked for Major League Baseball for nine years as a labor consultant on the players relations committee and as chairman of Properties, according to players relations committee and as chairman of Properties, according to his resume on the social media site LinkedIn. his resume on the social media site LinkedIn. Griffith is vice chairman of the National Sports Law Institute at Marquette Griffith is vice chairman of the National Sports Law Institute at Marquette University and chairman of the Sports Law Division of the American Bar University and chairman of the Sports Law Division of the American Bar Association, according to a biography on his firm\u2019s website. Association, according to a biography on his firm\u2019s website. 2/16/25, 11:34 Ex-law professor, 70, sentenced for indecent exposure; claims student, 24, victimized him \u2013 Twin Cities 4/5 2012 2012 \ue907 \ue907July July \ue907 \ue90725 25 Originally Published: Originally Published: July 25, 2012 at 11:01 July 25, 2012 at 11:01 He also has hosted seminars and written about labor relations and antitrust He also has hosted seminars and written about labor relations and antitrust laws in professional sports and has consulted with baseball general laws in professional sports and has consulted with baseball general managers on arbitration and contract negotiations, the website said. managers on arbitration and contract negotiations, the website said. Emily Gurnon can be reached at 651-228-5522. Follow her at Emily Gurnon can be reached at 651-228-5522. Follow her at twitter.com/emilygurnon twitter.com/emilygurnon.. 2/16/25, 11:34 Ex-law professor, 70, sentenced for indecent exposure; claims student, 24, victimized him \u2013 Twin Cities 5/5", "7922_102.pdf": "Son of ex-Twins owner suspended from practicing law after accusation of sexual harassment The Associated Press 13, 2013 1:01PM ST. PAUL, Minn Minneapolis attorney accused of sexually harassing one of his law students has been suspended from practicing law for 90 days, the Minnesota Supreme Court ruled in an order published Wednesday. Clark Griffith, the son of former Twins owner Calvin Griffith, must petition for reinstatement after the 90 days. Griffith, 72, was an adjunct professor at William Mitchell College of Law last year when he was accused of sexually harassing a then-24- year-old student by exposing himself to her and forcing her to touch him. He was also accused of trying to convince the student to recant her statement to authorities. He entered an Alford plea to a misdemeanor charge of indecent exposure. In an Alford plea, a defendant maintains innocence, but agrees evidence could lead to a conviction maintained my innocence throughout the whole deal,\" Griffith told The Associated Press on Wednesday. He said only half the story has been told, and notes that the court agreed to vacate and dismiss the case in July. When asked about his suspension, Griffith said don't understand the suspension, but the court can do what it wants. Time will pass, and it will end.\" Court documents show Griffith planned to argue the contact was consensual, had the case gone to trial. Justice David Lillehaug dissented, saying Griffith's suspension should be at least six months because a teacher's use of his position of power to sexually harass a law student is \"serious misconduct.\" Lillehaug also said Griffith has not shown remorse. Share More from Minnesota Star Tribune See More Homes of the Month Sign up for Star Tribune newsletters Minnesota News You Can Use Subscribe 2/16/25, 11:35 Son of ex-Twins owner suspended from practicing law after accusation of sexual harassment 1/3 Campaign promise fulfilled: Meet Scout, Gov. Tim Walz's new dog Your subscr goes beyon Already a s Start Now About Us Contact Us Work for Us News in Education Minnesota\u2019s Best High School Sports Hubs Mobile and Tablet Apps Policies and Standards Get in Touch Advertising Opportunities Media Kit Classifieds Public Notices Obituaries Strib Store Photo Reprints Full Page Archive: 150+ years Back Copies Commercial Reprints Licensing Help and Feedback Manage Your Account Newspaper Subscriptions Digital Access eEdition Text to Speech Terms of Use Privacy Policy Cookie Settings Site Index \u00a9 2025 StarTribune.All rights reserved. 02:38 2/16/25, 11:35 Son of ex-Twins owner suspended from practicing law after accusation of sexual harassment 2/3 2/16/25, 11:35 Son of ex-Twins owner suspended from practicing law after accusation of sexual harassment 3/3", "7922_103.pdf": "Home / Daily News / Former adjunct law prof suspended for 90 Former adjunct law prof suspended for 90 days after taking plea in law-student harassment case (HTTPS://WWW.ABAJOURNAL.COM/AUTHORS/5 7, 2013, 9:00 Tweet Email Print 70-year-old Minnesota sports law attorney has had his law license suspended for at least 90 days for sexual harassment after taking a plea in a criminal case in which he was accused of exposing himself to a female law student. Clark Calvin Griffith was an adjunct professor at William Mitchell College of Law at the time of the incident and was reportedly meeting with the student at a restaurant to discuss her participation in a legal clinic. He took a plea last year in Ramsey County District Court and was sentenced to probation and a fine, the Pioneer Press ( twins-exec-professor-suspended-lawyer-exposure) reports. The criminal case was then dismissed a year later. The suspension was imposed by the state supreme court Tuesday and takes effect Nov. 19. One member of the court argued that it should have been for at least six months. Griffith is the son of a former owner of the Minnesota Twins. Hat tip: Minneapolis/St. Paul Business Journal ( griffith-suspended-exposure-plea.html). See also: ABAJournal.com ( \u201cWilliam Mitchell Law Prof, Son of Onetime Team Owner, Is Accused of Exposing Himself\u201d ABAJournal.com ( \u201cFormer Adjunct Prof Faces Discipline Case After Plea re Indecent Exposure to Law Student\u201d Write a letter to the editor, share a story tip or update, or report an error. Share 2/16/25, 11:35 Former adjunct law prof suspended for 90 days after taking plea in law-student harassment case 1/2 Copyright 2025 American Bar Association. All rights reserved. 2/16/25, 11:35 Former adjunct law prof suspended for 90 days after taking plea in law-student harassment case 2/2", "7922_104.pdf": "From Casetext: Smarter Legal Research In re Petition for Disciplinary Action Against Clark Calvin Griffith Supreme Court of Minnesota. Nov 5, 2013 838 N.W.2d 792 (Minn. 2013) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free No. A12\u20132124. 2013-11-5 In re Petition for Clark Calvin II, a Minnesota Attorney, Registration No. 175638 Sign In Search all cases and statutes... Opinion Summaries Case details 2/16/25, 11:35 In re Petition for Disciplinary Action Against Clark Calvin Griffith, 838 N.W.2d 792 | Casetext Search + Citator 1/9 The Director of the Office of Lawyers Professional Responsibility filed a petition for disciplinary action alleging that respondent Clark Calvin Griffith committed professional misconduct warranting public discipline. The allegations of professional misconduct relate to respondent's conduct with respect to a law student he had taught and was supervising in an independent clinic. The matter was referred to a referee. In the findings of fact, conclusions of law, and recommendation for discipline, the referee found that respondent: (1) made unwelcome comments about the student's appearance; (2) engaged in unwelcome physical contact of a sexual nature with the student; and (3) attempted to convince the student to recant complaints she had made to authorities about him. The referee also found, as an aggravating factor, that respondent took advantage of the student while in a position of authority over her. The referee concluded that respondent violated Minn. R. Prof. Conduct 8.4(b), (d), and (g) and recommended that respondent be suspended for 90 days and that he be allowed to be reinstated by affidavit. The parties then entered into a stipulation in which they agreed that the referee's findings and conclusions are conclusive. They also waived their right to briefing and oral argument before this court. The parties recommended that the court impose the referee's proposed discipline. Respondent acknowledged, however, that that the court \u201cmay impose any of the sanctions set forth in Rule 15(a)(1)-(9), Rules on Lawyers Professional Responsibility (RLPR), including making any disposition it deems appropriate.\u201d The court issued an order to show cause, directing the parties to file memoranda of law explaining why respondent should not be disciplined more severely than recommended by the parties. The parties filed memoranda in response to the order to show cause. The circumstances of respondent's sexual harassment of a law student he was supervising and his attempts to pressure this law student into recanting her complaints against him are a serious breach of the standards of professional conduct required of an attorney licensed in the State of Minnesota. Nevertheless, the purpose of discipline for professional misconduct is not to punish the attorney but to protect the public and the 2/16/25, 11:35 In re Petition for Disciplinary Action Against Clark Calvin Griffith, 838 N.W.2d 792 | Casetext Search + Citator 2/9 judicial system and to deter future professional misconduct. In re Plummer, 725 N.W.2d 96, 98 (Minn.2006). We have independently reviewed the file and approve the recommended disposition in part. We agree that a 90\u2013day suspension should be imposed. However, respondent will be required to petition for reinstatement, in accordance with Rule 18(a)-(d suspension coupled *793 with the requirement to petition for reinstatement will adequately protect the public and the judicial system and deter future professional misconduct by respondent and others. 793 Based upon all the files, records, and proceedings herein that respondent Clark Calvin Griffith is indefinitely suspended from the practice of law, effective 14 days from the date of the filing of this order, with no right to petition for reinstatement for a minimum of 90 days from the date of this order. Respondent may petition for reinstatement pursuant to Rule 18(a)-(d), RLPR. Reinstatement is conditioned on successful completion of the professional responsibility portion of the state bar examination and satisfaction of continuing legal education requirements, pursuant to Rule 18(e), RLPR. Respondent shall comply with Rule 26 (requiring notice of suspension to clients, opposing counsel, and tribunals), and shall pay $900 in costs pursuant to Rule 24 COURT: /s/____________________ Alan C. Page Associate Justice GILDEA, C.J., took no part in the consideration or decision of this case. WRIGHT, J., took no part in the consideration or decision of this case LILLEHAUG, Justice (dissenting). 2/16/25, 11:35 In re Petition for Disciplinary Action Against Clark Calvin Griffith, 838 N.W.2d 792 | Casetext Search + Citator 3/9 This matter is before us on the parties' stipulation for discipline, which asks the court to adopt the referee's recommendation that respondent Clark Calvin Griffith be suspended from the practice of law for 90 days. Today, the court adopts the referee's recommendation, but adds the requirement that Griffith must petition for reinstatement fully agree with that requirement, but write separately because, in my view, Griffith's misconduct warrants a longer suspension than 90 days. As first urged by the Director of the Office of Lawyers Professional Responsibility, the suspension should be indefinite with no right to petition for reinstatement for 6 months. I. The Director and Griffith stipulated to the facts before the referee brief review of the referee's findings and conclusions is necessary to present a clear picture of Griffith's misconduct. Griffith was an adjunct professor at William Mitchell College of Law (WMCL) who taught a class in sports law. Griffith advised students that he had helped other students get internships in the sports world. One of his students, M.D., wished to practice in sports law. She asked Griffith, and he agreed, to be her field supervisor for the next semester as part of WMCL's program of \u201cindependent clinics.\u201d They agreed to meet weekly to plan M.D.'s assignments. Their third meeting occurred at a restaurant on the evening of January 24, 2012. The referee found that, at that meeting, Griffith \u201cengaged in verbal and physical conduct and communications of a sexual nature that were not welcomed by M.D. and heightened her feelings of discomfort with\u201d Griffith. 1 1 After the first two meetings, M.D. sent an e-mail to the Dean of Students expressing \u201csome concerns\u201d about comments Griffith made to her. Griffith's misconduct escalated when the two left the restaurant. The referee found that, while standing near M.D.'s parked *794 car, Griffith \u201cengaged in additional verbal and physical conduct and communications of a sexual nature that were not welcomed by M.D. and that subsequently resulted in his being criminally charged with indecent exposure.\u201d Specifically, based on Griffith's admission, the referee found that Griffith 794 2/16/25, 11:35 In re Petition for Disciplinary Action Against Clark Calvin Griffith, 838 N.W.2d 792 | Casetext Search + Citator 4/9 \u201cunzipped his pants, exposed his penis to M.D., and then took M.D.'s hand and forced her to touch his penis.\u201d The next day, M.D. complained to about Griffith's conduct promptly directed Griffith not to have contact with M.D. and not to enter WMCL's campus without prior permission. Instead, Griffith repeatedly contacted M.D. in writing by electronic means. He urged her: \u201cPlease rescind the complaint and promise to be gentleman in all ways as well as doing what can to help you.\u201d (Emphasis added.) In a communication the same day, he told her, \u201c for both our sakes we must rescind the complaint.\u201d (Emphasis added.) M.D. reported Griffith's contact to promptly repeated its admonition not to have contact. Griffith, however, contacted M.D. the next day. Again he referenced M.D.'s future, saying was serious about a job because think you are a smart and decent person.\u201d (Emphasis added.) After learning that M.D. had complained to law enforcement, Griffith contacted M.D. again, asking why she wanted to \u201cdestroy\u201d him. M.D. told him to stop contacting her, stating unequivocally: \u201cStop trying to contact me in any way don't want to talk to you.\u201d Griffith persisted am trying to figure out why you are trying to kill me as the charge will kill me. It won't do you any good either.\u201d (Emphasis added terminated its relationship with Griffith. According to Griffith's attorney, the Ramsey County Attorney's Office declined to prosecute for criminal sexual conduct. The Saint Paul City Attorney's Office charged Griffith with indecent exposure in violation of Minn.Stat. \u00a7 617.23, subd. 1(1) (2012), a misdemeanor. Griffith entered an Alford plea and was adjudicated guilty. The State agreed to vacate the plea and dismiss the case if Griffith complied with the conditions of a 1\u2013year supervised probation. The public record shows that the case has been dismissed. 2 2 An Alford plea is a guilty plea that a defendant enters as part of a plea bargain, but without actually admitting guilt. See State v. Goulette, 258 N.W.2d 758, 760 (Minn.1977) (approving for use in Minnesota the procedure adopted in North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970)). 2/16/25, 11:35 In re Petition for Disciplinary Action Against Clark Calvin Griffith, 838 N.W.2d 792 | Casetext Search + Citator 5/9 Based on the facts stipulated and found, the referee concluded that Griffith made unwelcome comments about M.D.'s appearance, engaged in unwanted physical conduct with M.D., and continued communications with her after being instructed to have no further contact. The referee found that, as M.D.'s professor and field supervisor, Griffith \u201cwas in a position of power and authority vis-\u00e1-vis M.D.\u201d The referee also found that, in interacting with M.D., Griffith \u201cwas acting in the professional capacity of a lawyer.\u201d Griffith's misconduct \u201csubstantially interfered with the course of M.D.'s legal education at WMCL.\u201d The referee concluded that, \u201call while in a position of power and authority over M.D.,\u201d Griffith violated Minn. R. Prof. Conduct 8.4(b) (committed a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects), 8.4(d) (engaged in conduct that is prejudicial to the administration of justice), and 8.4(g) (harassed a person on the basis of sex in connection with professional activities).*795 795 Griffith opposed any public discipline. The Director sought to have him suspended indefinitely from the practice of law for a minimum of 6 months with the requirement of a petition for reinstatement. The referee recommended a 90\u2013day suspension without the requirement of a petition for reinstatement. Now this court has decided upon a 90\u2013day suspension with the requirement of a petition for reinstatement. In my view, even taking into account that the reinstatement process will take some time, the suspension is too brief. II. In a case such as this, where the parties have agreed that the referee's findings and conclusions are conclusive, the remaining issue is the appropriate discipline. Griffith committed two distinct courses of serious misconduct: sexual harassment followed by interference with a law school's and law enforcement's administration of justice. Griffith's courses of misconduct have a common denominator: the use and abuse of power and authority. In his dealings with M.D., Griffith was acting both as her teacher and as someone purportedly influential in the visible and competitive world of sports. Given the singular facts of this case have found no precisely or even closely congruent Minnesota Supreme Court precedent. 2/16/25, 11:35 In re Petition for Disciplinary Action Against Clark Calvin Griffith, 838 N.W.2d 792 | Casetext Search + Citator 6/9 We start with a serious, even criminal, case of sexual harassment teacher's use of his or her position of power to sexually harass a law student is serious misconduct. As the court has previously noted in a case of sexual harassment, \u201ca law student who wants to become eligible to practice law is a virtual captive of the law school. The law student can neither leave [by quitting immediately] and go elsewhere to school nor risk retaliation which might take the form of expulsion or failing grades.\u201d In re Peters, 428 N.W.2d 375, 381 (Minn.1988). In this case, Griffith's power was enhanced because he expressly invoked his ability to help students land positions in the sports world. The harassment culminated in an act that, based on the referee's explicit findings, fits the statutory definition of criminal sexual conduct. Fifth- degree criminal sexual conduct has two elements: (1) sexual contact; (2) that is \u201cnonconsensual.\u201d Minn.Stat. \u00a7 609.3451, subd. 1(1) (2012). In a memorandum to this court, Griffith admits sexual contact but not non- consent. But the referee found, based on Griffith's admission, that after Griffith unzipped his pants and exposed himself, he \u201ctook M.D.'s hand and forced her to touch his penis.\u201d Griffith has agreed to these findings. And no plausible argument can be made that a teacher taking a student's hand and forcing genital contact was consensual. 3 3 In an affidavit to this court, Griffith's attorney states: \u201cHad criminal sexual conduct charges been filed, Mr. Griffith would have insisted upon a jury trial, and would have advanced the defense of consent.\u201d There is, however, no requirement that a lawyer be charged with or convicted of a specific offense in order for this court to discipline a lawyer for committing illegal actions. See In re Johnson, 414 N.W.2d 199, 202 (Minn.1987) (\u201cEven though [the attorney] has not been criminally charged for violation of that statute, we may still impose discipline for illegal actions in violation thereof.\u201d). The second course of conduct was Griffith's efforts to interfere with law school and law enforcement processes. Griffith's written threats and inducements to M.D. conveyed a message that was crystal clear properly directed Griffith not to contact M.D. But this conflicted with Griffith's strategy. He told M.D.: \u201c We will get over this if we keep it contained.\u201d (Emphasis added.) Griffith tried to \u201ccontain\u201d the problem by 2/16/25, 11:35 In re Petition for Disciplinary Action Against Clark Calvin Griffith, 838 N.W.2d 792 | Casetext Search + Citator 7/9 reminding M.D. of his position of power and authority, including*796 that he was \u201cserious about a job\u201d for her. So, he ignored WMCL's admonitions. 796 Griffith's strategy of containment continued after the matter was referred to law enforcement. Griffith ignored the unequivocal instruction of M.D., the criminal complainant, to cease contact. Referring to a potential criminal charge, he advised her: \u201cIt won't do you any good either.\u201d Griffith's combination of threats and inducements was misconduct seriously prejudicial to the administration of justice. Besides the two courses of serious misconduct am greatly concerned that there is nothing in the record showing remorse. As the referee noted: \u201cThe stipulation of fact and the entire record does not allow a finding on remorse one way or the other.\u201d While Griffith's electronic communications to M.D. express his sorrow and shame, one cannot tell if his apology was genuine or was merely part of his strategy to \u201ckeep it contained certainly understand that this court gives great weight to a referee's recommendation for discipline. See, e.g., In re Selmer, 529 N.W.2d 684, 687 (Minn.1995 also recognize that the Director and Griffith agreed not to challenge the referee's recommendation. However, we have noted that \u201c[i]t is not unusual for this court to substitute its judgment for [the] referee['s] recommendations.\u201d In re Boyd, 430 N.W.2d 663, 664 (Minn.1988) (rejecting the parties' stipulation that the court impose the discipline recommended by the referee and imposing a longer suspension). Especially when the referee's recommendation is based on stipulated facts, we should not hesitate to exercise our \u201cfinal responsibility for determining the appropriate discipline.\u201d In re Wentzel, 711 N.W.2d 516, 520 (Minn.2006). As always in attorney discipline cases, we act not to punish the wrongdoer but to protect the public, deter future misconduct, and restore public confidence in the legal system. In re Crandall, 699 N.W.2d 769, 771 (Minn.2005). In determining the appropriate discipline to impose, we consider the nature of the misconduct, the cumulative weight of the violations, the harm to the public, and the harm to the legal profession. In re Jones, 834 N.W.2d 671, 681 (Minn.2013 90\u2013day suspension does not sufficiently reflect the seriousness of the attorney's misconduct and the 2/16/25, 11:35 In re Petition for Disciplinary Action Against Clark Calvin Griffith, 838 N.W.2d 792 | Casetext Search + Citator 8/9 harm it has caused to the legal profession and the public. Based on the specific facts of this case, a longer suspension would better protect the public, deter future misconduct, and restore public confidence. 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. 2/16/25, 11:35 In re Petition for Disciplinary Action Against Clark Calvin Griffith, 838 N.W.2d 792 | Casetext Search + Citator 9/9", "7922_105.pdf": "RE: Petition for Reinstatement of Clark Calvin (2016) Supreme Court of Minnesota RE: Petition for Reinstatement of Clark Calvin GRIFFITH, II, a Minnesota Attorney, Registration No. 0175638. No. A15\u20131186. Decided: August 17, 2016 Clark Calvin Griffith, II, Minneapolis, MN, pro se. Susan M. Humiston, Director, Julie E. Bennett, Senior Assistant Director, Office of Lawyers Professional Responsibility, Saint Paul, MN, for respondent By order dated November 5, 2013, we suspended petitioner Clark Calvin Griffith, II, indefinitely with no right to petition for reinstatement for 90 days. Griffith filed a petition for reinstatement on July 23, 2015. After a hearing, a panel of the Lawyers Professional Responsibility Board (the panel) concluded that Griffith did not prove by clear and convincing evidence that he has undergone a moral change, and therefore recommended denial of Griffith's petition for reinstatement. Griffith contests the panel's findings and recommendation, arguing that he should be reinstated. The Director of the Office of Lawyers Professional Responsibility (the Director) agrees with the panel's recommendation. After independently reviewing the record, we conclude that the panel's determination was not clearly erroneous. Therefore, we deny Griffith's petition for reinstatement. I. \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/16/25, 11:35 RE: Petition for Reinstatement of Clark Calvin (2016) | FindLaw conducted an investigation into,The Director opposed reinstatement. 1/11 Griffith was admitted to practice law in Minnesota in 1986. In 2013 we suspended Griffith indefinitely with no right to petition for reinstatement for a minimum of 90 days due to his: (1) sexual harassment of a law student that he was supervising at William Mitchell College of Law (WMCL); and (2) attempts to pressure the law student into recanting her complaints against him. In re Griffith, 838 N.W.2d 792, 793 (Minn.2013). On January 24, 2012, Griffith, an adjunct professor, and the law student met at a restaurant in Saint Paul as part of an independent study clinic. As Griffith has stipulated, during the meeting, he \u201cengaged in verbal and physical conduct and communications of a sexual nature that were not welcomed by [the student] and heightened her feelings of discomfort with [Griffith].\u201d The meeting ended and Griffith walked the student to her car. As Griffith has further stipulated, he then \u201cunzipped his pants, exposed his penis to [the student], and then took [the student's] hand and forced her to touch his penis.\u201d The next day the student reported the incident to directed Griffith to have no contact with the student, but he continued to call, text, and send messages. These communications included multiple attempts by Griffith to convince the student to recant the complaints she made to authorities was notified of the communications and sent Griffith a second notice to have no contact with the student. Griffith again disregarded the instruction and contacted the student to ask why she had filed a criminal complaint against him. The student told Griffith to stop contacting her conducted an investigation into the incident and terminated Griffith's employment. On June 12, 2012, Griffith entered an Alford plea and was found guilty of indecent exposure. On July 23, 2015, Griffith filed his petition for reinstatement. The Director opposed reinstatement. After a hearing, the panel recommended denial of Griffith's petition. The panel concluded that Griffith \u201cha[d] not proven by clear and convincing evidence that he has undergone the requisite moral change to render him fit to resume the practice of law.\u201d II. \u201c \u2018[A]n attorney applying for reinstatement must establish by clear and convincing evidence that \u2024 he has undergone such a moral change as now to render him a fit person to enjoy the public confidence and trust once forfeited.\u2019 \u201d In re Jellinger, 728 N.W.2d 917, 922 (Minn.2007) (quoting In re Porter, 472 N.W.2d 654, 655 (Minn.1991)). Clear and convincing evidence is \u201cunequivocal, intrinsically probable and credible, and free from frailties.\u201d Gassler v. State, 787 N.W.2d 575, 583 (Minn.2010). Our scope of review in matters such as this is well established. When, as here, a petitioner orders a transcript of a reinstatement hearing, \u201cthe panel's findings \u2018are not binding on this court.\u2019 \u201d In re Mose, 754 N.W.2d 357, 360 (Minn.2008) (quoting In re Selmer, 749 N.W.2d 30, 35 (Minn.2008)); see also Rule 14(e), Rules on Lawyers Professional Responsibility. After independently reviewing the record, we \u201cwill uphold the panel's factual findings if they have evidentiary support in the record and are not clearly 2/16/25, 11:35 RE: Petition for Reinstatement of Clark Calvin (2016) | FindLaw conducted an investigation into,The Director opposed reinstatement. 2/11 erroneous.\u201d Mose, 754 N.W.2d at 360. \u201cAs a general rule we will defer to a panel's finding that a petitioner's testimony that he has undergone the requisite moral change is not credible\u2024\u201d Id. at 362. \u201cEvidence of this moral change \u2018must come not only from an observed record of appropriate conduct, but from the petitioner's own state of mind and his values.\u2019 \u201d Porter, 472 N.W.2d at 655 (quoting In re Hanson, 454 N.W.2d 924, 925 (Minn.1990)). \u201cThis standard requires stronger proof of good character and trustworthiness than is required in an original application for admission to practice.\u201d Id. at 655\u201356. \u201cGenerally, to prove moral change a lawyer must show remorse and acceptance of responsibility for the misconduct, a change in the lawyer's conduct and state of mind that corrects the underlying misconduct that led to the suspension, and a renewed commitment to the ethical practice of law.\u201d In re Mose, 843 N.W.2d 570, 575 (Minn.2014). In addition to moral change, on a petition for reinstatement we also consider: (1) compliance with the terms of the suspension order; (2) the attorney's recognition of the wrongfulness of his or her misconduct; (3) the length of time since suspension; (4) the seriousness of the original misconduct; (5) the attorney's physical or mental illness or pressures that may be susceptible to correction; and (6) the attorney's intellectual competence to practice law. Id. at 574. Moral change and recognition of wrongfulness are overlapping factors. \u201cWhile moral change and recognition of wrongfulness are considered to be only two factors in the overall analysis, we have previously recognized the \u2018decisive\u2019 nature of these factors.\u201d In re Holker, 765 N.W.2d 633, 639 n. 2 (Minn.2009) (citation omitted). III. The panel addressed each factor. It determined that: (1) Griffith had complied with the terms of the suspension order; (2) he had not demonstrated insight into the wrongfulness of his conduct and accepted personal responsibility for his actions; (3) he had been suspended for 2 years; (4) he was convicted of misdemeanor indecent exposure; (5) no evidence or testimony was received that would indicate a physical or mental illness or pressure; and (6) evidence suggested that he was competent to practice law. Finally, the panel concluded that Griffith had not demonstrated moral change. In support of its determinations on moral change and recognition of wrongfulness, the panel made multiple findings: 1. Griffith agreed to an Alford plea, which did not require him to acknowledge guilt. The transcript shows that the panel had difficulty getting Griffith to acknowledge the conviction and the finding of guilt. 2. Griffith attempted what the panel called \u201cmoral shifting of blame\u201d by suggesting that his misconduct had been caused by the side effects of a \u201cmedical cocktail.\u201d 2/16/25, 11:35 RE: Petition for Reinstatement of Clark Calvin (2016) | FindLaw conducted an investigation into,The Director opposed reinstatement. 3/11 3. Griffith \u201cdid not articulate the difference between his past and present attitudes.\u201d 4. Griffith testified, contrary to his stipulation in the disciplinary proceeding, that both he and the student engaged in verbal and physical conduct of a sexual nature. 5. Griffith implied that the student was pursuing him. He did not acknowledge the student's experience or express an understanding of or appreciation for the suffering that his actions inflicted on his victim. Based on these findings, the panel concluded that Griffith \u201chas not proven by clear and convincing evidence that he has undergone the requisite moral change to render him fit to resume the practice of law.\u201d Based on our independent review of the record, we hold that the panel's findings and conclusions are not clearly erroneous, and are well supported by the record. In particular, we note, as did the panel, that in the underlying disciplinary proceeding, Griffith stipulated that he took the student's hand and forced her to touch his penis. But, before the panel, Griffith said don't know whether exposed myself or not.\u201d Similarly, although Griffith had stipulated previously that his advances were not welcomed by the student, he told the panel that he \u201cthought that meant that we both engaged in\u201d inappropriate sexual conduct. At oral argument, he told our court that the sexual contact, although it was his \u201cfault, in that allowed it to happen,\u201d \u201cwas consensual to the extent that two people participated.\u201d Like the panel, we are concerned that Griffith has tried to equivocate on the facts to which he voluntarily stipulated in the disciplinary proceeding. Most of Griffith's arguments to us take issue with the specific details of, and inferences from, his testimony before the panel. Griffith's arguments are not sufficient to persuade us that he carried his burden by clear and convincing evidence. The panel did not find Griffith credible on key points in his testimony. We defer to the panel's credibility determinations. Mose, 754 N.W.2d at 362. See In re Anderson, 759 N.W.2d 892, 896 (Minn.2009) (\u201cThe referee's findings that are based on a respondent's \u2018demeanor, credibility, or sincerity\u2019 will be reversed only if \u2018upon review of the entire evidence, [we are] left with the definite and firm conviction that a mistake has been made.\u2019 \u201d (quoting In re Moulton, 721 N.W.2d 900, 905 (Minn.2006))). Griffith makes three specific arguments, none of which has merit. First, Griffith contends that the panel erred in failing to fully consider evidence that his misconduct was the result of an adverse reaction to prescribed medication. Although the panel allowed Griffith to testify on the subject, and he stated that a medical condition \u201ccaused the problem,\u201d the panel denied his request to submit testimony by, or a report from, a neurologist. The panel did not err because Griffith's disclosure of medical evidence was untimely. The parties' witness and exhibit lists were due to the panel on October 22, 2015. Griffith requested, and was granted, a 1\u2013week extension. Griffith indicated he had an appointment scheduled with a neurologist 2/16/25, 11:35 RE: Petition for Reinstatement of Clark Calvin (2016) | FindLaw conducted an investigation into,The Director opposed reinstatement. 4/11 on October 26, 2015. However, Griffith did not disclose either the neurologist's report or the possibility of calling the neurologist as a witness when he submitted his exhibit and witness lists on October 29, 2015. On November 6, 2015, Griffith sent the Director a notice of request to call the neurologist, but did not include the report or a signed medical waiver. On November 13, 2015, Griffith sent an e-mail to the panel chair requesting permission to present the neurologist's report at the hearing without testimony. The Director received a signed medical release from Griffith on November 16, 2015. The panel hearing was 2 days later. Griffith's request was denied during the hearing. The panel reasoned that admitting the report would unfairly prejudice the Director because the Director would not have time to \u201cadequately prepare for a report that would be received less than 48 hours before the scheduled reinstatement hearing.\u201d Under the circumstances, the panel's decision not to allow the neurologist's report due to its untimeliness and not to give weight to Griffith's alleged medical condition was not an abuse of discretion. Second, Griffith argues that the panel did not give proper weight to his witnesses' testimony. Griffith called five witnesses, four of whom have known him for decades. But most of the witnesses who knew Griffith at the time of the sexual misconduct lacked personal knowledge about it. One witness explicitly directed Griffith not to discuss the misconduct with him. The only witness who previously knew Griffith and discussed the sexual misconduct with him appeared confused during the panel hearing, because the facts to which Griffith had stipulated were inconsistent with Griffith's later account. Further, none of Griffith's witnesses provided specific examples of how he had demonstrated a moral change. For these reasons, we conclude that the panel did not clearly err when it gave little or no weight to the testimony of Griffith's witnesses. Finally, Griffith contends that he was not able to fully express himself regarding his understanding and appreciation of the harm the student experienced because she has sued him. He suggests that, because her civil attorneys were present at the panel hearing, he was inhibited from delivering candid testimony. If so, it was a problem of his own making. Griffith chose to petition for reinstatement while the student's civil lawsuit against him was pending. He knew, or should have known, that the panel hearing was public. In summary, we are not left with a definite and firm conviction that the panel erred. Griffith is not entitled to reinstatement at this time because he failed to prove by clear and convincing evidence that he has recognized the wrongfulness of his conduct and has undergone the requisite moral change. Petition denied CURIAM. GILDEA, C.J., took no part in the consideration or decision of this case. 2/16/25, 11:35 RE: Petition for Reinstatement of Clark Calvin (2016) | FindLaw conducted an investigation into,The Director opposed reinstatement. 5/11 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 RE: Petition for Reinstatement of Clark Calvin (2016) Docket No: No. A15\u20131186. Decided: August 17, 2016 2/16/25, 11:35 RE: Petition for Reinstatement of Clark Calvin (2016) | FindLaw conducted an investigation into,The Director opposed reinstatement. 6/11 Court: Supreme Court of Minnesota. Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer \uf105 \uf105Practice Management \uf105Legal Technology \uf105Law Students Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 For Legal Professionals 2/16/25, 11:35 RE: Petition for Reinstatement of Clark Calvin (2016) | FindLaw conducted an investigation into,The Director opposed reinstatement. 7/11 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. 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Terms > | Privacy > | Disclaimer > | Cookies > 2/16/25, 11:35 RE: Petition for Reinstatement of Clark Calvin (2016) | FindLaw conducted an investigation into,The Director opposed reinstateme\u2026 11/11", "7922_106.pdf": "June 2012 courtesy photo of Clark Calvin Griffith 10/17/41, of Minneapolis, who June 2012 courtesy photo of Clark Calvin Griffith 10/17/41, of Minneapolis, who pleaded guilty 6/12/12 in Ramsey County District Court to indecent exposure in an pleaded guilty 6/12/12 in Ramsey County District Court to indecent exposure in an Lawyer suspended over sex Lawyer suspended over sex harassment harassment 2/16/25, 11:36 Lawyer suspended over sex harassment \u2013 Twin Cities 1/3 By By | | ppress@pioneerpress.com ppress@pioneerpress.com UPDATED: UPDATED: November 6, 2015 at 1:36 November 6, 2015 at 1:36 incident involving a William Mitchell Law School student of his. He taught at the school incident involving a William Mitchell Law School student of his. He taught at the school and is son of former Twins owner Calvin Griffith. Photo courtesy Ramsey County and is son of former Twins owner Calvin Griffith. Photo courtesy Ramsey County sheriff\u2019s office. sheriff\u2019s office former William Mitchell College of Law adjunct professor has been barred former William Mitchell College of Law adjunct professor has been barred from practicing law for at least 90 days for sexually harassing a student he from practicing law for at least 90 days for sexually harassing a student he was advising. was advising. Clark Calvin Griffith, 70, was fined and sentenced to probation last year in Clark Calvin Griffith, 70, was fined and sentenced to probation last year in Ramsey County District Court after a plea deal in which he was found guilty of Ramsey County District Court after a plea deal in which he was found guilty of exposing himself to the student and placing her hand on his crotch. exposing himself to the student and placing her hand on his crotch. That incident followed a dinner in which he made sexually charged comments That incident followed a dinner in which he made sexually charged comments toward the student. Afterward, Griffith contacted the student against her toward the student. Afterward, Griffith contacted the student against her wishes and tried to persuade her to drop the complaint. wishes and tried to persuade her to drop the complaint. The student was meeting with Griffith, a sports law attorney and the son of The student was meeting with Griffith, a sports law attorney and the son of former Minnesota Twins owner Calvin Griffith, because he was supervising an former Minnesota Twins owner Calvin Griffith, because he was supervising an independent clinic she was taking through the college. independent clinic she was taking through the college. He resigned from the law school shortly after the incident. As part of his plea He resigned from the law school shortly after the incident. As part of his plea agreement, the case was dismissed after a year. agreement, the case was dismissed after a year. The Minnesota Supreme Court imposed the suspension Tuesday after a The Minnesota Supreme Court imposed the suspension Tuesday after a petition of the Office of Lawyers Professional Responsibility, which monitors petition of the Office of Lawyers Professional Responsibility, which monitors lawyers\u2019 conduct in Minnesota. lawyers\u2019 conduct in Minnesota. The suspension is effective Nov. 19, and Griffith will have to apply for The suspension is effective Nov. 19, and Griffith will have to apply for reinstatement afterward. reinstatement afterward. One Supreme Court justice, David Lillehaug, dissented, saying the suspension One Supreme Court justice, David Lillehaug, dissented, saying the suspension was too short; he said Griffith should be suspended for at least six months. was too short; he said Griffith should be suspended for at least six months. 2/16/25, 11:36 Lawyer suspended over sex harassment \u2013 Twin Cities 2/3 2013 2013 \ue907 \ue907November November \ue907 \ue90766 Originally Published: Originally Published: November 6, 2013 at 11:01 November 6, 2013 at 11:01 Griffith spent 18 years in the Twins\u2019 front office as treasurer and executive vice Griffith spent 18 years in the Twins\u2019 front office as treasurer and executive vice president under his father, the former Senators owner who relocated the club president under his father, the former Senators owner who relocated the club from Washington, D.C., in 1961. from Washington, D.C., in 1961. Emily Gurnon contributed to this story. Marino Eccher can be reached at 651- Emily Gurnon contributed to this story. Marino Eccher can be reached at 651- 228-5421. Follow him at 228-5421. Follow him at twitter.com/marinoeccher twitter.com/marinoeccher.. 2/16/25, 11:36 Lawyer suspended over sex harassment \u2013 Twin Cities 3/3", "7922_108.pdf": "(/) Upcoming Event (/SUBSCRIBE) ( submitted- photo.jpg) Clark Calvin Griffith Home(/) > All News(Https://Minnlawyer.Com/Category/Legal-News/) > Clark Griffith suspended for 90 days Clark Griffith suspended for 90 days Elizabeth Ahlin ( // November 7, 2013 // 4 Minute Read 11%2F07%2Fclark-griffith- 0suspended%20for%2090%20days) (mailto:?subject=Clark Griffith suspended for 90 days&body former adjunct professor of law has been indefinitely suspended from the practice of law by the Supreme Court. Clark Calvin Griffith can petition for reinstatement after 90 days,... You can read the content in details following link https%3A%2F%2Fminnlawyer.com%2F2013%2F11%2F07%2Fclark- griffith-suspended-for-90-days%2F) Listen to this article former adjunct professor of law has been indefinitely suspended from the practice of law by the Supreme Court. Clark Calvin Griffith can petition for reinstatement after 90 days, a determination that prompted both a lengthy dissent from the court\u2019s newest justice, who stated that the suspension period is too short, and disappointment from Griffith\u2019s attorney, who said that the petition requirement could extend the suspension up to a year or longer. \u201cWith all due respect to the court, both sides stipulated and advocated for a lesser sanction which we thought was more than enough,\u201d said Paul Engh, Griffith\u2019s attorney. \u201cAny sanction is decimating to a fellow\u2019s practice at his age.\u201d Griffith\u2019s suspension came in response to an incident in which, a court referee found, Griffith \u201cunzipped his pants, exposed his penis to (a William Mitchell student), and then took (the student\u2019s) hand and forced her to touch his penis.\u201d Griffith entered an Alford plea to an indecent exposure charge in connection with the incident in July 2012. The charge was dismissed after Griffith successfully completed one year of probation. The Minnesota Office of Lawyers Professional Responsibility filed discipline charges against Griffith in November 2012. \u201cI\u2019m very sorry about this,\u201d Griffith said. \u201cTo friends and family I\u2019ve hurt apologize.\u201d In its disciplinary order, the Supreme Court noted that a referee found that Griffith \u201cmade unwelcome comments about the student\u2019s appearance,\u201d \u201cengaged in physical contact of a sexual nature with the student\u201d and \u201cattempted to convince the student to recant complaints she had made to authorities about him.\u201d The court noted that the referee recommended a 90-day suspension of Griffith\u2019s license with reinstatement by affidavit. Despite those findings and that recommendation, which were stipulated to by both parties, the court required that Griffith apply for reinstatement by petition, which is a lengthier and more involved process than applying for reinstatement by affidavit. \u201cThe law is premised on compromise, finality and certainty,\u201d Engh said. \u201cWith all due respect to the court, we thought we had this settled in a certain and final sense.\u201d Petition requirement key Minnesota Lawyer Daily Newsletter Sign up for your daily digest of Minnesota Lawyer. By signing up you agree to our Privacy Policy ( policy/) Legal calendar Click here ( lawyers-calendar-of-events/) to see upcoming Minnesota events Sign In (/User-Login/?Dmcss=Login) Select Region or Brand Manage Account News (/category/legal- news/) Events (/minnesota- lawyer- events/) Opinions (/category/opinions/) Verdicts & Settlements (/submit-a- verdict- settlement- report/) Public Notices ( notice/) Press Releases ( and-practices/) Search... Top News ( news/) Stillwater building contractor pleads guilty\u2026 Ellison joins other AGs in challenging Mus\u2026 Avery files appellate petition with Wiscons\u2026 Judge rules merchant website is \u2018place of\u2026 Panel documents judiciary\u2019s diversity\u2026 Lawyer sanctioned for copying text that\u2026 2024 Attorneys of the Year\u2026 See All Top News Breaking the Ice ( the-ice/) g- Breaking the Ice: Connections key in cross-border practice Jeff Muszynski sees himself and Lagom Law, his c border law firm, as a connection point for lawy[...] ( border-lawyer-jeff-muszynski-lagom-law/) 2/16/25, 11:36 Clark Griffith suspended for 90 days 1/5 Requiring reinstatement by petition instead of by affidavit is a \u201csignificant addition,\u201d said Bill Wernz, a Minneapolis attorney who has practiced attorney ethics since 1981. The process to be reinstated by petition is \u201cdemanding,\u201d Wernz said, and involves an evidentiary hearing before the lawyers\u2019 board. At the hearing, petitioners must show not only that they satisfied the terms of their suspension \u2014 in this case completing continuing legal education courses and successfully completing the state professional responsibility bar examination \u2014 but they also must show evidence that they have undergone a \u201cmoral change.\u201d \u201cWith a short suspension, one of the challenges is that if the moral change has not already taken place, there\u2019s not very much time for it to take place,\u201d said Wernz, who noted that such evidence could include documentation of counseling and testimony by a treatment professional on Griffith\u2019s behalf. \u201cIn this case, you would expect somebody who will have tried to gain insight into why he did what he did and taken steps to make sure it won\u2019t happen again.\u201d If Martin Cole, the director of the Office of Lawyers Professional Responsibility, does not approve a petition, the parties will brief and argue the case, which can lead to a six- to eight-month delay before an opinion is issued. In some cases, Engh said, a license is never reinstated. Cole said that he had initially requested a suspension of six months, but that after the assigned referee recommended a suspension of 90 days, he \u201cdecided not to go to the time or expense to challenge it.\u201d Despite the potential extension of suspension time the petitioning requirement adds, the Supreme Court discipline order was not enough, Justice David Lillehaug said in a seven-page dissent to the three-page order. Lillehaug wrote that Griffith should not be allowed to petition for reinstatement sooner than six months into his suspension. \u201cIt\u2019s rare that we get a dissent that exceeds the length of the order or the opinion,\u201d Cole said. \u201cIt is unusual, particularly on an ultimately stipulated disposition.\u201d Lillehaug dissent In his dissent, Lillehaug noted that Griffith was an adjunct professor at the William Mitchell College of Law working with a student on a sports law clinic project at the time of his offending behavior. After Griffith learned that the student had complained about his behavior, he continued to contact her in an attempt to get her to retract her complaint, violating requests from both the student herself and William Mitchell officials not to contact the student. Lillehaug called Griffith\u2019s communications with the student a \u201ccombination of threats and inducements\u201d that was \u201cmisconduct seriously prejudicial to the administration of justice.\u201d \u201cGriffith\u2019s courses of misconduct have a common denominator: the use and abuse of power and authority,\u201d Lillehaug wrote. Lillehaug referred to Griffith\u2019s behavior as a \u201cserious, even criminal, case of sexual harassment.\u201d He also stated that, based on the referee\u2019s findings, Griffith\u2019s behavior \u201cfits the statutory definition of criminal sexual conduct.\u201d \u201cWith all due respect, the premise of the dissent is that Mr. Griffith could have been convicted of criminal sexual conduct,\u201d Engh said. \u201cThat offense was evaluated by prosecutors and their decision was not to charge him.\u201d Lillehaug wrote that a longer suspension \u201cwould better protect the public, deter future misconduct and restore public confidence.\u201d Lillehaug\u2019s dissent reflects an increasing view of sexual impropriety as \u201cbeing clearly black letter inappropriate,\u201d said David Schultz, a Hamline professor who teaches legal ethics courses. \u201cI\u2019m not surprised that this debate is going on in the court right now,\u201d Schultz said do think this is a court that is gradually moving toward viewing actions like that as grounds for disbarment.\u201d ( Special Features ( features/) 2024 Attorneys of the Year 7/2/2025 ( attorneys-of-the-year/) The Power List: Mergers & Acquisitions 2025 27/1/2025 ( power-list-mergers-acquisitions-2025/) Minnesota Lawyer\u2019s Minnesota Icons of 2024 13/12/2024 ( lawyers-minnesota-icons-of-2024/) Top Women in Law 2024 25/10/2024 ( women-in-law-2024/) Expert Testimony ( testimony/) Lawyers have to keep pace with AI\u2026 Perspectives: Valentine\u2019s Day: Love lost an\u2026 Commentary again misses prompt-\u2026 Perspectives: Release of records\u2026 See All Expert Testimony 2/16/25, 11:36 Clark Griffith suspended for 90 days 2/5 Regardless of the outcome, the Supreme Court gave thorough consideration to the Griffith matter, Wernz said, noting that a referee hearing took place, the Supreme Court required briefs from each side to explain why a 90-day suspension was appropriate and Lillehaug issued a lengthy dissent. \u201cThe total picture is one of careful consideration whether you agree that 90 days is enough or not,\u201d Wernz said. 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7,720 | William Neil Bender | University of Georgia | [
"7720_101.pdf"
] | {"7720_101.pdf": "547e-9f63-125bb8f03087.html Documents: Professor sexually harasses students for 20 years Kristen Coulter Jan 30, 2008 After 20 years of intimidation and innuendo, crude comments behind closed doors and boasts of \"freaky\" hot tubs, a tenured professor in the College of Education quit the day before the University finally found him in violation of sexually harassing his female students. William Neil Bender, who teaches in the Communication Sciences and Special Education Department, has faced numerous accusations of harassment spanning back to 1988, the year when many of today's freshmen and sophomores were born. According to documents obtained by The Red & Black under the state open records law, Bender tendered his resignation in September, but it will not take effect until May 6, 2008. During the interim, Bender is teaching two online courses, but \"must refrain from having private and/or personal interactions with University students,\" according to a document from the Office of Legal Affairs. University President Michael Adams and Provost Arnett Mace refused to comment. The end of Bender's term came to a head in the summer of 2007, as allegations of a sexual relationship with one of his married former students were brought to the University's attention. An \"angry\" husband contacted Anne Bothe, department head of Communication Sciences and Special Education, and complained Bender had an inappropriate relationship with his wife, according to an e-mail between Bothe and Kimberly Ballard- Washington, former associate director for Legal Affairs. According to handwritten notes about the case, Bender and his former student had a \"sexual relationship over (a) 3-6 month period\" and \"she had a crush\" on him while he was her adviser. The notes suggest the two had an \"amorous relationship\" with \"kissing,\" and Bender gave the woman \"life coaching on her marital issues.\" In another e-mail, the student contacted Bothe in defense of Bender. 2/16/25, 11:36 Documents: Professor sexually harasses students for 20 years | News | redandblack.com 1/6 \"He (Bender) became a cherished friend of mine,\" the graduate student wrote in an e-mail. \"That cherished the friendship too much became a problem for me ... That this advisor should be hurt because of my husband's discomfort with my feelings for this advisor, causes me great pain.\" It marked the second time during the summer that Bender faced harassment allegations, as two other women contacted Bothe about the professor. According to e-mails, the women were unsure of issuing formal complaints out of fear of jeopardizing their academic careers do want to talk to the attorney, but feel that need to be completely away from Dr. Bender before do,\" one of the women wrote on July 17, 2007, forwarded from Bothe to Ballard-Washington. According to e-mails, Bothe encouraged the student to speak with Ballard-Washington. But the student expressed her fears in an Aug. 16, 2007, e-mail. \"I'm out. I'm too far sucked into the program to talk to anyone,\" the student wrote see no way of speaking with her and protecting my educational program.\" And in another e-mail, she notes, \"Some have told me that if he finds out said anything then he could ruin my education plans can't take that chance; I've worked so hard and don't want to be put in that situation ... I'll just have to manage the situation myself.\" The student decided to meet with Ballard-Washington. In an Aug. 23, 2007 e-mail from the student to Ballard- Washington, the student wrote am looking forward to our meeting this afternoon.\" Bothe and Ballard-Washington drew connections between the husband's allegations and the women's accusations. \"Amazingly, the things that these two current girls are complaining about are what this guy describes as 'how it started with' his wife, he is confirming their story even though he has no idea that they exist,\" Bothe wrote in an e-mail to Ballard-Washington. In a telephone interview Monday, Bothe said she became aware of the allegations against Bender during the summer of 2007. She said she has been the department head for about 18 months. Ballard-Washington said Tuesday she didn't have the Bender case file in front of her and referred all questions to the University's Office of Legal Affairs. Efforts to reach Bender for comment were unsuccessful. 2/16/25, 11:36 Documents: Professor sexually harasses students for 20 years | News | redandblack.com 2/6 Hot tubs and bodily fluids It was a busy year of accusations against Bender in 2006, as well. According to handwritten notes, one student accused Bender of sexually harassing her as she applied for admission to the program. During her interview with Bender, the woman said he invited her to dinner with him and his wife. Bender arrived at the restaurant before his wife arrived, and the student said he asked her questions, including \"how's your marriage,\" \"are you a good mother\" and \"are you a good lover?\" When the student returned to Athens to register for classes, she ate with Bender again. According to the notes, Bender told her bet you're wild when you get drunk,\" and invited her to his lake house. \"Bring a bathing suit; go out on the lake. We have a hot tub,\" the student said Bender told her. \"We do freaky things.\" The next day, she was concerned and said that her \"advisor's making inappropriate comments.\" Another student complained Bender harassed her in the fall of 2006. She said he told her she looked great and invited her to his lake house, according to handwritten notes. At a dinner at the end of the semester, the student said Bender poured a pitcher of beer and said, \"OK, now show me your tits.\" According to the notes, the student said Bender's comments were specifically directed at her. The student also accused Bender of telling her an inappropriate joke and asking her to repeat it. According to the notes, the student remembered Bender's joke as saying, \"What's the best form of birth control? (Make) your cum taste like chocolate.\" And in another handwritten note, without any time reference, it states Bender walked past one woman and \"slapped (her) on the ass, and said this is my bitch.\" Back to the early 1990s In 1991, a student and her husband met with Cheri Hoy, former department head of Special Education and now the Associate Dean for Faculty, Administration and Finance, to discuss the student's allegations against Bender. The student accused Bender of treating her with extreme disrespect after she declined his invitation to 2/16/25, 11:36 Documents: Professor sexually harasses students for 20 years | News | redandblack.com 3/6 move in with him, according to a transcript of the meeting with Hoy and the student. The student said before her first class with Bender, she and some classmates were discussing commuting situations. Bender asked her if she had a place to stay in Athens. When she said no, Bender told her she could stay with him. After the student declined, she said Bender reacted negatively toward her. \"He did not solicit me in any way that was overtly identifiable as sexual harassment. He did harass me,\" the student told Hoy. \"He did use his position of authority in a very punitive way.\" Hoy noted the woman was the third student to withdraw from the class and said three is a large number of withdrawals from a required doctoral level course. \"Dr. Bender exemplifies everything don't want to be as a teacher in higher education,\" the student said. She said two other students were being treated poorly by Bender but chose not to report his actions. Following the transcript of the interview, comments about Bender's teaching abilities were listed. \"My issue with him is bad, bad, poor misuse of power and don't want anybody that is going to teach that way,\" one student said. \"He comes on real strong,\" another student complained didn't feel comfortable.\" Division of the Morally Impaired In 1991, Hoy and George Hynd, then chair of the Division for Exceptional Children, issued a memo addressing faculty members' behavior at a Council for Exceptional Children convention in Atlanta. According to the memo, the party, hosted by a group that called themselves the Division of the Morally Impaired, \"the organizational effort behind it clearly established a situation where students could feel sexually harassed by faculty and colleagues of faculty at UGA.\" According to documents, Bender was involved with the party. In a meeting between Hoy and a special education student, the student told Hoy \"only two faculty (Phil McLaughlin and William Bender were drunk and out of control - very drunk.)\" 2/16/25, 11:36 Documents: Professor sexually harasses students for 20 years | News | redandblack.com 4/6 The first set of allegations about Bender came in 1989 female student met with Hoy, Special Education Professor John Langone and Program Specialist Connie Morse on July 24, 1989, to discuss the complaints. According to notes, the student \"indicated that Dr. Bender is in the practice of asking undergraduates out on dates.\" She said other students had similar complaints but did not want to address their issues. The student said Bender asked her on a date. After she said no, the student said Bender asked if he could come over to her house. Though Bender told her he and his wife were getting a divorce, the student reported Bender told her later that \"he and his wife were getting along better but that she (Bender's wife) wasn't horney (sic) enough for him.\" The student said Bender called another student at her home and then went there \"without being invited and without warning.\" He then told that student \"she shouldn't get married and he would be available after his divorce and that she should wait for him.\" During the interview with Bender's student, she said another student went to lunch with Bender. The student reported he asked her \"how good she was in bed,\" \"what other people said about how she was in bed\" and \"told her she looked like she would be good in bed.\" After the interview, Hoy met on July 25, 1989, with Richard Talbott, who is no longer at the University, to discuss what should be done. They decided to meet with Bender and concluded if he continues this behavior \"a formal complaint for process for dismissal will be filed.\" As a result of these reports, Hoy and Langone met with Bender to address the complaints. They made suggestions about how Bender could prevent the appearance of impropriety. According to a letter sent to Bender about the meeting with him, they told Bender to keep his office door open when meeting with students and avoid personal contact with undergraduates. Hoy refused to comment policy in place Elizabeth Bailey, associate director for Legal Affairs, said the University enacted its present Non- Discrimination and Anti-Harassment policy in 2002, but one has been in place for decades. 2/16/25, 11:36 Documents: Professor sexually harasses students for 20 years | News | redandblack.com 5/6 \"If somebody comes forward to a position of authority, then they must follow the policy,\" Bailey said. If the authority figure does not follow the policy, Bailey said the University will take action against the person found in violation. She said the policy is \"educational,\" and the University probably would send the individual a letter. Bailey said the severity of the punishment for those who violate the University's policy varies. She said punishments include training, suspension, demotion and employment termination. \"Sometimes people don't think,\" Bailey said. In those cases, the training is useful think we've done a pretty good job with the policy,\" Bailey said. In the case of William Bender, the policy took hold - two decades later. Prior to receiving the letter from the Office of Legal Affairs in September 2007, Bender asked to continue teaching online classes for five and a half years. If he were allowed to teach for those additional years, Bender would have taught at the University for 25 years and would be eligible for the University's group retirement plan. But that didn't happen. \"What am allowed to say, if anything, to warn a new female faculty member, a young woman who just finished her own PhD, who fear (based only on a couple of little things that I, admittedly, might be overinterpreting (sic), but bet I'm right) is about to be the next victim?\" Bothe wrote to Ballard-Washington in August. \"Or, to look at it the other way around, could end up in trouble if to warn her, given the decades of accusations?\" Want to read more? Check out the Bender documents. 2/16/25, 11:36 Documents: Professor sexually harasses students for 20 years | News | redandblack.com 6/6"} |
7,575 | Reidar Dittmann | St. Olaf College | [
"7575_101.pdf",
"7575_102.pdf",
"7575_103.pdf"
] | {"7575_101.pdf": "Saint Olaf College Former names Saint Olaf\u2019s School (1874\u20131889) Motto Fram! Fram! Kristmenn, Krossmenn (Nynorsk) Motto in English Forward! Forward! Men of Christ, Men of the Cross Type Private liberal arts college Established November 6, 1874 Religious affiliation Evangelical Lutheran Church in America Academic affiliations NAICU[1] Oberlin Group Annapolis Group Davis United World College Scholars Program[2] Endowment $666.02 million (2022)[3] Budget $210.3 million (2020)[4] President Susan Rundell Singer Undergraduates 3,074 (fall 2023)[5] Location Northfield, Minnesota, U.S. St. Olaf College St. Olaf College is a private liberal arts college in Northfield, Minnesota, United States. It was founded in 1874 by a group of Norwegian-American pastors and farmers led by Pastor Bernt Julius Muus. The college is named after the King and the Patron Saint Olaf of Norway and is affiliated with the Evangelical Lutheran Church in America. As of 2024, the college had 3,074 undergraduate students and 313 faculty members.[7] The campus, including its 430-acre (170 ha) natural lands, is 2 miles (3.2 km) west of Northfield, Minnesota.[8] Northfield is also the home of its neighbor and friendly rival, Carleton College. Between 1995 and 2020, 154 St. Olaf graduates were named Fulbright Scholars and 35 received Goldwater Scholarships.[9][10] The seal of the St. Olaf College displays the Coat of arms of Norway, which includes the axe of St. Olaf. The motto Fram! Fram! Kristmenn, Krossmenn, written in New Norwegian, is adapted from the Old Norse battle cry of King Olaf. It means \"Forward! Forward! Men of Christ, Men of the Cross\". Many Norwegian immigrants arrived in Rice County, Minnesota, and the surrounding area in the late 19th century. Nearly all were Lutheran Christians, and desired a non-secular post-secondary institution in the Lutheran tradition that offered classes in all subjects in both Norwegian and English. The catalyst for St. Olaf's History Seal and motto Founding 2/16/25, 11:36 St. Olaf College - Wikipedia 1/19 44\u00b027\u203234 93\u00b010\u203250 Campus Rural 920 acres (370 ha)[6] Colors Black and gold Nickname \"Oles\" /\u02c8o\u028ali\u02d0z/ OH-leez Sporting affiliations Division Mascot St. Olaf Lion, \"Ole\" Website ( w.stolaf.edu) Herman Amberg Preus, (1825\u20131894), a key figure in organizing the Norwegian Synod. founding was the Reverend Bernt Julius Muus; he sought out the help of N. A. Quammen and H. Thorson. Together they petitioned their parishes and others to raise money to buy a plot of land on which to build the new institution. The three received around $10,000 in pledges, formed a corporation and bought land and four buildings (old Northfield schoolhouses) for the school.[11][12] Muus came under scrutiny after a divorce case revealed extensive acts of domestic abuse.[13] He fell out of favor with many of his predecessors, but the school did not officially denounce his abuses.[14] St. Olaf's School opened on January 8, 1875, at its first site under the leadership of its first president, Thorbjorn N. Mohn, a graduate of Luther College. Herman Amberg Preus, president of the Norwegian Synod, laid the foundation stone of the St. Olaf School on July 4, 1877. In 1887 the Manitou Messenger was founded as a campus magazine and has since evolved into the college's student newspaper, now called the Olaf Messenger.[15] 1887 was also the year that the first female St. Olaf graduate, Agnes Mellby, joined the college. Mellby graduated in 1893. She was the first woman to graduate from a Norwegian Lutheran college in the United States.[16] On June 20, 1889, the school's board of trustees renamed the school St. Olaf College.[17] In 1932, Red Wing Lutheran Seminary was merged into St. Olaf and its Red Wing campus was closed. The Seminary was an independent academic institution from 1879 to 1932. In 1893, St. Olaf faced severe economic difficulties national economic depression caused enrollment to drop from a high of 147 in 1892 to 129 in 1893.[18] Also in 1893 the Norwegian Synod voted to cut ties with the college, greatly reducing its income.[19] By the August 1893 board meeting, the college was $10,000 in debt.[18] On August 2 the Board of Trustees appointed professor H. T. Ytterboe to travel around the Midwest and collect funds for the college. During this time President Mohn took over Ytterboe's responsibilities managing the college's finances. Over the next six years faculty and staff saw their salaries reduced, and the number of teaching faculty was reduced from eleven to seven.[20] Ytterboe spent six years traveling the Midwest and was highly effective at fundraising, averaging $6,500 per year, mostly in small donations of a dollar or more from farmers and private individuals. By 1897, the debt was reduced to less than $4,000, and in 1899 the synod reinstated the college. Historians of the college widely regard Ytterboe's and Mohn's efforts as having saved the college from extinction.[21] Financial crisis 2/16/25, 11:36 St. Olaf College - Wikipedia 2/19 Following students' return from Christmas vacation in 1903, an epidemic of scarlet fever broke out on the campus and quickly spread. Twenty-eight out of St. Olaf's approximately three hundred students came down with the highly infectious disease. With no local hospital, the north wing on the third floor of the Men's Dormitory was used as a makeshift hospital and staffed with two nurses who worked tirelessly to contain the spread of the disease.[22] At the beginning of the spread of the Spanish flu to the United States, St. Olaf went into voluntary quarantine in hopes of avoiding the epidemic, allowing students to leave campus only for emergencies once they had obtained a pass. The first cases on St. Olaf's campus occurred on November 11, 1918, and shortly thereafter the college hospital was filled to capacity. Ytterboe Hall was converted into a hospital for the sick once the temporary beds in Hoyme Chapel ( d-main/chapter-13-hoyme-chapel/) had filled. St. Olaf officially closed for the year on December 7, due to a rapid rise of influenza cases. Four students died from flu complications.[23] At the beginning of World War II, St. Olaf was not directly involved with the conflict, with the extent of wartime activities including Red Cross drives and a \u201cBundles for Britain\u201d project. But by the fall of 1942, over 400 undergraduates and alumni were serving overseas. The campus was also ordered to house 600 U.S. Naval recruits for flight training, leading to the conversion of Mohn and Ytterboe Halls from women's dormitories to housing for naval servicemen. Students living in Ytterboe and Mohn Halls were required to move to Agnes Mellby Hall to accommodate the naval personnel.[24] King Olav visited the college in 1987[25] and King Harald and Queen Sonja of Norway visited in 2011.[26][27] Queen Sonja visited the college's campus again in 2022 as part of a tour to celebrate the connections between Norway and Minnesota's Norwegian-American community. She participated in a ribbon-cutting ceremony for the Special Collections vault at R\u00f8lvaag Memorial Library.[28] St. Olaf has had 12 presidents since its founding: Thorbjorn N. Mohn, 1874\u201399 John N. Kildahl, 1899\u20131914 Lauritz A. Vigness, 1914\u201318 Lars W. Boe, 1918\u201342 Clemens M. Granskou, 1943\u201363 Sidney A. Rand, 1963\u201380 Harlan F. Foss, Ph.D., 1980\u201385 Melvin D. George, Ph.D., 1985\u201394 Scarlet fever epidemic 1918 Spanish flu pandemic St. Olaf during the Second World War Connections with Norway Presidents 2/16/25, 11:36 St. Olaf College - Wikipedia 3/19 1912 stained glass window honoring St. Olaf in the college chapel Old Main, St. Olaf College U.S. National Register of Historic Places Old Main Location St. Olaf College campus, Northfield, Minnesota Area Less than 1-acre (0.40 ha) Built 1877 Architect Long & Haglin Mark U. Edwards Jr., Ph.D., 1994\u20132000 Christopher M. Thomforde, D.Min., 2001\u201306 David R. Anderson, Ph.D., 2006-23 Susan Rundell Singer, Ph.D., since 2023 1874\u201387 Norwegian Synod 1887\u201390 Anti-Missourian Brotherhood 1890\u20131917 United Norwegian Lutheran Church of America 1917\u201360 Evangelical Lutheran Church 1960\u201387 The American Lutheran Church 1988\u2013present Evangelical Lutheran Church in America[29] Known as \"The Hill\", St. Olaf College's 300-acre (120 ha) campus is home to 17 academic and administrative buildings, 29 student residences and 10 athletic facilities. St. Olaf is a residential college; 96% of St. Olaf students reside in one of the 11 residence halls and 18 academic and special interest group houses. Adjacent to campus are 325 acres (132 ha) of restored wetlands, woodlands, and native tall grass prairie owned and maintained by St. Olaf, and a utility-grade wind turbine that supplies up to one-third of the college's electrical needs. Two buildings on the campus are listed on the National Register of Historic Places: Old Main, designed by Long and Haglin; and Steensland Library, designed by Omeyer and Thori.[31] In 2011, Travel+Leisure named St. Olaf one of the most beautiful college campuses in the United States.[32] Edward S\u00f6vik, a liturgical architect and St. Olaf professor of art until his death in 2014, designed or assisted in the design of 20 campus buildings.[33] The Center for Art and Dance is a collaborative project with offerings from the art, art history, and dance departments.[34] It houses the Flaten Art Museum and studio spaces dedicated to painting, drawing, Church affiliations Campus Notable buildings Center for Art and Dance 2/16/25, 11:36 St. Olaf College - Wikipedia 4/19 Architectural style Gothic reference No. 76001073 ( ry.nps.gov/AssetDetail RIS/76001073)[30] Added to June 3, 1976 printmaking, ceramics, wood sculpture, digital media, photography, and a metal foundry, all named after alumni and educators who contributed to the development of each discipline.[35] The Flaten Art Museum was founded as the Steensland Art Gallery in 1976. In 2002, it was moved to the Center for Art and Dance and renamed to honor Arnold Flaten, a past professor of art, and his family.[36] The museum has a collection of regional, national, and international works and exhibits these as well as faculty and student work. The building underwent significant remodeling in the early 2000s and was initially dedicated as the Dittmann Complex, honoring Reidar Dittmann. Dittmann was born in Norway in 1922, and spent the better part of his youth working with the Norwegian resistance against the rising Nazi regime until his imprisonment in the Buchenwald concentration camp.[37] After his immigration to the United States, Dittmann joined St. Olaf's faculty as a professor of art and Norwegian in 1947. In 1952 He and Ansgar Sovik co-founded the International Studies program, now known as the Office of International and Off-Campus Studies.[34] After his death in 2010, serious sexual assault allegations from St. Olaf alumni surfaced under the revisions of Title Policy concerning Dittmann and other faculty members. The decision to rename the building was made in 2017, following the pattern of campuses around the country questioning the names of buildings dedicated to notable alumni with contentious histories.[37] Mellby Hall was constructed in 1938 to meet the needs of the growing female student population overflowing from Ladies' Hall, the first female dormitory competed in 1879, and Mohn Hall, completed in 1912.[38] The building is dedicated to 1893 alumna Agnes Theodora Mellby, the first woman to graduate from St. Olaf.[39] Born in Christiania, Norway in 1870, Mellby immigrated with her family to the U.S. in 1871 and settled in New Richland, Minnesota. After finishing her Academy (1891) and College (1893) studies at St. Olaf, she returned as the Dean of Women and an educator that fall, affectionately known as the Preceptress by those she worked with.[40] Mellby taught English, German, geography, U. S. History, civics, and math, firm in her resolve to see to the well-being of St. Olaf's female population regarding education and housing.[41] She held her position from 1893 until 1909, and continued to work with the college after retiring until her death in 1918. In 1956, Agnes Kittelsby Hall was constructed with rooms for 164 women as an adjacent wing to the Gertrude Hilleboe Hall.[42] It was an all-women's dormitory until St. Olaf residence halls became co- ed. The building is named after Agnes Kittelsby, St. Olaf class of 1900. Like many St. Olaf alumnae, Kittelsby taught various subjects at the college after her graduation. In 1914, she moved to China and established American School Kikungshan, a school for the children of American missionaries.[43] Agnes Mellby Hall Agnes Kittelsby Hall 2/16/25, 11:36 St. Olaf College - Wikipedia 5/19 Thorson Hall was constructed as a men's dormitory in 1948. It was one of four dormitories constructed in the 1940s and 1950s to address an increase in enrollment after World War II.[44] The building is named after Harald Thorson (1841\u20131920), an early benefactor of the college businessman, Thorson owned farms, sold horses and mules, and established banks.[45] He was instrumental in establishing St. Olaf's School (as it was first named), choosing the initial 30-acre (12 ha) plot of land and authorizing the first payment for it.[46] He later served as a member of the original Board of Trustees. Thorson's will bequeathed most of his estate to St. Olaf under the stipulation that the money be used for the construction of a new building, Thorson Hall.[47] Before graduating, St. Olaf students complete 15-18 required courses in general education credits, including courses in writing, a foreign language, society, religion, ethics, mathematical reasoning, race, social science, and natural science.[48] Many of the courses are interdisciplinary. St. Olaf offers 41 different majors for the bachelor of arts degree, five for the bachelor of music degree, and 20 areas of concentration, which are pursued independently of majors.[49] Its most popular majors, based on 2021 graduates, were:[50] Biology/Biological Sciences (83) Economics (64) Research and Experimental Psychology (57) Mathematics (34) English Language and Literature (33) Political Science and Government (33) As of the 2020\u201321 academic year, the student-to-faculty ratio is 12.2 to 1.[51] The Paracollege lasted for 31 years, from 1969 to 2000, and was an individualized, interdisciplinary option for obtaining the Bachelor of Arts degree. The Paracollege program emphasized student- centered education through workshops, colloquia, tutorials, seminars, and senior concentrations.[52] It was replaced by the Center for Integrative Studies, which allows students to design individual majors.[53] According to the St. Olaf College Common Dataset for the class of 2024,[54] St. Olaf received 5,229 applications, accepted 2,656 (50.8%), and enrolled 727. The middle 50% range of Composite scores for the class of 2024 was 1160\u20131370, while the Composite range was 25\u201332. Of the 37% of enrolled first-year students who submitted high school class rank, 39% were in the top tenth of their high school classes and 69% ranked in the top quarter. The average high school was 3.68. Thorson Hall Academics Curriculum Admissions 2/16/25, 11:36 St. Olaf College - Wikipedia 6/19 Academic rankings Liberal arts U.S. News & World Report[55] 50 Washington Monthly[56] 28 National Forbes[57] 185 WSJ/College Pulse[58] 176 Steensland Library--St. Olaf College U.S. National Register of Historic Places Steensland Hall in 2015 Location Off St. Olaf Ave., Northfield, Minnesota Area less than 1-acre (0.40 ha) Built 1902 Architect Omeyer & Thori Architectural style Classical Revival Rice County (http s://npgallery.nps.gov HP/GetAsset/NRHP/6400 0372_text reference No. 82003020 ( ry.nps.gov/AssetDetail RIS/82003020)[30] Added to April 6, 1982 The 2025 annual ranking by U.S. News & World Report rates St. Olaf tied for 50th among 211 \"National Liberal Arts Colleges\", 11th \"Best Value Schools\", and tied at 23rd for \"Best Undergraduate Teaching\".[59] Forbes in 2019 rated St. Olaf 116th overall in its America's Top Colleges ranking of 650 military academies, national universities, and liberal arts colleges, and 50th among liberal arts colleges.[60] Washington Monthly ranked St. Olaf 28th in 2022 among 203 liberal arts colleges in the U.S. based on its contribution to the public good, as measured by social mobility, research, and promoting public service.[61] St. Olaf was ranked 47th for liberal arts colleges on Payscale.com's 2016-17 list of highest-paid graduates.[62] More than 250 student organizations are registered at St. Olaf, including academic, athletic, awareness, multicultural, political, religious, service (Alpha Phi Omega) and other special interest groups. Club sports include rowing, men's and women's Ultimate Frisbee, men's and women's rugby, men's and women's lacrosse, badminton, cycling, judo, and fencing 93.1 is the student-operated radio station and the Olaf Messenger (formerly known as the Manitou Messenger) is the student newspaper. The paper changed its name in 2020 in response to concerns of the appropriation of the word \"Manitou\" from the language of the original inhabitants of the land the college is built on.[63] Other groups include an on-campus organic farm (STOGROW), an improv comedy troupe (Scared Scriptless), and an (emergency medical technician) organization that is the first responder for campus emergencies. St. Olaf students edit and publish several journals each year, including The Reed, the world's only international undergraduate journal for existential philosophy. Rankings Student life Student organizations 2/16/25, 11:36 St. Olaf College - Wikipedia 7/19 The center of St. Olaf's campus. St. Olaf's utility-grade wind turbine directly supplies up to 20% of campus energy needs. Senior art show at Center for Art and Dance, home of art galleries, classrooms, and studios. St. Olaf's Student Government Association (SGA) finances many student activities and organizations on campus. It operates through 10 branches, each managed by an elected executive: Diversity Celebrations Committee, Volunteer Network, Music Entertainment Committee, Student Activities Committee, Student Organizations Committee, Board of Regents Student Committee, The Pause, After Dark Committee, and Political Awareness Committee. Besides these committees, students can serve in the Student Senate to vote on issues such as constitutional bylaws changes and dorm capital improvement funds and communicate with college administrators about campus issues also maintains Oleville.com, a website containing information about student activities.[64] Ytterboe, named after former professor H. T. Ytterboe, was a black dog who became a facet of campus life at St. Olaf in 1942.[65] Fed and cared for by students, the dog became an unofficial mascot. In 1957, Ytterboe the Dog \"allegedly\" bit the son of a local police officer Peter Morris. In response, Morris sent two officers to St. Olaf's campus to capture the dog. After he evaded capture, police shot Ytterboe on the library hill, in front of students who were studying for finals. In response, St. Olaf and Carleton students protested, gaining local and national coverage. At the protests, an effigy of the officer who shot Ytterboe was hung from a streetlight and burned. The Minnesota highway patrol was called in to control the protest as students continued demonstrating in Northfield. In response to the protests, the chief of police said, \"Nobody loves a dog more than do. We didn't mean to kill him\".[66] St. Olaf President Clemens M. Granskou commented, \"As far as could see, this is one of these tempests in a teacup that usually take place once in a while in the springtime on a college campus\".[66] Initially, the Northfield Police sent Ytterboe's body to a local landfill, but students retrieved it. Afterward, Ytterboe's head was sent to Minneapolis to be tested for rabies; it tested negative. His body was buried on a slope of Manitou Heights the day after he was shot as a crowd of 2,000 students and members of the community gathered to pay their respects.[67] Student government Student protests Ytterboe the Dog 2/16/25, 11:36 St. Olaf College - Wikipedia 8/19 Between 50 and 75 students from St. Olaf, accompanied by some Carleton students, occupied the St. Olaf administration building on April 16, 1970, demanding that the school cut ties with the ROTC. Students occupied the building until Friday afternoon, ending their occupation when President Sidney Rand came to an agreement with the leaders of the protest. The school moved forward on votes within the administration and the board of regents in return for the cessation of \"obstructive demonstration\".[68] The St. Olaf protests coincided with a similar occupation at Macalester College.[69] In 2016, students protested the school's policies on sexual harassment through a T-shirt campaign.[70] Students donned grey shirts reading \"Ask me how my college is protecting my rapist\" to draw attention to the school's sexual misconduct policies.[71] Information about the campaign circulated through social media and was soon picked up by local news sources. In response, the Office of Civil Rights of the U.S. Education Department launched an investigation into the college's policies. Soon after, the school officially announced an overhaul of its Title policies.[72] In 2017, a series of notes containing threats and racial slurs appeared. In response, students protested for systemic changes within the school on issues like diversity and inclusion, cultural sensitivity, and hate crimes.[73] As of May 1, 2017, there had been 9 reported acts of hate speech during the school year.[73] By occupying campus buildings, blocking entrances to the cafeteria, and boycotting classes, demonstrators pushed the administration to act on a number of demands.[74] While the protests prompted the administration to reevaluate its policies, an investigation revealed that one of the notes was forged. While the forgery undermined the movement for some, others saw it as a rogue action that did not detract from the progress made.[75] In 2019, St. Olaf students joined over four million people worldwide who participated in the September 2019 climate strikes, a continuation of the school strike for climate movement inspired by Swedish climate activist Greta Thunberg.[76][77] On September 20, hundreds of St. Olaf students walked out of class and marched into downtown Northfield, where they joined other Northfield citizens to raise awareness of the growing threat of global climate change.[78] The St. Olaf strike was organized by the college's Climate Justice Collective (CJC), a group dedicated to increasing campus awareness of climate issues and pushing St. Olaf to divest its endowment from fossil fuel companies.[79] St. Olaf's music program was founded by F. Melius Christiansen in 1903. Its band, choir and orchestra tour the continental United States annually and have made many international tours, typically occurring triennially.[80] The St. Olaf Band was the first American college musical organization to Sexual misconduct Racism Climate Music program 2/16/25, 11:36 St. Olaf College - Wikipedia 9/19 conduct a concert tour abroad when it traveled to Norway in 1906. It was awarded The American Prize in Band/Wind Ensemble Performance, 2021, in the college/university (smaller program) division.[81] The St. Olaf Choir was founded in 1907 as the St. John's Lutheran Church Choir in Northfield, a collegiate ensemble.[82] It has toured Europe several times, as well as China, Korea, and Australia, performing before heads of state and producing more than a dozen recordings. The choir performs in the nationally broadcast annual St. Olaf Christmas Festival, along with the St. Olaf Orchestra and four of the college's other choirs. Other student musical ensembles include The St. Olaf Handbell Choir, Chapel Choir, Cantorei, Manitou Singers, Viking Chorus, Collegiate Chorale, Philharmonia, Norseman Band, and many smaller vocal and instrumental ensembles. There are also student-run music ensembles at St. Olaf: Valhalla Band, Naknefeler Orchestra, and the men's and women's a cappella groups: The Limestones, Agnes, and Krossmen. In addition, the Gospel Choir of St. Olaf is one of few Midwest college gospel choirs. These groups are not a part of the college's music program and operate independently. Ensembles founded at St. Olaf include the Minnesota Symphonic Winds, the Metropolitan Symphony Orchestra, the Copper Street Brass and the a cappella choral groups Cantus, Inpulse, and Magnum Chorum. St. Olaf is also the location of the sacred choral music radio show Sing for Joy.[83] St. Olaf's athletic teams are called the Oles. Their colors are black and gold. The college is a member of the Division level of the National Collegiate Athletic Association (NCAA), primarily competing in the Minnesota Intercollegiate Athletic Conference (MIAC) in most sports since the 1974\u201375 academic year (of which it was also a member from 1920\u201321 to 1949\u201350), while its Alpine and Nordic skiing teams compete as Independents. The Oles competed in the Midwest Collegiate Athletic Conference (MCAC, known as the Midwest Conference since 1994\u201395) from 1952\u201353 to 1973\u201374. St. Olaf competes in 26 intercollegiate varsity sports (13 for men and 13 for women). Men's sports include baseball, basketball, cross country, football, golf, hockey, skiing (Nordic and Alpine), soccer, swimming & diving, tennis, and track & field (indoor and outdoor); women's sports include basketball, cross country, golf, ice hockey, skiing (Nordic and Alpine), soccer, softball, swimming & diving, tennis, track & field (indoor and outdoor), and volleyball. Former sports included men's wrestling. St. Olaf also has many student-coached club and intramural teams that compete within the student body and also inter-college. Notable are the St. Olaf Ultimate teams, The Berzerkers and Durga (team name changed to Vortex in 2015[84]), which make an annual trip to a national collegiate tournament (Spring Ultimax) in North Carolina. The women's Ultimate teams have been successful at the national level for many years. In 2011, Durga played at the Division Nationals tournament in Buffalo, New York, finishing in seventh place. The team also played in the Nationals tournament in 2014.[85] In 2017, Vortex again qualified for the national tournament in Kentucky and placed seventh.[86] In 2018, Vortex won the national championship in Rockford, Illinois.[87] After that success, Vortex placed third at the National tournament in College Station, Texas.[88] The St. Olaf Dance Team Athletics 2/16/25, 11:36 St. Olaf College - Wikipedia 10/19 Football at St. Olaf in 2009. supports St. Olaf athletic teams (football, men's/women's soccer and basketball) with halftime performances and competes in intercollegiate events every year. It has performed in the Minnesota Swarm lacrosse team's halftime show and placed third in its division at the 2011 St. Thomas Invitational. St. Olaf is a traditional athletic rival of its crosstown neighbor Carleton College. The annual American football game between the Knights and the Oles was recently dubbed the \"Cereal Bowl\" in honor of the Malt-O-Meal production facility in Northfield. The annual winner receives the \"Goat Trophy\", which was created by Minneapolis dentist Ranthus B. Fouch in 1931.[89] The rivalry between St. Olaf and Carleton began with a Carleton victory over St. Olaf in 1919 statue of an eagle in Northfield's Civil War Veterans' Memorial (in Bridge Square) is turned to face the college that wins the annual match between the schools.[90] These football teams are also significant for having played the only NCAA-sanctioned \"Liter Bowl\" metric football game in history, which St. Olaf won in 1977.[91] The Great Karhu Shoe Race is an annual rivalry between the cross country teams of Carleton and St. Olaf College. The race was founded in 1972 when Carleton Coach Bill Huyck was in search of a new championship course for the Midwest Conference Meet. St. Olaf coach Bill Thornton agreed to a competition between the runners on each team who were not on the varsity top 7. The varsity athletes were still racing later in the season. The trophy for the 1972 race was a pair of Karhu Shoes worth $10. These shoes have remained the trophy to this day.[92] Several traditions exist between the St. Olaf and Carleton runners at the race. As the race typically falls near Halloween, many of the runners will often don costumes.[93] The runners for the St. Olaf men use safety pins to attach gummy bears to their shorts, which the Carleton runners attempt to rip off.[94] The Howard V. and Edna H. Hong Kierkegaard Library is a research collection dedicated to the work of the 19th-century Danish philosopher and theologian S\u00f8ren Kierkegaard (1813\u20131855), housed at St. Olaf College, Northfield, Minnesota. Along with the S\u00f8ren Kierkegaard Research Center at the University of Copenhagen, Denmark, it is one of two internationally significant research facilities devoted to the study of Kierkegaard. The collection began as the private library of Howard V. Hong Rivalry with Carleton College Football Cross country Kierkegaard Library 2/16/25, 11:36 St. Olaf College - Wikipedia 11/19 and Edna H. Hong, assembled during their complete translation of Kierkegaard's writings into English, the first volume of which received the National Book Award.[95] Subsequent curators of the library were philosophers C. Stephen Evans and, from 1995 to 2022, Gordon D. Marino. The Hongs donated the collection to St. Olaf College in 1976 with the understanding that it be made available as a center for research and publication. The library's current holdings include over 11,000 volumes, 3,500 periodical articles and a partial replication of Kierkegaard's personal library as well as titles Kierkegaard might have had access to during his lifetime. It hosts visiting researchers throughout the year (including an active summer fellows program) and periodic conferences and research seminars. Activities in the summer include Danish courses and an International Conference every fourth year. Yearlong Kierkegaard Fellowships see scholars living in St. Olaf's Kierkegaard House. The library's director is St. Olaf College philosophy faculty member Anna Louise Strelis S\u00f6derquist. St. Olaf students edit and publish The Reed, an undergraduate journal of existential philosophy, from the library. The Reed began in 1998, and since then has published articles from undergraduates across the globe every year. St. Olaf is home to the Flaten Art Museum, in the Center for Art and Dance. The museum holds over 4,000 works on rotating display to the public. The vast majority of the works were received through donations, but a few were purchased. The museum also displays senior studio majors' work at the end of the year to give them experience in having artwork displayed in a professional setting.[96] In 2015 St. Olaf accepted a collection of 147 rare World War II-era propaganda posters as part of a donation from the estate of Richard N. Tetlie. The posters were created by the Nazi regime and the Vichy French government for display across occupied Europe and were collected by Major Duncan Emrich, historian for General Dwight D. Eisenhower, during the liberation of Europe. The collection provides insight into how the Nazis and their allies attempted to foster racial ideology, encourage distrust of the Allies, and rally support for their cause by manipulating the fear, anxiety, traditions, and political circumstances of the people in the occupied territories. The museum contacted the Midwest Art Conservation Center for a full assessment of the collection in hopes that the posters can be restored. They could then be used in exhibits and as resources to teach about the dangers of propaganda and extremism.[97] Notable St. Olaf alumni include civil rights activist James Reeb '50 Gold Award-winning architect Edward S\u00f6vik '39, Minnesota Governor Al Quie '50, Oscar-winning screenwriter Barry Morrow '70, Pulitzer Prize-winning journalist Gretchen Morgenson '76, and writers Ole Rolvaag 1905, Siri Hustvedt '77 (winner of the Princess of Asturias Award in Letters), and ornithologist Margaret Flaten Art Museum Poster collection Notable alumni 2/16/25, 11:36 St. Olaf College - Wikipedia 12/19 Sordahl. Game designer Jonathan Tweet studied at the college, as did the first female major league baseball coach, Justine Siegal. Raffi Freedman-Gurspan graduated in 2009 with a Bachelor of Arts in political science and Norwegian.[98] Andrew Volstead 1881 introduced the National Prohibition Act to Congress in 1919. Cheryl Willman is an American cancer researcher and the executive director of Mayo Clinic Cancer Programs. Ernest Lawrence, recipient of the 1939 Nobel Prize in Physics, studied for a year at St. Olaf.[99] St. Olaf is mentioned in the works of Minnesota author F. Scott Fitzgerald, whose character Jay Gatsby of The Great Gatsby attended the college briefly and worked as a janitor. The college is also frequently mentioned in Garrison Keillor's radio program Prairie Home Companion, which broadcast its show from St. Olaf on November 17, 2001, and November 19, 2011. The fictional Minnesota city of St. Olaf was the hometown of Rose Nylund in the show The Golden Girls. In the show the fictional city's sister city was St. Gustav, Minnesota, a nod to Gustavus Adolphus College, in nearby St. Peter, Minnesota. Betty White, the actress who played Rose, visited St. Olaf and was given an honorary membership in St. Olaf's chapter of the theater honorary society. The St. Olaf Choir can be heard performing Mozart's Requiem with the St. Paul Chamber Orchestra in Nike's \"Jordan XXII-Takeover\" commercial. The choir is also on the soundtrack of the 1972 film The Great Northfield Minnesota Raid.[100] In October 2008 the Coen Brothers shot scenes at St. Olaf for their film Serious Man.[101][102] After a long search of many campuses, they chose St. Olaf's old Science Center because it had the late 1960s look of the movie. St. Olaf has since built a new science center and remodeled the old facility into Tomson Hall. List of St. Olaf College people List of colleges and universities in Minnesota Higher education in Minnesota 1 \u2013 Member Directory ( Archived (http s://web.archive.org/web/20151109231238/ 2015-11-09 at the Wayback Machine In popular culture See also Notes References 2/16/25, 11:36 St. Olaf College - Wikipedia 13/19 2. \"Partner Institutions | Davis Scholars\" ( Archived from the original (http s:// on July 25, 2020. 3. As of March 7, 2022. U.S. and Canadian Institutions Listed by Fiscal Year 2021 Endowment Market Value and Change in Endowment Market Value from FY20 to FY21 ( g/-/media/Nacubo/Documents/research/2022-NTSE-Public-Tables--Endowment-Market-Values NAL.ashx?la=en&hash=362DC3F9BDEB1DF0C22B05D544AD24D1C44E318D) (Report). National Association of College and University Business Officers and TIAA. 2022. Retrieved June 5, 2023. 4. Kennedy, Patrick. \"Minnesota Nonprofit 100\" ( s/600006951/). StarTribune News. Minneapolis StarTribune. Retrieved September 12, 2021. 5. \"St. Olaf College Common Data Set 2023-2024\" ( f) (PDF). St. Olaf College. Retrieved July 9, 2024. 6. \"St. Olaf College | Northfield, Minnesota, USA\" ( p:// Stolaf.edu. Archived from the original ( laf.edu/academics/naturallands/) on October 13, 2013. Retrieved July 16, 2013. 7. \"Student-Faculty Ratios, most recent 5 years\" ( -recent-5-years/). St. Olaf College. 2024. Retrieved February 28, 2024. 8. \"Natural Lands - St. Olaf College\" ( St. Olaf College. 2024. Retrieved April 21, 2024. 9. \"Fellowship and Scholarship Recipients\" ( owship-and-scholarship-recipients/). St. Olaf College. Retrieved July 14, 2020. 10. \"Two St. Olaf students awarded Goldwater Scholarships\" ( udents-awarded-goldwater-scholarships). St. Olaf College. June 11, 2019. Retrieved July 14, 2020. 11. Thorbjorn N. Mohn, First President of St. Olaf College. St. Olaf College. 2006 096400206X. 12. Dear Old Hill ( s=books&ie=UTF8&qid=1370264287&sr=1-3&keywords=dear+old+hill). St. Olaf College. January 1992. Retrieved June 2, 2013. 13. Kathryn Ericson The Muus vs. Muus Case in Three Forums\" ( s.org/MNHistoryMagazine/articles/50/v50i08p298-308.pdf History. Retrieved November 24, 2019. 14. \"The Reverend Bernt Muus\" ( ernt-muus/). St. Olaf College. Retrieved November 24, 2019. 15. David T. Nelson, Luther College, 1861\u20131961 Decorah, Iowa: Luther College Press, 1961. 16. Ytterboe, Elise (2009). Ole Voices No. 1: Reminiscences ( -no-1-reminiscences/). Northfield, MN: St. Olaf College. 17. \"St. Olaf College Selected Chronology (1874-1904)\" ( o-2-etiquette-101/st-olaf-college-a-selected-chronology-1874-1904/). wp.stolaf.edu. St. Olaf College. Retrieved November 23, 2023. 18. Shaw, Joseph (1974). History of St. Olaf College, 1874-1974 ( sset/viewAsset/58641082e758aecd04299915). Northfield, Minn.: St. Olaf College Press. pp. 98, 103. Retrieved October 8, 2020. 19. Ayers, Edel Ytterboe (1969). \"Chapter 6:1893-1899\" ( 6/ The Old Main. Anniston, Ala.: Higginbotham & Sawyer. Archived from the original ( apter-6-1893-1899/) on October 9, 2020. 20. Shaw, Joseph (1974). History of St. Olaf College, 1874-1974 ( sset/viewAsset/58641082e758aecd04299915). Northfield, Minn.: St. Olaf College Press. p. 104. Retrieved October 8, 2020. 2/16/25, 11:36 St. Olaf College - Wikipedia 14/19 21. Shaw, Joseph (1974). History of St. Olaf College, 1874-1974 ( sset/viewAsset/58641082e758aecd04299915). Northfield, Minn.: St. Olaf College Press. pp. 100\u2013 102. 22. History, Shaw-Olson Center for College. \"Chapter 7 The Passing of Ytterboe 1903-1904 \u2013 Shaw- Olson Center for College History\" ( apter-7-the-passing-of-ytterboe-1903-1904/). Retrieved October 8, 2020. 23. History, Shaw-Olson Center for College. \"War Comes to St. Olaf \u2013 Shaw-Olson Center for College History\" ( Retrieved October 8, 2020. 24. History, Shaw-Olson Center for College. \"Second World War Years \u2013 Shaw-Olson Center for College History\" ( Retrieved October 8, 2020. 25. \"King Olav's Minnesota Thanksgiving\" ( 26/king-olavs-minnesota-thanksgiving/94ab2a50-2db8-463a-8b64-f33b3581f56c/). The Washington Post. Retrieved November 15, 2019. 26. \"The Visit of Their Majesties King Harald and Queen Sonja of Norway\" ( multimedia/play/?e=625). Streaming from St. Olaf College. Retrieved November 15, 2019. 27 2011\" ( Retrieved November 15, 2019. 28. \"Queen Sonja of Norway visits campus\" ( campus). wp.stolaf.edu. Retrieved December 15, 2022. 29. \"History of St. Olaf College\" ( ollections/archives/scripts/25/history.html). Stolaf.edu. Archived from the original ( edu/collections/archives/scripts/25/history.html) on April 7, 2013. Retrieved July 16, 2013. 30. \"National Register Information System \u2013 (#76001073)\" ( S/76001073). National Register of Historic Places. National Park Service. July 9, 2010. 31. \"Steensland Hall century of service\" ( tolaf.edu/collections/archives/shows/steensland/artgallery/index.html). St. Olaf College. 2008. Archived from the original ( ndex.html) on March 18, 2007. Retrieved July 4, 2008. 32. \" \"America's most beautiful college campuses\", Travel+Leisure (September 2011)\" ( elandleisure.com/articles/americas-most-beautiful-college-campuses/25). 33. \"Retired art professor, campus architect Edward S\u00f6vik dies\" ( ofessor-campus-architect-edward-sovik-dies/). St. Olaf College. May 6, 2014. Retrieved December 18, 2014. 34. Gonnerman, David 'Renaissance Man' Reidar Dittmann '47 dies 35. \"Facilities \u2013 Art and Art History\" ( 36. \"History of the Museum\" ( St. Olaf College. Retrieved March 21, 2015. 37. Flaherty, Colleen Confronting Light and Dark professor-accused-sexual-misconduct 38. Shaw, Joseph M. (1992). Dear Old Hill: The Story of Manitou Heights, the Campus of St. Olaf College. St. Olaf College Press. pp. 113, 156, 40, 85. 39. Ytterboe, Elise, Ole Voices No. 1 \u201cChapter 13: Remembering Agnes Mellby\u201d from the St. Olaf Shaw-Olson Archive Chapter 13 Remembering Agnes Mellby \u2013 Shaw-Olson Center for College History ( nes-mellby/) 2/16/25, 11:36 St. Olaf College - Wikipedia 15/19 40. Ayers, Edel Ytterboe (1969). \"Chapter 18: Agnes Mellby\" ( 00317/ The Old Main. Anniston, Ala.: Higginbotham & Sawyer. Archived from the original ( he-old-main/chapter-18-agnes-mellby/) on December 7, 2021. 41. Shaw, Joseph M. (1992). Dear Old Hill: The Story of Manitou Heights, the Campus of St. Olaf College. St. Olaf College Press. p. 151. 42. Shaw, Joseph M. (1992). Dear Old Hill: The Story of Manitou Heights, the Campus of St. Olaf College. St. Olaf College Press. p. 156. 43. Shaw, Joseph M. (1992). Dear Old Hill: The Story of Manitou Heights, the Campus of St. Olaf College. St. Olaf College Press. p. 160. 44. Shaw, Joseph M. (1992). Dear Old Hill: The Story of Manitou Heights, the Campus of St. Olaf College. St. Olaf College Press. p. 102. 45. \"Harald Thorson: An Inventory of His Banking Files at the Minnesota Historical Society\" ( w2.mnhs.org/library/findaids/p2589.xml). Minnesota Historical Society. Retrieved October 8, 2020. 46. Shaw, Joseph M. (1992). Dear Old Hill: The Story of Manitou Heights, the Campus of St. Olaf College. St. Olaf College Press. p. 17. 47. Shaw, Joseph M. Dear Old Hill: The Story of Manitou Heights, the Campus of St. Olaf College. St. Olaf College Press. p. 154. 48 Core Requirements for the Bachelor of Arts Degree\" ( 1/03/OLE-Core-BA.pdf) (PDF). St. Olaf College. St. Olaf College Registrar's Office. Retrieved June 16, 2021. 49. \"Majors, Concentrations, Areas of Emphasis, and Teaching Certifications\" ( u/curriculum/majors-concentrations-areas-emphasis-teaching-certifications/). St. Olaf College Academic Catalog. St. Olaf College. Retrieved June 16, 2021. 50. \"St. Olaf College\" ( nces.ed.gov. U.S. Dept of Education. Retrieved February 18, 2023. 51. \"Common Data Set 2020-2021: Instructional Faculty and Class Size\" ( s/2021/01/I_CDS_2020-2021.pdf) (PDF). St. Olaf College. St. Olaf College. Retrieved June 16, 2021. 52. \"St. Olaf College Paracollege\" ( St. Olaf College. Registrar's Office. Retrieved October 8, 2020. 53. Studies, Center for Integrative. \"Center for Integrative Studies \u2013 St. Olaf College\" ( f.edu/cis/). St. Olaf College. Retrieved October 8, 2020. 54. \"Common Data Set 2020-2021\" ( (PDF). St. Olaf College. Retrieved June 16, 2021. 55. \"2024-2025 National Liberal Arts Colleges Rankings\" ( ings/national-liberal-arts-colleges). U.S. News & World Report. September 23, 2024. Retrieved November 22, 2024. 56. \"2024 Liberal Arts Colleges Rankings\" ( arts/). Washington Monthly. August 25, 2024. Retrieved August 29, 2024. 57. \"America's Top Colleges 2024\" ( Forbes. September 6, 2024. Retrieved September 10, 2024. 58. \"2025 Best Colleges in the U.S.\" ( 25) The Wall Street Journal/College Pulse. September 4, 2024. Retrieved September 6, 2024. 59. \"St. Olaf College Rankings\" ( nkings). U.S. News & World Report. Retrieved September 7, 2022. 60. \"America's Top Colleges\" ( Forbes. August 15, 2019. 2/16/25, 11:36 St. Olaf College - Wikipedia 16/19 61. \"2022 Liberal Arts Colleges Ranking\" ( rts/). Washington Monthly. Retrieved September 7, 2022. 62. \"Best Liberal Arts Colleges | PayScale\" ( ls-by-type/bachelors/liberal-arts-schools). Retrieved August 2, 2017. 63. Maranda, Jacob; Strother, Claire (October 1, 2020). \"Messenger changes name, denounces racist history\" ( story/). The Olaf Messenger. Retrieved October 8, 2020. 64. \"Oleville\" ( Oleville. Retrieved July 16, 2013. 65. Manitou Messenger (November 16, 2017). \"The stories they don't tell you on your admissions tour\" ( -tour-2/). Manitou Messenger. Retrieved December 1, 2019. 66. \"Shooting Ytterboe the Dog\" ( Shaw-Olson Center for College History. Retrieved December 1, 2019. 67. Catherine Roberts (April 18, 2008). \"Ytterboe: Star of screen and St. Olaf\" ( inn.com/northfield_news/archives/article_ed57d5e3-b3fa-59bb-a27e-b9ec6b165f05.html). Northfield News. Retrieved December 1, 2019. 68. \"50 Students End Anti Occupation of St. Olaf Building\" ( 4175857/st_olaf_vietnam_protest_ends/). The Star Tribune. April 18, 1970. Retrieved December 2, 2019. 69. \"Protestors at Two Colleges Gain Ground\" ( tc_protesters_april_18_1970/). The Minneapolis Star. April 18, 1970. Retrieved December 2, 2019. 70. \"St. Olaf student protests sexual misconduct policy with T-shirt\" ( -student-protests-sexual-misconduct-policy-with-a-t-shirt/374837711/). Star Tribune. April 7, 2016. Retrieved December 2, 2019. 71. Amy Mihelich (April 9, 2016). \"Survivor Speaks Out\" ( rvivor-speaks-out/). Manitou Messenger. Retrieved December 1, 2019. 72. Dylan Walker (April 30, 2016). \"Sexual misconduct policies under revision\" ( essenger.com/2016/sexual-misconduct-policies-under-revision/). Manitou Messenger. Retrieved December 1, 2019. 73. Lindsey Bever (May 1, 2017). \"Protests erupt, classes canceled after racist notes enrage a Minnesota college\" ( upt-classes-canceled-after-racist-notes-enrage-a-minnesota-college/). Wall Street Journal. Retrieved December 1, 2019. 74. Doualy Xaykaothao (May 1, 2017). \"With classes canceled, St. Olaf addresses race concerns\" (htt ps:// Minnesota Public Radio. Retrieved December 1, 2019. 75. Jennifer Brooks and Paul Walsh (May 11, 2017). \"St. Olaf: Report of racist note on black student's windshield was 'fabricated' \" ( ent-s-windshield-was-fabricated/421912763/?refresh=true). Star Tribune. Retrieved December 1, 2019. 76. Barclay, Eliza (September 20, 2019). \"How big was the global climate strike? 4 million people, activists estimate\" ( ke-2019-september-20-crowd-estimate). Vox. Retrieved October 8, 2020. 77 News Staff. \"Inside The Youth-Led Plan To Pull Off The Biggest Climate Strike So Far\" (htt p:// far News. Retrieved October 8, 2020. 78. \"Minnesota students striking for climate change share hopes, fears for future\" ( ws.org/story/2019/09/20/minnesota-students-striking-for-climate-change-share-hopes-fears-for-fut ure News. Retrieved October 8, 2020. 2/16/25, 11:36 St. Olaf College - Wikipedia 17/19 79. Mar, Jacob; a (September 26, 2019). \"Oles strike for the climate\" ( om/2019/oles-strike-for-the-climate/). Olaf Messenger. Retrieved October 8, 2020. 80. The St. Olaf Choir Narrative. St. Olaf College. 1997 0964002019. 81. College, St Olaf (October 12, 2021). \"The St. Olaf Band awarded The American Prize\" ( stolaf.edu/news/the-st-olaf-band-awarded-the-american-prize). St. Olaf College. Retrieved September 18, 2023. 82. \"About the St. Olaf Choir\" ( pts/music/stolaf_choir/about.html). Archived from the original ( u/depts/music/stolaf_choir/about.html) on February 7, 2007. 83. \"Sing For Joy\u00ae from St. Olaf College\" ( Sing For Joy from St. Olaf College. 84. Neuner, Cassidy (February 26, 2016). \"Frisbee controversy\" ( 016/frisbee-controversy/). Olaf Messenger. Retrieved October 8, 2020. 85. \"Who We've Been\" ( ULTIMATE. Retrieved October 8, 2020. 86. \"2017 Championships: Women's Day One Recap\" ( org/2017/05/2017-d-iii-championships-womens-day-one-recap/). College Championships. May 21, 2017. Retrieved October 8, 2020. 87. \"St. Olaf Wins 2018 Women's Championships\" ( 2018/05/st-olaf-wins-2018-womens-d-iii-championships/). College Championships. May 21, 2018. Retrieved October 8, 2020. 88. \"Oberlin Wins the Women's 2019 College Championships\" ( ltimate.org/2019/05/oberlin-wins-the-womens-2019-d-iii-college-championships/). College Championships. May 20, 2019. Retrieved October 8, 2020. 89. \"Historic Goat Up for Grabs on Saturday\" ( up-for-grabs-on-saturday). Northfield Patch. October 18, 2012. Retrieved November 27, 2014. See also \"Local Colleges Seek Custody of New Goat,\" Oct. 16, 1931, Northfield News, and \"Historic Happenings,\" by Susan Hvistendahl, Northfield Entertainment Guide, November and December, 2009. 90. \"Oles spin the eagle towards St. Olaf for a 9th consecutive time\" ( ports/football/stolafbeatscarleton/89-286005bb-be22-43c0-8a53-173147fbe3ed). KARE-TV. September 21, 2019. Retrieved July 14, 2020. 91. \"Metric Game a Rout\" ( The New York Times. September 18, 1977 0362-4331 ( 2-4331). Retrieved November 15, 2019. 92. Stephen Nolan (November 15, 2013). \"Cross country upholds tradition: Carls and Oles clash at annual Great Karhu Shoe Race\" ( s-tradition-carls-and-oles-clash-at-annual-great-karhu-shoe-race/). Manitou Messenger. Retrieved November 21, 2019. 93 (November 15, 2008 competes in Karhu Shoe Race\" ( Carletonian. Retrieved November 21, 2019.. 94 (November 11, 2011). \"Men warm up against St. Olaf in a comical costumed race\" ( Carletonian. Retrieved November 21, 2019. 95. \"National Book Awards - 1968\" ( -1968#.Uaz_0ZxpBOY). National Book Foundation. Retrieved June 3, 2013. 96. \"About\" ( St. Olaf College. Retrieved October 8, 2020. 2/16/25, 11:36 St. Olaf College - Wikipedia 18/19 97. \"World War Propaganda Posters\" ( St. Olaf College. Retrieved October 8, 2020. 98. \"St. Olaf alum becomes first transgender woman hired by White House\" ( st-olaf-alum-becomes-first-transgender-woman-hired-by-white-house). The Column. August 19, 2015. 99. \"Youth and Early Life\" ( wrence/youth.htm). American Institute of Physics. February 2015. Archived from the original (htt p:// on October 14, 2013. 100. \"The St. Olaf's College Choir\" ( IMDb. 101. Henke, David (August 19, 2008). \"Coen brothers will use St. Olaf for movie\" ( com/news.php?viewStory=45735). Northfield News. 102. Gonnerman, David (October 9, 2008). \"St. Olaf gets 'Serious' \" ( 808010712/ St. Olaf College News. Archived from the original ( sDetails&id=4469) on August 8, 2010. Official website ( Official athletics website ( Retrieved from \" External links 2/16/25, 11:36 St. Olaf College - Wikipedia 19/19", "7575_102.pdf": "Skip to Main Content \ue922 \ue91c Editorial | May 29 2019 Excluding scientist survivors from the Action Collaborative is a step backward in changing culture to prevent sexual harassment \ue905 \ue909Author and Article Information Gen Physiol (2019) 151 (7): 871\u2013873. The 2018 report from the National Academies of Sciences, Medicine, and Engineering (NASEM) on sexual harassment of women in academic sciences raised awareness in our community about the high prevalence of sexual harassment, the harm it causes, and the need for change at the systemic level and in our academic culture (NASEM, 2018). As a next step forward formed an Action Collaborative on Preventing Sexual Harassment in Higher Education. \u201cThe purpose of the action collaborative is to bring together academic Sharona E. Gordon \ue923 \ue913 Contents \ue90c References \ue90b Related & Metrics Next Article\ue946 Article Contents References Volume 151, Issue 7 1 July 2019 \ue930Standard View \ue916Share \ue908 \ue917Tools \ue908 2/16/25, 11:36 Excluding scientist survivors from the Action Collaborative is a step backward in changing culture to prevent sexual haras\u2026 1/12 Skip to Main Content 2/16/25, 11:36 Excluding scientist survivors from the Action Collaborative is a step backward in changing culture to prevent sexual haras\u2026 2/12 Skip to Main Content 2/16/25, 11:36 Excluding scientist survivors from the Action Collaborative is a step backward in changing culture to prevent sexual haras\u2026 3/12 Skip to Main Content 2/16/25, 11:36 Excluding scientist survivors from the Action Collaborative is a step backward in changing culture to prevent sexual haras\u2026 4/12 Skip to Main Content 2/16/25, 11:36 Excluding scientist survivors from the Action Collaborative is a step backward in changing culture to prevent sexual haras\u2026 5/12 Skip to Main Content 2/16/25, 11:36 Excluding scientist survivors from the Action Collaborative is a step backward in changing culture to prevent sexual haras\u2026 6/12 Skip to Main Content 2/16/25, 11:36 Excluding scientist survivors from the Action Collaborative is a step backward in changing culture to prevent sexual haras\u2026 7/12 Skip to Main Content 2/16/25, 11:36 Excluding scientist survivors from the Action Collaborative is a step backward in changing culture to prevent sexual haras\u2026 8/12 Skip to Main Content 2/16/25, 11:36 Excluding scientist survivors from the Action Collaborative is a step backward in changing culture to prevent sexual haras\u2026 9/12 Skip to Main Content 2/16/25, 11:36 Excluding scientist survivors from the Action Collaborative is a step backward in changing culture to prevent sexual haras\u2026 10/12 Skip to Main Content 2/16/25, 11:36 Excluding scientist survivors from the Action Collaborative is a step backward in changing culture to prevent sexual haras\u2026 11/12 2/16/25, 11:36 Excluding scientist survivors from the Action Collaborative is a step backward in changing culture to prevent sexual haras\u2026 12/12", "7575_103.pdf": "Menu Search Sign in Sign up Peter Cox \u00b7 March 10, 2017 1:10 Professor's name stripped from St. Olaf building Listen Story audio Save An art building at St. Olaf College is being renamed, because of what the school calls credible evidence that the professor it was named after engaged in sexual misconduct. In an email sent to the school and alumni Thursday, President David Anderson wrote that the college will remove Reidar Dittmann's name from Dittmann Center. Anderson wrote, \"Out of respect for the victims and the Dittmann family, many of whom are members of the St. Olaf community, we will not share details beyond acknowledging we received credible evidence that Professor Dittmann engaged in sexual misconduct during his time at St. Olaf.\" The center was named after Dittmann, an art history professor, in 2002. Dittmann taught at the school from 1947 to 1993. He died in 2010. \"This is not a particularly happy day for the college,\" Anderson said in an interview knew Reidar Dittmann. And his family is deeply woven into the fabric of St. Olaf want to be the first one to acknowledge that he made extraordinary contributions to St. Olaf during his time on the faculty.\" He pointed to Dittman's work launching St. Olaf's study abroad program and his 46 year teaching career. Born in Norway, he'd also been part of the Norwegian resistance against the Nazis during World War II. He helped sabotage a shipyard being used by the Nazis and was later taken prisoner and sent to Buchenwald, a German concentration camp, where he was in captivity for 30 months. \"But the thing that has really become impressed upon us most in the past year is that two things that just don't make sense together can both be true at the same time,\" said Anderson. \"And that's what we have here, is someone Newsletters 2/16/25, 11:37 Professor's name stripped from St. Olaf building News 1/5 who made great contributions to the life of the college and engaged in conduct that resulted in the action we took (Thursday).\" The Dittmann family released a statement Thursday, responding to the action of the college. The investigation involving Dittmann was conducted by the school's chief legal counsel, Carl Crosby Lehmann think it was a very fair process and we have a high degree of confidence in the decision that we made,\" said Lehmann. \"When we receive allegations like this we don't take them at face value,\" said Lehmann. \"We talk to witnesses. We do what we can to verify the details and we assess the credibility of the witnesses that we're speaking with. And even after many years it's possible to uncover facts and make decisions like this.\" \"As the family of Professor Reidar Dittmann, we are shocked and dismayed by the turn of events that has resulted in stripping his name from the Art and Dance Center at St. Olaf College. The allegations of sexual misconduct from decades ago deeply trouble his family, many members of whom proudly attended the college and grew up with it as an integral part of our lives. We abhor sexual misconduct without exception, but we are also devastated by the impossibility of due process for the person we knew and loved. There are many other aspects of this case that should be disturbing to anyone who cares about civil liberties: the recklessness on the part of the college in allowing its alumni database to be used to distribute anonymous allegations and to solicit more allegations from a targeted group of alumna; the college's secrecy about the allegations and the process used to indict our father posthumously; the haste with which the college reached its conclusion; and finally, the public humiliation our family is experiencing as a result of the college's communications of their actions. While we understand that the college needs to find a path forward, we are deeply saddened at this outcome which provides no closure for us.\" Report: Almost 300 sex assaults reported on campuses in 2015 2/16/25, 11:37 Professor's name stripped from St. Olaf building News 2/5 Program Schedule Station Directory Anderson said as the school addressed its sexual conduct policy over the last two years, some alumni came forward to report sexual misconduct, including the allegations against Dittmann. Anderson apologized for what happened to any alumni who experienced sexual misconduct. He said the school has received other reports from alumni through a confidential reporting system \u2014 which is still open \u2014 and is investigating on a case-by-case basis. St. Olaf's art building has been renamed the Center for Art and Dance, and signs outside the building have been changed. The school plans to scrub the Dittmann Center name from the website and campus maps over spring break next week. On March 27 the school is planning a \"service of lament and hope\" speaking generally to the school's awareness of past issues of sexual misconduct by faculty and staff that students have experienced. \"This isn't something that you hide,\" Anderson said. \"The general problem of faculty and staff sexual misconduct, you can't hide it. You know the people who have experienced it. You have heard them express their pain. You are aware of the impact it has had on their lives. You don't just put that under the rug. You have to lift it up and own it and address it.\" News you can use in your inbox Enter your email Terms 2/16/25, 11:37 Professor's name stripped from St. Olaf building News 3/5 About News Careers Contact Us Events Frequently Asked Questions Fundraising Credentials More from Newsletters Outages Press Privacy Shop Staff Directory Stations Terms Why Trust Us Get the app Stay Connected to News \u00a9 2025 Minnesota Public Radio. All rights reserved 2/16/25, 11:37 Professor's name stripped from St. Olaf building News 4/5 2/16/25, 11:37 Professor's name stripped from St. Olaf building News 5/5"} |
8,547 | Don Waller | University of Wisconsin – Madison | [
"8547_101.pdf",
"8547_102.pdf"
] | {"8547_101.pdf": "January 18, 2020 Members of the College of Letters & Science Community, As part of our college\u2019s continued commitment to preventing and responding to sexual misconduct am reaching out to you regarding the university\u2019s findings that Dr. Donald Waller, formerly of the Botany Department, had engaged in sexual harassment and the actions taken in response. This was the subject of an article today in the Wisconsin State Journal want to, first and foremost, reaffirm our commitment in the College of Letters & Science to providing an inclusive and welcoming environment where each of us\u2014student, staff and faculty\u2014can thrive and feel at home. We know we have work to do but together, we will continue to strive to live up to our ideals also want to address questions raised about the amount of information shared publicly in this case. In some cases of sexual misconduct, the university is able to release a redacted version of the investigator\u2019s report. In this case, the university determined that in order to protect student privacy, the report would need to be so heavily redacted as to make it meaningless understand the reasoning for the university\u2019s decision while recognizing that it may create additional questions and frustration. Department Chair Kenneth Cameron informed the department\u2019s entire complement of faculty, staff, students, emeriti and fellows by email and then in face-to-face public meetings of the investigation and its outcome. There was no attempt to conceal or inappropriately withhold general information about the case. Many survivors of sexual harassment or misconduct are deeply concerned about maintaining their privacy. If the university were to violate federal student privacy law and 2/16/25, 11:37 Interim Dean\u2019s Statement on Sexual Harassment | College of Letters & Science, University of Wisconsin-Madison 1/3 release information that allows someone to identify a survivor, it would strongly discourage other survivors from coming forward. Below is additional information from Provost Karl Scholz and Botany Chair Cameron regarding the situation. Provost Scholz: \u201cThe university stands behind our response to the allegations against Dr. Donald Waller. Our investigation was thorough, fair, respected the due process rights of all parties and found that Dr. Waller engaged in sexual harassment. \u201cHis behavior was deeply damaging to individuals and to our campus community. Based on the findings of the investigation, the university took appropriate actions. \u201cDr. Waller\u2019s statements to the news media are misleading.\u201d Chair Cameron: \u201cThis situation was very troubling to me and many others; we want our department to be a place where everyone feels safe, supported and respected. We all agree that we must not tolerate harassment of any kind and our department has taken action in response. \u201cFirst felt it was important for students, faculty and staff to be aware of this situation while also protecting the privacy of the complainant(s). Therefore, in September, after the investigation was concluded and a determination made about Dr. Waller\u2019s status following his retirement held mandatory meetings with all faculty, staff and graduate students in the department to share information about the outcome and actions taken. \u201cSecond, as a department, we identified a number of areas of improvement. We established a new standing committee this fall to address broader issues of diversity, equity, climate, and inclusivity. This committee includes faculty, staff, postdocs, and elected graduate students. (Previously the department had a single professor serving as liaison for diversity and another as liaison for sexual harassment.) We also determined we needed to focus on training. We have scheduled a forum on sexual harassment with the Title Office and a workshop on preventing hostile & intimidating behavior. Further training workshops are being considered for the spring semester. 2/16/25, 11:37 Interim Dean\u2019s Statement on Sexual Harassment | College of Letters & Science, University of Wisconsin-Madison 2/3 know speak for our entire department when say that we are committed to learning from this experience and doing our utmost to ensure a positive climate for all going forward.\u201d Finally want to provide you with some resources you may count on for help. The UW- Madison Office of Compliance provides information and resources related to sexual harassment. If members of the community have questions, concerns, or would like to report an issue related to sex discrimination or sexual harassment in the workplace encourage you to reach out to Cheryl Adams Kadera in Human Resources, your divisional associate dean (Gloria Mari-Beffa for the Sciences, Susan Zaeske for the Humanities, Greg Downey for the Social Sciences, and Kristin Eschenfelder for CDIS), your Associate Dean if you are in a Administrative unit, or to me, in the Dean\u2019s Office (eric.wilcots@wisc.edu). You may also contact the university\u2019s Title Coordinator. Thank you for all you do for Letters & Science. Eric M. Wilcots Interim Dean, College of Letters & Science Mary C. Jacoby Professor of Astronomy Feedback, questions or accessibility issues: info@ls.wisc.edu Privacy Notice | Cookie Notice \u00a9 2025 Board of Regents of the University of Wisconsin System 2/16/25, 11:37 Interim Dean\u2019s Statement on Sexual Harassment | College of Letters & Science, University of Wisconsin-Madison 3/3", "8547_102.pdf": "The Badger Herald \u2022 February 4, 2020 \u2022 unable-to-release-redacted-reports-for-sexual-harassment-cases/ Audio Coming Soon cannot release sexual harassment report in botany case The university cites student privacy laws by Savannah Kind The University of Wisconsin did not release reports for a recent sexual harassment investigation that would detail what actions occurred or how the investigation was carried out. One recent case has not released investigative reports for involves retired botany professor Don Waller. The Wisconsin State Journal reported the investigation closed in March of last year after finding Waller had engaged in sexual harassment. Waller retired in June spokesperson Meredith McGlone said in an email to the Badger Herald that the university was unable to release investigative reports because the information in them would reveal the identity of the accuser. \u201cIn a number of cases, the university has been able to release redacted investigative reports without jeopardizing the privacy of survivors,\u201d McGlone said. \u201cHowever, in this particular case, that simply was not possible. Furthermore Campus Title Coordinator Lauren Hasselbacher said the university understands the community\u2019s concerns about sexual violence and misconduct and that does everything it can to respond appropriately. In a sexual harassment investigation there are several reports and documents the public should have access to, though, Wisconsin Freedom of Information Council Chair Bill Lueders said. He said there should be documentation of the original allegation, reports from the investigation, records of interviews conducted and a final resolution on the findings of the investigation. \u201cNone of those documents were released in the case involving professor Waller,\u201d Lueders said. \u201cWe don\u2019t know what misconduct occurred. We don\u2019t know what misconduct was alleged.\u201d Gov Evers releases report on mishandled sexual assault investigations, National Guard Adjutant General resigns McGlone said information regarding the case that was able to be shared was released to Botany department students, faculty, staff and the Letters and Science community. This did not include redacted reports from the investigation. The university is also unable to provide information about a complaint that was filed in 2016 and was reviewed by the U.S. Department of Education\u2019s Office for Civil Rights. According to the Wisconsin State Journal, the was investigating a complaint made against the university regarding the handling of a sexual harassment case. The dismissed the case in November of 2019 because of difficulties contacting the person who filed the original complaint, according to the Wisconsin State Journal. The has not shared what the complaint was or what misconduct was alleged in the case. \u201cThe university has provided as much information as we are able to under federal student privacy law,\u201d McGlone said. \u201cWe do not control what information the U.S. Department of Education releases about their cases.\u201d The has three remaining cases involving the University open at this time. These investigations were all opened by the in 2015. Lueders said he finds the lack of information provided by concerning in both cases. \u201cMy perspective is that UW-Madison is over-applying student privacy rules,\u201d Lueders said. \u201cIn these instances, it should not be impossible for the public to know what conduct was alleged and what misconduct was affirmed [by an investigation report finds sexual assault rates of females remain unchanged since 2015 Lueders said the purpose of releasing information after an investigation is to allow the public to evaluate if the university carried out the case properly. Without released reports, students are left to take the university\u2019s word on the issue, he said. Hasselbacher said both the complainant and the accused person can request an appeal if they are unhappy with how an investigation was handled. \u201cWe also publicly share our policies and procedures, including specific definitions of sexual harassment and misconduct, and we have mandatory training for all faculty, staff and students on these issues,\u201d Hasselbacher said. Hasselbacher said information about this process is available on the Title website Survivor Services Coordinator Zo\u00eb Whaley wrote in an email to the Badger Herald why it is important to protect survivors\u2019 anonymity during and after an investigation. \u201cThe confidential support we provide survivors is essential to the healing process,\u201d Whaley said. \u201cOur staff supports survivors in deciding what is most helpful for them, and maintaining their privacy often determines whether or not a survivor will seek resources. Survivors manage many challenges and their privacy \u2014 both in records and more\u2014 helps maintain their safety.\u201d Hasselbacher said revealing accusers identities could discourage survivors from coming forward and filing a complaint. Former summer program participant sues university, alleging sexual harassment, assault Promoting Awareness Victim Empowerment Chair Saja Abu-Hakmeh said finding a balance between protecting survivors\u2019 privacy and releasing information can be difficult, but it is important. Protecting sexual assault survivors during the reporting process is essential, she said, because they are the ones who have been harmed. \u201cYou want to establish support around them, so can understand from that perspective why reports remain redacted,\u201d Abu- Hakmeh said. \u201cBut on the same end of that, it becomes an issue because students are unaware of the levels of assault that occur on campus.\u201d Abu-Hakmeh said has made improvements in recent years to better support survivors. The university is constantly hiring new counselors, and last semester piloted extended hours for students to access mental health help, she said. But a stronger push for change will need to occur for the university to make a bigger impact on helping with survivor recovery, Abu-Hakmeh said. \u201cWe are committed to continuing to improve \u2014 the university is using data from the recent sexual assault and misconduct survey as well as ongoing campus feedback to further enhance our education, prevention and response efforts,\u201d Hasselbacher said."} |
7,808 | Manuel Ortiz | University of Phoenix | [
"7808_101.pdf",
"7808_102.pdf"
] | {"7808_101.pdf": "Boxer Victor Ortiz arrested in Oxnard on sexual assault charges 11) - Just days before a nationally televised fight professional boxer Victor Manuel Ortiz was arrested in Oxnard on sexual assault charges. On March 19, 2018, at 12:50 p.m., an adult female victim contacted the Oxnard Police Department. She reported that she was sexually assaulted inside a residence in the city of Oxnard. The Oxnard Police Department's Family Protection Unit responded to the call for service and took over the criminal investigation. The suspect was identified as Victor Manuel Ortiz, a 31-year old Tarzana reside After several months of investigation by the FPU, the case was presented to the Ventura county district attorney's office for filing warrant for the arrest of Ort was issued. Around 3 pm on September 25, 2018, Ortiz turned himself in at the Ventura County Sheriff Department East Valley Station. He was booked for 261 (a)(2) pc forcible oral and 288a(a) pc forcible oral copulation and 289 (a)(1)(a) pc forcible digital rape, his bail was set at $100,000. Victor Ortiz is an American professional boxer and film actor. He held the welterweight title in 2011, and was formerly rated as one of the top three welterweights in the world by most sporting news and boxing websites and a former 'Dancing With The Stars' contestant. Published September 25, 2018 9:01pm 10 Phoenix | | Watch Live 2/16/25, 11:38 Boxer Victor Ortiz arrested in Oxnard on sexual assault charges 10 Phoenix 1/2 This material may not be published, broadcast, rewritten, or redistributed. \u00a92025 Television Stations f t y t 2/16/25, 11:38 Boxer Victor Ortiz arrested in Oxnard on sexual assault charges 10 Phoenix 2/2", "7808_102.pdf": "From Casetext: Smarter Legal Research E.E.O.C. v. University of Phoenix, Inc. United States District Court, D. New Mexico Apr 18, 2007 505 F. Supp. 2d 1045 (D.N.M. 2007) Copy Citation Download Check Treatment Take care of legal research in a matter of minutes with CoCounsel, your new legal assistant. Try CoCounsel free No. CIV-05-1048 JB/WPL. April 18, 2007. *1046 1046 Emanuel Smith, Phoenix, AZ, Gwendolyn Young Reams, James L. Lee Legal Counsel Office, Washington, DC, Mary Jo O'Neill Phoenix District Office, Phoenix, AZ, Veronica A. Molina, Loretta F. Medina, Equal Employment Opportunity Commission Legal Unit, Albuquerque, NM, for Plaintiff. Sign In Search all cases and statutes... Opinion Summaries Case details 2/16/25, 11:38 E.E.O.C. v. University of Phoenix, Inc., 505 F. Supp. 2d 1045 | Casetext Search + Citator 1/28 O. BROWNING, District Judge. James D. Kilroy, Kristen Mix, Snell Wilmer LLP, Denver, CO, Matthew Drew Mitchell, Matthew Mitchell, PC, Chandler, AZ, Stanley K. Kotovsky, Jr., Tinnin Law Firm Professional Corporation, Albuquerque, NM, William R. Hayden, Snell Wilmer, Phoenix, AZ, for Defendant. Glenn Schlactus, Myrna Perez, Relman Associates, PLLC, Washington, DC, Reed Neill Colfax, Santa Fe, NM, for Interveners. *1048 1048 comes before the Court on: (i) the Defendant's Motion for Summary Judgment, filed August 4, 2006 (Doc. 64) (\"Summary Judgment Motion\"); and (ii) Plaintiff Loretta Grado's Motion for Partial Summary Judgment, filed August 4, 2006 (Doc. 66) (\"Partial Summary Judgment Motion\"). The Court held a hearing on the motions on October 31, 2006. The primary issues are: (i) whether Plaintiffs Loretta Grado and the Equal Employment Opportunity Commission (\"EEOC\") have presented sufficient evidence that there are genuine issues of material fact concerning the constituent elements of their claims against Defendant University of Phoenix, Inc. (\"University\") for sexual harassment, retaliation, intentional infliction of emotional distress, and negligent supervision; (ii) whether the Plaintiffs can seek punitive damages at trial; and (iii) whether the *2 University or the Plaintiffs are entitled to summary judgment on the Faragher/Ellerth defense. Because the Court finds that disputed issues of material fact preclude the granting of judgment as a matter of law on the claims for sexual harassment, retaliation, and negligent supervision, *1049 the Court will deny the University's request for summary judgment on those claims. Because the Court, accepting all of the relevant facts in favor of Grado, concludes that Grado cannot prevail on the law on her intentional infliction of emotional distress claim, the Court will grant the University's request for summary judgment on that claim. Because the Court further finds that material factual disputes exist regarding the applicability of 1 2 1049 2/16/25, 11:38 E.E.O.C. v. University of Phoenix, Inc., 505 F. Supp. 2d 1045 | Casetext Search + Citator 2/28 punitive damages to this case, the Court will deny the University's request for summary judgment on the issue of punitive damages. Finally, because the Court concludes that material factual disputes prevent the granting of judgment as a matter of law on the issue of theFaragher/Ellerth defense either to the University or the Plaintiffs, the Court will deny both the University's and the Plaintiffs' requests for summary judgment on that issue. 1 Loretta Grado was formerly known as Loretta Rodriguez The University employed Grado as a Program Specialist at the Santa Teresa Campus from July 1, 2003 through May 28, 2004. See Plaintiff Loretta Grado's Statement of Undisputed Facts at 1, filed August 4, 2006 (Doc. 67) (\"Grado's Fact Statement\"); id., Exhibit 14, Deposition of Loretta Grado at 20:18-21:2 (taken March 8, 2006) (\"Grado Deposition\"); Defendant's Response to Plaintiff Loretta Grado's Separate Statement of Facts at 1, filed August 28, 2006 (Doc. 81) (\"Defendant's Fact Response\"). As a Program Specialist, Grado entered new student information into databases, submitted transcripts to other institutions, counseled students regarding transcripts and credits, and administered College Level Examination Program testing. See Grado Deposition at 34:9-25; Defendant's Fact Response at 1. Grado's immediate supervisor at Santa Teresa was *3 Brian Russo; Russo's immediate supervisor was Pamela Snow-Armendariz. See Grado Deposition at 35:5-18; Defendant's Fact Response, Exhibit A, Deposition of Pamela Snow-Armendariz at 69:17-24 (taken April 21, 2006) (\"Snow-Armendariz Deposition\"). Grado had occasion to report to both Russo and Snow-Armendariz.See Grado Deposition at 35:5-18. Manuel (\"Manny\") Ortiz was the Campus Director during Grado's employment at Santa Teresa. See Grado's Fact Statement, Exhibit 16, Deposition of Brian Russo, Vol. I, at 30:22-31:4 (taken March 7, 2006) (\"Russo Deposition\"); Defendant's Fact Response at 2. 3 Before Grado complained about Ortiz' behavior, at least one other employee had complained to the University about Ortiz' behavior. See Grado's Fact Statement, Exhibit 2, Letter from Angela Rowe Luttrell to Laura Palmer Noone (dated July 28, 2003). Angela Luttrell, a Finance Counselor at the 2/16/25, 11:38 E.E.O.C. v. University of Phoenix, Inc., 505 F. Supp. 2d 1045 | Casetext Search + Citator 3/28 Id. at 2. The University investigated Luttrell's complaint, conducting interviews of Luttrell and other employees. See Defendant's Fact Response, Exhibit C, Deposition of Christine J. Springfield, Vol. II, at 199:2-203:19 (taken July 13, 2006) (\"Springfield Deposition\"). During the investigation, the University received an anonymous e-mail that stated: \"When you guys are done covering Manny's ass, maybe you can look into the employees he sexually harasses and the student he is sleeping *1050 with. . . .\" Springfield Deposition, Attachment 50, E-mail from Anonymous to Christine Springfield (dated August 4, 2003). None of the employees interviewed in the course of the investigation *4 reported concerns about Ortiz engaging in inappropriate sexually related behavior. See Springfield Deposition, Vol. II, at 199:2-203:19; id., Attachment 122, Investigation Summary (dated August 8, 2003). The investigation found that some employees believed that Ortiz inappropriately disciplined and evaluated employees. See Springfield Deposition, Vol. II, at 199:2-203:19;id., Attachment 122, Investigation Summary (dated August 8, 2003). Based upon the investigation's findings, the University issued Ortiz a Final Written Warning, requiring Ortiz to act professionally at all times and to conduct discussions concerning employee performance in a confidential manner. See Springfield Deposition, Attachment 139, Final Warning from Randy Lichtenfeld and Debra Baldwin to Manual Ortiz (dated August 20, 2003). Santa Teresa Campus, wrote a letter to University President Laura Palmer Noone regarding what she perceived as Ortiz' threatening behavior towards women. See id. Luttrell's letter stated: Mr. Ortiz has a very low opinion of women and treats them as inferiors. He is belligerent, hostile, and aggressive towards them. Not only did Mr. Ortiz threaten me, he slandered me in front of a large group of my peers am not the first woman he had treated this way am aware of others. 1050 4 The University has, and at the time of Grado's employment had, a Discrimination and Harassment Policy. See Grado's Fact Statement, Exhibit 5, Discrimination and Harassment Policy; Defendant's Fact Response at 4. The University's Discrimination and Harassment Policy requires employees who believe they are victims of sexual harassment to report the harassment 2/16/25, 11:38 E.E.O.C. v. University of Phoenix, Inc., 505 F. Supp. 2d 1045 | Casetext Search + Citator 4/28 to their supervisors, the Human Resources Department, or the Employee Services Department. See Grado's Fact Statement, Exhibit 5, Discrimination and Harassment Policy; Defendant's Fact Response at 4. The University's Discrimination and Harassment Policy requires supervisors to report incidents of sexual harassment of which they are aware to the Human Resources Department. See Grado's Fact Statement, Exhibit 15, Deposition of April Harper at 32:4-24 (taken April 13, 2006) (\"Harper Deposition\"). Grado reported Ortiz' harassment of her to Russo and Snow-Armendariz. See Grado Deposition at 61:1-25; id. at 66:13-68:25; id. at 131:8-23; id. at 186:18-187:25. Grado first informed Russo in July or August 2003 of her concern about the constant attention Ortiz gave her. See id. at *5 66:13-18. Grado and Chris Camp told Russo about a number of incidents involving Ortiz' inappropriate behavior towards Grado.See id. at 60:1-61:18; id. 67:9-16; id. at 68:11-69:3; id. at 84:14-85:7; Grado's Fact Statement, Exhibit 13, Deposition of Chris Camp, Vol. I, at 232:6-9 (\"Camp Deposition\"). 5 Russo acknowledged that Grado may have complained to him about Ortiz' conduct as many as twenty times. See Russo Deposition, Vol. II, at 79:23- 80:2. Russo and Snow-Armendariz testified that they did not report Ortiz' alleged harassment of Grado to the Human Resources Department, because they feared retaliation from Ortiz. See Russo Deposition, Vol. I, at 209:14-24; Snow-Armendariz Deposition at 127:14-22; id. at 171:3-12. Russo also testified, however, that he remembered Grado complaining to him only once about Ortiz' behavior before the University began its investigation of sexual harassment allegations against Ortiz, and that her concern regarded Ortiz frequently calling her work phone and coming by her cubicle. See Russo Deposition, Vol. II, at 98:18-99:25; id. at 102:3-22. Snow-Armendariz testified that, while Grado informed her that Ortiz made her feel uncomfortable, she was not sure if the conduct Grado described constituted a violation of the University's sexual harassment policy. See Snow-Armendariz Deposition at 127:14-129:6; id. 171:13-25. On February 10, 2004, the University received an anonymous complaint raising several issues about Ortiz' management of the Santa Teresa Campus. The complaint *1051 triggered an investigation that ultimately led to Ortiz' termination. See Grado's Fact Statement, Exhibit 6, Letter from Anonymous 1051 2/16/25, 11:38 E.E.O.C. v. University of Phoenix, Inc., 505 F. Supp. 2d 1045 | Casetext Search + Citator 5/28 to Bob Barker, Randy Lichtenfeld, and Christine Springfield (received February 10, 2004) (\"February 10, 2004 Letter\"); Defendant's Fact Response at 6. The letter stated: Lately Manny has been behaving very rude and mean to me and the others (but mostly *6 us women) here at work. . . . Some of us have seen him bullying different women in different departments, using sex and the fact that he is stronger than them. We are scared know am not the only one to see this happen. 6 February 10, 2004 Letter. The University immediately began an investigation into the anonymous complaint. See Harper Deposition at 83:1-84:9. On February 11, 2004, the University conducted random employee interviews at Santa Teresa. See id. at 117:4-24; Defendant's Separate Statement of Facts in Support of its Motion for Summary Judgment, filed August 4, 2006 (Doc. 65) (\"Defendant's Fact Statement\"), Exhibit B, Attachment 56, Investigation Summary (dated February 18, 2004) (\"February 18, 2004 Investigation Summary\"). Grado was one of thirteen employees the University interviewed that day. See Harper Deposition at 83:1-84:9; February 18, 2004 Investigation Summary. As a result of those interviews, the University placed Ortiz on administrative leave, pending the final outcome of the investigation. See Defendant's Fact Statement, Exhibit C, Deposition of Tracy Bonjean, Vol. II, 29:4-30:19 (taken July 12, 2006). On February 18, 2004, a University investigator interviewed Ortiz concerning the allegations against him. See February 18, 2004 Investigation Summary. Also on February 18, 2004, the University received an e-mail from Grado, stating that she \"was unable to give a detailed report of the incidents\" during her February 11, 2004 interview, and including an attachment containing a more detailed description of \"the incidents.\" Defendant's Fact Statement, Exhibit B, Attachment 61, E-mail from Loretta Rodriguez to April Harper (dated February 18, 2004). In her February 18, 2004 communication to the University, Grado stated that Ortiz called her and came by her cubicle excessively, asked her personal 2/16/25, 11:38 E.E.O.C. v. University of Phoenix, Inc., 505 F. Supp. 2d 1045 | Casetext Search + Citator 6/28 questions, told her that, to him, \"partying\" meant kissing and having sex, asked her if she liked to party, showed her a yearbook picture of *7 himself and talked about how good he looked in it, offered to pay for a hotel room, and demeaned women continuously. See id. The University asserts that Grado's allegations against Ortiz were included in the investigation that led to his termination.See Harper Deposition at 134:20-135:11. Grado contends, however, that the University never investigated her specific allegations of sexual harassment against Ortiz, or her supervisors' failure to report complaints about Ortiz' behavior up the University's chain of command. See Grado Fact Statement at 2; Grado's Opposition at 12. 7 At the conclusion of its investigation, and after unsuccessful attempts to reach an amicable separation, the University terminated Ortiz on April 16, 2004. See Defendant's Fact Statement, Exhibit D, Attachment 12, Termination Letter from Tracy Bonjean to Manuel Ortiz (dated April 16, 2004). Ortiz had received, on several occasions, training on the University's sexual harassment policies. See Defendant's Fact Statement, Exhibit D, Deposition of Manuel Ortiz at 93:13-95:17 (taken April 11, 2006) (\"Ortiz Deposition\"); id., Attachment 4. There is evidence, however, that supervisors and employees at the Santa Teresa campus did not take *1052 sexual harassment training seriously and that it was ineffective. See Grado Deposition at 29:19-30:3; Russo Deposition, Vol. I, at 37:16-38:3; id. at 53:3-12; Russo Deposition, Vol. II, at 26:5-20. 1052 On April 21, 2006, the University received the Charge of Discrimination that Grado had filed with the on April 15, 2006. See Defendant's Fact Statement, Exhibit E, Notice of Charge of Discrimination (dated April 20, 2006). The Charge of Discrimination includes allegations that Ortiz sexually harassed Grado by asking her sexual questions and calling her work phone and visiting her cubicle excessively, that the Human Resources Department did not properly investigate her complaints about Ortiz, and that she was not chosen for a promotion to a Financial Aid Counselor position in retaliation for refusing Ortiz' advances. See id. Grado continued to work for the *8 University at the Santa Teresa Campus until May 28, 2004, when she resigned to accept employment with another company. See Grado Deposition at 206:1-23; Defendant's Fact Statement, Exhibit A, Attachment 13, Resignation Letter from Loretta Grado to Pam Snow and Brian Russo. 8 2/16/25, 11:38 E.E.O.C. v. University of Phoenix, Inc., 505 F. Supp. 2d 1045 | Casetext Search + Citator 7/28 At her March 8, 2006 deposition, Grado described several examples of Ortiz' behavior towards her, she testified: (i) that Ortiz showed her pictures of his high school yearbook and asked her if she thought he was good looking, see Grado Deposition at 55:13-17; (ii) that Ortiz asked her to leave the building with him because he had something to show her, see id. at 74:11-15; (iii) that Ortiz asked her when she was going to give in, see id. at 86:10-24; (iv) that Ortiz ran his fingers through her hair,see id. at 51:25-52:7; and (v) that Ortiz tried to kiss her, see id. at 89:14-19. Grado also alleged that Ortiz retaliated against her for refusing his advances. She testified that Ortiz told her about an open Financial Aid Counselor position, see id. 78:15-24, that Ortiz encouraged her to apply for the position, see id., that Ortiz said he would waive the University's standard requirement that an employee be in a position for at least six months before moving to another position, see id. at 79:1-3, that Ortiz interviewed her for the position, see id. at 81:19-25, and that, the day before the filling of the position was announced, she refused a request by Ortiz to party, see id. at 196:1-3. Ortiz had the final say in determining who would fill the Financial Aid Counselor position. See Russo Deposition, Vol. I, at 148:15-23; Snow-Armendariz Deposition at 133:18-22. When Grado questioned Ortiz about why she did not receive the position, however, Ortiz told her that it was not his decision. See Grado Deposition at 83:20-23. Grado first interviewed for the Financial Aid Counselor position with Financial Aid Manager Jimmy Armendariz. See Defendant's Fact Statement, Exhibit G, Deposition of Jaime Armendariz at 84:2-87:19 (taken March 8, 2006) (\"Armendariz Deposition\"); Grado's Opposition at 14. Grado then *9 interviewed with Accounting Manager Rocio Martinez. See Armendariz Deposition at 84:2-87:19. Martinez selected another candidate over Grado to advance to the final interview stage with Ortiz, because Martinez believed the other candidate had performed better in the interview and had stronger recommendations. See Defendant's Fact Statement, Exhibit H, Deposition of Rocio Martinez at 83:14-84:18. Martinez made her selection on November 17, 2003, without having any conversations with Ortiz about the selection process. See id. at 84:21-85:2. 9 Additionally, Grado testified that, as a result of Ortiz' conduct, she had between five and ten nightmares, suffered loss of sleep, saw a doctor twice 2/16/25, 11:38 E.E.O.C. v. University of Phoenix, Inc., 505 F. Supp. 2d 1045 | Casetext Search + Citator 8/28 for her emotional distress and sleeping problems, and took some sample medications that the doctor *1053 gave her. See Grado Deposition at 218:3- 221:25. Grado further testified that the emotional distress Ortiz caused her took away her ability to care for her children for one month. See id. at 227:20-228:25. At her deposition, Grado also stated that Ortiz' behavior towards her would make her so upset that she would feel like vomiting. See id. at 60:20-25. 1053 On September 30, 2005, the filed its initial Complaint, alleging, pursuant to Title of the Civil Rights Act of 1964 and Title of the Civil Rights Act of 1991, that Grado and Lorena Pinon were subjected to sexual harassment, which created a hostile work environment, and retaliation. See Complaint/Jury Trial Demand, filed September 30, 2005 (Doc. 1). The filed its First Amended Complaint on October 12, 2005, correcting typographical errors contained in paragraph eight of its initial Complaint. See First Amended Complaint/Jury Trial Demand at 1, 3, filed October 12, 2005 (Doc. 3). On January 31, 2006, Pinon filed her Motion to Intervene. See Motion to Intervene, filed *10 January 31, 2006 (Doc. 14). The Court granted Pinon's motion on February 26, 2006. See Order, filed February 26, 2006 (Doc. 17). Subsequently, on February 13, 2006, Pinon filed a Complaint, which includes federal claims for harassment and retaliation, and state law claims for constructive discharge, breach of contract, and negligent supervision. See Complaint for Damages for Sexual Harassment, Retaliation, Constructive Discharge, Breach of Contract and Negligent Supervision and Retention, filed February 13, 2006 (Doc. 18). 10 Similarly, Grado filed a motion to intervene, pursuant to rule 24(a) of the Federal Rules of Civil Procedure and 42 U.S.C. \u00a7 2000e-5(f)(1), on February 22, 2006. See Motion to Intervene at 1, filed February 22, 2006 (Doc. 19). On May 10, 2006, the Court granted Grado's motion and her leave to file a complaint. See Memorandum Opinion and Order, filed May 10, 2006 (Doc. 49). Grado's Complaint, which was filed on May 26, 2006, includes federal claims for quid pro quo sexual harassment, hostile working environment, and retaliation, and state law claims for negligent supervision, intentional 2/16/25, 11:38 E.E.O.C. v. University of Phoenix, Inc., 505 F. Supp. 2d 1045 | Casetext Search + Citator 9/28 infliction of emotional distress, and breach of implied contract. See Complaint of Intervenor Loretta Grado at 13-15, filed May 26, 2006 (Doc. 52). On August 4, 2006, the University filed a summary judgment motion requesting that the Court grant judgment in its favor on all of Grado's claims, the issue of punitive damages, and theFaragher/Ellerth defense. See Summary Judgment Motion at 1, 7-23. The University argues that, even when the facts are viewed in the light most favorable to the Plaintiffs, the Plaintiffs cannot satisfy one or more of the legal elements for each of the claims they bring or for punitive damages to be applicable. See id. Further, the University contends that there is not a genuine issue of material fact concerning whether it can satisfy the elements of the Faragher/Ellerth defense, and that, therefore, it is entitled to summary judgment on the Plaintiffs' sexual harassment claims. See id. at 14-15. *11 11 Also on August 4, 2006, Grado filed her partial summary judgment motion. See Partial Summary Judgment Motion at 1. Grado argues that, even when the facts are viewed in the University's favor, it cannot satisfy the legal elements of theFaragher/Ellerth defense it asserts, and that, as such, the Court should enter summary judgment on that issue for the Plaintiffs. On August 16, 2006, Pinon and the University, pursuant to rule 41(a)(1) of the Federal Rules of Civil Procedure, stipulated to the dismissal, with prejudice, of all *1054 of Pinon's claims. See Stipulation for Dismissal with Prejudice of Lorena Pinon, filed August 16, 2006 (Doc. 73). 1054 On August 29, 2006, Grado filed Plaintiff-Intervenor Loretta Grado's Opposition to Defendant's Motion for Summary Judgment.See Plaintiff- Intervenor Loretta Grado's Opposition to Defendant's Motion for Summary Judgment, filed August 29, 2006 (Doc. 82) (\"Grado's Opposition\"). In her Opposition, Grado states that she is no longer pursuing her breach of contract claim. See id. at 39 n. 7 Summary judgment shall be granted \"if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, 2/16/25, 11:38 E.E.O.C. v. University of Phoenix, Inc., 505 F. Supp. 2d 1045 | Casetext Search + Citator 10/28 show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.\" Fed.R.Civ.P. 56(c). See Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). The opposing party may not rest upon mere allegations and denials in the pleadings, but must set forth specific facts showing that there is a genuine issue for trial. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986) (citing Fed.R.Civ.P. 56(e)). An issue of fact is \"genuine\" if the evidence is significantly probative or more than merely colorable such that a jury could reasonably return a verdict for the non-moving party.Id. at 249-50 (citations omitted). Mere assertions or conjecture as to factual disputes are not enough *12 to survive summary judgment. See Branson v. Price River Coal Co., 853 F.2d 768, 771-72 (10th Cir. 1988). The court may consider only admissible evidence when ruling on a motion for summary judgment. See World of Sleep, Inc. v. La-Z-Boy Chair, Co., 756 F.2d 1467, 1474 (10th Cir. 1985) (citing Fed.R.Civ.P. 56(e)). 12 If a defendant seeks summary judgment, it has an \"initial burden to show that there is an absence of evidence to support the nonmoving party's case.\" Munoz v. St. Mary-Corwin Hosp., 221 F.3d 1160, 1164 (10th Cir. 2000) (quoting Thomas v. IBM, 48 F.3d 478, 484 (10th Cir. 1995)) (internal quotations omitted). Upon meeting that burden, the plaintiff must \"identify specific facts that show the existence of a genuine issue of material fact.\" Id. (citations and internal quotations omitted). \"The party opposing the motion must present sufficient evidence in specific, factual form for a jury to return a verdict in that party's favor.\" Id. (citations and internal quotations omitted). The mere existence of a scintilla of evidence in support of the plaintiff's position is not sufficient; there must be evidence on which the fact finder could reasonably find for the plaintiff. See Anderson v. Liberty Lobby, Inc., 477 U.S. at 248. The non-moving party must \"go beyond the pleadings and by [his] own affidavits, or by the depositions, answers to interrogatories, and admissions on file, designate specific facts showing that there is a genuine issue for trial.\" Celotex Corp. v. Catrett, 477 U.S. at 324 (internal quotations omitted). Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an 2/16/25, 11:38 E.E.O.C. v. University of Phoenix, Inc., 505 F. Supp. 2d 1045 | Casetext Search + Citator 11/28 Id. at 322-23. \"In a response to a motion for summary judgment, a party cannot rest on ignorance of the facts, on speculation, or on suspicion and may not escape summary judgment in the mere hope *13 that something will turn up at trial.\" Conaway v. Smith, 853 F.2d 789, 794 (10th Cir. 1988). The non-moving party *1055 \"must do more than simply show that there is some metaphysical doubt as to the material facts.\" Biester v. Midwest Health Servs., Inc., 77 F.3d 1264, 1266 (10 Cir. 1996 court must look at the record in the light most favorable to the party opposing summary judgment.See Smith v. Denver Pub. Sch. Bd., No. 91-1285, 1994 651978, at *3 (10th Cir. November 18, 1994). element essential to that party's case, and on which that party will bear the burden of proof at trial. 13 1055 1. Quid Pro Quo . Section 703(a) of Title forbids an employer \"[i] to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's . . . sex.\" 42 U.S.C. \u00a7 2000e-2(a) (1). \"When a plaintiff proves that a tangible employment action resulted from a refusal to submit to a supervisor's sexual demands, he or she establishes that the employment decision itself constitutes a change in the terms and conditions of employment that is actionable under Title VII.\"Burlington Indus., Inc. v. Ellerth, 524 U.S. 742, 753-54 (1998). Tangible employment actions are those employment actions that constitute significant changes in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits. See id. at 761. \"The gravamen of a quid pro quo claim is that a tangible job benefit or privilege is conditioned on an employee's submission to sexual blackmail and that adverse consequences follow from the employee's refusal.\" Gary v. Long, 59 F.3d 1391, 1395 (D.C. Cir. 1995). An express statement from the harasser linking employment benefits to the plaintiff's submission to sexual advances is not *14 required. See Brandau v. State of Kansas, 968 F. Supp. 14 2/16/25, 11:38 E.E.O.C. v. University of Phoenix, Inc., 505 F. Supp. 2d 1045 | Casetext Search + Citator 12/28 1416, 1421 (D. Kan. 1997). The harasser and the harassed also need not have reached agreement as to the consequences of the employee's refusal to submit to sexual advances. See id. For Title purposes, a supervisor's tangible employment action is an act of the employer. Burlington Indus., Inc. v. Ellerth, 524 U.S. at 762. 2. Hostile Environment . \"Quid pro quo harassment occurs when submission to sexual conduct is made a condition of concrete employment benefits. Alternatively, hostile work environment harassment arises when sexual conduct `has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.'\" Hicks v. Gates Rubber Co., 833 F.2d 1406, 1413 (10th Cir. 1987) (internal citations omitted) (quoting Meritor Sav. Bank v. Vinson, 477 U.S. 57, 65 (1986)). For a hostile environment claim to survive a motion for summary judgment, a plaintiff must demonstrate that a rational jury could find that the workplace was permeated with discriminatory intimidation, ridicule, and insult, that \"is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment.\" Zisumbo v. McCleodUSA Telecomm. Servs., Inc., 154 Fed. Appx. 715, 725-26 (10th Cir. 2005) (internal quotations omitted) (quotingMacKenzie v. City County of Denver, 414 F.3d 1266, 1280 (10th Cir. 2005)). See O'Shea v. Yellow Tech. Servs., Inc., 185 F.3d 1093, 1097 (10th Cir. 1999) (noting that \"the severity and persuasiveness evaluation is particularly unsuited for summary judgment because it is quintessentially a question of fact\"); *1056 Meritor Sav. Bank v. Vinson, 477 U.S. at 68, 106 S.Ct. 2399 (noting that the gravamen of any sexual harassment claim is that the alleged sexual advances were unwelcome, and that whether particular conduct was unwelcome presents difficult credibility determinations committed to the trier of fact). \"Severity and pervasiveness are evaluated *15 according to the totality of the circumstances, considering such factors as the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee's work performance.\" Zisumbo v. McCleodUSA Telecomm. Servs., Inc., 154 Fed. Appx. at 725-26 (internal quotations omitted) (quoting Chavez v. New Mexico, 397 F.3d 826, 832 (10th Cir. 1056 15 2/16/25, 11:38 E.E.O.C. v. University of Phoenix, Inc., 505 F. Supp. 2d 1045 | Casetext Search + Citator 13/28 2005)). Impact on an employee's psychological well-being is relevant to determining whether the plaintiff actually found an environment hostile. See Harris v. Forklift Sys., Inc., 510 U.S. 17, 23 (1993). The relevant test is a disjunctive one, requiring that the harassing conduct be sufficiently severe or sufficiently pervasive. See Smith v. Nw. Fin. Acceptance, Inc., 129 F.3d 1408, 1413 (10th Cir. 1997). With respect to severity, a plaintiff must first show that he or she believes that the conduct experienced was so severe that it created an abusive or hostile environment.See id. Second, the plaintiff must demonstrate that the harassing conduct was sufficiently severe that a reasonable person would find the work environment abusive or hostile. See id. With regard to pervasiveness, \"isolated incidents of harassment, while inappropriate and boorish, do not constitute pervasive conduct.\"Id. at 1415. In this context, the word \"pervasive\" is not a counting measure; the number, sequence, and timing of the conduct, and the nuances of an environment that each instance of discriminatory behavior imposes are also important factors. See id. Incidents of harassment directed at employees other than the plaintiff can be used as proof of the plaintiff's hostile work environment claim. See Hicks v. Gates Rubber Co., 833F.2d at 1415. An employer is subject to vicarious liability to a victimized employee for a supervisor's creation of an actionable hostile environment, if the supervisor has immediate or successively higher authority over the employee. See Faragher v. City of Boca Raton, 524 U.S. 775, 807 (1998). *16 3. Affirmative Defense . 16 Pursuant to Faragher v. City of Boca Raton and Burlington Industries, Inc. v. Ellerth, a defending employer may raise an affirmative defense to liability for damages, subject to proof by a preponderance of the evidence. See Faragher v. City of Boca Raton, 524 U.S. at 807; Burlington Indus., Inc. v. Ellerth, 524 U.S. at 765. The Faragher/Ellerth defense comprises two necessary elements: (i) that the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior; and (ii) that the plaintiff employee unreasonably failed to take advantage of any employer provided preventive or corrective opportunities or to avoid harm otherwise. See Faragher v. City of Boca Raton, 524 U.S. at 807; Burlington 2/16/25, 11:38 E.E.O.C. v. University of Phoenix, Inc., 505 F. Supp. 2d 1045 | Casetext Search + Citator 14/28 Faragher v. City of Boca Raton, 524 U.S. at 807; Burlington Indus., Inc. v. Ellerth 524 U.S. at 765. The affirmative defense is not available to an employer that has taken an adverse tangible employment action against the plaintiff-employee. See Faragher v. City of Boca Raton, 524 U.S. at 807; Burlington Indus., Inc. v. Ellerth 524 U.S. at 765. Indus., Inc. v. Ellerth 524 U.S. at 765; Dees v. Johnson Controls World Servs., Inc., 168 F.3d 417, 422 (10th Cir. 1999). While proof that an employer had promulgated an antiharassment policy with complaint procedure is not necessary in every instance as a matter of law, the need for a stated policy suitable to the employment circumstances may appropriately be addressed in any case when *1057 litigating the first element of the defense. And while proof that an employee failed to fulfill the corresponding obligation of reasonable care to avoid harm is not limited to showing an unreasonable failure to use any complaint procedure provided by the employer, a demonstration of such failure will normally suffice to satisfy the employer's burden under the second element of the defense. 1057 To establish a case for retaliation, a plaintiff must show: \"[i] that he engaged in protected opposition to discrimination[;] [ii] that a reasonable employee would have found the challenged action *17 materially adverse[;] and [iii] that a causal connection existed between the protected activity and the materially adverse action.\" Argo v. Blue Cross Blue Shield of Kan., 452 F.3d 1193, 1202 (10th Cir. 2006). See O'Neal v. Ferguson Constr. Co., 237 F.3d 1248, 1252 (10th Cir. 2001 plaintiff may demonstrate a causal connection with evidence of circumstances that justify an inference of retaliatory motive, such as an adverse action following protected conduct. See O'Neal v. Ferguson Constr. Co., 237 F.3d at 1253 (quoting Burrus v. United Tel. Co. of Kan., 683 F.2d 339, 343 (10th Cir. 1982)). \"Unless there is very close temporal proximity between the protected activity and the retaliatory conduct, the plaintiff must offer additional evidence to establish causation.\" O'Neal v. Ferguson Constr. Co., 237 F.3d at 1253 (citing Conner v. Schnuck Mkts., Inc., 121 F.3d 1390, 1395 (10th Cir. 1997)). \"[A] one and one-half month period 17 2/16/25, 11:38 E.E.O.C. v. University of Phoenix, Inc., 505 F. Supp. 2d 1045 | Casetext Search + Citator 15/28 between protected activity and adverse action may, by itself, establish causation.\" O'Neal v. Ferguson Constr. Co., 237 F.3d at 1253 (quoting Anderson v. Coors Brewing Co., 181 F.3d 1171, 1179 (10th Cir. 1999 The following elements must be proven to establish a claim of intentional infliction of emotional distress: \"[i] the conduct in question was extreme and outrageous; [ii] the conduct of the defendant was intentional or in reckless disregard of the plaintiff; [iii] the plaintiff's mental distress was extreme and severe; and [iv] there is a causal connection between the defendant's conduct and the claimant's mental distress.\" Trujillo v. N. Rio Arriba Elec. Coop, Inc., 2002-NMSC-004, at \u00b6 25. For purposes of the tort of intentional infliction of emotional distress, New Mexico law adopts the Restatement Second of Torts' definition of extreme and outrageous conduct. See id. According to the Restatement, extreme and outrageous conduct is that which is \"so outrageous in character, and *18 so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.\" Restatement Second of Torts \u00a7 46 cmt. d. See U.J.I. 13-1628 N.M.R.A. 2001 (\"Extreme and outrageous conduct is that which goes beyond bounds of common decency and is atrocious and intolerable to the ordinary person.\"). \"Extreme and severe emotional distress means that a reasonable person, normally constituted, would be unable to cope adequately with the mental distress engendered by the circumstances.\"Trujillo *1058 v. N. Rio Arriba Elec. Coop, Inc., 2002-NMSC-004, at \u00b6 28. \"The law intervenes only where the distress is so severe that no reasonable person could be expected to endure it.\" Id. (quoting Restatement Second of Torts \u00a7 46 cmt. j.). The extreme and severe emotional distress element of intentional infliction of emotional distress was not met, for example, where a plaintiff felt \"lousy,\" was depressed, was prescribed Prozac, slept long hours, and displayed erratic eating habits.Trujillo v. N. Rio Arriba Elec. Coop, Inc., 2002-NMSC-004, at \u00b6 28. 18 1058 2/16/25, 11:38 E.E.O.C. v. University of Phoenix, Inc., 505 F. Supp. 2d 1045 | Casetext Search + Citator 16/28 Id. See Chavez v. Thomas Betts Corp., 396 F.3d 1088, 1099 (10th Cir. 2005) (applying New Mexico law and finding evidence sufficient to support a negligent supervision claim where plaintiff *19 repeatedly complained to management about her supervisor's harassment An entity may be held liable in tort for negligent supervision of an employee even though it is not responsible for the wrongful acts of the employee under the doctrine of respondeat superior.See Los Ranchitos v. Tierra Grande, Inc., 116 N.M. 222, 228, 861 P.2d 263, 269 (Ct.App. 1993). The proper standard for determining whether an employer should be held liable for negligent supervision or retention of an employee does not require proof of actual knowledge of the employee's lack of skills or unfitness to perform such work, but whether the employer knew or reasonably should have known that some harm might be caused by the acts or omissions of the employee who is entrusted with such position. 19 Under Title VII, punitive damages are available if a plaintiff proves that an employer engaged in intentional discrimination \"with malice or with reckless indifference to the federally protected rights of an aggrieved individual.\" Id. at 1097 (quoting 42 U.S.C. \u00a7 1981a(b)(1)). \"`Malice' and `reckless indifference' in this context refer not to the egregiousness of the employer's conduct, but rather to the employer's knowledge that it may be acting in violation of federal law.\" Deters v. Equifax Credit Info. Servs., Inc., 202 F.3d 1262, 1269 (10th Cir. 2000) (citing Kolstad v. Am. Dental Ass'n, 527 U.S. 526 (1999)). Malice and recklessness are to be inferred when a manager responsible for setting or enforcing policy with regard to discrimination does not respond to complaints, despite knowledge of serious harassment. See Deters v. Equifax Credit Info. Servs., Inc., 202 F.3d at 1269. Employer malice and recklessness in failing to remedy or prevent sexual harassment of which management-level employees knew or should have 2/16/25, 11:38 E.E.O.C. v. University of Phoenix, Inc., 505 F. Supp. 2d 1045 | Casetext Search + Citator 17/28 known is premised on direct liability, not derivative liability. See id. at 1270. The relevant inquiry is whether the employer had actual or constructive knowledge of the harassment, and whether its response was adequate. See id. \"When a company specifically designates a particular employee within the company as a final person responsible for enforcing that company's policy against discrimination, then by the company's own designation, information provided to such an employee is knowledge to the company.\" Id. at 1270-71. An employer cannot be held vicariously liable for punitive damages for the acts of a managerial employee, however, if the managerial employee's actions were *1059 contrary to the employer's good-faith efforts to comply with Title VII. See Cadena v. Pacesetter Corp., 224 F.3d 1203, 1210 *20 (10th Cir. 2000). At a minimum, to qualify for the good-faith punitive damages exclusion, an employer must at least adopt anti-discrimination policies, make a good faith effort to educate its employees about those policies and statutory prohibitions, and make good faith efforts to enforce anti- discrimination policies and laws. See id. (\"[E]ven if an employer adduces evidence showing it maintains a strong non-discrimination policy and makes good faith efforts to educate its employees about that policy and Title VII, a plaintiff may still recover punitive damages if she demonstrates the employer failed to adequately address Title violations of which it was aware.\"). 1059 20 With respect to negligent supervision, an award of punitive damages \"is permissible upon a finding that the wrongdoer's conduct was willful, wanton, malicious, reckless, oppressive, grossly negligent, or fraudulent and in bad faith.\" Chavez v. Thomas Betts Corp., 396 F.3d at 1100 (quoting Nieto v. Kapoor, 268 F.3d 1208, 1222 (10th Cir. 2001)). To demonstrate recklessness, a defendant must have acted intentionally and \"with utter indifference to the consequences of its conduct.\" Chavez v. Thomas Betts Corp., 396 F.3d at 1100 (quoting Gonzales v. Surgidev Corp. 120 N.M. 133, 145, 899 P.2d 576, 588 (1995)) (finding evidence sufficient to show employer acted recklessly where it was presented that supervisors had been present during some harassing incidents and the plaintiff had complained about harassment to management). 2/16/25, 11:38 E.E.O.C. v. University of Phoenix, Inc., 505 F. Supp. 2d 1045 | Casetext Search + Citator 18/28 Because the Court finds that disputed issues of material fact preclude the granting of summary judgment on Grado's sexual harassment, retaliation, negligent supervision, and punitive damages claims, the Court will deny the University's motion with respect to those claims. The Court also finds that material factual disputes prohibit the granting of summary judgment on both the University's and Grado's summary judgment requests concerning the Faragher/Ellerth defense. Accordingly, the *21 Court will deny the University's and Grado's motions insofar as they relate to that affirmative defense. Finally, the Court concludes that, viewing all of the relevant facts in the light most favorable to Grado, Grado has not established that she can satisfy the legal elements necessary to succeed on an intentional infliction of emotional distress claim. The Court will, therefore, grant the University's request for summary judgment on Grado's intentional infliction of emotional distress claim. 21 The Court concludes that summary judgment in favor of the University is not warranted on Grado's quid pro quo and hostile environment claims. The Court also concludes that it should not grant summary judgment to either the University or Grado on theFaragher/Ellerth defense. 1. Quid Pro Quo . The University moves for summary judgment on Grado'squid pro quo sexual harassment claim based upon the assertions that Grado does not have any evidence to support her contention that Ortiz conditioned her receiving the Financial Aid Counselor position on accepting his sexual overtures, and that the undisputed facts demonstrate that Ortiz was not involved with the Financial Aid Counselor hiring decision. See Summary Judgment Motion at 12-13. The Court believes, however, that there are genuine issues of material fact, which preclude granting the *1060 University summary judgment on this claim. 1060 Grado has presented evidence that Ortiz behaved inappropriately and made repeated sexual advances towards her before, after, and during their 2/16/25, 11:38 E.E.O.C. v. University of Phoenix, Inc., 505 F. Supp. 2d 1045 | Casetext Search + Citator 19/28 discussions about the Financial Aid Counselor position. See Grado Deposition at 51:25-52:7; id. at 55:13-17;id. at 74:11-15; id. at 78:12-24; id. at 79:1-3; id. at 81:19-25;id. at 86:10-24; id. at 89:14-19; id. at 196:1-3. Moreover, despite the University's argument that Armendariz and Martinez, and not Ortiz, made the Financial Aid *22 Counselor hiring decision, Grado has presented evidence that Ortiz had the final say in determining who would fill the position, see Russo Deposition, Vol. I, at 148:15-23, Snow-Armendariz Deposition at 133:18-22, that Ortiz interviewed her for the position, see Grado Deposition at 79:1-3, and that Ortiz asked her if she would like to go party, a request she refused, the day before the filling of the position was announced, see id. at 196:1-3. 22 Considering the inconsistencies in the record concerning the association between Ortiz' allegedly harassing behavior and his discussion of the Financial Aid Counselor position, the disputed contentions regarding Ortiz' level of involvement with filling the Financial Aid Counselor position, that an express statement from Ortiz linking employment benefits to Grado's submission to his sexual advances is not required, see Brandau v. Kansas, 968 F. Supp. at 1421, and that Ortiz and Grado need not have reached an agreement as to the consequences of her refusal to submit to his sexual advances, see id., the Court concludes that factual disputes precluding the granting of summary judgment exist. 2. Hostile Environment . The University contends that summary judgment is warranted because Grado's allegations do not meet the legal standard of severity or pervasiveness necessary to make out a hostile environment claim. See Summary Judgment Motion at 8. The Court, however, believes that Grado has presented evidence sufficient to survive a request for summary judgment on this claim. By including within her complaint a claim for hostile environment and presenting evidence that Ortiz' conduct made her uncomfortable, upset, and led her to ask Russo if she should be concerned about sexual harassment, see Grado Deposition at 60:20-25, id. at 68:11-23, Russo Deposition, Vol. I, at 12:20-13:2, Grado established that she believed Ortiz' conduct towards her was severe enough to *23 create a hostile environment, see Smith v. Nw. Fin. Acceptance, Inc., 129 F.3d at 1413 (stating 23 2/16/25, 11:38 E.E.O.C. v. University of Phoenix, Inc., 505 F. Supp. 2d 1045 | Casetext Search + Citator 20/28 that, to establish severity, a plaintiff first must show that, subjectively, the complained of behavior created a hostile environment). Grado has also produced evidence that could lead a reasonable person to believe that Ortiz created a hostile work environment. See id. (holding that, to establish severity, a plaintiff must, secondarily, demonstrate that the harassing conduct was sufficiently severe to create an objectively hostile environment). Grado presented evidence that Ortiz asked her sexual questions, see E-mail from Loretta Rodriguez to April Harper, constantly called her work phone and visited her cubicle, see id., asked her if she thought he was good looking, see Grado Deposition at 55:13-17, asked her to leave the building with him, see id. at 74:11-15, asked her when she was going to give in, see id. at 86:10-24, asked her to party with him, see E-mail from Loretta Rodriguez to April Harper, ran his fingers through her hair, see Grado Deposition at 51:25-52:7, and tried to kiss her,see id. at 89:14-19. Grado, moreover, has presented evidence that Ortiz' conduct was pervasive; Grado testified that Ortiz' conduct essentially spanned the duration of her employment *1061 at the Santa Teresa campus. See id. at 66:13-18;id. at 196:1- 3. While the University contends that Grado did not notify it of much of this alleged behavior, Grado represents that she notified Russo, and thus effectively the University, of Ortiz' behavior towards her. See at 60:1-61:18; id. at 66:13-69:3; id. at 84:14-85:7. Based on the foregoing, the Court finds that there are relevant issues of material fact regarding whether Ortiz' behavior towards Grado was severe and pervasive, and when and what Grado reported to Russo, that prevent the Court from granting the University summary judgment on the hostile work environment claim. *24 3. Affirmative Defense . 1061 24 Both the University and Grado move for summary judgment on theFaragher/Ellerth defense. That affirmative defense to sexual harassment claims comprises two necessary elements: (i) that the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior; and (ii) that the plaintiff employee unreasonably failed to take advantage of any employer provided preventive or corrective opportunities or to avoid harm otherwise. See Faragher v. City of Boca Raton, 524 U.S. at 807; Burlington Indus., Inc. v. Ellerth, 524 U.S. at 765. With respect to the first element, the University presents evidence that it immediately 2/16/25, 11:38 E.E.O.C. v. University of Phoenix, Inc., 505 F. Supp. 2d 1045 | Casetext Search + Citator 21/28 responded to the February 10, 2004 anonymous complaint raising issues about Ortiz. See Harper Deposition at 83:1-84:9. The University also presents evidence that Grado failed to avail herself of any corrective opportunities \u2014 the University maintains that Grado reported Ortiz' conduct only once each to Russo and Snow-Armendariz before the University began its investigation into the February 10, 2004 complaint, and that Grado told Russo and Snow-Armendariz only that Ortiz' called her work phone often, visited her cubicle frequently, and made her feel uncomfortable. See Russo Deposition, Vol. II, at 98:18-99:25; id. at 102:3-22; Snow-Armendariz Deposition at 127:14-129:6; id. at 171:13-25. Grado, however, presents evidence that Russo was informed numerous times about various incidents involving Ortiz' inappropriate sexually harassing conduct towards her. See Grado Deposition at 60:1-61:18; id. at 66:13-68:25; id. at 84:14-85:7; Camp Deposition, Vol. I, at 232:6-9. Indeed, Russo testified that Grado may have complained to him about Ortiz as many as twenty times. See Russo Deposition, Vol II, at 79:23-80:2. The Court believes that whether the Faragher/Ellerth defense applies depends, in large part, on when and to what extent Grado reported Ortiz' harassing behavior to Russo; the Court believes that facts concerning communications between Grado and *25 Russo about Ortiz may determine whether the two Faragher/Ellerth elements are met in this case. 25 Further, the Court notes that theFaragher/Ellerth defense is not available where a tangible adverse employment action was taken against the plaintiff- employee. See Faragher v. City of Boca Raton, 524 U.S. at 807; Burlington Indus., Inc. v. Ellerth, 524 U.S. at 765. Grado submits that her not being hired for the Financial Aid Counselor position constituted a tangible adverse employment action. See Memorandum in Support of Plaintiff Loretta Grado's Motion for Partial Summary Judgment at 5-6, filed August 8, 2006 (Doc. 67). The University maintains, however, that Ortiz had nothing to do with filling the Financial Aid Counselor position. See Summary Judgment Motion at 14-15. As discussed above, Ortiz' role in the hiring decision for that position in unclear. Given the material factual disputes *1062 that the parties raise with regard to Grado's reports to Russo and whether Grado's not being elevated to the Financial Aid Counselor position was a tangible 1062 2/16/25, 11:38 E.E.O.C. v. University of Phoenix, Inc., 505 F. Supp. 2d 1045 | Casetext Search + Citator 22/28 adverse employment action, the Court concludes that summary judgment is not warranted on the Faragher/Ellerth issue The Court will not grant the University summary judgment on Grado's retaliation claim. The University argues that Armendariz and Martinez, not Ortiz, decided who to hire for the Financial Aid Counselor position. See Summary Judgment Motion at 16. The University also contends that Grado cannot establish a causal link between her complaints and her not receiving the promotion to the Financial Aid Counselor position. See id. Grado raises disputed issues of material fact, however, concerning whether Ortiz had the final say in who would receive the Financial Aid Counselor position, see Russo Deposition, Vol I, at 148:15-23, Snow-Armendariz Deposition at 133:18- 22, regarding her engaging in protected conduct \u2014 denying an invitation from Ortiz to party \u2014 the day *26 before the filling of the position was announced, see Grado Deposition at 196:1-3, and respecting whether Ortiz took the adverse employment action \u2014 not promoting Grado to the Financial Aid Counselor position \u2014 against her because she refused his invitation and advances, see id. The Court notes that a plaintiff can demonstrate the requisite causal connection by showing a very close proximity between the protected activity and the retaliatory conduct. See O'Neal v. Ferguson Constr. Co., 237 F.3d at 1253. 26 Given the disputed facts concerning Ortiz' involvement with filling the Financial Aid Counselor position, and considering Grado's contention that she engaged in protected activity by refusing Ortiz' invitation and that the announcement that someone else would be filling the position came the day after the protected refusal, the Court concludes that judgment as a matter of law is not warranted with respect to Grado's retaliation claim The Court will grant the University summary judgment on Grado's intentional infliction of emotional distress claim. To prevail on a claim for intentional infliction of emotional distress, a plaintiff must demonstrate 2/16/25, 11:38 E.E.O.C. v. University of Phoenix, Inc., 505 F. Supp. 2d 1045 | Casetext Search + Citator 23/28 that he or she suffered extreme and severe mental illness. See Trujillo v. N. Rio Arriba Elec. Coop, Inc., 2002-NMSC-004, at \u00b6 25. \"Extreme and severe emotional distress means that a reasonable person, normally constituted, would be unable to cope adequately with the mental distress engendered by the circumstances.\" Id. at \u00b6 28. The Court finds that, even taking all of the relevant facts in the light most favorable to Grado, Grado has not presented evidence of extreme and severe emotional distress. The evidence Grado presents with regard to her intentional infliction of emotional distress claim does not create a genuine issue of material fact precluding the granting of judgment as a matter of law. Grado asserts that *27 Ortiz' behavior towards her made her feel like vomiting, caused her to have between five and ten nightmares, caused her to lose sleep, led her to seek medical assistance, led her to take some sample medications her physician provided, and prevented her from caring for her children for a month, because she was too tired and emotionally distracted to do so. See Grado Deposition at 60:20-25; id. at 218:3-221:25; id. at 227:20- 228:25. 27 The Court finds that those facts are insufficient to meet the high standard necessary to establish the extreme and severe *1063 element under New Mexico law. See Dominguez v. Stone, 97 N.M. 211, 214, 638 P.2d 423, 426 (Ct.App. 1981) (\"Emotional distress . . . includes all highly unpleasant mental reactions, such as . . . horror, . . . humiliation, embarrassment, . . . and nausea. It is only where it is extreme that the liability arises. . . . The law intervenes only where the distress inflicted is so severe that no reasonable person could be expected to endure it.\") (quoting Restatement Second of Torts \u00a7 46, cmt. j). In Trujillo v. N. Rio Arriba Elec. Coop, Inc., the plaintiff presented evidence that he had suffered distress similar to that of which Grado complains. The plaintiff inTrujillo presented evidence that he felt \"lousy,\" was depressed, was prescribed Prozac, slept long hours, and displayed erratic eating habits. See id., 2002-NMSC-004, at \u00b6 28. The New Mexico Supreme Court held that such evidence was insufficient to satisfy the extreme and severe emotional distress element of an intentional infliction of emotional distress claim. See id. Applying New Mexico precedent to this case, the Court finds that the evidence of distress Grado presents is similarly insufficient to meet the tort claim's extreme and severe 1063 2/16/25, 11:38 E.E.O.C. v. University of Phoenix, Inc., 505 F. Supp. 2d 1045 | Casetext Search + Citator 24/28 element. As such, the Court concludes that the University is entitled to summary judgment on Grado's intentional infliction of emotional distress claim. *28 28 The University contends that it is entitled to summary judgment on Grado's negligent supervision claim, because she cannot show that a genuine issue of material fact exists regarding whether Ortiz engaged in a wrongful act that injured her and because she cannot demonstrate that the University was negligent in supervising Ortiz. The Court disagrees. Grado has presented evidence raising issues of material fact concerning whether Ortiz' conduct was wrongful and injurious. Grado has presented evidence demonstrating that Ortiz violated her right to be free from discrimination and retaliation. See E-mail from Loretta Rodriguez to April Harper; Grado Deposition at 51:25-52:7; id. at 55:13-17; id. at 74:11-15; id. at 86:10-24;id. at 89:14-19; id. at 196:1-3. Further, Grado presented evidence that she frequently reported the extent of Ortiz' harassing behavior to Russo, see id. at 60:1-61:18; id. at 66:13-69:3; id. at 84:14-85:7, and the Court believes that such evidence raises issues of fact regarding the University's knowledge of Ortiz' unfitness to perform the job of campus administrator. The Court notes that a plaintiff-employee need only prove that the employer-defendant knew or reasonably should have known that an employee might cause some harm. See Chavez v. Thomas Betts Corp., 396 F.3d at 1099. Considering the foregoing, the Court concludes that Grado has raised genuine issues of material fact concerning the necessary elements of a negligent supervision claim and that summary judgment in favor of the University on that claim is inappropriate The Court disagrees with the University's contention that it is entitled to summary judgment on the issue of punitive damages plaintiff must establish malice or recklessness to recover punitive *29 damages on a Title claim. See Chavez v. Thomas Betts Corp., 396 F.3d at 1097. Malice and recklessness are to be inferred when a manager responsible for enforcing 29 2/16/25, 11:38 E.E.O.C. v. University of Phoenix, Inc., 505 F. Supp. 2d 1045 | Casetext Search + Citator 25/28 anti-discrimination policy does not respond to complaints, despite knowledge of serious harassment.See Deters v. Equifax Credit Info. Servs., Inc., 202 F.3d at 1269. Moreover, when a company specifically designates a particular employee as a final person responsible for enforcing the company's anti-discrimination policy, information provided to such an employee constitutes *1064 knowledge to the company. See id. at 1270-71. Further, the good-faith exception to punitive damages is not available if the employer failed to adequately address Title violations of which it was aware. See Cadena v. Pacesetter Corp., 224 F.3d at 1210. 1064 Grado has presented evidence that Russo was her direct supervisor, see Grado Deposition at 35:5-18, Snow-Armendariz Deposition at 69:17-24, that, by its own designation, the company defined Russo as a final person responsible for enforcing its anti-discrimination policy, see Discrimination and Harassment Policy, and that, on numerous occasions, she and Camp informed Russo about the nature and extent of Ortiz' sexually harassing behavior towards her, see 60:1-61:18; id. at 67:9-16; id. at 68:11-69:3; id. at 84:14-85:7; Camp Deposition, Vol. I, at 232:6-9. The Court believes that, as with several of the claims discussed above, the issue of punitive damages turns on what and when Grado told Russo about Ortiz' behavior. The Court finds that Grado has raised issues of material fact sufficient to survive the University's request for summary judgment on Title punitive damages. The Court reaches the same conclusion with regard to whether the University is entitled to summary judgment concerning punitive damages associated with Grado's negligent supervision claim. Grado may demonstrate that the University acted recklessly to recover punitive damages on her *30 negligent supervision claim. Because, as noted in the preceding paragraph, Grado has presented evidence raising material factual issues concerning the University's knowledge and whether its actions or omissions were reckless in the face of the knowledge it had, see Snow- Armendariz Deposition at 69:17-24, Grado Deposition at 35:5-18, id. at 60:1- 61:18; id. at 67:9-16; id. at 68:11-69:3; id. at 84:14-85:7; Camp Deposition, Vol. I, at 232:6-9, Discrimination and Harassment Policy, the Court will deny the University's request for summary judgment on this issue,see Chavez v. Thomas Betts Corp., 396 F.3d at 1100 (finding evidence sufficient to show employer acted recklessly where it was presented that supervisors had been 30 2/16/25, 11:38 E.E.O.C. v. University of Phoenix, Inc., 505 F. Supp. 2d 1045 | Casetext Search + Citator 26/28 present during some harassing incidents and the plaintiff had complained about harassment to management). Because the Court finds that Grado presented evidence that raises genuine issues of material fact with respect to her claims for sexual harassment, retaliation, negligent supervision, and punitive damages, the Court will deny the University's request for summary judgment on those claims. Because the Court further finds that both the University and Grado have submitted evidence demonstrating genuine factual issues with regard to theFaragher/Ellerth defense, the Court will deny their opposing motions for summary judgment on that affirmative defense issue. Finally, because the Court concludes that, viewing all of the relevant evidence in the light most favorable to Grado, Grado cannot establish the elements necessary to satisfy an intentional infliction of emotional distress claim, the Court will grant summery judgment to the University on that claim that the Defendant's Motion for Summary Judgment is granted in part and denied in part. Summary judgment is entered in the University's favor on Grado's intentional infliction of emotional distress claim. All of the other requests for summary judgment contained within the University's summary judgment motion are denied. The Court will also deny Plaintiff *31 Loretta Grado's Motion for Partial Summary Judgment. 31 *1065 1065 About us Jobs News Twitter Facebook LinkedIn 2/16/25, 11:38 E.E.O.C. v. University of Phoenix, Inc., 505 F. Supp. 2d 1045 | Casetext Search + Citator 27/28 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. 2/16/25, 11:38 E.E.O.C. v. University of Phoenix, Inc., 505 F. Supp. 2d 1045 | Casetext Search + Citator 28/28"} |
8,436 | Joel Elgin | University of Wisconsin - LaCrosse | [
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] | {"8436_101.pdf": "Find Resources Here Weather and News Apps b8b9-5e65-86ff-68b4e8b76c45.html art professor resigns after sexual harassment allegations By Kevin Millard Dec 10, 2019 By Kevin Millard CROSSE, Wis. (WXOW) - UW-La Crosse Chancellor Joe Gow said late Tuesday afternoon that art professor and former department chair Joel Elgin, who was the subject of an investigation involving sexual harassment, is leaving the university. Gow published a letter on the university's Facebook page stating that Elgin canceled a meeting he had with the chancellor Tuesday. Gow said it was Elgin's opportunity to respond to the investigation into reports of sexual harassment. Elgin's attorney 2/16/25, 11:39 art professor resigns after sexual harassment allegations | News | wxow.com 1/3 informed Gow of the cancellation of the meeting. Gow said in the letter that the investigative report was \"compelling enough to move the process of dismissing a faculty member to its next phase.\" Elgin was replaced in September as the art department head. An investigation was re-opened after a student came forward to say she'd been sexually molested by a university professor. The report was sent to Chancellor Gow on November 22. In the letter to students and staff at the university, Gow said as soon as he is legally able to do so, he'll share the report. Gow said Elgin has the opportunity, through the state's public records law, to try to block the release of the report. Gow also thanked the individuals who came forward to tell of their experiences with Elgin. He also apologized for what happened. \"On behalf of our university apologize to them for what they have been subject to think that once you read the investigative report you will understand why feel the way do Art Dept. chair on leave pending misconduct investigation RELATED: EXCLUSIVE: Students protest sexual misconduct response, Chancellor responds RELATED: Student accuses professor of sexual misconduct 2/16/25, 11:39 art professor resigns after sexual harassment allegations | News | wxow.com 2/3 Tags Joe Gow Joel Elgin Professor University Law Work Education Student Misconduct Art Letter to students and faculty at UW-La Crosse from Chancellor Joe Goe By Kevin Millard 2/16/25, 11:39 art professor resigns after sexual harassment allegations | News | wxow.com 3/3", "8436_102.pdf": "0\u00b0 Eau Claire Closings and Delays \uf00d \uf0c9 First Alert Forecast Healthcare Shutdown Community First \uf002 University of Wisconsin-La Crosse has announced an art professor and former department chair will be leaving after a sexual harassment investigation. Chancellor Joe Gow says Joel Elgin will no longer be employed at the university as he is leaving. UW-La Crosse confirmed that other students have come forward with similar allegations against the professor. Gow says they will share the completed investigative report once they are legally allowed to do so. Elgin was scheduled to meet with Gow and provide him with his required opportunity to respond to the investigation but Elgin cancelled that meeting, according to Gow. Most Read UW-La Crosse art professor leaving after sexual harassment investigation (WEAU) By Annemarie Payson Published: Dec. 10, 2019 at 5:18 \uf144 Applications open for five homes from Habitat for Humanity \uf144 Motorist arrested for discharging firearm multiple times from his vehicle 2/16/25, 11:39 UW-La Crosse art professor leaving after sexual harassment investigation 1/4 Latest News Woman arrested for 1st offense with two kids in the car \uf144 7-year-old survivor of murder-suicide fighting for her life after being shot in the head Attorney General Josh Kaul Issues Statement in Case Involving DOGE\u2019s Access to Confidential Treasury Data Reports: JCPenney to close stores nationwide. Here\u2019s the list Police arrest man in Neillsville following garage fire releases Girls Basketball Tournament brackets 2/16/25, 11:39 UW-La Crosse art professor leaving after sexual harassment investigation 2/4 13 First Alert Weather @ 10: Frigid temps and wind chills bring dangerously cold weather (2-16-25) \uf144 Altoona Lions Club hosts two-day fishing classic \uf144 2025 Winter wedding fair \uf144 Warming shelter in La Crosse viz \uf144 \uf144 13 First Alert: Frigid temperatures and wind chills bring dangerous cold this week No one hurt after house fire in Onalaska 13 First Alert Web Weather: Snow now a distant memory (2-16-25) \uf144 Woman arrested for 1st offense with two kids in the car 2/16/25, 11:39 UW-La Crosse art professor leaving after sexual harassment investigation 3/4 Public Inspection File publicfile@weau.com - (715) 835-1313 Terms of Service Privacy Policy Statement Applications Advertising Digital Marketing Closed Captioning/Audio Description At Gray, our journalists report, write, edit and produce the news content that informs the communities we serve. Click here to learn more about our approach to artificial intelligence Gray Local Media Station \u00a9 2002-2025 News First Alert Forecast SportScene 13 Hello Wisconsin Community First Contests Morning Connection Contact Us 1907 S. Hastings Way Eau Claire 54701 (715) 835-1313 2/16/25, 11:39 UW-La Crosse art professor leaving after sexual harassment investigation 4/4", "8436_103.pdf": "in-response-to-sexual-harassment-investigation/article_f80ad346-a98b-543f-8e16-b45553f55a9c.html Former professor\u2019s attorney releases statement in response to sexual harassment investigation By Tyler Job Dec 12, 2019 The investigation regarding former UW-La Crosse art professor Joel Elgin who is accused of sexually harassing a student is now closed Chancellor Joe Gow announced Tuesday that Elgin was resigning instead of responding to the allegations detailed in an investigative report. Elgin\u2019s attorney released a statement Wednesday telling his side of the story. In it, Elgin, denies any wrongdoing. 2/16/25, 11:39 Former professor\u2019s attorney releases statement in response to sexual harassment investigation | La Crosse | news8000.com 1/4 The statement says in his 20-plus years at the university, he\u2019s consistently had glowing reviews and \u201cnow, just one student, along with her minions, has \u201ccancelled\u201d Professor Elgin, his career and his reputation.\u201d The allegations against Elgin resurfaced in September. That\u2019s when a student made a public Facebook post claiming Elgin sexually harassed her in a locked closet in what she thought was a private drawing lesson. The student said the incident happened to her a few years ago, during her freshman year. She said she didn\u2019t report it to university human resources until the Fall of 2018. They told her they would update her on the investigation into her complaint by the summer of 2019, but when she hadn\u2019t heard anything, she wrote the Facebook post. In her post, she says, \u201cHe made comments about my body and then took his hand and began to lift up my shirt stopped him felt like was in a bad dream and was so uncomfortable didn\u2019t know what to do.\u201d Powered by Cuba City man arrested, facing potential charges of recklessly 4 2/16/25, 11:39 Former professor\u2019s attorney releases statement in response to sexual harassment investigation | La Crosse | news8000.com 2/4 New information came to light after the student\u2019s post, which prompted university chancellor Joe Gow to re-open the investigation. Soon after, Elgin was placed on paid leave. During the investigation senior Kendra Whelan regularly protested on campus by herself about the university\u2019s handling of the situation. In light of Elgin leaving, Whelan said can think of no reason for us to be unable to move forward as a community besides stonewalling or a refusal to take this seriously hope that will not be the case. However am looking forward to Chancellor Gow\u2019s forum, in which we can hopefully start to really collaborate on improving reporting and support structures for survivors of gender and sexual violence.\u201d The investigation into Elgin closed last month. Gow said Elgin got a copy of the report towards the end of last month. The two were supposed to have a meeting Tuesday, but Elgin cancelled it through his lawyer. Elgin\u2019s lawyer released this statement today: \u201cProfessor Joel Elgin served the University of Wisconsin-La Crosse for over twenty (20) years teaching thousands of students. Ninety-nine-point nine percent (99.9%) of those students had no complaints about Professor Elgin or his teaching methods. Indeed, Professor Elgin consistently received glowing reviews from his art students. Now, just one student, along with her minions, has \u201ccancelled\u201d Professor Elgin, his career and his reputation. This student continued to take classes from Professor Elgin after the alleged incident (which allegedly happened four (4) years before her complaint) despite the availability of other art professors and other art classes. During that time, Professor Elgin had no power over her or her grades in other courses. The University\u2019s initial response to the complaint was to investigate. It did so and found that there was no evidence to support her claim. However, this student was unhappy about the response and so, another investigation began. Professor Elgin participated by spending several hours answering questions and claims asked by the University investigators, who were not independent. Despite his complete cooperation, most of Professor Elgin\u2019s responses were ignored and not included in the report to Chancellor Gow. The report is anything but fair, balanced and independent. Professor Elgin was prepared to talk with Chancellor Gow and to go to a University faculty tribunal to address the student\u2019s charges when the University system\u2019s attorney advised that Professor 2/16/25, 11:39 Former professor\u2019s attorney releases statement in response to sexual harassment investigation | La Crosse | news8000.com 3/4 Elgin\u2019s accumulated sick leave was at risk. That accumulated sick leave could be used to purchase health care coverage upon retirement and was worth thousands of dollars. Despite Professor Elgin\u2019s desire to clear his name and reputation, he could not put his family\u2019s economic future at risk. Thus, he decided to retire. Meeting with Chancellor Gow would have been pointless. Professor Elgin was not afraid to meet with him as Chancellor Gow implied in his email to students. Nor was he afraid to go to a hearing. The vast majority of Professor Elgin\u2019s past and current students stand behind him. Unfortunately, they are afraid to say anything publicly in case they get \u201ccancelled\u201d too. The \u201ccancel culture\u201d is so robust that at least one student was heard declaring that she would lie to get an \u201cabuser\u201d out of the University. This incident has been reported to the University. The question has to be asked, though: how many other students feel the same way faculty should be afraid, very afraid student could make a bogus claim at anytime and, unless you have video, the deck is stacked against you. The University appears to want fairness but, in the end, it will cave to a persistent complainant and/or threaten to eliminate economic benefits that were earned from years of work. While complaints of sexual misconduct should be investigated thoroughly, the credibility of the alleged harasser and the complainant should be considered. That wasn\u2019t done in this case. And it probably won\u2019t be done in the future.\u201d News 8 did reach out to the student who made the allegations against professor Elgin. She was unavailable for comment without first talking with her attorneys. Get your weather forecast from people that actually live in your community. We update with short, easy-to-use video forecasts you can watch on your phone every day. Download the iOS or Android app here 2023 8000 REDISTRIBUTED. 2/16/25, 11:39 Former professor\u2019s attorney releases statement in response to sexual harassment investigation | La Crosse | news8000.com 4/4", "8436_104.pdf": "Bylaws Advertising \uf002 \uf39e \uf16d\ue61b\uf0e1 Sunday, Feb. 16, 2025 News Sports Opinion Letter To The Editor Photo Series Humans Of About Newsletter Send Us Tip Report Sexual Misconduct To Report Hate/Bias To \uf086 \uf39e \ue61b \uf0e0 \uf02f Photo retrieved from uwlax.edu Former professor Joel Elgin\u2019s lawyer releases statement regarding system investigation Sam Stroozas, Executive Editor January 26, 2020 Reading Time 9 mins On Sept. 4, 2019, University of Wisconsin-La Crosse student Caycee Bean posted on social media accusing former professor, Joel Elgin, of sexual misconduct. In the Spring of 2015 Bean filed a report against Elgin but the investigation was closed. In the Fall of 2019, the investigation was re-opened and system services lead the investigation. Their findings were presented to Chancellor Gow in November and were made public on Jan. 22. In the investigation, other students came forward and shared experiences similar to Beans. Elgin retired from on Jan. 1, 2020. Elgin\u2019s lawyer, Cheryl Gill, released a statement regarding the system investigation and the conclusion that Elgin was found guilty of sexual harassment. Elgin denies all claims of sexual harassment 11/18/19* \u201cProfessor Elgin denies any claim of sexual harassment. Professor Elgin retired on January 1, 2020. His twenty- four years of teaching includes numerous highlights 1 2 3 4 5 Trending Stories Meet the candidates: La Crosse\u2019s next mayor to be decided in 2025 Retired Capitol Police Officer present on Jan. 6 speaks in La Crosse The spring primary: Why vote in local elections? Student Association hosts State Representative Jill Billings, hears sustainability updates athletes fear 'employee' status will undermine college sports \u2014and their future \uf086 \uf39e \ue61b \uf0e0 \uf02f four years of teaching includes numerous highlights including: Selected as UWL\u2019s Teaching Scholar for the 2007-08 University of Wisconsin System Teaching Scholar Program and nominated by for the 2018 Wisconsin Academy of Science and Letters 2018 Fellows Award. His SEI\u2019s and Rate my Professor numbers and comments place him among the top performers at the university. His personal file is spotless, it contains no complaints. Professor Elgin is a classically trained figurative artist. His artwork has been featured internationally. As a figurative artist he teaches students to draw using the human figure as a model. He teaches students to draw by drawing themselves. As detailed in the initial report, on June 21, 2019 the student concern involving an incident four years previous (spring 15) was dismissed in a meeting with Nizam Arain, and Dean Vogt. Chief Human Resources Officer Director John Acardo chose not to attend the meeting. Professor Elgin was assured this concern was complete, the matter had been reviewed and the Title 9 team had made the decision to look no further. Professor Elgin, Nizam Arain and Kim Vogt. discussed a number of situations where instruction in the arts might be potentially problematic. Nizam Arain mentioned it can be the same in Chemistry. Professor Elgin suggested he research and develop guidelines for making the art department a safer environment for students, models and faculty and Arain agreed to work with him. Initial work was completed by Elgin, reviewed by Arain. Elgin, as Department Chair was in the process of setting up an Art Department task force to finalize the procedures when he was placed on administrative leave. At the conclusion of the meeting, Professor Elgin asked that the student be contacted and was assured she would. Professor Elgin wished her to know he was sorry for any interaction that might make her feel uncomfortable. The Title Team failed to contact the student until she approached them in early September. The Title team had not been in contact with the student since her initial \uf086 \uf39e \ue61b \uf0e0 \uf02f ad ot bee co tact t t e stude t s ce e t a concern March 7, 2019. As one investigator pointed out, had had arranged a mediation, this concern could have been resolved. After approaching on 9/4 2019, the student took her issue to Facebook/Social Media/ creating a firestorm of hate and bias on campus. The student\u2019s legal team and campus groups and campus administration continued to feed the fire on campus making an environment where due process was impossible. Bowing to social media, the administration corralled investigators from the University of Wisconsin\u2019s Shared Services. The Shared Services report from November 18, 2019 is not an impartial document. This \u201cinvestigation\u201d is not a legal matter. There is no actual proof to their findings. The investigators selectively included the information to support a case against Professor Elgin and ignored his testimony, as well as the numerous supportive statements and interviews from past, current students, parents and from faculty and staff. In the initial complaint from March, the student admitted to approaching Elgin for assistance with drawing. The report now claims, Elgin asked \u201d if she would like one-on- one drawing instruction\u201d. The investigators claim, Elgin led \u201cher into a room with a locked door\u201d There is no evidence of a locked door. Th ex-student \u201ccannot recall whether Elgin locked the door, or whether it locked automatically.\u201d The accusation that Elgin \u201clocked her in\u201d was a large part of the Facebook hysteria. There is no evidence that a door was locked or someone \u201cjiggled\u201d a doorknob. All the doors on that floor, in that building, lock from the outside automatically. However, anyone on the inside can freely and without a key, unlock the door. Though Professor Elgin corrected the investigators on a number of occasions, the report continually refers to the \u201csmall, paper room or the dark closet\u201d that was used for the tutorial. The room in question, 304 is larger than the typical Center for the Arts third floor office. At 12\u2019 by 15\u2019 \u2013 it is a paper closet or paper room; it is large enough \uf086 \uf39e \ue61b \uf0e0 \uf02f p p p p ; g g to function as a studio and storage for materials. It has a sink, refrigerator, microwave, studio lights, large drawing table and flat files. When Elgin conducts tutorials in the room he sits and draws with his back to the sink, students or models are between him and the two doors. Both doors open from the inside and open in. Again, anyone on the inside can freely and without a key, unlock the door and leave. The tutorial itself was fully explained to the investigators. It was emphasized that the tutorial is a mechanical method of teaching drawing. It is not sexual. The tutorial is used in all of Elgin\u2019s drawing classes and in shortened versions for studio hours. Professor Elgin offered office hour tutorials to all of his students. In those tutorials Professor Elgin used a classic method for teaching drawing\u2014Leonardo DaVinci\u2019s Vitruvian Man. This method, which is also known as \u201cThe proportions of the human body according to Vitruvius\u201d, requires the teacher to draw while explaining the theory of the proportions. One of the primary principles is: \u201cThen again, in the human body the central point is naturally the navel.\u201d It is clear that a discussion of the body is a requirement of the method and not a sexual comment. The report incorrectly states that Professor Elgin acted contrary to his usual behavior because he allowed students to take an upper level class without fulfilling the prerequisites and because he gave private drawing lessons. Neither was unusual. Numerous students could testify that he allowed them to take classes without taking prerequisites. This is an Art Department practice used by all faculty to assure enrollment. As previously noted, despite her claim of harassment, the student continued to take classes from Professor Elgin. After this allegedly happened, she took two more classes from Professor Elgin. There are many other professors in the department as well as adjunct professors. She did not have to take a class from Professor Elgin. \uf086 \uf39e \ue61b \uf0e0 \uf02f Following the extensive media and social media coverage, the investigators produced three outrageous accounts designed to blemish Professor Elgin\u2019s character. The three statements included by the investigators were obviously spawned by the Facebook frenzy. There are no sworn statements. The responses to the statements by Elgin and his attorney were ignored or adjusted to support the student\u2019 case. When corrected by Elgin and his attorney, the investigator removed an original statement from a 2005 student that states that Elgin would personally pay her \u201c35 dollars an hour in cash\u201d to model. By editing the original, the investigator, has removed an obvious mistruth. The $35 statement clearly reveals the 2005 student lacks the ability to accurately recall the events from 2005. Further the student was a sophomore, not a freshman when she took 104. She took the next level printmaking course 218 the next semester. Art 218 is not a higher-level printmaking course. She didn\u2019t need an override. Further, there was no \u201cpaper room\u201d in 2005. Room 304 was open and used as a workspace by printmaking students. The mention of locked doors and a knock on the \u201cpaper room\u201d door is a coached statement taken from the original student\u2019s concern. The report states the student suffered from broken trust. An email to Professor Elgin from the student sent in 2010 reveals the opposite: \u201c\u2026 How are you really hope this finds you in good health and smiles, you deserve it miss you, my sisters and brothers and the shop so much but everything from that room have kept close to my heart.\u201d The report includes a former anonymous student. The investigators again ignored the information provided by \uf086 \uf39e \ue61b \uf0e0 \uf02f est gato s aga g o ed t e o at o p o ded by Elgin and his attorney. The anonymous person claims to have audited Elgin\u2019s class. Professor Elgin rarely accepts audits, 1 audit in 2010, 1 audit in 2016, 1 audit in 2018 audits in 2013. As clearly stated to the investigators it is an absolute lie that Professor Elgin \u201ccaressed\u201d this mystery person. No evidence exists in Elgin\u2019s completely clean personnel file of any other complaints and certainly no evidence exists of him inappropriately touching a student in a sexual way. For the third time the investigators have included that in office hours students \u201cexpected to draw\u201d. As explained to the investigators and any student, in any office hour, Professor Elgin is the one who draws, and the student learns through watching and then later practices what is demonstrated. This is how art is learned. The report has neglected to include numerous key points in its statement from the two models. The University of Wisconsin-La Crosse has policy regarding the hiring of models in its art classes. Students are routinely told, by Professor Elgin and others, that, if they want to model for art classes, they have to sign up through the Art Department office. Students are put on a list of available models and are hired by the individual professors. The University pays them. Professor Elgin only hires models through that administrative system. Professor Elgin was contacted initially by one of the models in April 2016. In October of 2016, Professor Elgin was approached again and met with one of them. He described modeling and directed them to the Dept. to complete paperwork and discussed the optional practice of introducing/teaching modeling prior to their first session in front of a classroom since neither had been in an art class previously. The student agreed and an open morning was scheduled at a nonclass time. Both arrived on March 28, fully aware that they would model, and they would be paid for the modeling session. There is no \u201caudition\u201d to be a model. The modeling session was pre- scheduled and paid through art department funds. Models are free to model clothed, partially clothed or \uf086 \uf39e \ue61b \uf0e0 \uf02f nude CHOICE! Professor Elgin has never asked a model to remove clothing that they were uncomfortable removing. The purpose of the activities in the October 28 modeling session was to teach the practice of modeling. Professor Elgin has trained the majority of models in his tenure at UWL. The 2.5-hour session he conducted on October 28 was the actual length of time of a studio art class. He taught the models how to model using the exact time structure used in a class. He introduced the variety of pose lengths, used a variety of media and explained the media, including the use of photography. They were asked and agreed to the photography. The photographic work was deleted when one of the models decided not to become a university model. It is common standard practice to delete all photographic model work that is not exhibited. Further the investigator failed to include the fact that most recently in 2017, Elgin and another instructor trained a model in exactly the same, in exactly the same room using a draped table as the model stand, studio lights to create shadow. This room is not a dark closet. This room is appropriate for model work and it\u2019s a room that only Elgin schedules. The rooms that are on the third floor are not his to directly schedule. This was a scheduled, paid modelling session patterned after an actual class. This is not sexual. The student complaining about modeling for Professor Elgin continued to happily model for his classes. Again, why continue to put yourself in a supposedly uncomfortable situation when there are other professors? The statements from Williams and Shrestha are biased. As the senior member of the Department, it is Elgin\u2019s professional obligation to be critical of their performances and if need be, not be supportive of their promotions. (Shrestra left the university three years ago). If these vindictive accounts are included why aren\u2019t all \uf086 \uf39e \ue61b \uf0e0 \uf02f the positive accounts included? The Chancellor mentions miscommunication, or as he refers to it \u201chuman error\u201d; \u201cAs an institution, we acknowledge the university should have been more prompt in communicating the result of this investigation with the student and regret the negative impact this had on the student.\u201d The role of administrative \u201chuman error\u201d and the universities unwillingness to control the negative power of social media has violated due process and created a hostile negative learning environment across the campus. Professor Elgin has been forced to accept early retirement or face the loss of retirement benefits. He has lost a career and the university has lost one it\u2019s most respected and most popular professors. It is unfortunate that Professor Elgin has to use the media to make his case. In a courtroom, or other unbiased tribunal, Professor Elgin could have cross- examined these complainants and tested their conduct, memories and biases. As the esteemed law professor and jurist John Wigmore stated, \u201c cross-examination is \u201cbeyond any doubt the greatest legal engine ever invented for the discovery of truth.\u201d Likewise, these complainants could have done the same judge, trained and experienced in conducting a trial, would have been able to separate relevant from non-relevant information. If not a judge, then someone who, by appearance and fact, is unbiased. It appears that none of the players in this investigation can make that claim. In the future, the University should hire outside investigators who have no allegiance to an institution or person but, rather, to the truth.\u201d *The above statements are in no way a reflection of the beliefs of The Racquet Press. Leave a Comment \uf086 \uf39e \ue61b \uf0e0 \uf02f \u00a9 2025 Pro WordPress Theme by \u2022 Log in Year at UWL: Senior PGPs: She/Her/Hers Hometown: Hudson Major: English with an emphasis in Writing and Rhetoric, Communication Studies... Sam Stroozas, Executive Editor About the Writer The Racquet Press The student news source of the \u2026 Search \uf002 Bylaws Advertising \uf086 \uf39e \ue61b \uf0e0 \uf02f", "8436_105.pdf": "University of Wisconsin-La Crosse professor who was being investigated amid sexual harassment allegations is leaving the school UW-La Crosse Professor Accused Of Sexual Harassment Leaves University Joel Elgin Says He Resigned To Protect Retirement Benefits, Claims University Investigation Ignored His Response To Allegations 11, 2019 Listen \u2022 Students on the UW-La Crosse campus. Photo courtesy of UW-La Crosse Privacy - Terms Overnight Classics 2/16/25, 11:39 UW-La Crosse Professor Accused Of Sexual Harassment Leaves University 1/5 Chancellor Joe Gow announced that Joel Elgin, former Art Department chair, will no longer be employed by the university in an email to students and staff on Tuesday. Gow said Elgin canceled a meeting to respond to the recently completed investigation into the allegations against him. In a statement from his attorney on Wednesday, Elgin said he was not afraid to meet with Gow or respond to the investigation that he said is \u201canything but fair, balanced and independent.\u201d Stay informed on the latest news Sign up for WPR\u2019s email newsletter. Email Submit \u201cProfessor Elgin was prepared to talk with Chancellor Gow and to go to a University faculty tribunal to address the student\u2019s charges when the University system\u2019s attorney advised that Professor Elgin\u2019s accumulated sick leave was at risk. That accumulated sick leave could be used to purchase health care coverage upon retirement and was worth thousands of dollars. Despite Professor Elgin\u2019s desire to clear his name and reputation, he could not put his family\u2019s economic future at risk,\u201d said a statement from Elgin\u2019s attorney. Elgin had been on leave since September when a UW-La Crosse student accused him of sexual harassment in a public Facebook post. The student said Elgin asked her to remove some of her clothing and touched her during a private lesson. UW-La Crosse officials later confirmed that other people brought forward information about Elgin\u2019s conduct in response to the post. Overnight Classics 2/16/25, 11:39 UW-La Crosse Professor Accused Of Sexual Harassment Leaves University 2/5 The student who initially accused Elgin also said the university failed to take prompt action to protect her and other students. Gow said in the email that he plans to release the report from the investigation and hold an open forum to answer questions about it found (the report) to be thorough and compelling enough to move the process of dismissing a faculty member to its next phase firmly believe the testimony of the individuals interviewed by the investigators and thank them for their courage in coming forward to tell us about their experiences with Professor Elgin. On behalf of our university apologize to them for what they have been subject to think that once you read the investigative report you will understand why feel the way do,\u201d Gow said in the email to staff and students. Gow said he didn\u2019t know whether Elgin would attempt to block the report\u2019s release under state public records law. Elgin said in the statement that university investigators did not include most of his statements in their report. and faculty should be afraid of students making \u201ca bogus claim\u201d against them. \u201cThe University appears to want fairness but, in the end, it will cave to a persistent complainant and/or threaten to eliminate economic benefits that were earned from years of work. While complaints of sexual misconduct should be investigated thoroughly, the credibility of the alleged harasser and the complainant should be considered. That wasn\u2019t done in this case. And it probably won\u2019t be done in the future,\u201d Elgin said in the statement. Wisconsin Public Radio, \u00a9 Copyright 2025, Board of Regents of the University of Wisconsin System and Wisconsin Educational Communications Board. Related Stories Overnight Classics 2/16/25, 11:39 UW-La Crosse Professor Accused Of Sexual Harassment Leaves University 3/5 Joe Gow suing system New documents allege former UW-La Crosse Chancellor used university time, resources for porn Ex UW-La Crosse chancellor stripped of tenured position Ex UW-La Crosse chancellor argues to keep tenure after being fired for appearing in porn New UW-La Crosse chancellor focused on future, serving needs of the state Overnight Classics 2/16/25, 11:39 UW-La Crosse Professor Accused Of Sexual Harassment Leaves University 4/5 \u00a9 2025 by Wisconsin Public Radio, a service of the Wisconsin Educational Communications Board and the University of Wisconsin- Madison Overnight Classics 2/16/25, 11:39 UW-La Crosse Professor Accused Of Sexual Harassment Leaves University 5/5"} |
7,294 | William V. Harris | Columbia University | [
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] | {"7294_101.pdf": "An elderly professor who\u2019s been teaching at Columbia University for more than 50 years preyed on a female doctoral student and sexually harassed her for two years, a new lawsuit alleges. The now 29-year-old woman claims the harassment began when she was a graduate student in Esteemed Columbia professor accused of sexually harassing student By Lia Eustachewich Published Oct. 3, 2017, 11:48 a.m Richard Harbus chief offered $700 to \u2018best dressed\u2019 female underling \u2014 then retaliated against cop who refused to participate: suit 2/16/25, 11:40 Esteemed Columbia professor accused of sexually harassing student 1/4 2014, when William V. Harris, a celebrated history professor and longtime program director at the school, duped her into believing he was a trusted confidant, according to the Manhattan federal court complaint filed Monday. After inviting the woman to work for him, the then 75-year-old educator began coming onto her \u2014 inappropriately groping and kissing her in his office while pressuring her to have sex with him, the suit alleged. He also asked that she send him \u201csexually explicit emails.\u201d Harris, who specializes in ancient Greek and Roman history, allegedly told the woman that she was being \u201ctoo emotional\u201d when she complained about his unwanted passes. Things turned sour after the anonymous woman withdrew from her work with Harris, as well as from Columbia, during the 2015-16 school year to seek counseling for her extreme \u201cpsychological distress.\u201d That\u2019s when the geriatric professor began badmouthing her to other staffers and students, saying she dropped out without due cause. The woman, who still teaches at the Ivy League school, said Columbia was well aware of Harris\u2019 predatory behavior, which has been going on for \u201cdecades,\u201d but that the school turned a \u201cblind eye\u201d to it. She also claimed Harris targeted many other female students. \u201cWhen students have reported sexual harassment to Columbia\u2019s administrators, officers, and employees \u2026Columbia has shown deliberate indifference to their complaints,\u201d the suit said. In an email, Harris said he had no comment on the allegations. \u201cWe treat any claim of harassment or other gender-based misconduct in our community with the utmost seriousness, but we do not comment in the press on allegations made in legal complaints,\u201d Columbia said in a statement. \u201cColumbia pays lip service to the ideals of a safe campus,\u201d said David Sanford, one of the woman\u2019s lawyers. \u201cHowever, the institution has demonstrated deliberate indifference to complaints of sexual harassment. Jane Doe is now among the women harmed by Columbia University trustees\u2019 callous disregard for students\u2019 safety, psychological health, and emotional well being , 10/3/17 NWSL\u2019s sexual misconduct scandal costs league $5 million in \u2018landmark settlement\u2019 Justin Baldoni \u2018devastated financially and emotionally\u2019 by Blake Lively \u2018It Ends With Us\u2019 legal war: lawyer Mother of stabbed teen wants to confront son's alleged kil News Metro Long Island Politics World News 2/16/25, 11:40 Esteemed Columbia professor accused of sexually harassing student 2/4 \u00a9 2025 Holdings, Inc. All Rights Reserved Terms of Use Membership Terms Privacy Notice Sitemap Your California Privacy Rights 'White Lotus' Season 3 is finally here \u2014How to watch for free, release time Chevy Chase attends 50' special after slamming show \u2014 and nearly coming to blows with Bill Murray 2/16/25, 11:40 Esteemed Columbia professor accused of sexually harassing student 3/4 2/16/25, 11:40 Esteemed Columbia professor accused of sexually harassing student 4/4", "7294_102.pdf": "Tenured and Prominent Columbia University History Professor William V. Harris, Accused in Sanford Heisler Sharp Lawsuit of Sexual Harassment, Will Withdraw from Teaching and Advising Sanford Heisler Sharp Oct 31, 2017, 10:58 YORK, Oct. 31, 2017 /PRNewswire/ -- In the wake of a lawsuit alleging that tenured professor William V. Harris sexually harassed a female graduate student, Columbia University yesterday announced that Harris was withdrawing from teaching and all other student-related activities. Columbia's announcement came less than a month after Sanford Heisler Sharp, LLP, filed a Complaint on behalf of 29-year-old Plaintiff Jane Doe under the federal Title law and the New York City Human Rights Law. The suit, filed in U.S. District Court in the Southern District of New York, alleges that Professor Harris, now age 79, subjected Jane Doe to severe sexual harassment while Columbia University ignored her complaints. \"Professor Harris's sexual harassment of Jane Doe was not an isolated event,\" said David Sanford, counsel for the Plaintiff. \"Our evidence suggests that Columbia knew or should have known about Professor Harris's serial harassment of Columbia University students for decades and did nothing.\" \uf045 Professor Harris has been a member of the history faculty at Columbia since 1965, serving as the William R. Shepherd Professor of History since 1995. He is also the longtime director of the Center for the Ancient Mediterranean, a well-regarded interdisciplinary center of the institution. On Monday, October 30, students and faculty were notified that Harris \"has agreed with the University to withdraw from his teaching, advising and other student-related activities,\" according to an email signed by David B. Madigan, Dean of the Faculty of Arts and Sciences, and Carlos J. Alonso, Dean of the Graduate School of Arts and Sciences. \"We also want to take this opportunity to reiterate that Columbia must be a place where students and scholars are able to purse [sic] their academic work free from worry about harassment of any sort,\" wrote Madigan and Alonso. In 2014, Professor Harris allegedly began sexually harassing Ms. Doe, a Ph.D. student. According to the Complaint, for the next two years, the world-renowned Greco-Roman scholar regularly pressured Jane Doe to have inappropriate and unwanted sexual contact, both within and outside the university setting. Jane Doe was 26 and Professor Harris was 75 when he allegedly initiated these unwanted sexual advances, in violation of Columbia University's policies. According to the Complaint, this behavior included sexual groping; pressing his mouth on Ms. Doe's breast; and repeatedly kissing her in his office, along with frequently pressuring Ms. Doe to have sexual intercourse with him. The Sanford Heisler Sharp team representing Jane Doe is led by David Sanford, the firm's Chairman; Jeremy Heisler, managing partner of the firm's New York office; and Jennifer Siegel, a senior litigation counsel in the firm's New York office. For more information, contact Jamie Moss, newsPRos, 201-493-1027, jamie@newspros.com Sanford Heisler Sharp PRNEWSWIRE.COM? \uf045 440k+ Newsrooms & Influencers 9k+ Digital Media Outlets 270k+ Journalists Opted In \uf045", "7294_103.pdf": "Home \u00bb Case \u00bb Discrimination and Harassment Cases \u00bb Columbia University Title Lawsuit Search \uf002 aMenu a 2/16/25, 11:40 Employment Law and Financial Services | Columbia University Title Lawsuit | Sanford Heisler Sharp McKnight 1/7 a 2/16/25, 11:40 Employment Law and Financial Services | Columbia University Title Lawsuit | Sanford Heisler Sharp McKnight 2/7 Columbia University Title Lawsuit Case name: Jane Doe v. The Trustees of Columbia University and William V. Harris Case type: Discrimination and Harassment Filed in: [U.S. District Court for the Southern District of New York] Case no.: 1:17-cv-07498 Case Summary On October 2, 2017, Sanford Heisler Sharp McKnight filed a sexual harassment lawsuit on behalf of a 29-year-old student, Plaintiff Jane Doe, against the Trustees of Columbia University and a noted history professor at the school, William V. Harris. The Complaint alleged that in 2014, the then-75-year-old Prof. Harris began sexually harassing the then-26-year-old Ms. Doe, a Ph.D. student. For the next two years, he regularly pressured her for inappropriate and unwanted sexual contact, both on and off-campus. According to the Complaint, this behavior included sexual groping; pressing his mouth on Ms. Doe\u2019s breast; and repeatedly kissing her in his office, along with a 2/16/25, 11:40 Employment Law and Financial Services | Columbia University Title Lawsuit | Sanford Heisler Sharp McKnight 3/7 frequently pressuring her to have sexual intercourse. Prof. Harris was a renowned Greco-Roman scholar and longtime director of the Center for the Ancient Mediterranean, a well-regarded interdisciplinary center of the institution. The Complaint alleged that the university had been aware of his abusive behavior toward women for a long time without taking any action. When Ms. Doe rejected his inappropriate advances, Prof. Harris retaliated by disparaging her professionalism to his colleagues and her fellow graduate students, the Complaint alleged. Ms. Doe\u2019s mounting trauma ultimately resulted in her withdrawal from Columbia for the 2015-2016 academic year to seek counseling, according to the Complaint. When she returned to her studies, the Complaint alleged, Ms. Doe reported Prof. Harris\u2019 harassment to multiple faculty members, but no efforts were made to protect her. When the Plaintiff notified Columbia\u2019s Title Coordinator and requested accommodations be made for the 2017-2018 academic that would enable her to participate fully in completing her doctoral program, the University\u2019s inaction regarding Prof. Harris subjected her to a hostile work environment, depriving her of the use of the academic and professional resources to which she was entitled, the Complaint further alleged. The Complaint alleged violations of Title as well as the New York City Human Rights Law. Additionally, the Complaint alleged negligent supervision and retention of Prof. William V. Harris; and that Harris owed Ms. Doe a duty of care, a 2/16/25, 11:40 Employment Law and Financial Services | Columbia University Title Lawsuit | Sanford Heisler Sharp McKnight 4/7 which he breached by negligent infliction of emotional distress through sexual harassment. Shortly after the filing of the lawsuit, Columbia announced that Prof. Harris would voluntarily step down from his position. The matter was subsequently resolved. Procedural History\" News Coverage\" Attorneys Involved in the Case Jeremy Heisler Co-Vice Chairman David Sanford Chairman 45 a 2/16/25, 11:40 Employment Law and Financial Services | Columbia University Title Lawsuit | Sanford Heisler Sharp McKnight 5/7 Submit a Contact Request Form Today Press Releases \\ October 31, 2017 \u2013 Tenured and Prominent Columbia University History Professor William V. Harris, Accused in Sanford Heisler Sharp Lawsuit of Sexual Harassment, Will Withdraw from Teaching and Advising \\ October 2, 2017 \u2013 Sanford Heisler Sharp Files Title Lawsuit Against Columbia University and Noted History Professor, William V. Harris Locations New York Office 17 State Street Suite 3700 New York 10004 646-512-8609 Washington Office 700 Pennsylvania Avenue Suite 300 Washington 20003 202-221-4003 San Francisco Office Palo Alto Office a 2/16/25, 11:40 Employment Law and Financial Services | Columbia University Title Lawsuit | Sanford Heisler Sharp McKnight 6/7 50 California Street Suite 1538 San Francisco 94111 415-422-9292 300 Hamilton Avenue Suite 500 Palo Alto 94301 650-629-0099 Nashville Office 611 Commerce Street Suite 3100 Nashville 37203 615-245-6960 San Diego Office 7911 Herschel Avenue Suite 300 La Jolla 92037 619-369-4523 Attorney Advertising The firm is committed to litigating and resolving public interest, social justice, and civil rights matters that add significant value to individuals, groups of individuals, and communities. We excel at representing individuals, groups of individuals, and public entities in discrimination, whistleblower, ERISA, sexual violence, Title IX, victims\u2019 rights, and public sector litigation. As one recent client noted, \u201cThis firm has proven again and again it has the necessary talent, experience, intelligence, creativity, and resources to represent workers and whistleblowers successfully against the country\u2019s largest employers.\u201d \ue093 \ue09a \ue09d \ue094 \ue0a3 \u00a9 2025 Sanford Heisler Sharp McKnight \u2022 All Rights Reserved Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw a 2/16/25, 11:40 Employment Law and Financial Services | Columbia University Title Lawsuit | Sanford Heisler Sharp McKnight 7/7", "7294_104.pdf": "William V. Harris William Vernon Harris (born 13 September 1938) is a British-American classicist who was William R. Shepherd Professor of History at Columbia University until December 2017. He is the author of numerous groundbreaking monographs on the Greco-Roman world, is a Fellow of the American Academy of Arts & Sciences, and was awarded the Distinguished Achievement Award by the Andrew W. Mellon Foundation in 2008.[1] William V. Harris was born on 13 September 1938 in Nottingham, England. He attended Bristol Grammar School (1949\u20131956) and then was an Open Scholar in Classics at Corpus Christi College, Oxford. He earned first class in Classical Moderations in 1959, then first class in Literae Humaniores in 1961. From 1961 he pursued graduate studies as a State Student at Oxford, spending the year 1961\u2013 1962 in Rome (where he worked with J.B. Ward-Perkins), and was then the T.W. Greene Scholar in Classical Art and Archaeology. His dissertation supervisor was M. W. Frederiksen, and he received his D.Phil. in 1968. From 1964 to 1965 Harris served as Lecturer in Ancient History at Queen's University, Belfast. In 1965, he joined the faculty of Columbia University where he chaired the History Department from 1988 to 1994. In 1995 he was awarded the William R. Shepherd Professorship in History at Columbia.[1] Beginning in 2000, he was director of Columbia's Center for the Ancient Mediterranean, which he co-founded.[1] In 2002 he became a Fellow of the American Academy of Arts & Sciences,[2] and in 2008 he was awarded the Distinguished Achievement Award by the Andrew W. Mellon Foundation.[3] In 2011 he was elected a Corresponding Fellow of the British Academy. Harris's work first attracted wide attention with his 1979 book War and Imperialism in Republican Rome, 327-70 BC, which contradicted several received doctrines about the nature of Roman imperial expansion across the Mediterranean world. One reviewer wrote: \"In the process of evolving his interpretation, he treads on the toes of a majority of the living scholars (and a large number of deceased ones) who have interested themselves in this problem.\"[4] The book has remained continuously in print. He then turned towards social history and published in 1989 what is probably his most controversial book, Ancient Literacy, in which he maintains that while the Greeks and Romans created deeply literate cultures, the mass of the Greek or Roman population remained illiterate. In the same period Harris began to work extensively on economic history, publishing a series of papers about slavery, money and other issues that were collected in Rome's Imperial Economy (2011). During his two three-year terms, covering 1988 to 1994, as the elected chair of the Columbia University History Department\u2013he was acting chair again in 2005\u2013the department moved Life and career 2/16/25, 11:41 William V. Harris - Wikipedia 1/4 to correct its gender imbalance. In the 1990s he began to work intensively on psychological aspects of ancient history, and in 2001 he published Restraining Rage: the Ideology of Anger Control in Classical Antiquity. Columbia College's undergraduates awarded this book its Lionel Trilling Award. In October 2017, a Columbia University doctoral student, identified as Jane Doe, filed suit in the U.S. District Court for Southern New York against Harris and the trustees of Columbia University, alleging that Harris had repeatedly sexually harassed her throughout the years 2014 and 2015.[5][6][7] The complaint also alleges that when the student rejected Harris's advances, he disparaged her to colleagues and fellow graduate students and that, as a result, the student withdrew from Columbia for the 2015\u20132016 academic year.[8] The student claimed that university administration was aware that Harris had a history of harassment towards female students but had taken no steps address the situation.[5] The complaint was brought under Title and the New York City Human Rights Law.[7] On 30 October the university notified History Department faculty and graduate students via email that Harris \"agreed with the university to withdraw from his teaching, advising and other student- related activities\". It called the allegations in the lawsuit \"a subject of considerable discussion and concern representative for the university said Harris remained an employee.[7] Two women, Wayne State University associate professor Jennifer Sheridan Moss and Duke University professor Jennifer Knust, came forward in December 2017 to report similar incidents with Harris in the 1980s when they were graduate students at Columbia. They and four unidentified women have indicated they are willing to testify in the lawsuit. Moss said she has successfully sought help in preventing Harris from retaliating against her from Roger S. Bagnall, then a Columbia professor and now professor emeritus at New York University. According to the New York Times, Bagnall said he \"was aware of Dr. Harris's reputation for pursuing and harassing young women\". He said: \"even in the mid-80s, that just wasn't acceptable\".[9] After Harris had stepped down from his teaching and student-related duties in October 2017, he retired voluntarily on 18 December as part of the settlement in the lawsuit filed in October.[10] Columbia University stated that he would not be granted emeritus status or involved in any University activities.[11] Harris has retained his status as a fellow of the American Academy of Arts and Sciences and the British Academy.[12][13] 1971: Rome in Etruria and Umbria (Oxford: Clarendon Press), pp. x + 370 1979: War and Imperialism in Republican Rome, 327\u201370 B.C. (Oxford: Clarendon Press), pp. xii + 293 (corrected reprint, 1985; Spanish translation: Guerra e imperialismo en la Roma republicana, 327-70 a.C. Madrid: Siglo XXI) 1989: Ancient Literacy (Cambridge, Massachusetts: Harvard U.P.), pp. xvi + 383 (1991: Italian translation: Lettura e istruzione nel mondo antico, Rome and Bari: Laterza) Sexual harassment complaint Publications Monographs 2/16/25, 11:41 William V. Harris - Wikipedia 2/4 2002: Restraining Rage: the Ideology of Anger Control in Classical Antiquity (Cambridge, Massachusetts: Harvard U.P.), awarded the 2002 James Henry Breasted Prize of the American Historical Association 2009: Dreams and Experience in Classical Antiquity (Harvard University Press)[1] ( p.harvard.edu/catalog/HARDRE.html) 2011: Rome's Imperial Economy: Twelve Essays (Oxford University Press) 2016: Roman Power: a Thousand Years of Empire (Cambridge University Press) 2024: Dire Remedies Social History of Healthcare in Classical Antiquity (Berlin: De Gruyter) 1984: The Imperialism of Mid Republican Rome (Papers and Monographs of the American Academy in Rome, vol. xxix, Rome) 1986: (with Roger S. Bagnall) Studies in Roman Law in Memory of A. Arthur Schiller (Columbia Studies in the Classical Tradition, vol. 13, Leiden) 1993: The Inscribed Economy: Production and Distribution in the Roman Empire in the light of instrumentum domesticum (Supplementary vol.6 of the Journal of Roman Archaeology, Ann Arbor) 1999: The Transformations of Urbs Roma in Late Antiquity (Supplementary vol. 33 of the Journal of Roman Archaeology) 2004: (with Giovanni Ruffini) Ancient Alexandria between Egypt and Greece (Columbia Studies in the Classical Tradition, vol. 26, Leiden: E.J. Brill) 2005: Rethinking the Mediterranean (Oxford: Clarendon Press) 2005: (with Elio Lo Cascio) Noctes Campanae: studi di storia ed archeologia dell\u2019Italia preromana e romana in memoria di Martin Frederiksen (Naples: Luciano) 2005: The Spread of Christianity in the First Four Centuries: Essays in Explanation (Columbia Studies in the Classical Tradition, vol. 27, Leiden: E. J. Brill) 2008: Monetary Systems of the Greeks and Romans (Oxford: Oxford University Press) 2008: (with Brooke Holmes) Aelius Aristides between Greece, Rome and the Gods 2011: (with Kristine Iara) Maritime Technology in the Ancient Economy (Portsmouth, RI) 2013: Mental Disorders in the Classical World (Columbia Studies in the Classical Tradition, vol. 38, Leiden: E. J. Brill) 2013: The Ancient Mediterranean Environment between Science and History (Columbia Studies in the Classical Tradition, vol.39, Leiden: E. J. Brill) 2013: Moses Finley and Politics (Columbia Studies in the Classical Tradition, vol. 40, Leiden: E. J. Brill) 2016: Popular Medicine in Graeco-Roman Antiquity: Explorations (Columbia Studies in the Classical Tradition, vol. 42, Leiden: E. J. Brill) 1. \"Faculty Bio: William V. Harris\" ( a.edu/cu/classics/fac-bios/harris/faculty.html). Archived from the original ( cu/classics/fac-bios/harris/faculty.html) on 17 May 2008. Retrieved 9 December 2017. 2. \"Professor William V. Harris\" ( lliam_harris). American Academy of Arts & Sciences. Retrieved 9 December 2017. Edited volumes References 2/16/25, 11:41 William V. Harris - Wikipedia 3/4 3. \"History Professor Wins Distinguished Achievement Award from Mellon Foundation\" ( olumbia.edu/cu/news/08/01/harris.html). Columbia Public Affairs Office. 18 January 2008. Retrieved 9 December 2017. 4. Oost, Stewart Irvin (January 1982). \"Book Reviews War and Imperialism in Republican Rome 327- 70 B.C. William V. Harris\". Classical Philology. 77 (1): 81\u201383. doi:10.1086/366685 ( 10.1086%2F366685). 5. Wang, Vivian (2 October 2017). \"Student Sues Columbia Over 'Deliberate Indifference' to Harassment Claims\" ( assment-lawsuit.html). New York Times. Retrieved 3 October 2017. 6. Flaherty, Colleen (4 October 2017). \"Columbia Sued Over Alleged Harassment\" ( ehighered.com/quicktakes/2017/10/04/columbia-sued-over-alleged-harassment). Inside Higher Ed. Retrieved 4 October 2017. 7. Ferr\u00e9-Sadurn\u00ed, Luis (31 October 2017). \"Columbia Professor Accused of Sexual Harassment Steps Down\" ( ent.html). New York Times. Retrieved 6 November 2017. 8. \"Sanford Heisler Sharp Files Title Lawsuit Against Columbia University and Noted History Professor, William V. Harris\" ( s-title-ix-lawsuit-against-columbia-university-and-noted-history-professor-william-v-harris-3005291 36.html Newswire (Press release). 2 October 2017. Retrieved 3 October 2017. 9. Wang, Vivian (8 December 2017). \"At Columbia, Three Women, 30 Years and a Pattern of Harassment\" ( ent-three-decades.html). New York Times. Retrieved 9 December 2017. 10. Wang, Vivian (19 December 2017). \"Columbia Professor Retires in Settlement of Sexual Harassment Lawsuit\" ( ssment.html). New York Times. Retrieved 19 December 2017. 11. Kamath, Rahil (19 December 2017). \"Professor William Harris retires as University settles sexual harassment lawsuit - Columbia Daily Spectator\" ( 2/19/professor-william-harris-retires-as-university-settles-sexual-harassment-lawsuit/). Columbia Spectator. Retrieved 7 January 2018. 12. \"William V. Harris | American Academy of Arts and Sciences\" ( am-v-harris). Retrieved 2 January 2019. 13. \"Professor William Harris\" ( The British Academy. Retrieved 2 January 2019. Columbia University, Department of Classics ( Center for the Ancient Mediterranean ( Retrieved from \" External links 2/16/25, 11:41 William V. Harris - Wikipedia 4/4", "7294_105.pdf": "OV. 1 , 2 0 1 7 By Lisa Ryan Prominent Columbia Professor Steps Down From Teaching Amid Harassment Lawsuit 2/16/25, 11:41 Columbia\u2019s William V. Harris Stops Teaching Amid Allegations 1/9 Columbia University. Photo: InSapphoWeTrust/Flickr prominent historian has stepped down from teaching duties at Columbia University after a 29-year-old female doctoral student filed a federal lawsuit alleging he forced himself on her and retaliated after she rejected his advances, Gothamist reports. However, Professor William V. Harris is still technically employed by the university. According to a lawsuit filed last month in Manhattan federal court against the university and the famed academic, Harris allegedly repeatedly groped and kissed the woman while he served as her mentor at Columbia. As the New York Times reports, university officials 2/16/25, 11:41 Columbia\u2019s William V. Harris Stops Teaching Amid Allegations 2/9 Sources Our National Narratives Are Still Being Shaped by Lecherous, Powerful Men allegedly turned a blind eye when the student \u2014 known as Jane Doe in the lawsuit \u2014 reported Harris\u2019s behavior, and advised her only to take steps to avoid running into him. The complaint states that Doe was \u201cemotionally traumatized\u201d by his behavior. The lawsuit also alleges the university knew Harris had a reputation for harassing young, female students, but did nothing to stop it. But on Monday, the university informed graduate students and faculty in the History, Classics, and Classical Studies department of Harris\u2019s withdrawal. Per Gothamist: \u201cEarlier today, students enrolled in Professor William Harris\u2019s classes were told that he has agreed with the University to withdraw from his teaching, advising and other student- related activities,\u201d it states. \u201cWe share this information more broadly with you to clarify what has been a subject of considerable discussion and concern. We also want to take this opportunity to reiterate that Columbia must be a place where students and scholars are able to purse [sic] their academic work free from worry about harassment of any sort.\u201d The move comes in the wake of sexual assault and harassment allegations against numerous prominent men, including some in the academic world think we are at a cultural tipping point, and think that tipping point is in part evidenced by what Columbia did,\u201d David Sanford, an attorney for Doe, told Gothamist think Columbia understands the cultural moment, but \u2026 it\u2019s a cultural moment years too late.\u201d 2/16/25, 11:41 Columbia\u2019s William V. Harris Stops Teaching Amid Allegations 3/9 1. 2. 3. 4. 5 1 0 : 0 0 . The White Lotus\u2019s Sinister Take on Southern Style 4 : 3 6 . What\u2019s Going on With Zo\u00eb Kravitz and Noah Centineo? 82nd Annual Golden Globe Awards - Arrivals 2 : 0 4 . Benny Blanco Gave Selena Gomez a Bathtub Full of Queso for Valentine\u2019s Day Selena Gomez Hosts the Second Annual Rare Impact Fund Benefit Supporting Youth Mental Health - Arrivals Your Weekly Horoscopes by Madame Clairevoyant: February 16\u201322 The Magazine Editor Who Has Bad Sex With a Chef Surveillance Pricing Is Ripping You Off. Here\u2019s How to Fight It. No One Holds a Grudge Like Taylor Swift The Onyx Storm Ending, Explained: All the Leading Theories 2/16/25, 11:41 Columbia\u2019s William V. Harris Stops Teaching Amid Allegations 4/9 5 : 0 0 . Your Weekly Horoscopes by Madame Clairevoyant: February 16\u201322 With the sun entering Pisces, compassion takes center stage. For now, make a point of prioritizing other people. By Claire Comstock-Gay 2/16/25, 11:41 Columbia\u2019s William V. Harris Stops Teaching Amid Allegations 5/9 . 1 5 , 2 0 2 5 Regret My Grudge . 1 4 , 2 0 2 5 The Magazine Editor Who Has Bad Sex With a Chef . 1 4 , 2 0 2 5 What Colman Domingo, Paloma Elsesser, and Jenna Lyons Wore This Week . 1 4 , 2 0 2 5 Everyone Came Out for Danielle Haim\u2019s Birthday Party . 1 4 , 2 0 2 5 Are Concealer Lips Back . 1 4 , 2 0 2 5 Bridget Jones Is Still a Lovable Mess . 1 4 , 2 0 2 5 The Best At-Home Teeth-Whitening Kits, According to Experts 2/16/25, 11:41 Columbia\u2019s William V. Harris Stops Teaching Amid Allegations 6/9 . 1 4 , 2 0 2 5 Happy Valentine\u2019s Day From the Obamas 2024 Democratic National Convention: Day 2 . 1 4 , 2 0 2 5 Is Annoyance the Most Romantic Emotion . 1 4 , 2 0 2 5 There\u2019s Something on Your Head . 1 4 , 2 0 2 5 Addison Rae\u2019s New Video Makes Me Wanna Reblog . 1 4 , 2 0 2 5 Are Kanye West and Bianca Censori Getting Divorced? Marni Fall 2024 - Front Row . 1 4 , 2 0 2 5 Is Tom Sandoval Farting on the Traitors Set? 2/16/25, 11:41 Columbia\u2019s William V. Harris Stops Teaching Amid Allegations 7/9 . 1 4 , 2 0 2 5 Issa Rae Wants Nothing to Do With Trump\u2019s Kennedy Center 11: The Kennedy Center is seen on a s . 1 4 , 2 0 2 5 Sabrina and Dolly Are Committing Crimes Together . 1 4 , 2 0 2 5 Yes, Those Were Ostrich Feather Lashes at Thom Browne . \u00a9 2 0 2 5 . 2/16/25, 11:41 Columbia\u2019s William V. Harris Stops Teaching Amid Allegations 8/9 2/16/25, 11:41 Columbia\u2019s William V. Harris Stops Teaching Amid Allegations 9/9", "7294_106.pdf": "History professor William Harris pulled from teaching following sexual harassment claim By / File Photo Harris remains an employee of the University, but has been removed from student-related responsibilities 31, 2017 11:46 Columbia has removed history professor William V. Harris from teaching, advising, and other student-related responsibilities following an accusation that Harris sexually harassed a student and retaliated against reports of that harassment.. Earlier this month, a 29-year-old Ph.D. student alleged that the 79-year-old history professor, who has been at Columbia since 1965, repeatedly kissed and groped her Share 2/16/25, 11:41 History professor William Harris pulled from teaching following sexual harassment claim 1/8 without consent beginning in 2012. The student has sued Columbia under the name Jane Doe for allegedly failing to act on her complaints of Harris\u2019 harassment. Dean of the Faculty of Arts and Sciences David Madigan and Dean of the Graduate School of Arts and Sciences Carlos Alonso announced the decision to pull Harris from student-related responsibilities in an email to graduate students and faculty within the history department. \u201cWe share this information more broadly with you to clarify what has been a subject of considerable discussion and concern,\u201d the email reads. \u201cWe also want to take this opportunity to reiterate that Columbia must be a place where students and scholars are able to purse (sic) their academic work free from worry about harassment of any sort. \u2026 The well-being of every member of the Columbia University community remains our very highest priority.\u201d Columbia does not comment on personnel matters, according to a University spokesperson, who added that the University is \u201ccommitted to fostering an environment that is free from gender-based discrimination and harassment.\u201d David Sanford, counsel for Jane Doe, believes the decision to remove Harris from teaching lends credence to the plaintiff\u2019s claims. \u201cThis is a vindication of Jane Doe\u2019s allegations,\u201d Sanford said. \u201cWe are glad that Columbia University did the right thing, yes. But we\u2019re disappointed that it took them this long to act.\u201d Sanford also claimed that his office has gathered allegations of sexual harassment by Harris from students, faculty, and staff that date back decades. Harris\u2019 courses, including undergraduate lectures Environmental History of the Ancient Mediterranean and Roman Social History, will be taught by replacements for the remainder of the term Barnard College history major, speaking on the condition of anonymity for fear of retaliation, told Spectator that she was enrolled in Harris\u2019 Environmental History of the Ancient Mediterranean course but dropped it last month when she learned of the Jane Doe lawsuit. 2/16/25, 11:41 History professor William Harris pulled from teaching following sexual harassment claim 2/8 \u201cJust knowing that and having that information at the back of my head made me very uncomfortable in seminar and lecture thought it would hinder my performance,\u201d she said know they\u2019re only accusations, but didn\u2019t feel like was in a safe space.\u201d Harris remains an employee of the University. aaron.holmes@columbiaspectator.com | @aaronpholmes More In News Morningside Heights residents file lawsuit against Columbia over campus closure 16 2/16/25, 11:41 History professor William Harris pulled from teaching following sexual harassment claim 3/8 New York representatives and residents rally against Mayor Adams allowing into schools and hospitals 16 2/16/25, 11:41 History professor William Harris pulled from teaching following sexual harassment claim 4/8 Office of Institutional Equity launches mandatory antidiscrimination training 16 Editor's Picks 2/16/25, 11:41 History professor William Harris pulled from teaching following sexual harassment claim 5/8 Spectator announces 149th managing board 11, 2024 2/16/25, 11:41 History professor William Harris pulled from teaching following sexual harassment claim 6/8 Columbia President Minouche Shafik resigns amid campus turmoil over war in Gaza 14, 2024 Our Campus. Our Crisis 4, 2024 2/16/25, 11:41 History professor William Harris pulled from teaching following sexual harassment claim 7/8 sweeps occupied Hamilton Hall, arrests dozens 30, 2024 Dozens occupy Hamilton Hall as pro-Palestinian protests spread across campus 29, 2024 Copyright Spectator Publishing Company. All rights reserved. 490 Riverside Drive, Rm 414, New York 10027 Subscribe to our newsletter. Email Address Subscribe About Us Usage Rights Contact Us AdvertiseDonateJoinDEI 2/16/25, 11:41 History professor William Harris pulled from teaching following sexual harassment claim 8/8"} |
7,473 | David Alexander | Northwest Nazarene University | [
"7473_101.pdf",
"7473_102.pdf",
"7473_103.pdf"
] | {"7473_101.pdf": "relationship/article_60fe1284-281e-11e5-89a6-3346ab104b89.html NNU: Former president resigned over inappropriate relationship University says David Alexander resigned over relationship that occurred 25 years ago newsroom@idahopress.com \u00a9 2015 Idaho Press-Tribune Jul 12, 2015 \u2013 Northwest Nazarene University released a statement Saturday to the campus community saying former president David Alexander resigned his position over an \"inappropriate relationship\" he had 25 years ago when he was a professor. Privacy - Terms 2/16/25, 11:41 NNU: Former president resigned over inappropriate relationship | Education | idahopress.com 1/2 After seven years as president at NNU, Alexander resigned in May, just weeks after he laid off popular theology professor Thomas Oord through a budget decision. The move led to a controversy on campus and a \u201cno confidence\u201d vote from 77 percent of the faculty. But now the university says Alexander resigned after information about an inappropriate relationship between Alexander and an unidentified person came to the board's attention Read the official statement from Randy Craker, chair of the board of trustees, here: community-july-11-2015 2/16/25, 11:41 NNU: Former president resigned over inappropriate relationship | Education | idahopress.com 2/2", "7473_102.pdf": "Photo courtesy of the Idaho Press-Tribune NAMPA, Idaho (KBOI) -- Northwest Nazarene University released a statement Saturday explaining that former president David Alexander resigned because of an \"inappropriate relationship\" that occurred more than 25 years ago when he was a faculty member. The statement released by Randy Craker chair of the Board of Trustees, said the information came to the board's attention in late April from a secondary source. At that time, the board began investigating and confirmed the allegations were true with both Alexander and the individual involved. Former president resigned over inappropriate relationship by Web Staff Sun, July 12th 2015 at 1:00 Updated Sat, July 11th 2015 at 6:00 2/16/25, 11:41 Former president resigned over inappropriate relationship 1/2 Loading ... Alexander then submitted his resignation May 11. Craker says the board struggled with the decision to go public with the information because they wanted to maintain confidentiality so no further harm would come to the other person involved. \"While very rare at NNU, inappropriate relationships between faculty or staff members with students are inexcusable,\" Craker said. The letter states that the board decided Alexander needed to be held accountable for his past actions, however, that they wanted to control if and when the information was released to prevent any victimization. \"Our hearts go out to the person who has carried this secret for over twenty-five years,\" he wrote. \"We are deeply saddened by what occurred. Our hope is that with her public release of this information, she can find healing and receive ongoing support. She has been and will continue to be in our prayers.\" Our media partner Idaho Press-Tribune reports Alexander resigned recently after laying off \"popular theology professor Thomas Oord\" through a budget decision. The Idaho Press-Tribune said Craker's statement was posted on a Facebook page titled \"Support of Tom Oord, Dr. Diane LeClerc and NNU,\" a member group that has been following the controversy involving Oord. Robert O'Donahue, director of educational partnerships at NNU, said the letter is the official statement from the university 2/16/25, 11:41 Former president resigned over inappropriate relationship 2/2", "7473_103.pdf": "#donaldtrump #elonmusk #community #doge #maga #republicans #ukraine #russia #gop Search... Former Northwest Nazarene University President Acknowledged Inappropriate Relationship With Student by The Book Bear Community (This content is not subject to review by Daily Kos staff prior to publication.) Saturday, July 11, 2015 at 4:08:47p 7 Comments 7 Share Recommend Story 11 UPDATE: He. Was. Given. A. Going. Away. Party. Dr. Craker (Chair of the Board of Trustees) knew what Alexander had done. And we were to give him a party. We were frowned upon for showing radical support to Tom. But we needed to throw the man accused of sexually predatory behavior a party. I've literally never been more disgusted in my life. Ever. --- from a commenter in the Support Tom Oord and Facebook Group 2/16/25, 11:42 Former Northwest Nazarene University President Acknowledged Inappropriate Relationship With Student 1/7 UPDATE: The fact the a survivor has been heard is the good news, but as one commenter in a Facebook group said: \"Is this for sure the rest? Because have this horrible feeling it isn't.\" Ultra-right-wing firebrand Bryan Fischer had called it \"another win for the secular inquisition,\" when speaking of the resignation of Dr. David Alexander. The former president of Northwest Nazarene University, Alexander resigned admist a fierce backlash after attempting to fire Thomas Jay Oord. It is widely believed that Oord was fired by far right factions at for not being a fundamentalist. But while Alexander said that the No Confidence Vote of the faculty was his reason for resigning, many, including me, thought that sounded flimsy have seen university presidents survive as many as three no confidence votes. As long as they have the support of the board, they can stay. Many wondered how Alexander could have gone from having the support of the after taking action against Oord, to resigning within weeks \"due to the no confidence vote.\" There had to be a smoking gun. There are no unread comments at this time. 2/16/25, 11:42 Former Northwest Nazarene University President Acknowledged Inappropriate Relationship With Student 2/7 Then today, in the Support of Tom Oord, Dr. Diane LeClerc and group, Brenda Sue Cowley wrote was a freshman, in 1986, walking on campus a blissfully unaware,glowing orb of hopeful joy, fearless, because there was nothing to fear had finally made it. My dream. My dorm. My best friends from both church, and years of friendships made solid in the district each and every summer. And then David Alexander approached me, and asked if would be willing to skip Crusader Choir and consider auditioning for the Northwesters as a sophomore, instead of waiting until my Junior Year. And believed in something new, the very moment he asked me. And about an hour ago read this official statement. It appears that a victim's voice has been heard: In late April, information came to the Board Chair from a secondary source alleging that an inappropriate relationship had occurred over twenty-five years prior when Dr. David Alexander had been a faculty member. As board chair, when the news was shared with me immediately contacted legal counsel to begin a process of investigation. The individual was contacted and she agreed to meet with the attorney charged with investigating the allegation. During that meeting, the There are no unread comments at this time. 2/16/25, 11:42 Former Northwest Nazarene University President Acknowledged Inappropriate Relationship With Student 3/7 individual confirmed that an inappropriate relationship had occurred when Dr. Alexander had been on the faculty. Upon learning of this disconcerting news and the General Counsel met with Dr. Alexander. When confronted with the information, Dr. Alexander acknowledged the inappropriate relationship. The board accepted his resignation on May 11, the day following commencement. This content was created by a Daily Kos Community member. Make voice heard! Log in or create an account. 7 #Civil Rights #CivilRights #Education #Idaho #SexualHarassment #NorthwestNazareneUniversity 2 Feminism, Pro-Feminism, Womanism: Feminist Issues, Ideas, & Activism This Week In The War On Women Was this story worth reading? Recommending and sharing stories helps us decide which stories are most important to show our readers. There are no unread comments at this time. 2/16/25, 11:42 Former Northwest Nazarene University President Acknowledged Inappropriate Relationship With Student 4/7 Share 7 Comments Close Settings STORY. Keyboard navigation ) Recommend ( r ) Reply ( p ) Parent ( o ) Open/Close ( j ) Next ( k ) Prev Show all hotkeys... Recommend Story 11 Auto refresh Collapse on load The Book Bear Jul 11, 2015 at 05:08:47 Tip Jar 20 Recommend My sister attended that college to get her woolibaar Jul 11, 2015 at 05:16:00 Mrs degree. My parents wanted me to attend that college (as Nazarenes, they supported this university), and would only help me pay for college if attended a \"christian\" university chose to not attend college rather than go to a religious university waited until was 28 to go to college on my dime, not my parents'. 1 Reply 22 Recommend This denomination? karmsy woolibaar Jul 11, 2015 at 06:06:25 0 Replies 1 Recommend karmsy Jul 11, 2015 at 06:01:52 There are no unread comments at this time. 2/16/25, 11:42 Former Northwest Nazarene University President Acknowledged Inappropriate Relationship With Student 5/7 Bryan Fischer, mentioned in this diary, is one horrid little man think his time is coming, too. Scandal-wise mean. What's it gonna be for ol' Bryan? Hookers? Drugs? Underage girls? Underage boys? Something so depraved, it's heretofore unimagined? One thing's for sure, the more strident a moralistic bigot is, the greater the odds of skeletons in their personal closet. Lurid ones. Bet on it. 1 Reply 9 Recommend It may be more mundane Catte Nappe karmsy Jul 11, 2015 at 06:36:17 Could be just a money scandal. 0 Replies 3 Recommend Idaho Press Tribune Story The Book Bear Jul 11, 2015 at 06:15:29 Resignation of President was due to inappropriate relationship 0 Replies 4 Recommend Cover Blown #VictimSpeaks The Book Bear Jul 11, 2015 at 06:27:55 From the IPT: Craker wrote that himself and the board decided to not go public with the information because they didn't want to cause further harm to the individual involved. \u201cAt the same time, we also agreed that Dr. Alexander needed to be accountable for his past actions,\u201d he wrote. \u201cAs a result, we accepted his resignation and sought to proceed in a manner that would maintain confidentiality.\u201d 0 Replies 1 Recommend There are no unread comments at this time. 2/16/25, 11:42 Former Northwest Nazarene University President Acknowledged Inappropriate Relationship With Student 6/7 \u00a9 Kos Media, LLC. Site content may be used for any purpose without explicit permission unless otherwise specified. 'Kos' and 'Daily Kos' are registered trademarks of Kos Media, LLC. Privacy Policy Front Page Comics Subscribe Gift Subscriptions Terms Rules of the Road Copyright Notice Privacy About Us Masthead Code of Ethics Contact Us Advertising Overview Jobs Shirts Daily Kos moves in solidarity with the Black community There are no unread comments at this time. 2/16/25, 11:42 Former Northwest Nazarene University President Acknowledged Inappropriate Relationship With Student 7/7"} |
7,299 | Mike A. Crider | Columbus State Community College | [] | {} |
7,706 | Ezra Mishan | University of Florida | [
"7706_101.pdf",
"7706_102.pdf"
] | {"7706_101.pdf": "From Casetext: Smarter Legal Research Mishan v. Crews District Court of Appeal of Florida, First District Nov 14, 1978 363 So. 2d 1178 (Fla. Dist. Ct. App. 1978) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free No. LL-169. November 14, 1978. McCORD, Chief Judge. Larry G. Turner of Turner Morris, Gainesville, for petitioner. Robert L. Shevin, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., for respondent. *1179 1179 Petitioner seeks a writ of prohibition contending the circuit court lacks jurisdiction to try petitioner on Counts 7 and 8 of an amended information Sign In Search all cases and statutes... Opinion Summaries Case details 2/16/25, 11:42 Mishan v. Crews, 363 So. 2d 1178 | Casetext Search + Citator 1/4 filed against petitioner. The undisputed facts reveal that on May 24, 1978, petitioner was charged in a three-count felony information with one count of attempted sexual battery and two counts of sexual battery. On the same date, petitioner was arrested pursuant to that information and was released on bail. On June 7, 1978, the state filed an amended information increasing the number of counts charged against petitioner from three to nine, including five felony charges and four misdemeanor charges. On June 8, petitioner filed a motion for clarification of conditions of release, seeking the trial court's permission for appellant to make a two-week trip to his home in England. At the June 9 hearing on that motion, the state announced to the court and petitioner that an amended information had been filed on June 7 copy of the amended information was shown to petitioner and his counsel. Upon the state's suggestion and petitioner's motion, the court applied the conditions of bail for the original three-count information to the nine-count amended information. At that hearing, the court also granted petitioner's request to travel to England and thereupon, petitioner took a two-week trip to England in June. On September 8, petitioner filed a motion for discharge for violation of speedy trial rights as to Counts 7 and 8, which were misdemeanors. The trial court denied the motion, finding that speedy trial, under Fla.R. Crim.P. 3.191(a)(1), commenced when petitioner filed his written plea of not guilty as to Counts 7 and 8 on June 19, 1978. On appeal, petitioner argues that because the conditions of his original bond were attached to the additional counts contained in the amended information at the June 9 hearing, his liberty was effectively restricted, and he was placed \"in custody\" as to those additional counts for the purposes of the speedy trial rule as of June 9. Petitioner asserts that failure to bring him to trial on the misdemeanor Counts 7 and 8 within 90 days after June 9 amounted to a speedy trial violation under Fla.R.Crim.P. 3.191(a)(1). We agree. According to Rule 3.191(a)(1), speedy trial time commences when a defendant is \"taken into custody as a result of the conduct or criminal episode giving rise to the crime charged.\" As stated in Dinsmore v. State, 348 So.2d 413 (Fla. 2 1977), the test for commencement of the speedy trial period under the \"taken into custody\" requirement of Rule 3.191(a)(1) is one of \"formal restraint\" or \"a determination of when the defendant's liberty was formally restrained by some pre-trial action or procedure.\" See also 2/16/25, 11:42 Mishan v. Crews, 363 So. 2d 1178 | Casetext Search + Citator 2/4 Singletary v. State, 322 So.2d 551 (Fla. 1975). By its nature, the setting of bail is a restraint upon a defendant's liberty. Even the attachment of an existing bond to new counts, as was done here, places new restrictions upon a defendant's liberty. From June 9 forward, petitioner was subject to the conditions of the bail as to Counts 7 and 8. Thus, speedy trial began to run from June 9 and by September 7, the 90-day period in which to bring petitioner to trial on Counts 7 and 8 had expired. Thus, the trial court should have dismissed Counts 7 and 8 against petitioner pursuant to Fla.R. Crim.P. 3.191(a)(1). Respondent argues that, even assuming arguendo that the June 9 hearing began the running of speedy trial as to Counts 7 and 8, petitioner's claim for relief still should be denied because petitioner was not continuously available for trial as required by Rule 3.191(a)(1). Respondent asserts that because petitioner ventured beyond the boundaries of the state by traveling to England for two weeks, he was unavailable for trial during that period and thus he waived his right to be tried within 90 days. We disagree. Petitioner did not violate his bail conditions by traveling; instead, he was given specific permission by the trial court to make the trip. There has been no showing that the trial was delayed because of petitioner's trip nor was there a showing that, if notified of trial during his trip, petitioner would not have returned *1180 immediately for trial. Thus, we find, as did the trial court in the order appealed here, petitioner was continuously available for trial. 1180 Writ of prohibition is granted as to Counts 7 and 8 of the amended information and ERVIN, JJ., concur. About us Jobs News 2/16/25, 11:42 Mishan v. Crews, 363 So. 2d 1178 | Casetext Search + Citator 3/4 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. 2/16/25, 11:42 Mishan v. Crews, 363 So. 2d 1178 | Casetext Search + Citator 4/4", "7706_102.pdf": "Harrison, Sallie - interviewed by Rose Norman Transcripts may contain inaccuracies. - This is Rose Norman, 0:01 it's November 12th, 2012, 0:02 and I'm with Sallie Ann Harrison in her home 0:05 in Gainesville, Florida. 0:09 And she's gonna talk about her feminist activism 0:11 since the '70s, when she's been living in Gainesville, 0:15 up through about '94, which is our cutoff date, 0:19 with some focus on her feminist consciousness raising, 0:25 how she came to it from civil rights work. 0:30 Expand \ue60e\ue900 00:00 00:00 2/16/25, 11:42 Harrison, Sallie - interviewed by Rose Norman / Southern Lesbian-Feminist Activist Herstory Project / Duke Digital Repository 1/3 Title: Harrison, Sallie - interviewed by Rose Norman Date: November 12, 2012 Creator: Norman, Rose Contributor: Harrison, Sallie Format: interviews Extent: 1:14:11 Digital Collection: Southern Lesbian-Feminist Activist Herstory Project Source Collection: Southern Lesbian-Feminist Activist Herstory Project, 2001-2020 Series: Southern Lesbian-Feminist Activist Oral Histories Rights: No Re-Use In Copyright Rights Note: This material is made available for research, scholarship, and private study. Copyright in this material has not been transferred to Duke University. For reuses of this material beyond those permitted by fair use or otherwise allowed under the Copyright Act, please see our page on copyright and citations Identifier: 7b9865f1a6314e76876f783727b96493 slfaherstoryproject ark:/87924/r41z46692 ac53e211-99b2-4644-be2c-b4b05e20fd27 Permalink: Sponsor: Sponsor this Digital Collection The preservation of the Duke University Libraries Digital Collections and the Duke Digital Repository programs are supported in part by the Lowell and Eileen Aptman Digital Preservation Fund Sallie Bingham Center for Women's History & Culture Digital Collections Southern Lesbian-Feminist Activist Herstory Project Contact 2/16/25, 11:42 Harrison, Sallie - interviewed by Rose Norman / Southern Lesbian-Feminist Activist Herstory Project / Duke Digital Repository 2/3 More Info & Options \uf08eSource Collection \uf08eView in Collection Guide \uf05a Some materials and descriptions may include offensive content. More info Contact Us 411 Chapel Drive Durham 27708 (919) 660-5870 Perkins Library Service Desk Digital Repositories at Duke Report a Problem with the Repositories About Digital Repositories at Duke Accessibility Policy Deaccession and Takedown Policy \uf08c\uf09a\uf167\uf16e\uf16d\uf143 Sign Up for Our Newsletter Re-use & Attribution / Privacy Harmful Language Statement Support the Libraries Library Staff Login 2/16/25, 11:42 Harrison, Sallie - interviewed by Rose Norman / Southern Lesbian-Feminist Activist Herstory Project / Duke Digital Repository 3/3"} |
8,318 | Donald C. Winston | Central Maine Technical College | [
"8318_101.pdf"
] | {"8318_101.pdf": "Winston v. Maine Technical College System 631 A.2d 70 (1993) Donald v SYSTEM, et al. Supreme Judicial Court of Maine. Argued May 10, 1993. Decided September 1, 1993. *72 John J. Finn (orally), Yarmouth, for plaintiff. Linda Sibery Crawford (orally), Asst. Atty. Gen., Augusta, for defendant. Before WATHEN, C.J., and and DANA, JJ. WATHEN, Chief Justice. We are called on to decide whether a person who is diagnosed as being subject to compulsive sexual behavior may be considered as mentally disabled for purposes of the antidiscrimination provisions with respect to employment within the purview of the Federal Rehabilitation Act of 1973 or the Maine Human Rights Act. Plaintiff Donald C. Winston appeals from an order of the Superior Court (Androscoggin County, Alexander, J.) granting summary judgment in favor of defendants Maine Technical College System (MTCS), Central Maine Technical College (CMTC), and Richard Conrath.[1] He contends that genuine issues of material fact remain and that defendants are not entitled to a judgment on his claim that the termination of his employment constitutes unlawful 2/16/25, 11:42 Winston v. Maine Technical College System :: 1993 :: Maine Supreme Judicial Court Decisions :: Maine Case Law :: Maine Law :: \u2026 1/9 discrimination on the basis of his mental handicap of compulsive sexual addiction in violation of section 504 of the Rehabilitation Act of 1973, 29 U.S.C.A. \u00a7 794 (Pamph.1993), the Maine Human Rights Act, 5 M.R.S.A. \u00a7\u00a7 4551-4632 (1989 & Supp.1992), and the First and Fourteenth Amendments to the United States Constitution as enforced by 42 U.S.C.A. \u00a7 1983 (1981). The applicable law in effect at the time the Superior Court rendered its decision excluded sexual behavior disorders from the definition of a disabled individual. We, therefore, affirm the judgment. The factual assertions viewed in the light most favorable to plaintiff may be summarized as follows: Plaintiff taught in the for nineteen years. He was a tenured English instructor at in 1989 when he was terminated for violating the school's sexual harassment policy by kissing one of his eighteen-year-old female students after a sexually suggestive conversation. Plaintiff asserts that the kiss was consensual, but he acknowledges that the kiss was inappropriate and he immediately apologized to the student several times. He then met with Conrath, disclosing that he was \"sexually obsessive\" and that he had had some involvement with a student, but that he had taken care of it. Twenty days later the student told Conrath that plaintiff had sexually harassed her. The charges were investigated. During this period Conrath made numerous references to his concern for plaintiff's mental health and commented that he thought plaintiff was \"deeply troubled psychologically.\"[2] Plaintiff was subsequently discharged. Although the termination letter refers only to the single incident of inappropriate behavior with a student, defendants were aware of four prior instances of sexual behavior with students.[3] After his termination, plaintiff filed a grievance under the collective bargaining agreement of his union, the Maine State Teachers' Association. The union subsequently filed for arbitration under the *73 agreement. After eleven days of hearings the arbitrator denied the grievance, finding that and did not violate the collective bargaining agreement in discharging plaintiff.[4] The union declined plaintiff's request to appeal the arbitrator's decision. Plaintiff subsequently filed this lawsuit, claiming that he was terminated because of his \"mental handicap of sexual addiction.\" The record contains evaluations of plaintiff's condition by three mental health professionals, two of whom diagnosed plaintiff's sexual addiction as Impulse Control Disorder Not Otherwise Specified, based on the Diagnostic and Statistical Manual of Mental Disorders (3d ed. rev. 1987). Both experts stated that the disorder led to plaintiff's termination, that the addiction is a permanent condition, that it was therefore unlikely that plaintiff would be hired in another teaching position, and that plaintiff is currently capable of performing his job as a teacher, including contact with 2/16/25, 11:42 Winston v. Maine Technical College System :: 1993 :: Maine Supreme Judicial Court Decisions :: Maine Case Law :: Maine Law :: \u2026 2/9 students, without accommodation. The third expert testified that he does not believe that the Diagnostic and Statistical Manual is intended to be applied to sexual behavior, but even if it were, plaintiff would not meet the requisite criteria because plaintiff's behavior was controllable rather than compulsive. The Superior Court granted a summary judgment in favor of defendants on all claims, ruling as a matter of law that plaintiff's claimed disability of impulse control disorder does not qualify him for protection under applicable laws protecting persons with disabilities from employment discrimination. As a preliminary matter, we reject defendants' argument that the arbitrator's decision precludes the assertion of plaintiff's claim under anti-discrimination statutes and establishes conclusively that harassment occurred. Defendants cite Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 111 S. Ct. 1647, 114 L. Ed. 2d 26 (1991) for the proposition that employment discrimination claims may be the subject of binding arbitration when an employee agrees to arbitrate statutory claims.[5] By merely joining a union, however, without specifically contracting to arbitrate statutory employment discrimination claims, an employee is not precluded from asserting such claims in litigation. Our analysis begins with section 504 of the Rehabilitation Act of 1973 (Act) that provides that: \"[n]o otherwise qualified individual with a disability ... shall, solely by reason of his or her disability, be ... subjected to discrimination under any program or activity receiving Federal financial assistance.\" 29 U.S.C.A. \u00a7 794 disabled individual is defined as one who: \"(i) has a physical or mental impairment which substantially limits one or more of such person's major life activities, (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment.\" Id. \u00a7 706(8)(B). The Department of Health, Education and Welfare promulgated regulations offering guidance on the scope of section 504. Those regulations provide that \"mental impairment\" is \"any mental or psychological disorder, such as ... emotional or mental illness,\" 45 C.F.R. \u00a7 84.3(j)(2)(i)(B) (1992), and define \"major life activities\" to include working. Id. \u00a7 84.3(j)(2)(ii). The appendix to the regulations indicates that the Act should not be limited to traditional handicaps. 45 C.F.R. pt. 84, app at 377 (1992). *74 Although not raised by the parties, we note that, effective October 29, 1992, the Act was amended to provide that the term \"individual with a disability\" does not include an individual on the basis of certain conditions, including sexual behavior disorders. Pub.L. 102-569, \u00a7 102, 106 Stat. 4349 (1992) (codified at 29 U.S.C.A. \u00a7 706(8)(F) (Pamph.1993)). [6] Plaintiff's claimed addiction is a sexual behavior disorder. Because the Superior Court 2/16/25, 11:42 Winston v. Maine Technical College System :: 1993 :: Maine Supreme Judicial Court Decisions :: Maine Case Law :: Maine Law :: \u2026 3/9 ruled on plaintiff's discrimination claim after the effective date of the amendment, the court properly could have relied on the amendment to conclude that plaintiff had no claim under the Act as a matter of law. In Bradley v. School Board of City of Richmond, 416 U.S. 696, 711, 94 S. Ct. 2006, 2016, 40 L. Ed. 2d 476 (1974), the United States Supreme Court held that \"a court is to apply the law in effect at the time it renders its decision....\" This establishes a presumption that a new statute should be applied retroactively even if it \"does not explicitly recite that it is to be applied to pending cases,\" and rejects the proposition that \"a change in the law is to be given effect in a pending case only where that is the clear and stated intention of the legislature.\" Id. at 715, 94 S. Ct. at 2018. Here, there is no clear evidence of a congressional intent for or against the retroactive application of section 706(8)(F). Therefore, we find that the amendment could have been relied on by the Superior Court to support its ruling.[7] We next address whether a sexual impulse control disorder can constitute a legal disability under the Maine Human Rights Act (MHRA), 5 M.R.S.A. \u00a7\u00a7 4551-4632. The provisions of the regarding mental disability are very similar to those contained in the Act. The prohibits the discharge of an employee because of a mental disability, except when based on a bona fide occupational qualification. Id. \u00a7 4572(1)(A) (Supp.1992). The defines \"mental disability\" as \"any disability ... or mental condition caused by... illness, and includes the ... mental condition of a person that constitutes a substantial disability as determined ... by a psychiatrist or psychologist ...\" Id. \u00a7 4553(7-A) (Supp.1992). The Maine Human Rights Commission has supplemented the statutory definition by regulation as follows: \"1. An applicant or employee who has a `physical or mental handicap' means any person who has a physical or mental impairment which substantially limits one or more of such person's major life activities, has a record of such impairment, or is regarded as having such an impairment.\" Me. Human Rights Comm'n, Employment Reg. \u00a7 3.02(C)(1). The regulations also provide that the term `mental impairment' includes emotional illness, that `major life activities' includes working, and that one is `regarded as having an impairment' if the employer treats him as having an impairment and as being substantially limited by it. Id. \u00a7 3.02(C)(2). Finally, the regulations state that \"the remedial provisions of the [MHRA] shall be given broad construction and its exceptions shall be construed narrowly.\" Id. \u00a7 3.01(C)(1). There is no explicit exclusion of sexual behavior disorders from the definition of a disabled individual. We have stated that because the generally tracks federal anti-discrimination statutes, it is appropriate to look to federal precedent for guidance in interpreting the MHRA. Maine Human Rights Comm'n *75 v. City of Auburn, 408 A.2d 1253, 1261 (Me.1979). Unfortunately, a review of federal case law concerning conditions that 2/16/25, 11:42 Winston v. Maine Technical College System :: 1993 :: Maine Supreme Judicial Court Decisions :: Maine Case Law :: Maine Law :: \u2026 4/9 constitute a disability provides minimal guidance in determining when it is appropriate to impose categorical limits on the definition of a disabled individual. Section 706(8)(F), however, clarifies the original intent of Congress as to the parameters of the definition of a disabled individual under federal law. Because the was modeled after the Act, and the Act was not intended to protect individuals with sexual behavior disorders, we conclude that plaintiff's condition is not protected under the as a matter of law. We further note that the Diagnostic and Statistical Manual does not officially include sexual addiction, that defendant's psychiatrist's opinion is based on a very broad \"process\" addiction model representing the view of a \"subset\" of physicians, and that the Americans with Disabilities Act of 1990 (ADA) also specifically excludes \"sexual behavior disorders\" from the term \"disability,\" 42 U.S.C.A. \u00a7 12211(b)(1) (Pamph.1993). Plaintiff next argues that he has a cognizable claim pursuant to 42 U.S.C. \u00a7 1983. Defendants counter that this claim must fail because neither nor are \"persons\" subject to suit under 42 U.S.C. \u00a7 1983.[8] In Will v. Michigan Dept of State Police, 491 U.S. 58, 109 S. Ct. 2304, 105 L. Ed. 2d 45 (1989), the Supreme Court held that neither a state, state agency, nor state official sued in an official capacity is a \"person\" subject to suit pursuant to \u00a7 1983. Therefore, if the state is the real party in interest, the action is not being maintained against a \"person\" subject to suit within the meaning of \u00a7 1983. In determining whether the state is the real party in interest we look to (1) the relationship between the state and the defendant to determine if the defendant is an alter ego of the state or if it is relatively autonomous; and (2) whether funds to pay a judgment would come from the state treasury. See 1 Joseph G. Cook & John L. Sobieski, Jr., Civil Rights Actions \u00a7 2.01(D), at 2-60.11, 2-60.14 (1990) [hereinafter Cook & Sobieski]. With regard to the first issue, the evidence demonstrates that and have an intimate relationship with the state and can reasonably be regarded as an alter ego of the state. The is created by Title 20 M.R.S.A. \u00a7 12702 (1993) which provides as follows: There is established the Maine Technical College System which shall be a body corporate and politic and a public instrumentality of the State and the exercise of the powers conferred by this chapter shall be deemed and held to be the performance of essential governmental functions. The system shall consist of the board of trustees, the Technical College Support Office and the technical colleges. 2/16/25, 11:42 Winston v. Maine Technical College System :: 1993 :: Maine Supreme Judicial Court Decisions :: Maine Case Law :: Maine Law :: \u2026 5/9 Members of the Board of Trustees are appointed by the Governor for four year terms and must be confirmed by the Legislature. Id. \u00a7 12705(2). The Commissioners of Education, Economic and Community Development, and Labor serve ex officio. Id. \u00a7 12705(1). The Governor and Legislature approve the system's budget prepared by the Board of Trustees which is \"used in support of any requests to the Legislature for General Fund appropriations\" needed to supplement other resources available to the system, and which is the basis of the system's fiscal management plan. Id. \u00a7\u00a7 12706(4)-(4-A). The Maine Technical College System is also defined as part of the \"State\" for purposes of the Maine Tort Claims Act. 14 M.R.S.A. \u00a7 8102(4) (Supp. 1992). Although the System has the power to own and transfer real estate, any such transfers are subject to the approval of the Legislature. 20 M.R.S.A. \u00a7 12706(13). *76 Plaintiff cites statutory provisions granting the the right to sue and be sued in its own name, id. \u00a7 12706(10), delegating extensive powers to the board of trustees, id. \u00a7 12706, and giving the the right to own and transfer real property, in support of his contention that the defendants are relatively autonomous from the state. Although the has considerable autonomy in regard to its daily operations, the critical functions of budgeting and funding remain subject to state control, and therefore defendants can reasonably be characterized as alter egos of the state. Plaintiff also asserts that because the has exclusive control over certain funds not received from the state, such as tuition payments and endowments, any judgment could be paid from these funds and the state treasury would not be implicated. We disagree. First, because almost all state agencies have access to non-state funds, this factor cannot be the determining one. Second, as a practical matter, even if a judgment were not paid directly with state funds, state appropriated funds would have to be used to replenish the funds expended. Because payment of a judgment would interfere with the state's fiscal autonomy, and the is highly dependant on the state, we conclude that the state is a real party in interest. [9] Therefore, neither CMTC, MTCS, nor Conrath are \"persons\" within the meaning of \u00a7 1983 and the judgment was proper as to these claims. Plaintiff finally argues that the complaint states a claim against Conrath individually pursuant to \u00a7 1983. We disagree. Contrary to plaintiff's contention, Conrath is shielded by qualified immunity from personal liability for his discretionary acts, including the termination of plaintiff's employment. See Anderson v. Creighton, 483 U.S. 635, 638, 107 S. Ct. 3034, 3038, 97 L. Ed. 2d 523 (1987) (Generally, government officials performing discretionary functions have qualified immunity \"shielding them from civil damages 2/16/25, 11:42 Winston v. Maine Technical College System :: 1993 :: Maine Supreme Judicial Court Decisions :: Maine Case Law :: Maine Law :: \u2026 6/9 liability as long as their actions could reasonably have been thought consistent with rights they are alleged to have violated\"). Qualified immunity protects \"all but the plainly incompetent or those who knowingly violate the law.\" Malley v. Briggs, 475 U.S. 335, 341, 106 S. Ct. 1092, 1096, 89 L. Ed. 2d 271 (1986). That is not the case here. The entry is: Judgment affirmed. All concurring [1] Conrath was the Director of Central Maine Vocational Technical Institute, now CMTC, during the 1988-1989 school year. [2 was aware that plaintiff had been experiencing a great deal of stress in the years preceding the incident that led to his termination. Plaintiff was granted an emergency leave in March 1987 because of personal stress. In the spring of 1987 he had a breakdown in a meeting with the school's assistant director. He began seeking out prostitutes in the summer of 1988, and disclosed his concern over this behavior to his Department Chair. These facts and Conrath's remarks are the basis of plaintiff's claim that he was terminated because of his asserted disability. [3] In 1983 or 1984 a female student filed a claim of sexual harassment against plaintiff, but the school never informed him of the charge and he denies any misconduct. While an instructor at Northern Maine Technical College, plaintiff admits to having consensual sexual relationships with two adult students, one of whom was never enrolled in his class. The fourth incident occurred in the fall of 1988 when he made a date with one of his students and then kissed her. The next day plaintiff broke the date. Only the 1983 incident resulted in a complaint. [4] The agreement provides that termination may be only for just cause and establishes a policy against all forms of illegal discrimination. [5] We conclude that the instant situation fits within the rule set out in Alexander v. GardnerDenver Co, 415 U.S. 36, 94 S. Ct. 1011, 39 L. Ed. 2d 147 (1974), Barrentine v. Arkansas-Best Freight System, Inc., 450 U.S. 728, 101 S. Ct. 1437, 67 L. Ed. 2d 641 (1981), and McDonald v. City of West Branch, 466 U.S. 284, 104 S. Ct. 1799, 80 L. Ed. 2d 302 (1984), that the arbitration of contract-based claims pursuant to a collective bargaining 2/16/25, 11:42 Winston v. Maine Technical College System :: 1993 :: Maine Supreme Judicial Court Decisions :: Maine Case Law :: Maine Law :: \u2026 7/9 agreement does not preclude subsequent judicial resolution of statutory claims. This is true even when, as here, the claim was before the arbitrator and the collective bargaining agreement prohibits the type of discrimination alleged in the suit claiming a violation of statutory rights. See id. at 289, 104 S. Ct. at 1802. The vitality of Alexander and its progeny was reaffirmed by the Supreme Court in Gilmer, ___ U.S. at ___, ___, 111 S. Ct. at 1656- 57. [6] 29 U.S.C.A. \u00a7 706(8)(F) provides in its entirety as follows: (F) For the purposes of sections 791, 793, and 794 of this title, the term \"individual with a disability\" does not include an individual on the basis of (i) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (ii) compulsive gambling, kleptomania, or pyromania; or (iii) psychoactive substance use disorders resulting from current illegal use of drugs [7] We note that the presumption established in Bradley that a court apply the law in effect at the time it renders its decision may be defeated when there is clear congressional intent to the contrary or when its application would result in \"manifest injustice\" to a party. Bradley v. School Board of City of Richmond, 416 U.S. at 711, 94 S. Ct. at 2016. Neither of those exceptions applies here. [8] Section 1983 reads in pertinent part as follows: Every person who, under color of any statute, ordinance, regulation, custom or usage, of any State ... subjects, or causes to be subjected, any citizen of the United States ... to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. [9] We note that the majority of courts that have considered the issue have also concluded that the state is a real party in interest in actions initiated against state universities and colleges. See Cook & Sobieski, \u00a7 2.01(D) at 2-60.23-260.27. 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. 2/16/25, 11:42 Winston v. Maine Technical College System :: 1993 :: Maine Supreme Judicial Court Decisions :: Maine Case Law :: Maine Law :: \u2026 8/9 This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2/16/25, 11:42 Winston v. Maine Technical College System :: 1993 :: Maine Supreme Judicial Court Decisions :: Maine Case Law :: Maine Law :: \u2026 9/9"} |
8,582 | Hunter Samberson | University of Texas – Austin | [
"8582_101.pdf",
"8582_101.pdf"
] | {"8582_101.pdf": "determined that there was sufficient evidence to find that Samberson violated 3\u20103031.\" \"On January 23, 2017, the Director of the Marine Science Institute accepted OIE\u2019s conclusion and recommended termination. Samberson was terminated on January 24, 2017, and is not eligible for future employment at The University.\" Internet Archive Link: Link(s):"} |
8,863 | Timothy Angle | California State University - Monterey Bay | [
"8863_101.pdf",
"8863_102.pdf"
] | {"8863_101.pdf": "More sexual harassment and abuse cases made public North State Public Radio | By Thomas Peele, Ashley A. Smith, Daniel J. Willis, EdSource Published May 8, 2022 at 10:00 California State University Former Chancellor Joseph I. Castro (left) and former Cal State Fresno administrator Frank Lamas (right). Avice president at California State University, Bakersfield, was fired for viewing pornography on his work computer; a dean at Monterey Bay harassed and demeaned female employees, and an administrator at Sonoma State University \u201casserted his dominance\u201d over a female co-worker and became violent when she rebuffed his advances, records of harassment cases the California State University system released Friday show. Those revelations come as CSU, the country\u2019s biggest public university system, grapples with the aftermath of the resignation of Chancellor Joseph I. Castro in February amid outcry over his failure to handle sexual harassment complaints against an administrator while Castro was president of Fresno State University between 2013 and 2020. 2/16/25, 11:42 More sexual harassment and abuse cases made public 1/16 The system released records naming seven managers across six campuses in what was described as a first round of summaries. The summaries included allegations of sexual harassment against Frank Lamas, Fresno State\u2019s former vice president of student affairs. Castro\u2019s mishandling of his case led to Castro\u2019s resignation as chancellor. EdSource and two other news organizations agreed to receive summary information on sexual harassment and misconduct cases involving management employees across the nearly 500,000-student, 23-campus system. EdSource filed public records requests for all cases involving managers decided between 2017 and February of this year released the first round of summaries Friday afternoon, showing five previously unreported cases at four campuses. Records show: At Bakersfield, Vice President for University Advancement David Melendez was found, after an investigation, that in 2016 he viewed \u201cinappropriate websites of (a) sexual nature at work news release announcing his hiring in Bakersfield stated that Melendez had previously worked at Northridge and Chapman University in Orange County. He could not be reached late Friday. He was paid $130,333 in salary and benefits in 2017, records show. At Chico State, Milton Lang, vice president of student affairs, was found to have sexually harassed a female employee \u201cwhile attending a professional development retreat\u201d in 2019. His discipline was listed only as \u201cviolation officials did not respond to a request for additional information Friday. According to the website Transparent California, Lang was paid more than $335,000 in salary and benefits in 2019 by the university. He is the former associate vice chancellor for student affairs at Davis. Lang did not immediately respond to a message left with his staff on Friday afternoon at a Seattle company. At Monterey Bay, Timothy Angle, then dean of the college of extended education and international programs, was found to have yelled at, berated and demeaned female employees in 2016 and 2017 in ways he did not treat male employees. He retired before Donate 2/16/25, 11:42 More sexual harassment and abuse cases made public 2/16 discipline in the matter was imposed. He was last paid nearly $220,000 in salary and benefits in 2016. He could not be reached. Also at Monterey Bay, Angeles Fuentes, the campus\u2019s financial aid director, was found to have made inappropriate comments to staff \u201cbased on race and in violation of disability and retaliation standards\u201d in 2015 and 2016. She was suspended without pay for 10 days. Fuentes did not immediately return a telephone call Friday afternoon. Salary data for her could not be found. At Sonoma State, Colin Perry, an administrator, was placed on administrative leave for making inappropriate comments in 2019 about a woman\u2019s physical appearance and expressing his desire to date her. Perry allegedly made frequent inappropriate comments about female employees\u2019 appearances and shared provocative and explicit photos, the summary stated. According to the summary of his case, Perry knocked \u201cover a recycling bin and (made) a statement about asserting his dominance\u201d to an employee he was trying to date. He also tried to get an employee to go to a strip club. It\u2019s unclear how long Perry was on administrative leave, if he continued to receive pay during the leave, or if he is still employed by the university request for additional information was not immediately answered. Perry was paid 126,000 in salary and benefits in 2019, records show, In a statement Friday spokesman Mike Uhlenkamp said the university is committed to maintaining a safe environment across the sprawling system. \u201cThe safety of students, employees and guests on the California State University campuses is always a top priority. The has committed to strengthening the Title practices and policies across all 23 campuses and the chancellor\u2019s office,\u201d Uhlenkamp told EdSource Board Chair Lillian Kimbell did not respond to a request for comment. But in March, CSU\u2019s board of trustees unanimously approved a statewide review of Title practices across the system, a review of sexual harassment complaints at Fresno State, and launched a task force to examine separation agreements with executives. The review of Title complaints and reports was expected to be completed within 90 to 120 days, or 2/16/25, 11:42 More sexual harassment and abuse cases made public 3/16 less, and include interviews with students, faculty, staff, Title coordinators and administrators. It is not clear how many other harassment cases remain undisclosed at other campuses. It can take years for a case to move from the complaint phase to determination of facts and the meting out of discipline, the trigger for making the matter public. The information released Friday follows the resignation of Castro on Feb. 17 after revelations, first reported by Today, that while serving as president of Fresno State, he repeatedly failed to take action against Lamas. Lamas\u2019 case summary released on Friday said that it was found he told a staff member she was \u201chired because she was pretty,\u201d touched her \u201cafter repeatedly being asked not to touch her,\u201d and screamed profanity at her. According to the summary: \u201cHarassing and bullying behaviors, leading to a hostile working environment; Harassing comments based on Gender/Sex to a staff member, and have raised your voice and shouted obscenities to staff members. Some specific examples provided include telling a staff member she was hired because she was pretty, placing your hand on a staff member\u2019s lower back, knee and thigh, after repeatedly being asked not to touch her, and yelling at a staff member to \u201cf- ing get your act together\u201d and that she had \u201cruined [your] career, go fix it.\u201d Fresno State received at least 12 complaints of sexual harassment involving Lamas over a six-year period Today reported. Federal law known as Title prohibits sexual discrimination in an education program that receives federal financial assistance. In 2020, six months before Castro was named systemwide chancellor, he approved a $260,000 settlement agreement with Lamas, which included retirement benefits and a promise of a glowing letter of recommendation for Lamas to retire after an investigation of complaints made by a woman who worked for Lamas found a pattern of harassment, according to a detailed report first obtained by Inside Higher Ed. The victim left the university after Lamas repeatedly harassed her, an investigator found. His behavior included \u201cadjusting her bra strap,\u201d attempting to \u201cmeet (her) behind 2/16/25, 11:42 More sexual harassment and abuse cases made public 4/16 closed doors and closed blinds\u201d and making comments \u201cof a sexual nature\u201d to the woman Today later reported that in 2018 Castro recommended Lamas to become chancellor of San Marcos, a job he didn\u2019t get. Castro resigned as chancellor but remains employed by the university trustees have hired an outside law firm to investigate his actions. But issues of sexual harassment and questions about how the matters were handled have arisen elsewhere in the sprawling system this year. Some of those cases are already publicly known. The Mercury News reported in February that when now-former San Jose State President Mary Papazian arrived on campus in 2016, she ignored a memo warning her \u201cthere was inappropriate handling, touching of female athletes by the director of sports medicine, who is still here!\u201d That person, Scott Shaw, is now facing federal criminal charges that he violated the civil rights of four female athletes by engaging in sexual misconduct under the guise of treating injuries. San Jose State has paid nearly $5 million in legal settlements in the matter and was sued in March by 15 athletes in a case that may become a class action. At Sonoma State University Rohnert Park, the campus\u2019s former provost was paid $600,000 earlier this year to settle a claim she filed alleging that she had been sexually harassed by Patrick McCallum, a higher education lobbyist and the husband of campus President Judy Sakaki. Although not a university employee, McCallum was an \u201cofficial university volunteer,\u201d the Los Angeles Times reported, accompanying his wife at official functions. Sakaki and McCullum have since separated. And at Cal Poly Humboldt, John Lee, a dean of college and professional studies, was fired in 2016 after an investigation found he groped two female colleagues. He was allowed to \u201cretreat\u201d to a tenured faculty position and remain employed at the maximum salary possible Today reported last month. Lee ended up \u201cin a predominantly female department, as part of the same faculty as the women he was found to have groped,\u201d the newspaper reported. 2/16/25, 11:42 More sexual harassment and abuse cases made public 5/16 CSU\u2019s academic rules allow administrators like Lee to return to faculty jobs even after they have been found to have committed wrongdoing. Separately, a settlement agreement released by Fullerton to EdSource on Friday revealed that after complaints were made to Fullerton\u2019s Title office, campus officials agreed to separate with Mitchell Hanlon, a tenured music director. The settlement agreement was made following an arbitration hearing in 2019 and a grievance and appeal to that hearing by Hanlon. The Fullerton campus agreed with Hanlon and the California Faculty Association, which represents professors, not to discipline Hanlon or place him on administrative leave for any additional Title allegations made prior to Jan. 21, 2020. But Hanlon had to resign by Jan. 3, 2021. Hanlon was reassigned as a special assistant to the dean of the College of Arts with the intention to \u201cavoid any future complaints,\u201d through Jan. 3, 2021, according to the separation agreement. Details of the Title allegations were not released. Hanlon couldn\u2019t be reached for comment. To get more reports like this one, click here to sign up for EdSource\u2019s no-cost daily email on latest developments in education. Tags News California Thomas Peele Thomas Peele is an investigative reporter at EdSource. He is a Pulitzer Prize winning investigative reporter. See stories by Thomas Peele Ashley A. Smith Ashley A. Smith covers higher education and other student success reforms for EdSource. She joined the publication in July 2019 after covering community colleges, for-profit schools and non-traditional students for Inside Higher Ed, in 2/16/25, 11:42 More sexual harassment and abuse cases made public 6/16 Washington D.C. Her work has appeared in the Fort Myers News-Press, the Marshfield News-Herald, The Flint Journal Today and the Detroit Free Press. Ashley grew up in Detroit and is a 2008 graduate of Michigan State University. In 2020, Ashley was selected to join the first class of journalists in the Foundation Higher Education Media Fellowship at the Institute for Citizens & Scholars, to report on career and technical education. See stories by Ashley A. Smith Daniel J. Willis Daniel is a data analyst and database designer. He previously spent 10 years at the Oakland Tribune, Contra Costa Times, and San Jose Mercury News in a variety of roles. His work has been honored by the Education Writers of America, Northern California Society of Professional Journalists, California Newspaper Publishers Association, and White House Correspondents Association among others. He is an alumnus of the University of California at Santa Cruz where he studied economics. You can find him on Twitter at @BayAreaData or reach him by email, with keys and Signal available by request. See stories by Daniel J. Willis EdSource EdSource believes that access to a quality education is an important right of all children. We further believe that an informed, involved public is necessary to strengthen California\u2019s schools for the benefit of the state\u2019s children, its civic life, and its economy. See stories by EdSource Battle royal draws hundreds of pro wrestling fans to Oroville More News 2/16/25, 11:42 More sexual harassment and abuse cases made public 7/16 Inspire hopes to break ground soon on permanent campus North State schools could lose funding after Republican lawmakers fail to pass rural school bill New Public Health Officer seeks to inform and engage Butte County Shasta Scout reporter on recent death in county jail Sarina Grossi: NSPR\u2019s new Morning Edition anchor Exhibit aims to expand ideas of Asian American art in the North State Bird art exhibit takes over 2/16/25, 11:42 More sexual harassment and abuse cases made public 8/16 2/16/25, 11:42 More sexual harassment and abuse cases made public 9/16 2/16/25, 11:42 More sexual harassment and abuse cases made public 10/16 2/16/25, 11:42 More sexual harassment and abuse cases made public 11/16 2/16/25, 11:42 More sexual harassment and abuse cases made public 12/16 2/16/25, 11:42 More sexual harassment and abuse cases made public 13/16 2/16/25, 11:42 More sexual harassment and abuse cases made public 14/16 \u00a9 2021 About Us 2/16/25, 11:42 More sexual harassment and abuse cases made public 15/16 Privacy Policy Contact Us: 530-898-5896 Find 2/16/25, 11:42 More sexual harassment and abuse cases made public 16/16", "8863_102.pdf": "CSU's Title Reckoning More sexual harassment and abuse cases made public Records show administrators verbally abused and sexually harassed employees at six campuses 6, 2022 2 2/16/25, 11:43 More sexual harassment and abuse cases made public | EdSource 1/8 Former Chancellor Joseph I. Castro (left) and former Cal State Fresno administrator Frank Lamas (right). Credit: California State University vice president at California State University, Bakersfield, was fired for viewing pornography on his work computer; a dean at Monterey Bay harassed and demeaned female employees, and an administrator at Sonoma State University \u201casserted his dominance\u201d over a female co-worker and became violent when she rebuffed his advances, records of harassment cases the California State University system released Friday show. Those revelations come as CSU, the country\u2019s biggest public university system, grapples with the aftermath of the resignation of Chancellor Joseph I. Castro in February amid outcry over his failure to handle sexual harassment complaints against an administrator while Castro was president of Fresno State University between 2013 and 2020. The system released records naming seven managers across six campuses in what was described as a first round of summaries. The summaries included allegations of sexual harassment against Frank Lamas, Fresno State\u2019s former vice president 2/16/25, 11:43 More sexual harassment and abuse cases made public | EdSource 2/8 of student affairs. Castro\u2019s mishandling of his case led to Castro\u2019s resignation as chancellor. EdSource and two other news organizations agreed to receive summary information on sexual harassment and misconduct cases involving management employees across the nearly 500,000-student, 23-campus system. EdSource filed public records requests for all cases involving managers decided between 2017 and February of this year released the first round of summaries Friday afternoon, showing five previously unreported cases at four campuses. Records show: At Bakersfield, Vice President for University Advancement David Melendez was found, after an investigation, that in 2016 he viewed \u201cinappropriate websites of (a) sexual nature at work news release announcing his hiring in Bakersfield stated that Melendez had previously worked at Northridge and Chapman University in Orange County. He could not be reached late Friday. He was paid $130,333 in salary and benefits in 2017, records show. At Chico State, Milton Lang, vice president of student affairs, was found to have sexually harassed a female employee \u201cwhile attending a professional development retreat\u201d in 2019. His discipline was listed only as \u201cviolation officials did not respond to a request for additional information Friday. According to the website Transparent California, Lang was paid more than $335,000 in salary and benefits in 2019 by the university. He is the former associate vice chancellor for student affairs at Davis. Lang did not immediately respond to a message left with his staff on Friday afternoon at a Seattle company. At Monterey Bay, Timothy Angle, then dean of the college of extended education and international programs, was found to have yelled at, berated and demeaned female employees in 2016 and 2017 in ways he did not treat male 2/16/25, 11:43 More sexual harassment and abuse cases made public | EdSource 3/8 employees. He retired before discipline in the matter was imposed. He was last paid nearly $220,000 in salary and benefits in 2016. He could not be reached. Also at Monterey Bay, Angeles Fuentes, the campus\u2019s financial aid director, was found to have made inappropriate comments to staff \u201cbased on race and in violation of disability and retaliation standards\u201d in 2015 and 2016. She was suspended without pay for 10 days. Fuentes did not immediately return a telephone call Friday afternoon. Salary data for her could not be found. At Sonoma State, Colin Perry, an administrator, was placed on administrative leave for making inappropriate comments in 2019 about a woman\u2019s physical appearance and expressing his desire to date her. Perry allegedly made frequent inappropriate comments about female employees\u2019 appearances and shared provocative and explicit photos, the summary stated. According to the summary of his case, Perry knocked \u201cover a recycling bin and (made) a statement about asserting his dominance\u201d to an employee he was trying to date. He also tried to get an employee to go to a strip club. It\u2019s unclear how long Perry was on administrative leave, if he continued to receive pay during the leave, or if he is still employed by the university request for additional information was not immediately answered. Perry was paid 126,000 in salary and benefits in 2019, records show, In a statement Friday spokesman Mike Uhlenkamp said the university is committed to maintaining a safe environment across the sprawling system. \u201cThe safety of students, employees and guests on the California State University campuses is always a top priority. The has committed to strengthening the Title practices and policies across all 23 campuses and the chancellor\u2019s office,\u201d Uhlenkamp told EdSource Board Chair Lillian Kimbell did not respond to a request for comment. But in March, CSU\u2019s board of trustees unanimously approved a statewide review of Title practices across the system, a review of sexual harassment complaints at Fresno State, and launched a task force to examine separation agreements with 2/16/25, 11:43 More sexual harassment and abuse cases made public | EdSource 4/8 executives. The review of Title complaints and reports was expected to be completed within 90 to 120 days, or less, and include interviews with students, faculty, staff, Title coordinators and administrators. It is not clear how many other harassment cases remain undisclosed at other campuses. It can take years for a case to move from the complaint phase to determination of facts and the meting out of discipline, the trigger for making the matter public. The information released Friday follows the resignation of Castro on Feb. 17 after revelations, first reported by Today, that while serving as president of Fresno State, he repeatedly failed to take action against Lamas. Lamas\u2019 case summary released on Friday said that it was found he told a staff member she was \u201chired because she was pretty,\u201d touched her \u201cafter repeatedly being asked not to touch her,\u201d and screamed profanity at her. According to the summary: \u201cHarassing and bullying behaviors, leading to a hostile working environment; Harassing comments based on Gender/Sex to a staff member, and have raised your voice and shouted obscenities to staff members. Some specific examples provided include telling a staff member she was hired because she was pretty, placing your hand on a staff member\u2019s lower back, knee and thigh, after repeatedly being asked not to touch her, and yelling at a staff member to \u201cf- ing get your act together\u201d and that she had \u201cruined [your] career, go fix it.\u201d Fresno State received at least 12 complaints of sexual harassment involving Lamas over a six-year period Today reported. Federal law known as Title prohibits sexual discrimination in an education program that receives federal financial assistance. In 2020, six months before Castro was named systemwide chancellor, he approved a $260,000 settlement agreement with Lamas, which included retirement benefits and a promise of a glowing letter of recommendation for Lamas to retire after an investigation of complaints made by a woman who 2/16/25, 11:43 More sexual harassment and abuse cases made public | EdSource 5/8 worked for Lamas found a pattern of harassment, according to a detailed report first obtained by Inside Higher Ed. The victim left the university after Lamas repeatedly harassed her, an investigator found. His behavior included \u201cadjusting her bra strap,\u201d attempting to \u201cmeet (her) behind closed doors and closed blinds\u201d and making comments \u201cof a sexual nature\u201d to the woman Today later reported that in 2018 Castro recommended Lamas to become chancellor of San Marcos, a job he didn\u2019t get. Castro resigned as chancellor but remains employed by the university trustees have hired an outside law firm to investigate his actions. But issues of sexual harassment and questions about how the matters were handled have arisen elsewhere in the sprawling system this year. Some of those cases are already publicly known. The Mercury News reported in February that when now-former San Jose State President Mary Papazian arrived on campus in 2016, she ignored a memo warning her \u201cthere was inappropriate handling, touching of female athletes by the director of sports medicine, who is still here!\u201d That person, Scott Shaw, is now facing federal criminal charges that he violated the civil rights of four female athletes by engaging in sexual misconduct under the guise of treating injuries. San Jose State has paid nearly $5 million in legal settlements in the matter and was sued in March by 15 athletes in a case that may become a class action. At Sonoma State University Rohnert Park, the campus\u2019s former provost was paid $600,000 earlier this year to settle a claim she filed alleging that she had been sexually harassed by Patrick McCallum, a higher education lobbyist and the husband of campus President Judy Sakaki. Although not a university employee, McCallum was an \u201cofficial university volunteer,\u201d the Los Angeles Times reported, accompanying his wife at official functions. Sakaki and McCullum have since separated. 2/16/25, 11:43 More sexual harassment and abuse cases made public | EdSource 6/8 And at Cal Poly Humboldt, John Lee, a dean of college and professional studies, was fired in 2016 after an investigation found he groped two female colleagues. He was allowed to \u201cretreat\u201d to a tenured faculty position and remain employed at the maximum salary possible Today reported last month. Lee ended up \u201cin a predominantly female department, as part of the same faculty as the women he was found to have groped,\u201d the newspaper reported. CSU\u2019s academic rules allow administrators like Lee to return to faculty jobs even after they have been found to have committed wrongdoing. Separately, a settlement agreement released by Fullerton to EdSource on Friday revealed that after complaints were made to Fullerton\u2019s Title office, campus officials agreed to separate with Mitchell Hanlon, a tenured music director. The settlement agreement was made following an arbitration hearing in 2019 and a grievance and appeal to that hearing by Hanlon. The Fullerton campus agreed with Hanlon and the California Faculty Association, which represents professors, not to discipline Hanlon or place him on administrative leave for any additional Title allegations made prior to Jan. 21, 2020. But Hanlon had to resign by Jan. 3, 2021. Hanlon was reassigned as a special assistant to the dean of the College of Arts with the intention to \u201cavoid any future complaints,\u201d through Jan. 3, 2021, according to the separation agreement. Details of the Title allegations were not released. Hanlon couldn\u2019t be reached for comment. Get daily updates on California education news 2/16/25, 11:43 More sexual harassment and abuse cases made public | EdSource 7/8 436 14th St. Suite 310 Oakland 94612 Phone 510-433-0421 Fax 510-433-0422 EdSource@edsource.org Privacy Policy 2025 RESERVED. 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 * * 2/16/25, 11:43 More sexual harassment and abuse cases made public | EdSource 8/8"} |
8,730 | Keith Archuleta | Stanford University | [
"8730_101.pdf"
] | {"8730_101.pdf": "( ( Stanford removes library collection, brick honoring affiliates accused of sexual misconduct ( (Photo BRODHEAD/University Communications) Stanford on Tuesday moved to strip the name of deceased English professor Jay Fliegelman Ph.D. \u201977, who was accused of sexual assault, from his namesake library collection. The renaming was prompted by four years of advocacy from alumni and law professor Michele Dauber. Privacy - Terms July 9, 2021, 5:10 p.m. By Cameron Ehsan ( Victoria Hsieh ( and Kathryn Zheng ( ( 2/16/25, 11:43 Stanford removes library collection, brick honoring affiliates accused of sexual misconduct 1/6 The decision comes as the University faces ( heightened scrutiny over how it has honored administrators and faculty members accused of sexual misconduct. Amid activism in May, Provost Persis Drell ordered the removal of a brick on campus that honored former assistant dean Keith Archuleta \u201978, who was arrested ( and sentenced in 1992 for secretly videotaping women students as they undressed. Former graduate student Seo-Young Chu M.A. \u201901 said ( for-jae-in-doe-fugues-in-the-key-of-english-major/) she was sexually harassed and assaulted by Fliegelman, her dissertation advisor, while studying at Stanford. As a graduate student, Chu said that she received ( investigation/) phone calls detailing \u201cexplicit sexual fantasies\u201d and accused Fliegelman of initiating unwanted sexual contact. Fliegelman at the time described the calls and conversations with Chu as \u201cplayful banter\u201d and denied allegations of sexual contact. After another faculty member reported the allegation, Fliegelman was suspended ( against-sexual-misconduct-by-professors) for two years without pay in 2000 by then- provost John Etchemendy. An investigation led by Etchemendy found Fliegelman responsible for sexual harassment and professional misconduct, but not sexual assault. Fliegelman did not face criminal charges for his actions. Fliegelman retained access to University-sponsored housing and the libraries. He returned to his teaching position after his suspension ended in 2002. \u201cI\u2019m angry that two decades after Jay Fliegelman was punished by his own university for what he did to me am still cleaning up the mess that he and Stanford created,\u201d Chu said. Stanford spokesperson E.J. Miranda wrote in a statement that \u201cthe university takes matters of sexual misconduct very seriously and we are pleased that we have been able to resolve this situation.\u201d The Fliegelman Collection, which had been stored in Green Library\u2019s Special Collections, \u201cno longer exists,\u201d Miranda confirmed. The books in the collection will be temporarily unavailable until the process of removing the name is complete. ( 2/16/25, 11:43 Stanford removes library collection, brick honoring affiliates accused of sexual misconduct 2/6 Following his death in 2007, Fliegelman was commemorated with a Faculty Senate memorial resolution and an undergraduate studies award \u2014 honors that some faculty members say should be rescinded year later, the University acquired ( the Fliegelman Collection, a selection of books in his personal library, for an undisclosed price. Fliegelman was a renowned collector and the special collection included 258 volumes, some of which belonged to historical figures such as Charles Dickens, George Washington and John Quincy Adams. Dauber, a vocal critic of Stanford\u2019s sexual assault policies, played a central role in facilitating the removal of the library collection and the brick. \u201cRegrettably, it took Stanford four long years to do the right thing during which fear that Professor Chu was repeatedly re-traumatized by Stanford,\u201d Dauber wrote in a statement. \u201cStanford evidently wanted to get its hands on Fliegelman\u2019s valuable collection of books at a bargain price, and it was evidently willing to launder Fliegelman\u2019s dirty reputation to get them.\u201d Dauber added that those involved in facilitating the acquisition of the collection \u201cshould be held accountable.\u201d Chu criticized the University for its lack of transparency, which she said resulted in the burden being placed on herself and others to push for the renaming of the collection. \u201cStanford creates traumatized alumni,\u201d she said continue to receive messages from other alumni who were violated by people in positions of power at Stanford.\u201d Archuleta brick removal Although it took more than four years for the University to remove Fliegelman\u2019s name from the collection after Chu\u2019s initial request, action on the Archuleta brick was far more swift. After Dauber and comparative literature professor David Palumbo-Liu notified the provost of the brick on campus, Drell replied in an email several weeks later that Archuleta\u2019s donation was returned and the brick was removed. The University \u201cactively addressed this concern when it was brought to our attention,\u201d Miranda wrote in a separate statement. Archuleta is prohibited from participating in future Stanford events, Miranda added. ( 2/16/25, 11:43 Stanford removes library collection, brick honoring affiliates accused of sexual misconduct 3/6 Archuleta resigned his University post in 1992 after his arrest and was sentenced to four years of probation and community service for videotaping 11 women students as they undressed inside his campus apartment. He invited the women to his apartment under the pretense of a photo shoot for a poetry book, the police said at the time of his arrest University official said ( at the time of Archuleta\u2019s resignation that the former assistant dean\u2019s contact with the Stanford community was \u201cpermanently severed.\u201d Archuleta acknowledged ( that he would \u201cnever regain the trust of the community\u201d and that the \u201cdamage is irreparable.\u201d That was the case until two months ago, when a brick with Archuleta\u2019s name appeared outside the Black Community Services Center. Archuleta was also reportedly spotted at recent Stanford Alumni Association events. In an open letter to Archuleta in June, Rachel Hartshorn \u201992, one of the women Archuleta indecently videotaped, wrote ( secret-videos-of-women-is-back-on-campus-30-years-later-and-so-i-wrote-him-this- 8043aeaae96b) that he had \u201csexually violated\u201d her. \u201cYou committed a sex crime, Keith,\u201d she said in the letter. \u201cSo, would you please be straight with me all these years after sneakily videotaping me in my undies? Why didn\u2019t you stay away?\u201d Archuleta did not return a request for comment. Both the brick and the library collection \u201care essentially part of the same story \u2014 victims of sexual misconduct coming forward years later to demand that Stanford stop honoring their perpetrators,\u201d Dauber said. This article has been updated to clarify that the University \u201cactively addressed\u201d concerns about the Archuleta brick, not the library collection. Cameron Ehsan is a junior at Stanford studying neurobiology. He served as a news editor and newsroom development director for Vol. 261 and was the Vol. 260 winter managing editor. Victoria Hsieh '24 is a Desk Editor for the Business and Technology Desk looking to major in Computer Science and minor in Political Science. She is from Seattle and thereby a caffeine and hiking fanatic. Contact The Daily\u2019s News section at news \u2018at\u2019 stanforddaily.com. Kathryn Zheng \u201924 is from New Jersey. She is majoring in Economics and currently writes for Arts and Life as a columnist under the Culture desk. Print Article ( 2/16/25, 11:43 Stanford removes library collection, brick honoring affiliates accused of sexual misconduct 4/6 13 days ago In an email statement, the Fellows appealed to Santa Clara County District \u2026 Knight Knight Fellows Fellows urge urge to to drop drop case case \u2026 \u2026 5 days ago In the first installment of 'Those Who Were Dancing,' Carly Green describes \u2026 Those Those Who Who Were Were Dancing: Dancing: \u2026 \u2026 13 days ago The classic musical\u2019s revival has Black queer watchers, old and new, exploring \u2026 Pulse: Pulse: \u2018Wicked\u2019: \u2018Wicked\u2019: Holding Holding space space for for \u2026 \u2026 3 days ago Stanford students a faculty questioned future of effort Stanford Stanford remove remove information information from from The Stanford Daily Comment Policy Please read our Comment Policy before commenting. Got it What do you think? 0 Responses Comments and reactions for this thread are now closed. Share Best Newest Oldest Upvote 0 Funny 0 Love 0 Surprised 0 Angry 0 Sad 0 \u00d7 0 Comments \ue603 1 Login This discussion has been closed. 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7,495 | Ron Leavitt | Oregon State University | [
"7495_101.pdf",
"7495_102.pdf",
"7495_101.pdf",
"7495_102.pdf"
] | {"7495_101.pdf": "archive.today webpage capture Saved from no other snapshots from this url search 22 Jul 2024 18:27:32 All snapshots from host gazettetimes.com share download .zip report bug or abuse Webpage Screenshot Lawsuit against former prof. settled By Jun 11, 2008 0 settlement agreement has been reached in a sexual harassment lawsuit filed by two students against a former Oregon State University professor. In the lawsuit, filed in October 2005, two students accused former professor Ron Leavitt of sexual harassment. The students, Christi Sherman and S. Chantell Carpenter, were teaching assistants for Leavitt, who was a professor in the communi cations department. Each of them also worked for Leavitt at his business, Corvallis Hearing and Speech Center. The lawsuit also named the former dean of OSU's College of Liberal Arts, the University and the Corvallis Hearing and Speech Center as defendants . Kay Schaffer, the former dean of the liberal arts college, was dropped from the lawsuit in September 2007. The Benton County Circuit Court received notification of the settlement on May 1, which canceled the jury trial that had been scheduled to begin Mo Subscribe $1 for 6 months E-edition News Obituaries Sports Opinion Life & Entertainment Jobs Wildfires Jackson Auto 68\u00b0 Fair Secret Service Director Kimberly Cheatle testifies on Trump shooting Log In Search Gazette-Times 1 2 3 4 Brownsville councilor's wife takes out protective order against gay resident baseball: Next generation getting head start with Corvallis Knights As police kill Native Americans on this reservation, families left afraid and in the dark Benton County takes dump expansion application nday. The details of the settlement have not been disclosed. In a letter to the Benton County Circuit Court, the plaintiff's Portland attorney, Charese Rohny, told the court that a settlement had been reached with all defendants. Rohny wrote that the court should expect the formal agreement to be submitted by Thursday, June 5. However, the agreement had not been filed in court records by close of business on Tuesday. Involved plaintiffs, defendants and attorneys did not return calls Tuesday for comments. 0 Comments Get local news delivered to your inbox! People are also reading\u2026 Subscribe to our Daily Headlines newsletter understand and agree that registration on or use of this site constitutes agreement to its user agreement and privacy policy. Most Popular Portland chef identified in Corvallis drowning She earned a James Beard best Northwest chef award in 2014. Her body is not recovered. Email Address Sign up! Linn County crash leaves Albany woman, 21, dead The cause of the crash is under investigation. The highway was impacted for several hours. Search ongoing in Corvallis-area Willamette River drowning woman is believed dead. Debris from an old mill site, rocks and river currents are complicating the search. Fire prompts evacuations, threatens timber in East Linn County district ranger said the Willamette National Forest will close down an area around 135 square miles to public use. Groups call out Lee Greenwood's 'hateful speech' at Albany 4th of July concert He said: \"The only thing we hope for is that we can stop illegal immigration. Because the people who are coming through are coming through to \u2026 Watch Now: Related Video Harris praises Biden's 'unmatched' legacy in first public comments since Biden dropped out of race \uf101 Heavyweight Democratic governors back Harris for president LIVE: Secret Service Director Kimberly Cheatle testifies on Trump shooting Secret Service director to face intense questioning following Trump assassination attempt Sites & Partners Special Sections Mid-Valley Live Beavers Sports Albany Democrat-Herald Lebanon Express Online Features Get Healthy Services E-edition Contact Us Advertising Rates Forms Subscribe Work here Dealer Returns Licensing \u00a9 Copyright 2024 Gazette-Times Box 130 Albany 97321 Terms of Use | Privacy Policy | Advertising Terms of Use | Do Not Sell My Info | Cookie Preferences Powered by Content Management System from bloxdigital.com.", "7495_102.pdf": "archive.today webpage capture Saved from no other snapshots from this url search 18 Mar 2025 12:59:37 All snapshots from host gazettetimes.com share download .zip report bug or abuse Buy me a coffee Webpage Screenshot We are currently undergoing maintenance on some services, which may temporarily affect access to subscription accounts and the E-edition. We apologize for any inconvenience and appreciate your patience as we work to resolve the issues. Former students sue By Gwyneth Gibby Gazette-Times reporter Jul 11, 2007 0 Two say university failed to take action on sexual harassment complaint An August trial date for a lawsuit filed by two former Oregon State University students has been postponed. Christi Sherman and S. Chantell Carpenter accused former professor Ron Leavitt of sexual harassment in a lawsuit filed October 2005. According to the complaint, Sherman and Carpenter were teaching assistants for Leavitt, who was a professor in the Speech Communication Department at OSU. Each of them also worked for Leavitt at his business, the Corvallis Hearing and Speech Center. Oregon State University and the former dean of OSU's College of Liberal Arts, Kay Schaffer, are also named in the lawsuit. Sherman and Carpenter allege Leavitt harassed other teaching assistants before them and knew about it and should have taken action to stop him. Subscribe $1 for 3 months E-edition News Obituaries Sports Opinion Puzzles Lifestyles Public Notices Jobs Wildfires 36\u00b0 Clo People are also reading\u2026 Log In Search Gazette-Times 1 2 3 4 Corvallis businesses fear displacement after homeless services group buys building Oregon State will face North Carolina in first round of tournament Some parents concerned after 'incident' at Corvallis Waldorf School Beavers will make an unexpected return to the tournament Leavitt and have filed separate responses to the complaint. Leavitt denies any inappropriate actions says once university officials learned of Leavitt's behavior, they did respond appropriately. Leavitt resigned his position as a professor at in December 2004, shortly after Sherman and Carpenter complained about him to university officials. According to the complaint, Leavitt made sexually harassing comments to Sherman four or five times a day in 2004, when she was his student and teaching assistant. Leavitt said things such as \"that he wished she (Sherman) had not worn underwear when (she) wore skirts,\" the complaint says. Some of his other alleged comments are more sexually explicit. Sherman also accused Leavitt of touching her inappropriately, sometimes in front of other people. Sherman often objected to Leavitt about his behavior, according to the complaint. \"Sherman told Leavitt she was greatly offended by him slapping her buttocks, and she demanded he keep his hands off her and stop his sexually offensive comments,\" the complaint says. \"After that conversation, Leavitt was visibly mad and retaliated by taking away responsibilities for editing his book.\" In the complaint, Carpenter says Leavitt made sexual advances to her and used the promise of future employment to manipulate her into taking business trips with him. He would then book only one hotel room, with one bed, for both of them. He also made many explicit sexual comments to her and suggested he would leave his marriage for her, according to the complaint. Leavitt admits employing Sherman and Carpenter and admits making business trips with them. But he denies the rest of their allegations. \"The plaintiffs Sherman and Carpenter 'became friends' during the course of their employment\" at Leavitt's business, his response reads, \"and mutually decided, and did together, make a self-serving and misleading report to an administrative official at Oregon State University on October 20, 2004.\" Although Carpenter says she received academic credit for her work at Leavitt's business, OSU's position as detailed in its response to the complaint is that no outside work for Leavitt was a requirement for graduation. An attorney has filed a motion with the court requesting a summary judgment on Schaffer's part of the lawsuit, saying neither Sherman nor Carpenter ever discussed their complaints against Leavitt with her does not deny Leavitt's behavior toward the two women. In their responses and Schaffer admit Leavitt made sexually explicit remarks and advances to the two women and touched them. But and Schaffer \"deny that more than a few of these acts occurred on the campus or at any activity,\" their response reads. They also deny any responsibility for Leavitt's behavior toward Sherman and Carpenter while they worked for him at his business. Sherman's attorney, Charese Rohny, said Tuesday that there had been rumors of Leavitt's sexual harassment of students as an ongoing pattern. She declined to discuss what witnesses she planned to call to testify about this aspect of the case in the event of a trial. In the most recent developments, Rohny filed a motion to reschedule the trial to accommodate Sherman's plans to begin medical school in Virginia on a contract with the Air Force. She can attend a trial but not on the August date previously set. The motion was granted by Judge David Connell in a hearing Monday. Rohny, who has represented both women until now, also said she feels she has a conflict in continuing to represent both plaintiffs. Carpenter is looking for a new attorney to represent her motion filed by Leavitt's attorney to sever the two cases was denied Monday by Connell hearing was scheduled for Oct. 8 to set a new trial date. 0 Comments Be the first to know Get local news delivered to your inbox understand and agree that registration on or use of this site constitutes agreement to its user agreement and privacy policy. Most Popular Some parents concerned after 'incident' at Corvallis Waldorf School What exactly happened isn't clear, but a volunteer is no longer on campus. Corvallis businesses fear displacement after homeless services group buys building The deal, however, is not finalized, and the business owners hope to make a plea to the City Council for help. Corvallis driver careens down embankment, dies in Highway 34 crash The 42-year-old woman plunged 300 feet. Philomath woman fought off home invader, rape attempt Said the judge: \u201cThis incident is terrifying. It's what they make the movies about, and haven't seen it before in Benton County or elsewhere.\" Albany man, 72, dies after Highway 20 crash Two SUVs collided. The other driver was from Wisconsin. Watch Now: Related Video Email Address Sign up explains the latest Israeli airstrikes on Gaza \uf101 Sites & Partners Special Sections Mid-Valley Live Beavers Sports Albany Democrat-Herald Lebanon Express Online Features Get Healthy Services E-edition Contact Us Advertising Rates Forms Subscribe Work here Dealer Returns Licensing Shopping \u00a9 Copyright 2025 Gazette-Times Box 130 Albany 97321 Terms of Use | Privacy Policy | Advertising Terms of Use | Do Not Sell My Info | Cookie Preferences Powered by Content Management System from bloxdigital.com."} |
7,616 | Matthew Moten | U.S. Military Academy | [
"7616_101.pdf",
"7616_102.pdf",
"7616_103.pdf",
"7616_104.pdf"
] | {"7616_101.pdf": "military offical removed over sex abuse \uf01710/09/2013 \uf02e 1 minute read The United States Military Academy has reprimanded and removed one of its officials after an investigation showed he sexually harassed women in his chain of command. Human Rights 2/16/25, 11:44 military offical removed over sex abuse - Islamic Invitation Turkey 1/2 Colonel Matthew Moten, the head of West Point\u2019s history department, had been accused of attempting to kiss and touch female subordinates and wives of subordinate officers, Army Times reported. Following a two-month investigation into the case, Moten was formally reprimanded in August, and voluntarily resigned from his post without an honorary general\u2019s star. Customarily, retiring department heads are given an honorary general\u2019s star. According to Lt. Col. Webster Wright, a spokesman for the Army Military Academy at West Point, Moten does not face criminal charges, but his actions, as Wright said, were \u201cmisconduct.\u201d Wright said the investigation began after it transpired that Moten behaved inappropriately in the school\u2019s sensing sessions and again during sexual assault and harassment response training. His removal is the third one during recent months which is associated with misconduct at the academy. According to a recent Defense Department, the number of sexual assaults occurred last year in the military was 26,000, compared to 19,000 in fiscal year 2011. Dean Henderson, an American author and columnist at Veterans Today, believes generals and people at the top in the military are to blame for the rising sexual assault rate new study has found that failure to deal with sexual assaults in the military costs the country billions of dollars annually. 2/16/25, 11:44 military offical removed over sex abuse - Islamic Invitation Turkey 2/2", "7616_102.pdf": "Become HuffPost Member Today \u2014 And Go Ad Free! See More Want to Apologize to West Point apologize for the misinformation apologize for misinterpreting the West Point PAO's statement.You see, last time the Academy said \"misconduct,\" it was a glossing- over and dismissal of the very definition of sexual harassment committed by the Academy's rugby team in emails. By Charles Clymer, Contributor Writer, Social Equality Advocate and Army Veteran Sep 12, 2013, 02:42 Updated Nov 12, 2013 This post was published on the now-closed HuffPost Contributor platform. Contributors control their own work and posted freely to our site. If you need to flag this entry as abusive, send us an email. Last week emailed the Public Affairs Office (PAO) at the United States Military Academy at West Point, asking for information on rumors that Matthew Moten, the chair of the History Department, had been forced to resign from his post and retire early due to sexual misconduct Moten is the father of 2LT Marshall Moten, one of 15 seniors found guilty of \"unsatisfactory behavior\" and other lukewarm adjectives for engaging -- over at least a year -- in official team emails full of sexual harassment, homophobia, and racism. Their punishment, handed down eight days before graduation, was significantly watered-down so they could graduate on time and head into their careers with no further penalties. Go Ad-Free 2/16/25, 11:45 Want to Apologize to West Point | HuffPost Latest News 1/21 West Point was graciously quick in responding to my email, which then released as an official confirmation of the allegations, stating that sexual harassment and assault had taken place few hours later got a call from West Point about my Facebook status (apparently, they're monitoring my social media posts, though they are set to \"public\") regarding Moten. It turns out misinterpreted their response to my email: allegations of Moten's sexual harassment and \"misconduct\" were told to me to be substantiated took this to mean sexual assault (\"misconduct\") was committed when it actually was not apologize for the misinformation apologize for misinterpreting the West Point PAO's statement. You see, last time the Academy said \"misconduct,\" it was a glossing- over and dismissal of the very definition of sexual harassment committed by the Academy's rugby team in emails. The last time they claimed no \"inappropriate\" pictures were taken of female cadets and spread in these emails, it turned out they only meant no \"nude\" photos were taken of cadets because apparently, pictures of women taken at the Academy in public settings without their knowledge and doctored to be sexually-suggestive and spread around the Academy do not qualify as \"inappropriate.\" And apparently, cadets who spend years of engaging in this behavior can be \"mentored\" in eight days so that they're allowed to graduate on time. Apparently, these cadets \"expressing regret\" and \"saying sorry\" actually mean they publicly and viciously harass the woman who 2/16/25, 11:45 Want to Apologize to West Point | HuffPost Latest News 2/21 brought their actions to light up to -- and past -- graduation, both in public and online. Apparently, \"honor\" means Academy officials can lie about the circumstances of a case involving rampant sexism, harassment, homophobia, and racism. Apparently, \"effective leadership\" is failing to inform a dozen women cadets filmed in a barracks shower by an Army sergeant (unknown to them, of course) until 10 months after the fact and not informing the country until a year, afterward, because the media forced their hand by reporting on it. Go Ad-Free \u2014 And Protect The Free Press The next four years will change America forever. But HuffPost won't back down when it comes to providing free and impartial journalism. For the first time, we're offering an ad-free experience to qualifying contributors who support our fearless newsroom. We hope you'll join us Already contributed? Log in to hide these messages. Apparently, \"zero tolerance\" means no tolerance, after the fact, of what can't be buried or swept under the rug. Apparently, it means offering the same tired PowerPoint presentations chock full of buzzwords and \"objectives\" that accomplish next to nothing. So, you see do apologize for the misinformation made the mistake of taking the Academy's past statements and using that to handicap and translate what they actually mean. 2/16/25, 11:45 Want to Apologize to West Point | HuffPost Latest News 3/21 My fault Suggest a correction | Submit a tip \u2018Full Bush In Bikini\u2019 Is Trending On TikTok. Here's Why It's Thing. People Are Confessing Their Worst Valentine's Day Stories Of All Time, Proving The Holiday Isn't Always About Romance And Roses Pete Davidson Casually Mentions Ex Ariana Grande \u2014 And 'It's All Love' Americans' Hot Sauce Preferences, Broken Down By State 2/16/25, 11:45 Want to Apologize to West Point | HuffPost Latest News 4/21 Seeks To Drop Transgender Discrimination Cases, Citing Trump's Executive Order Here's What 27 Trump Supporters Said He Would Have To Do To Lose Their Support Anger, Chaos And Confusion Take Hold As Federal Workers Face Mass Layoffs OPINION: Trump Trying To Make World\u2019s Largest News Organization Bend The Knee Proposed Ohio Bill Would Make Unprotected Sex Felony 2/16/25, 11:45 Want to Apologize to West Point | HuffPost Latest News 5/21 Trump Erased Trans People From Stonewall\u2019s Website. They Showed Up In Person Asks Court To Dismiss Corruption Charges Against Eric Adams Vance Met With German Far-Right Leader Vance Mocked After Downplaying Election Interference To European Leaders Donald Trump Is Already Sticking It To Red States \u2014 And It Could Backfire, Big- Time 2/16/25, 11:45 Want to Apologize to West Point | HuffPost Latest News 6/21 White House Makes Cruel Valentine's Day Joke On Social Media New Trump Order Pulls Funding From Schools With COVID-19 Vaccine Mandates Ana Navarro Has Blunt Response To Guest Who Called Her 'Hysterical' White House Cuts Press Access Over 'Gulf Of America' Spat Elon Musk\u2019s Posts Classified Data On Its New Website 2/16/25, 11:45 Want to Apologize to West Point | HuffPost Latest News 7/21 Moderate House Republican Vows 'No' Vote If Budget Guts Benefits Marco Rubio\u2019s Plane Forced To Land After Developing Mechanical Issue Roy Wood Jr. Just Figured Out Trump And Musk's Relationship When Nobody Could Louisiana To Stop Promoting Mass Vaccination School District Sues Over Trump Policy Allowing Agents In Schools 2/16/25, 11:45 Want to Apologize to West Point | HuffPost Latest News 8/21 Republican Senator Slams Hegseth For 'Rookie Mistake' On Ukraine Park Service Literally Erases Stonewall History In 'Cruel' Act Amid Trump Crackdown Calls For Eric Adams To 'Be Removed' As Mayor Trump's Response To Tariffs Question Flagged As 'Very Revealing Moment' U.S. Anthem Booed Before Americans' 4 Nations Face-Off Game In Montreal 2/16/25, 11:45 Want to Apologize to West Point | HuffPost Latest News 9/21 Vance Says Military Action Could Be On The Table To Force Putin To Accept Deal With Ukraine Alina Habba\u2019s 'Sacrifice' Spin Prompts Biting Billion-Dollar Question Republicans Get Taste Of How Wrong They Were About Michelle Obama\u2019s Plan Data Reporter Warns Trump Of 1 Issue Already Threatening To 'Crush' His Presidency Trump\u2019s Verbal Slip Revives His Most Notorious Hot-Mic Scandal 2/16/25, 11:45 Want to Apologize to West Point | HuffPost Latest News 10/21 Wall Street Journal Predicts Which Trump Pick Will Be First To Go, And Why Alexandria Ocasio-Cortez Schools Trump Border Czar After 'Trouble' Threat Judge Orders Trump Administration To Temporarily Allow Funds For Foreign Aid To Flow Again Senators Slam White House For 'Petty' Decision To Bar Associated Press Reporters White House Tip Line Tells Banks To Snitch On Financial Regulators Doing Their Jobs 2/16/25, 11:45 Want to Apologize to West Point | HuffPost Latest News 11/21 4th Federal Judge Blocks Trump\u2019s Birthright Citizenship Order Republicans Say Debt Is Destroying America, But Their Budget Plan Could Balloon It 14 States Sue Over Trump's Delegation Of Authority To Elon Musk Trump Appears Set To Reward Russia For Its Brutal Invasion Of Ukraine Trump Trashes McConnell Over Vote, Questions His Childhood Polio 2/16/25, 11:45 Want to Apologize to West Point | HuffPost Latest News 12/21 Trump Admin Says There's No Plan To Shell Out $400 Million For Armored Teslas Judge Pauses Trump's Order Restricting Gender-Affirming Care For Trans Youth Prosecutor Who Quit After Refusing To Drop Adams Case 'Confident' He Committed The Crimes Social Media Reacts To Jr.'s Confirmation As Health Secretary Mitch McConnell Polio Survivor, Slams Jr.'s Confirmation 2/16/25, 11:45 Want to Apologize to West Point | HuffPost Latest News 13/21 Trump\u2019s Education Secretary Nominee Refused To Answer Pretty Important Question Brooke Rollins Confirmed As Trump's Agriculture Secretary Kash Patel Clears Senate Committee, Heads To Senate Floor For Confirmation Vote Jr., America's Loudest Anti-Vaxxer, Confirmed As Health Secretary Democratic Sen. Tina Smith Won't Run For Reelection 2/16/25, 11:45 Want to Apologize to West Point | HuffPost Latest News 14/21 Democrats Blast Trump For \u2018Illegal\u2019 Attack On Federal Agency Trump Teases Reciprocal Tariffs News, With Potential to Trigger Global Shockwaves Far-Right Party Heads For Its Strongest Result Yet In Germany's Election Mehdi Hasan Calls On GOP's Repeated Line About Donald Trump Trump\u2019s Turn Of Phrase On Ukraine Is Slammed On Social Media 2/16/25, 11:45 Want to Apologize to West Point | HuffPost Latest News 15/21 Karoline Leavitt\u2019s \u2018It\u2019s Fact\u2019 Defense Has Heads Spinning Mitch McConnell Warns Trump\u2019s Kentucky Voters How This 1 \u2018Bad Policy\u2019 Will Hurt Them Directly Wall Street Journal Warns Trump Over Possible \u2018Biggest Threat\u2019 To His Presidency John Bolton Says He Knows \u2018Exactly\u2019 What Trump Will Do Next, And It\u2019s Frightening Shonda Rhimes Resigns From Kennedy Center Board After Trump Takes Over 2/16/25, 11:45 Want to Apologize to West Point | HuffPost Latest News 16/21 Attorney General Pam Bondi Rails Against New York Leaders As She Announces Immigration Lawsuit 'The Daily Show' Teases Marco Rubio For Fall From 'It Girl' To Trump Lackey Democrat Defends Showing Elon Musk 'Dick Pic' During Meeting James Carville Reveals What Insiders Say About Trump\u2019s White House, And It\u2019s Bleak Judge Clears Way For Trump\u2019s Plan To Downsize Federal Workforce With Buyouts 2/16/25, 11:45 Want to Apologize to West Point | HuffPost Latest News 17/21 Trump Thinks Displacing Palestinians During Gaza Rebuild Would Be 'More Majestic' Musk Claims To Know The Net Worths Of Federal Employees \u2013 But How? Some Hospitals Are Being Called Out For Already Bending To Trump's Orders Oregon Representative's Flub During Union Rally: 'We Have To F**k Trump' Democratic Sen. John Fetterman: 'There Isn't Constitutional Crisis' 2/16/25, 11:45 Want to Apologize to West Point | HuffPost Latest News 18/21 Karoline Leavitt Falsely Says 'Constitutional Crisis' Is Coming From Judges White House Defends Barring From Press Events Over 'Gulf Of America' Decision Social Media Reacts To Tulsi Gabbard's Confirmation As National Intelligence Director Trump Mocked After Blaming Bad Inflation Report On Biden Sen. Chuck Grassley Says Trump Isn't Following The Law 2/16/25, 11:45 Want to Apologize to West Point | HuffPost Latest News 19/21 House Republicans Eye Big Cuts To Medicaid And Food Assistance Marjorie Taylor Greene Defends Trump Move In The Most Bizarre Way Donald Trump Working To Make Corruption Great Again Senate Confirms Tulsi Gabbard As Trump's Director Of National Intelligence Family Of Black Woman Shot By Deputy Accepts $10M Settlement 2/16/25, 11:45 Want to Apologize to West Point | HuffPost Latest News 20/21 Part of HuffPost Politics. \u00a92025 BuzzFeed, Inc. All rights reserved. The Huffington Post 2/16/25, 11:45 Want to Apologize to West Point | HuffPost Latest News 21/21", "7616_103.pdf": "West Point [ lawyers.usattorneys.com/] \u2013 The head of West Point\u2019s history department has resigned after an investigation into allegations that he sexually harassed women under his command. Col. Matthew Moten was accused of trying to kiss and touch subordinate females and wives of subordinate officers, the Army Times.com reported [ . The allegations surfaced during sensing sessions at the college, and later during a sexual assault and training session, which then prompted an investigation, the website reported. Lt. Col. Webster Wright, a spokesman for West Point, would not reveal any details of the allegations against Col. Moten, only characterizing his behavior as \u201cmisconduct,\u201d according to the Army Times. Wright also said that Col. Moten has not been accused of sexual assault and is not facing criminal charges. Col. Moten agreed to resign after the investigation concluded in late August Search \ue803 Sexual Harassment in Housing: Boston, Massachusetts Case Ends in $4 Million Award!\u201d May 22, 2024 - 1:51 pm Legal Repercussions of Workplace Harassment in New Orleans, Louisiana City Council May 22, 2024 - 1:46 pm Justice for Victims in Boston, Massachusetts Sober Homes Case May 21, 2024 - 6:33 pm Home About Exclusive Areas Articles Contact 800-672-3103 Advertise \ue859 2/16/25, 11:45 History Professor at West Point Dismissed over Allegations of Sexual Harassment | USAttorneys.com 1/8 This is the third of recent sexual misconduct scandals to surface at the West Point Academy. In May, a non-commissioned officer was accused of filming nude female cadets without their consent. Around the same time the academy\u2019s rugby team was reprimanded over a chain email that denigrated females at the academy. Col. Moten\u2019s resignation comes less than month after Defense Secretary Chuck Hagel introduced the military\u2019s plan to address sexual assault and harassment in the military. Moten will retire without his honorary general\u2019s star which is typically given to retiring department heads at the academy, according to the Army Times. In May of this year, the military was besieged with allegations that the military mishandled a number of sexual harassment and assault allegations among their ranks. This was the beginning of numerous committee hearings and forced the military to develop policies that will better address the rash of sexual misconduct complaints. The policies set forth by Defense Secretary Chuck Hagel were met with little fanfare and critics were less than impressed. Taryn Meeks president of sexual assault victim advocacy group Protect Our Defenders described the directives as \u201ctweaks to a broken system.\u201d The new policies will require the Defense Department to create legal advocacy groups in each branch of the military which will provide legal representation to victims and guide them through the judicial process of filing sexual assault and harassment complaints [ . Another change would make certain that pretrial investigations into sexual assault allegations are conducted by judge advocated generals. Also, commanders will be given the option of transferring or reassigning unit members who have been accused of a sex crime. To Congresswoman Kristin Gillibrand, who has been an outspoken critic of the military\u2019s sexual assault [ lawyers.usattorneys.com/] and harassment policies, the new directives are a step in the right direction, but not entirely adequate. Legal Responses to Des Moines, Iowa Harassment Case May 21, 2024 - 6:31 pm Addressing Minneapolis, Minnesota Sexual Harassment in University Settings May 16, 2024 - 11:24 am New Confidential Reporting for Navy Sexual Harassment In Annapolis, Maryland May 16, 2024 - 11:13 am Chicago, Illinois Legal Battles Escalate for Chicago Blackhawks May 16, 2024 - 11:06 am Tesla Settles Harassment Suit Amid Wider Palo Alto, California Legal Battles Home About Exclusive Areas Articles Contact 800-672-3103 Advertise \ue859 2/16/25, 11:45 History Professor at West Point Dismissed over Allegations of Sexual Harassment | USAttorneys.com 2/8 Share this entry \ue8f3 \ue932 \uf232 \ue8f8 \ue8fc \ue8fa \ue926 \ue927 \ue805 \u201cThe Pentagon taking action is a good thing and these are positive steps forward but it is not the leap forward required to solve the problem,\u201d said Sen. Kirsten Gillibrand, according to NBC, \u201cAs we have heard over and over again from the victims, and the top military leadership themselves, there is a lack of trust in the system that has a chilling effect on reporting 10, 2013 Founder of Charter School Faces Sexual Harassm Lawsuit Sioux City Manage Sexual Harassm Case Settled Town Adminis Assistan Files Sexual Harassm Lawsuit Against Former St. John Cop Transge Woman Alleges Sexual Assault in Correct Instituti Sexual Harassm Lawsuits Mistake Employe should Avoid Former Employe File Sexual Harassm Law Suit against Fireco Commo Ways Sexual Harassm Affects the Victim\u2019s Health Kentuck Restaura Chain Hit with Sexual Harassm Suit You might also like \ue836 \ue836 \ue836 \ue836 \ue836 \ue836 \ue836 \ue836 SEARCH\u2026 Search May 16, 2024 - 11 Legal Dynamics in Boston, Massachusetts\u2019s High-Profile Harassment Case May 16, 2024 - 9:44 am Exploring Legal Dynamics in Phoenix, Arizona\u2019s Policy Shifts May 14, 2024 - 9:21 am \ue803 Sexual Harassment in Housing: Boston, Massachusetts Case Ends in $4 Million Award!\u201d May 22, 2024 - 1:51 pm Legal Repercussions of Workplace Harassment in New Orleans, Home About Exclusive Areas Articles Contact 800-672-3103 Advertise \ue859 2/16/25, 11:45 History Professor at West Point Dismissed over Allegations of Sexual Harassment | USAttorneys.com 3/8 When an accident or any form of injustice is suffered, obtaining an attorney quickly is critical to ensuring a positive outcome for your case \u2013 Finding a Lawyer Should Be Simple Louisiana City Co May 22, 2024 - 1:4 Justice for Victim May 21, 2024 - 6:3 Legal Responses May 21, 2024 - 6:3 Addressing Minn May 16, 2024 - 11 New Confidentia May 16, 2024 - 11 Chicago, Illinois May 16, 2024 - 11 Tesla Settles Har May 16, 2024 - 11 Legal Dynamics i May 16, 2024 - 9:4 Exploring Legal May 14, 2024 - 9:2 Home About Exclusive Areas Articles Contact 800-672-3103 Advertise \ue859 2/16/25, 11:45 History Professor at West Point Dismissed over Allegations of Sexual Harassment | USAttorneys.com 4/8 and that\u2019s exactly what we\u2019re here to help you with. USAttorneys.com is your one-stop-shop to find any kind of lawyer you might need to assist you with your legal matters. We\u2019ve got you covered, whether you are seeking an accident attorney following a car crash, medical malpractice attorney after losing a loved one during surgery, or a tax attorney to fight back against the IRS. Free Answers Lawyers are ready to answer your question. Click Here Find a Lawyer Attorneys, Lawyers and Law Firms Click Here Home About Exclusive Areas Articles Contact 800-672-3103 Advertise \ue859 2/16/25, 11:45 History Professor at West Point Dismissed over Allegations of Sexual Harassment | USAttorneys.com 5/8 \ue805Free, Personalized Answers \uf103Find The Best Lawyer Home About Exclusive Areas Articles Contact 800-672-3103 Advertise \ue859 2/16/25, 11:45 History Professor at West Point Dismissed over Allegations of Sexual Harassment | USAttorneys.com 6/8 Home About Exclusive Areas Articles Contact 800-672-3103 Advertise \ue859 2/16/25, 11:45 History Professor at West Point Dismissed over Allegations of Sexual Harassment | USAttorneys.com 7/8 \u00a9 Copyright - Sexual Harassment Lawyers - USAttorneys Home About Exclusive Areas Articles Contact 800-672-3103 Advertise \ue859 2/16/25, 11:45 History Professor at West Point Dismissed over Allegations of Sexual Harassment | USAttorneys.com 8/8", "7616_104.pdf": "SEPT. 10, 2013 / 9:42 Sexual harassment charges end career of West Point professor POINT, N.Y., Sept. 10 (UPI) -- The U.S. Military Academy's history department head was reprimanded and removed for allegedly attempting to kiss and touch female subordinates, officials say. Col. Matthew Moten also allegedly attempted to kiss and touch the wives of subordinate officers, Army Times reported Monday. Moten was formally reprimanded in August following a two- month investigation, said Lt. Col. Webster Wright, a West Point spokesman. Moten voluntarily resigned and retired and does not face criminal charges, Wright added. Moten had been the head of the department at the academy in New York since 2006. Col. Ty Seidule was named his interim replacement. Read More \uf09a \uf02f \uf003 2/16/25, 11:45 West Point department head resigns over sexual harassment allegations - UPI.com 1/6 Off-campus house midshipmen used is a nuisance, neighbors say Hearing in Naval Academy rape case concludes Accuser in Naval Academy rape case ends 24 hours of testimony Judge won't separate trials in Naval Academy rape case Accuser in Naval Academy gang rape given day off from testimony U.S. News // 7 hours ago At least 9 people dead as winter weather batters nation Feb. 16 (UPI) -- Much of the country is bracing for yet another round of fierce winter weather with the latest front poised to belt the central and northeastern United States with snow, ice and dangerous winds. U.S. News // 6 hours ago scientists overseeing bird flu response are laid off Feb. 16 quarter of the personnel working in nearly 5 dozen U.S. laboratories trying to solve the latest avian influenza outbreak have been laid off as the Trump administration reduces the size of the federal workforce. U.S. News // 8 hours ago Divided appeals court denies White House's attempt to fire watchdog Feb. 16 divided federal appeals court has denied President Donald Trump's request to fire a federal official from a post overseeing enforcement of workplace protections for federal employees. Latest Headlines 2/16/25, 11:45 West Point department head resigns over sexual harassment allegations - UPI.com 2/6 U.S. News // 1 day ago Recent hires targeted for firings as part of workforce downsizing Feb. 15 (UPI) -- Workers hired within the past two years are among the likeliest to lose their jobs as the Department of Health and Human Services and other federal agencies have begun downsizing. U.S. News // 1 day ago No injuries reported as earthquakes rattle Southern California and West Texas Feb. 15 (UPI) -- Fire- and storm-ravaged Malibu, Calif., endured two relatively minor earthquakes followed by another in Idyllwild Saturday afternoon while West Texas recorded a 5.0 earthquake late Friday night. U.S. News // 1 day ago 5 charged with 'horrific' murder of transgender man in Upper New York Feb. 15 missing persons investigation has led to five people being charged with murder in the death of a transgender man from Minnesota named Sam Nordquist. U.S. News // 1 day ago Texas measles outbreak grows as cases appear in New Mexico Feb. 15 (UPI) -- Additional measles cases \"are likely to occur\" as an outbreak of the virus grows, the Texas Department of State Health Services said in its latest update. 2/16/25, 11:45 West Point department head resigns over sexual harassment allegations - UPI.com 3/6 U.S. News // 1 day ago Hezbollah supporters resume protests over Iran flight ban, Israeli- U.S. 'demands' BEIRUT, Lebanon, Feb. 15 (UPI) -- Hezbollah supporters demonstrated for the third consecutive day and tried to block the main road leading to the airport to denounce authorities for bowing to Israeli \"threats\" by prohibiting an Iranian plane from landing U.S. News // 2 days ago 7th U.S. prosecutor quits as seeks to drop charges against Mayor Eric Adams Feb. 14 seventh federal prosecutor resigned Friday after the Department of Justice ordered criminal corruption charges against New York Mayor Eric Adams dropped. U.S. News // 1 day ago Missouri court ruling paves the way for abortion access return Feb. 15 (UPI) -- Women in Missouri are expected to have access to abortion services within days, after a circuit court judge ruled business licenses imposed by the state on Planned Parenthood clinics were too onerous scientists overseeing bird flu response are laid off Trending Stories 2/16/25, 11:45 West Point department head resigns over sexual harassment allegations - UPI.com 4/6 \uf082 \uf081 \uf16d \uf08c \uf0d3 Divided appeals court denies White House's attempt to fire watchdog At least 9 people dead as winter weather batters nation Keir Starmer 'ready and willing' to put troops on the ground to guarantee security in Ukraine Rubio, Netanyahu united in freeing hostages, eradicating Hamas, dealing with Iran's dominance About Contact Corrections Advertisements Follow Us 2/16/25, 11:45 West Point department head resigns over sexual harassment allegations - UPI.com 5/6 Copyright \u00a9 2025 United Press International, Inc. All Rights Reserved. Terms of Use Privacy Policy 2/16/25, 11:45 West Point department head resigns over sexual harassment allegations - UPI.com 6/6"} |
7,863 | Brian Schaefer | University of Wisconsin – Oshkosh | [
"7863_101.pdf",
"7863_102.pdf"
] | {"7863_101.pdf": "( Records: UW-Oshkosh volleyball coach fired following sexual assault investigation Wisconsin Newspaper Association September 6, 2018 \u2013 Longtime, highly successful men\u2019s club volleyball coach Brian \u201cLumpy\u201d Schaefer was quietly fired from UW-Oshkosh after an investigation concluded he sexually harassed a player ( volleyball-coach-and-he-kept-coaching-elsewhere/1125370002/), the NETWORK-Wisconsin reported. The university announced Schaefer had \u201cstepped down to pursue other opportunities,\u201d reported Karen Herzog and Devi Shastri. The coach who replaced Schaefer \u2014 and supported the player who brought allegations against him \u2014 also spoke glowingly about Schaefer publicly. The Milwaukee Journal Sentinel obtained sexual harassment case records from across the System through a state open records request. The newspaper shared them with NETWORK-Wisconsin partners in campus communities, including the Stevens Point Journal, which then reported the accusations against former UW-Stevens Point assistant dean Shawn Wilson ( amid-2015-sexual-harassment-accusations-rehired-ot/607249002/). The Journal Sentinel obtained additional documents ( Uwcoach-Terminate.html#document/p1) this week about Schaefer\u2019s case. \u00bb Read story ( mens-volleyball-coach-and-he-kept-coaching-elsewhere/1125370002/) Openness Report ( ( \ue816 2/16/25, 11:46 Oshkosh volleyball coach fired after sexual assault investigation, records show 1/3 Register now for Student Jobs Fair at Convention ( convention/) UPDATE: Trump Administration pauses Canadian product tariffs, including newsprint ( administration-announces-canadian-product-tariffs-including-newsprint-coming- february-1/) ( product-tariffs-including-newsprint-coming-february-1/) ( 34 Schroeder Ct., Suite 220 Madison 53711 (608) 283-7620 Board of Directors Foundation Board Services Board Staff Contact Advertising Career Center Circulation Journalism Management Public Notices 2/16/25, 11:46 Oshkosh volleyball coach fired after sexual assault investigation, records show 2/3 \u00a9 Wisconsin Newspaper Association Better Newspaper Contest Convention Hall of Fame Civics Games Trees Retreat 2/16/25, 11:46 Oshkosh volleyball coach fired after sexual assault investigation, records show 3/3", "7863_102.pdf": "\uf16d \ue61b \uf39e Search Sunday, Feb. 16, 2025 Home News Sports Arts & Culture Opinion About Us Multimedia Archive \uf086 \uf164 1 \uf39e \ue61b \uf0e0 \uf02f Brian Schaefer News Spotlight Top Stories Schaefer admits to sexual harassment Former volleyball coach fired for inappropriate texts and behavior to athlete Natalie Dillon and | September 12, 2018 The Oshkosh former women\u2019s volleyball and men\u2019s club volleyball coach was fired Aug. 10, 2017 after an investigation found evidence to support a student\u2019s sexual harassment allegations, according to documents released by the University after the Advance-Titan filed a Freedom of Information Act request. Brian \u201cLumpy\u201d Schaefer was a University employee from Jan. 27, 1997 through Aug. 10, 2017. As the women\u2019s volleyball coach, he led the Titans to seven Wisconsin Intercollegiate Athletic Conference championships and eight National Collegiate Athletic Association tournament appearances, including a third and fifth-place finish. For the men\u2019s Division club volleyball team, he compiled a .826 winning percentage over the span of 17 years. One of Schaefer\u2019s athletes filed a sexual harassment report against him with Dean of Students Art Munin on May 19, 2017. The report stated that Schaefer bought the student drinks, played a game called \u201cnut ball,\u201d texted him in a sexual manner and gifted him with a \u201cjerk off cloth.\u201d The student was accompanied by Laurie Ahrens, graduation project coordinator and adviser, and Will Brydon, Division men\u2019s club volleyball coach, according to the official incident report. \uf086 \uf164 1 \uf39e \ue61b \uf0e0 \uf02f Ahrens declined to comment.\u201cIt is not something will discuss,\u201d Ahrens said. Munin directed all questions concerning Schaefer and the investigation to Kate McQuillan, chief of staff and records custodian. McQuillan provided the Advance-Titan an investigative case report, incident report filed by Munin and letters to Schaefer from the University. The student said in the report that Schaefer would \u201cregularly\u201d buy him and other players drinks. According to the report, Schaefer said he bought the players drinks because he thought of them as more than just athletes. \u201cBrian admits that he would buy drinks for [the student] and other players, but categorized it as \u2018occasionally,\u2019\u201d the report said. \u201cHe stated that the players were his friends.\u201d Eli Miller, a men\u2019s club volleyball player who was coached under Schaefer, confirmed this statement, saying Schaefer bought the players drinks after a win. \u201cWe went out together in times of celebration,\u201d Miller said. \u201cWin a match, we go out and he\u2019s there to celebrate with the boys.\u201d According to the court documents, when Schaefer provided alcohol, he sometimes asked the student to play a game of \u201cnut ball.\u201d The aim of the game was to throw a ball hard at the other player\u2019s groin, but Schaefer took it even further. \u201cHe asserts that Brian exposed his penis to him and asked him to throw the tennis ball at him,\u201d the report stated. In his statement, Schaefer said they played the game \u201croughly ten times,\u201d and felt the student was comfortable while doing so. \u201cBrian admits to showing [the student] his penis once when they were playing the game,\u201d the report stated. In another sexually explicit incident, Schaefer gave the athlete a \u201cjerk off cloth.\u201d At first, the student didn\u2019t know what the item was but \u201cBrian admits to giving [the student] the \u2018jerk off cloth,\u2019\u201d Schaefer\u2019s statement in the report read. \u201cBrian asserts that they had talked about the \u2018jerk off cloth\u2019 before, so [the student] would have known what it was and what it was for.\u201d \u201cHe asked Brian what it was for, and Brian responded, \u2018let me show you,\u2019\u201d the investigation stated. Schaefer said the student should have been familiar with the gift i d it t i i [th t d t] th \u2018j k ff l th h f \u2019 t t t i th t \uf086 \uf164 1 \uf39e \ue61b \uf0e0 \uf02f \u201cBrian admits to giving [the student] the \u2018jerk off cloth,\u2019\u201d Schaefer\u2019s statement in the report read. \u201cBrian asserts that they had talked about the \u2018jerk off cloth\u2019 before, so [the student] would have known what it was and what it was for.\u201d Besides practices, Schaefer and the student spent time together at the student\u2019s apartment and often spent the night. \u201c[The roommate] confirms that Brian was at the apartment more than would be considered normal,\u201d the roommate\u2019s witness statement read. \u201c[The roommate] also said that it was not uncommon for him to wake up to Brian on their sofa, so often that he \u2018kind of got annoyed that his coach was sleeping on his sofa.\u2019\u201d The student\u2019s place wasn\u2019t the only apartment Schaefer slept at, however. Miller said if Schaefer needed a place to stay, he offered his room up. \u201cHe airBNBs his house,\u201d Miller said was always out of town said, \u2018You can go use my room.\u2019 He always left my room cleaner than when he came.\u201d Schaefer and the student communicated face-to-face at practice and through texting. However, the frequency and type of communication made them feel \u201cuncomfortable,\u201d the student said. Brian would ask if they could masturbate in each other\u2019s presence,\u201d the report stated. \u201cBrian would say they could \u2018race\u2019 to see who could \u2018get done first.\u2019\u201d According to the report, Schaefer said they texted so much because that\u2019s typical of best friends who talk and tell each other everything. Schaefer said there was attraction and a deep connection at the culmination of this relationship. \u201cBrian admits that he did tell [the student] he was bisexual and \u2018could not see his life without him,\u2019\u201d Schaefer\u2019s statement read. \u201cBrian reports confessing this to [the student] because he felt like he could confide in him. Brian asserts that he knows his relationship with [the student] crossed the line but that he just wanted to help [the student] and considered him to be his best friend.\u201d Miller, on the other hand, said he thinks of Schaefer as a friend and spent time with him outside of volleyball. \u201cHe\u2019s more of a brother than a coach,\u201d Miller said, adding that Schaefer taught him how to be \uf086 \uf164 1 \uf39e \ue61b \uf0e0 \uf02f St i Fond du Lac man St t ildi a better person. \u201cHe gives everybody a chance,\u201d Miller said. \u201cHe teaches them how to be a kinder, smarter and better human.\u201d Miller also said that Schaefer was an \u201camazing friend\u201d who changed the lives of many people through 10 national championships, and many state and conference championships keep up with him every day. We even lifted together for a long time. I\u2019m really close to him.\u201d Although Miller was willing to talk about his former coach, other players declined to comment try not to affiliate myself with Lumpy anymore,\u201d one athlete said. \u201cHe did some bad things and try to keep myself from the situation.\u201d Jon Ellman, the current women\u2019s volleyball head coach, directed all questions to Athletic Director Darryl Sims. Sims declined to comment as well, but directed questions to Mandy Potts, director of communications. Potts did not comment on Schaefer\u2019s specific case, but said the University followed protocol on the case. \u201cEvery disciplinary case at Oshkosh is handled on a case-by-case basis depending on the facts presented,\u201d Potts said. \u201cIn relation to this specific situation Oshkosh followed policy and procedures for addressing sexual harassment and/or sexual violence. If students, faculty or staff who are part of the Oshkosh community have or are experiencing sexual harassment or assault, we encourage reporting and stand ready to support.\u201d Schaefer did not respond to phone calls and voicemails. Leave a Comment News \uf086 \uf164 1 \uf39e \ue61b \uf0e0 \uf02f Spring primary election preview Sturgeon spearing season begins with truck falling through ice Fond du Lac man dies after falling through ice on Lake Winnebago State Building Commission approves renovations to Arts and Communication Center Music Hall Man arrested for starting fire at U.S. Rep. Glenn Grothman\u2019s office Women\u2019s basketball begins season 7-0 Baldwin respects students Don\u2019t read this at night: Haunted campus hotspots With Halloween upon us, many are more excited than they are scared for the Hallo-weekend festivities. However, Oshkosh isn\u2019t all treats \u2014 it has s... Bernie Sanders visits has largest single-day drug bust Spotlight The Advance-Titan Independent Student Newspape\u2026 \uf39e \uf16d \ue61b Enter Search Term Home News Sports Arts & Culture \uf086 \uf164 1 \uf39e \ue61b \uf0e0 \uf02f The Advance-Titan \u2022 \u00a9 2025 The Advance-Titan, 800 Algoma Blvd, Oshkosh 54901 \u2022 Privacy Policy Pro WordPress Theme by \u2022 Log in \uf086 \uf164 1 \uf39e \ue61b \uf0e0 \uf02f"} |
8,924 | Riccardo DeSalvo | California State University - Los Angeles | [
"8924_101.pdf"
] | {"8924_101.pdf": "- Summary Report for EdSource - Non-Mgmt p. 1 File Text Pages Notes Search Sections Fit width Page 1 of 1 - Summary R... Sign in \ud83c\uddfa\ud83c\uddf8 Feedback Download File Share & Embed View in Legacy DocumentCloud contributed by Daniel Willis (EdSource) created on 8/1/2022 last updated on 8/1/2022 language English 2/16/25, 11:46 - Summary Report for EdSource - Non-Mgmt | DocumentCloud 1/1"} |
7,284 | Louis Burnett | College of Charleston | [] | {} |
9,026 | Thomas Wilson | South Carolina State University | [
"9026_101.pdf",
"9026_102.pdf"
] | {"9026_101.pdf": "v. of whom South Carolina Insurance Reserve Fund, is Respondent. (2000) Court of Appeals of South Carolina. Thaje PADGETT, Appellant, v and Thomas Wilson, Defendants. of whom South Carolina Insurance Reserve Fund, is Respondent. No. 3166. Decided: May 22, 2000 John A. O'Leary, of O'Leary Associates; and Laura P. Valtorta, both of Columbia, for appellants. Andrew F. Lindemann and David L. Morrison, both of Davidson, Morrison & Lindemann, of Columbia, for respondent. In this declaratory judgment action, Thaje Padgett, a student at South Carolina State University, sought to determine whether a South Carolina Insurance Reserve Fund (IRF) policy covered sexual harassment and an assault committed against her by Thomas Wilson, a professor and department chair at the university. Both parties moved for summary judgment. The trial court denied Padgett's motion and granted the IRF's motion for summary judgement. Padgett appeals. We affirm. Facts On September 18, 1992, Wilson approached one of his students to engage in a conversation. Padgett was standing beside Wilson's student. Padgett alleged that Wilson \u201capproached her [during the conversation] and without her consent laid hands on her in a sexually coercive manner.\u201d \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/16/25, 11:47 v. of whom South Carolina Insurance Reserve Fund, is Respondent. (2000) | FindLaw 1/10 Padgett brought suit against Wilson in the United States District Court in January of 1993. She claimed battery, outrage, and violation of her constitutional rights under 42 U.S.C. \u00a7 1983 for the sexual harassment. The claim for outrage was dismissed, but the other claims were submitted to the jury. The jury returned a verdict in favor of Padgett and awarded her $2,500 actual damages for assault and battery; $2,500 actual damages for the sexual harassment claim; and $20,000 in punitive damages for the \u00a7 1983 claim, which would increase to $100,000 in the event that Wilson was insured judgment for $25,000 was entered on August 16, 1994. The issued a general tort liability policy to the named insured, South Carolina State University. Prior to the trial, attorneys for the participated fully in the discovery process. However, the determined Wilson was not an insured as defined by the policy and denied coverage. The IRF's attorneys did not participate any further in the trial. Wilson did not challenge this finding during the first trial, nor did he make any appearance in this declaratory judgment action. Padgett filed this declaratory judgment action to determine if coverage existed under the policy. Both parties filed summary judgment motions. Padgett's motion was denied by order filed May 21, 1996. The IRF's motion was granted by order dated September 3, 1997. Law/Analysis Summary judgment is appropriate when it is clear there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. In determining whether any triable issues of fact exist to preclude summary judgment, the evidence and all inferences which can be reasonably drawn therefrom must be viewed in the light most favorable to the nonmoving party. Strother v. Lexington County Recreation Comm'n, 332 S.C. 54, 504 S.E.2d 117 (1998). If any triable factual issues exist, those issues must go to the jury. Rothrock v. Copeland, 305 S.C. 402, 409 S.E.2d 366 (1991). Because it is a drastic remedy, summary judgment should be cautiously invoked so no person will be improperly deprived of a trial of the disputed factual issues. Baughman v. American Tel. and Tel. Co., 306 S.C. 101, 410 S.E.2d 537 (1991). Scope of Official Duties Under Policy Padgett argues Wilson meets the definition of an \u201cinsured\u201d under the general tort liability policy. She argues Wilson was acting in the scope of his official duties when he committed the battery and sexual assault. We disagree. The policy contains the following definition of \u201cPersons Insured\u201d Any employee of the entity designated in the declaration as \u201cnamed insured\u201d is an insured, but only while the employee is acting in the scope of his or her official duties. (Emphasis in original.) 2/16/25, 11:47 v. of whom South Carolina Insurance Reserve Fund, is Respondent. (2000) | FindLaw 2/10 Under this definition, Wilson only qualifies for coverage when his actions are in the \u201cscope of his official duties.\u201d Under the South Carolina Tort Claims Act, a government employee acts \u201cwithin the scope of his official duty\u201d when the employee is (1) \u201cacting in and about the official business of the government entity,\u201d and (2) \u201cperforming official duties.\u201d S.C.Code Ann. \u00a7 15-78-30(i) (1977 & Supp.1999).1 What is within the scope of employment may be determined by implication from the circumstances of the case. One factor is whether the employee was acting in furtherance of the employer's business when the accident happened\u2024 An act falls within the scope of the servant's employment if it was reasonably necessary to accomplish the purpose of the servant's employment, and it was done in furtherance of the master's business. Wade v. Berkeley County, 330 S.C. 311, 319, 498 S.E.2d 684, 688 (Ct.App.1998) (citations omitted). Wilson's actions in this case were not within the scope of his official duties. Cf. Loadholt v. South Carolina Budget & Control Bd., 339 S.C. 165, 528 S.E.2d 670 (Ct.App.2000) (sexual misconduct of sheriff with department employees, after summoning employees into his office under pretext of discussing jail or departmental business, outside scope of official duties and not covered by policy); Doe v. South Carolina Budget & Control Bd., 329 S.C. 214, 494 S.E.2d 469 (Ct.App.1997), aff'd 337 S.C. 294, 523 S.E.2d 457 (1999) (police officer who stopped female motorists on suspicion of and gave them the option of being arrested or providing sexual favors acted outside scope of official duties). Wilson was not providing instruction, acting in his capacity as a faculty member, or furthering Padgett's education. In fact, Padgett was not even a student of Wilson's, nor did she know who he was until after the incident. Padgett argues Wilson's scope of official duties should be construed broadly due to the relationship between students and professors. She maintains professors are intimately involved in the lives of the students, acting as counselors, advisors, and consolers. She further opines that Wilson's mingling with students in the lobby was within the scope of his duties, since professors must maintain working relationships with students. Even under this broad scope of duties, Wilson's actions against Padgett were outside the scope of his official duties. See Doe, 329 S.C. at 220, 494 S.E.2d at 472 (citing South Carolina Med. Malpractice Liab. Ins. Joint Underwriting Ass'n v. Ferry, 291 S.C. 460, 463, 354 S.E.2d 378, 381 (1987)) (stating the scope of an employee's duties does not include all forms of conduct engaged in by members of the employee's profession). Ambiguity in Insurance Contract Padgett next argues the contract contains ambiguities which should be construed in favor of providing coverage for Wilson's acts contract is ambiguous only when it may fairly and reasonably be understood in more ways than one. Where the language of a contract is plain and capable of legal construction, that language alone determines the instrument's force and effect.\u201d Jordan v. Security Group, Inc., 311 S.C. 227, 230, 428 S.E.2d 705, 707 (1993) (citations omitted). 2/16/25, 11:47 v. of whom South Carolina Insurance Reserve Fund, is Respondent. (2000) | FindLaw 3/10 The alleged ambiguity arises when the policy's definition of personal injury is compared with the definition of persons insured. The policy defines personal injury to include injury arising out of \u201cdiscrimination on the basis of race, sex, age, religion or handicap.\u201d Wilson argues the policy's coverage of discrimination is inconsistent with the definition of \u201cpersons insured\u201d because under a restrictive definition of persons insured, discrimination would always be outside the scope of the employee's official duties. She maintains this creates a discrepancy that mandates a broader definition of \u201cpersons insured\u201d so as to provide coverage for Wilson's actions. We disagree. The policy's coverage of discrimination is not inconsistent with its definition of an insured because discrimination may be alleged where an employee has acted within the scope of his or her official duties. For example, if a person charged with making personnel decisions is accused of discriminating in hiring or firing someone, the alleged discrimination falls within the scope of that person's official duties. Additionally, the policy covers the University as a separate entity. The University would be insured against the discrimination committed by its employees. The policy is not ambiguous. Because Wilson's actions were outside the scope of his official duties and the policy is unambiguous, the decision of the trial court is 1. The changed the policy definition of \u201cinsured\u201d in response to South Carolina Budget and Control Board v. Prince, 304 S.C. 241, 403 S.E.2d 643 (1991). When Prince was decided, the policy covered employees acting \u201cin the course of employment.\u201d Our supreme court held the policy's coverage of employees \u201cin the course of employment\u201d was broader than the Tort Claims Act's coverage of employees acting \u201cin the scope of official duty.\u201d Id. The amended its insurance policy, effective January 1, 1991, to mirror the Tort Claims Act by covering a State employee \u201conly while \u2024 acting in the scope of his or her official duties.\u201d Therefore, the definition of \u201cscope of official duty\u201d in the Tort Claims Act is useful in determining the phrase's meaning under the policy and SHULER, JJ., concur. Was this helpful? Yes No 2/16/25, 11:47 v. of whom South Carolina Insurance Reserve Fund, is Respondent. (2000) | FindLaw 4/10 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. of whom South Carolina Insurance Reserve Fund, is Respondent. (2000) Docket No: No. 3166. Decided: May 22, 2000 Court: Court of Appeals of South Carolina. 2/16/25, 11:47 v. of whom South Carolina Insurance Reserve Fund, is Respondent. (2000) | FindLaw 5/10 Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer \uf105 \uf105Practice Management \uf105Legal Technology \uf105Law Students Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 For Legal Professionals 2/16/25, 11:47 v. of whom South Carolina Insurance Reserve Fund, is Respondent. (2000) | FindLaw 6/10 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 * 2/16/25, 11:47 v. of whom South Carolina Insurance Reserve Fund, is Respondent. (2000) | FindLaw 7/10 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 2/16/25, 11:47 v. of whom South Carolina Insurance Reserve Fund, is Respondent. (2000) | FindLaw 8/10 Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer Questions? At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Contact us. Stay up-to-date with how the law affects your life. Sign up for our consumer newsletter \uf105 Our Team Accessibility Contact Us \uf105 By Location By Legal Issue By Lawyer Profiles Legal Forms & Services Learn About the Law State Laws U.S. Caselaw U.S. Codes Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 2/16/25, 11:47 v. of whom South Carolina Insurance Reserve Fund, is Respondent. (2000) | FindLaw 9/10 US: \uf09a \uf16a \uf16d By Name Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > | Privacy > | Disclaimer > | Cookies > 2/16/25, 11:47 v. of whom South Carolina Insurance Reserve Fund, is Respondent. (2000) | FindLaw 10/10", "9026_102.pdf": "Parks v. Wilson, 872 F. Supp. 1467 (D.S.C. 1995 District Court for the District of South Carolina - 872 F. Supp. 1467 (D.S.C. 1995) January 11, 1995 872 F. Supp. 1467 (1995) Shauna D. PARKS, Plaintiff, v. Thomas WILSON, Defendant. Civ. A. No. 2:93-0042-22B. United States District Court, D. South Carolina, Charleston Division. January 11, 1995. *1468 John A. O'Leary, Laura Puccia Valtorta, Columbia, SC, for plaintiff. Joseph Matthew McCulloch, Jr., Columbia, SC, for defendant WEXLER, Visiting District Judge. Shauna D. Parks (\"plaintiff\") and Thaje R. Padgett, students at South Carolina State University (the \"University\"), brought suit, pursuant to 42 U.S.C. \u00a7 1983, alleging that, inter alia, the University, Dr. Thomas Wilson (\"defendant\"), and various other individuals, 2/16/25, 11:47 Parks v. Wilson, 872 F. Supp. 1467 (D.S.C. 1995) :: Justia 1/5 caused them to be subjected to sexual harassment in violation of rights guaranteed them by the United States Constitution. The Court, by order dated June 9, 1994, severed the claims of plaintiff and Ms. Padgett. Plaintiff's claims were dismissed against the University and all individuals except defendant; a trial on the claim against defendant commenced on January 5, 1995. At the close of plaintiff's case, the Court denied defendant's motion for a directed verdict. The Court provides this writing in support thereof and to precisely identify the constitutional right involved brief summary of plaintiff's direct case is necessary. Plaintiff was a graduate student in the Department of Human Services (the \"Department\") at the University. In order to graduate, she was required to pass an examination. She took the examination, which was graded by two assistant professors. After being informed by one of the professors that she had failed the examination, plaintiff approached defendant, the chairman of the Department, and asked to see her examination paper. Defendant did not show her the paper; apparently, it had been misplaced. Plaintiff testified that defendant told her that she would need to have sexual intercourse with him in order to graduate. She did not have sexual intercourse with defendant, *1469 but she agreed to allow him to take photographs of her in the nude. The two arranged to meet at defendant's rented home. Plaintiff appeared at the home on the appointed date with her father, now deceased, secreted away in the back seat of her car. When defendant met her at the car, the father emerged from the car to defendant's surprise. At that point, according to plaintiff's testimony, defendant exclaimed give up. You graduate. You graduate.\" Plaintiff claims that she was repeatedly and systematically subjected to unwelcome sexual harassment by defendant in violation of her constitutional rights guaranteed by the First, Fourth, Fifth, and Fourteenth Amendments. She seeks federal relief pursuant to \u00a7 1983 In order to properly present a claim under \u00a7 1983 , a plaintiff must establish: (1) that the defendant acted under color of state law; (2) that, by those actions, the defendant intentionally deprived plaintiff of a right protected under the Constitution or laws of the [1] 2/16/25, 11:47 Parks v. Wilson, 872 F. Supp. 1467 (D.S.C. 1995) :: Justia 2/5 United States; and (3) that the defendant's actions were the proximate cause of the deprivation. In the instant case, the Court ruled, by order dated June 9, 1994, that plaintiff satisfied the first element i.e., that defendant was clothed with state authority when he acted. The second element requires discussion. The equal protection clause of the Fourteenth Amendment confers a right to be free from gender discrimination that is not substantially related to important governmental objectives. Beardsley v. Webb, 30 F.3d 524, 529 (4th Cir. 1994) (citing Davis v. Passman, 442 U.S. 228, 234-35, 99 S. Ct. 2264, 2271-72, 60 L. Ed. 2d 846 (1979)). The Fourth Circuit has held that \"intentional sexual harassment of employees by persons acting under color of state law violates the Fourteenth Amendment and is actionable under \u00a7 1983.\" Id. (citing Pontarelli v. Stone, 930 F.2d 104, 113-14 (1st Cir.1991), and Bohen v. City of East Chicago, 799 F.2d 1180, 1185 (7th Cir.1986)) (emphasis added). The Supreme Court has provided a framework for determining whether an employer's acts constitute impermissible sexual harassment under Title VII, and the Fourth Circuit has held that those standards may be used in \"similar\" litigation under \u00a7 1983, id. (citing Boutros v. Canton Regional Transit Auth., 997 F.2d 198, 202-03 (6th Cir.1993), and Trautvetter v. Quick, 916 F.2d 1140, 1149 (7th Cir.1990)). It is not clear, however, whether the Fourth Circuit intended, by use of the word \"similar,\" to include non-employment litigation under \u00a7 1983. The issues presented by defendant's motion for directed verdict are: (1) whether an action lies under \u00a7 1983 for redress of sexual harassment by a state actor who is not an employer, and, if so, (2) whether the standards developed in Title litigation are appropriate guideposts for determining whether sexual harassment outside the work place is unconstitutional. The Court answers both questions in the affirmative. As to the first issue, the Fifth Circuit has stated: Sexual harassment is a form of sexual discrimination proscribed by the equal protection clause. Although most of the cases on this subject arise in the context of harassment in the work place, there is no meaningful distinction between the work environment and school environment which would forbid such discrimination in the former context and tolerate it in the latter. Women need not endure sexual harassment by state actors under any circumstance, the school setting included. 2/16/25, 11:47 Parks v. Wilson, 872 F. Supp. 1467 (D.S.C. 1995) :: Justia 3/5 Doe v. Taylor Indep. School Dist., 975 F.2d 137, 149 (5th Cir.1992) (citation omitted). *1470 The Court agrees with that conclusion plaintiff may bring an action, pursuant to \u00a7 1983, against a school official, acting under color of state law, for sexual harassment that violates rights protected by the equal protection clause. Plaintiff must, of course, show that the sexual harassment rose to the level of a constitutional violation. The Fourth Circuit has held that conduct of an employer, acting under color of state law, violates rights protected by the equal protection clause where it is \"`sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment.'\" Beardsley, 30 F.3d at 529 (quoting Meritor Sav. Bank v. Vinson, 477 U.S. 57, 67, 106 S. Ct. 2399, 2405, 91 L. Ed. 2d 49 (1986)). Whether the discriminatory conduct meets this threshold must be determined by \"`looking at all the circumstances [including its] frequency; its severity; whether it is physically threatening or humiliating, or whether it unreasonably interferes with the employee's work performance.'\" Id. (quoting Harris v. Forklift Sys., Inc., ___ U.S. ___, ___, 114 S. Ct. 367, 371, 126 L. Ed. 2d 295 (1993)). The Supreme Court articulated this standard to advance \"Title VII's broad rule of workplace equality.\" Harris v. Forklift Sys., Inc., ___ U.S. ___, ___, 114 S. Ct. 367, 371, 126 L. Ed. 2d 295 (1993). The policies underlying that \"broad rule\" support with equal force imposition of the same standard in the school setting student's experience in school depends on the conduct of the faculty and administration in the same way an employee's experience in the work place depends on the conduct of the employer professor or administrator, like an employer, possesses authority over students, which if inappropriately wielded, may create a hostile or abusive environment in school. Such an environment is as detrimental to a student's well being as it is to an employee's: just as it may impede advancement at the office, it may impede success in the classroom; just as it may erode harmony in the work place, it may thwart exchange of ideas in the school; just as it may humiliate an employee before her peers, it may humiliate a student before her peers. As to the second issue presented above, the Court concludes that it is appropriate to use the standard developed in Title litigation for determining whether sexual harassment in a school setting rises to the level of a constitutional deprivation. Based on that standard, plaintiff presented sufficient evidence of sexual harassment during her direct case to withstand defendant's motion for a directed verdict. Plaintiff also presented sufficient evidence on the third and final element of her \u00a7 1983 claim i.e., that defendant's acts were the proximate cause of her injuries to withstand the motion. 2/16/25, 11:47 Parks v. Wilson, 872 F. Supp. 1467 (D.S.C. 1995) :: Justia 4/5 For the above reasons, plaintiff properly presented a claim, pursuant to \u00a7 1983, for violations under the equal protection clause. Defendant's motion for directed verdict is denied [1] The portion of the Civil Rights Act of 1871 currently codified as Section 1983 of Title 42 of the United States Code reads as follows: Every person who, under color of any statute, ordinance, regulation, custom or usage of any State or Territory or the District of Columbia, subjects or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges or immunity secured by the Constitution and laws, shall be liable to the party injured in an action at law ... for redress. 42 U.S.C. \u00a7 1983 (1983). 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. 2/16/25, 11:47 Parks v. Wilson, 872 F. Supp. 1467 (D.S.C. 1995) :: Justia 5/5"} |
7,669 | Geoff Marcy | University of California – Berkeley | [
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] | {"7669_101.pdf": "Geoffrey Marcy Marcy in 2007 Born Geoffrey William Marcy September 29, 1954 St. Clair Shores, Michigan, U.S.[3] Alma mater University of California, Los Angeles (B.A.) University of California, Santa Cruz (Ph.D.) Known for Exoplanet discoveries Awards Henry Draper Medal (2001) Beatrice M. Tinsley Prize (2002) Shaw Prize (2005) Scientific career Fields Astronomy, astrophysics Institutions Carnegie Institution for Science San Francisco State University University of California, Berkeley Doctoral advisors George H. Herbig[1] and Steven S. Vogt[2] Geoffrey Marcy Geoffrey William Marcy (born September 29, 1954) is an American astronomer. He was an early influence in the field of exoplanet detection, discovery, and characterization. Marcy was a professor of astronomy at the University of California, Berkeley, and an adjunct professor of physics and astronomy at San Francisco State University. Marcy and his research teams discovered many extrasolar planets, including 70 out of the first 100 known exoplanets[4] and also the first planetary system around a Sun-like star, Upsilon Andromedae.[5][6] Marcy was a co-investigator on the Kepler space telescope mission.[7] His collaborators have included R. Paul Butler, Debra Fischer and Steven S. Vogt, Jason Wright, Andrew Howard, Katie Peek, John Johnson, Erik Petigura, Lauren Weiss, Lea Hirsch and the Kepler Science Team.[3][8][7] Following an investigation for sexual harassment in 2015, Marcy resigned his position at the University of California, Berkeley.[9][10] Marcy graduated from Granada Hills High School in Granada Hills, California, in 1972.[1] He graduated with a Bachelor of Arts summa cum laude with a double major in physics and astronomy from the University of California, Los Angeles, in 1976.[11] He then completed a doctorate in astronomy in 1982 at the University of California, Santa Cruz,[12] with much of his work done at Lick Observatory. Marcy has held teaching and research positions, first at the Carnegie Institution of Washington (then the Mt. Wilson and Las Campanas Observatories) as a Carnegie fellow from 1982 to 1984.[1] He then worked as an associate professor of physics and astronomy from 1984 to 1996 and then as a distinguished university professor from 1997 to 1999 at the San Francisco State University.[13] Early life and education Academic career Marcy was a professor of astronomy and the Watson and Marilyn Alberts Chair for SETI[3][14] at the University of California, Berkeley, from 1999 through 2015. From 2000 to 2012, he was the director of Berkeley's Center for Integrative Planetary Science. Marcy was also one of the project leaders of the Breakthrough Initiatives that will search for intelligent life in the universe, using large radio and optical telescopes.[15][16] Marcy and his team confirmed Michel Mayor and Didier Queloz's discovery of the first extrasolar planet orbiting a Sun-like star\u201451 Pegasi b.[17] Two months later, Marcy and his team announced the discovery of two additional planets around 47 Ursae Majoris[18] and 70 Virginis.[19] Other achievements include discovering the first multiple planet system around a star similar to our own (Upsilon Andromedae),[5][6] the first transiting planet around another star, simultaneously with David Charbonneau and Timothy Brown (HD209458b), the first extrasolar planet orbiting beyond five (55 Cancri d),[20] and the first Neptune-sized planets (Gliese 436b and 55 Cancri e).[21] Marcy was a co-investigator of the Kepler mission[7] that discovered over 4000 exoplanets, most being smaller than four times the size of Earth. His team, led by Erik Petigura and Andrew Howard, showed that approximately 20% of Sun-like stars have a planet of one to two times the size of Earth and receive incident stellar light within a factor of four of the light the Earth receives from the Sun, making them warm planets, many of which accommodate liquid water.[22] In May 2017, Marcy co-authored studies related to laser light emissions from stars, as a way of detecting technology-related signals from an alien civilization. The study included Tabby's Star 8462852), an oddly dimming star whose unusual light fluctuations may be the result of interference by an artificial megastructure, such as a Dyson swarm, made by such a civilization. No evidence was found for technology-related signals from Tabby's Star in the studies.[23][24] In 2021, Marcy's membership in the National Academy of Sciences was rescinded.[25 six-month investigation by the University of California, Berkeley, Title office concluded in 2015 with the finding that Geoffrey Marcy had violated the university's sexual harassment policy[26] between 2001 and 2010.[27][28][29] Four complaints were filed with the university's Title office, one of which Marcy denied.[30] As a consequence, the university \"imposed real consequences on Professor Geoff Marcy by establishing a zero tolerance policy regarding future behavior and by stripping him of the procedural protections that all other faculty members enjoy\".[31] At least three additional allegations had been made against Marcy as early as 1995 while he was at San Francisco State University, as corroborated by Penny Nixon, then SFSU's sexual harassment officer.[32 former graduate student of Marcy, now faculty member at Harvard, called Marcy's harassing behavior an \"open secret\" in the astronomy community.[28] Marcy's alleged actions included unwanted massages, kisses, and groping.[28] Later career Sexual harassment On October 7, 2015, Geoff Marcy posted an \"Open Letter to the Astronomy Community\" stating \"While do not agree with each complaint that was made, it is clear that my behavior was unwelcomed by some women take full responsibility and hold myself completely accountable for my actions and the impact they had. For that and to the women affected sincerely apologize.\"[33] On October 12, 2015, the Berkeley Astronomy Department met and released a statement asserting that Marcy was \"inadequately disciplined\"[31] by the university, and \"we believe that Geoff Marcy cannot perform the functions of a faculty member.\"[34][35] On the same day, Marcy resigned as principal investigator of the Breakthrough Listen project.[36] Two days later, on October 14, 2015, he indicated his intention to step down from his professorship at Berkeley.[9][10] Marcy retained the title of emeritus despite his resignation.[37] In 2023, a paper co-authored by Marcy with the American Astronomical Society drew criticism from graduate students who had collected data for the project but were not offered co-authorship. As harassment, including sexual harassment, is not classified as research misconduct by the group, Marcy's name was not disincluded from the paper.[38] One of Marcy's junior collaborators in Sweden published an essay stating that she is subjected to harassment, bullying, and discrimination from the astronomy community for her decision to work with Marcy.[39] Marcy lives with his wife, Susan Kegley,[40] in California.[3] Earlier, and as a pioneer in the study of extrasolar planets, Marcy has been featured prominently in the media, including Time magazine,[41][42] The New York Times,[3][43] Astronomy magazine[44] and as a participant in various Nova episodes: \"Hunt for Alien Worlds\" (1997), \"Finding Life Beyond Earth\" (2012), \"Alien Planets Revealed\" (2014);[45] a Horizon episode: \"The Planet Hunters\" (1996) and History Channel programs: The Universe (2007). Marcy was also featured on News Nightline (October 20, 1995),[46] The MacNeil-Lehrer News Hour (January 18, 1996), The David Letterman Show (April 12, 2001), a Planetary Radio interview (2007)[47] and a National Academy of Sciences interview (2014).[48 News: \"Person of the Week\"' (January 26, 1996)[49] California Scientist of the Year (2000) Henry Draper Medal of the National Academy of Sciences with R. Paul Butler (2001)[50] Elected member of the National Academy of Sciences (2002)[51] Beatrice M. Tinsley Prize from the American Astronomical Society (2002 Medal for Exceptional Scientific Achievement (2003) Personal In the media Honors Discover magazine: Space Scientist of the Year (2003) Shaw Prize with Michel Mayor (2005)[52] On October 28, 2006, he received an honorary doctorate in science from the University of Delaware.[53] Carl Sagan Prize for Science Popularization from Wonderfest (2009)[54] Fellow of the American Academy of Arts and Sciences (2010)[55 Cozzarelli Prize recipient, with Erik Petigura and Andrew Howard (2013)[56] On June 9, 2012, he received an honorary doctorate in science from the University of Chicago. Named the 2015 Miller Senior Fellow of the Miller Institute at the University of California Berkeley.[57] List of stars with confirmed planets 1. \"Autobiography of Geoffrey Marcy\" ( wprize.org/en/shaw.php?tmp=3&twoid=52&threeid=64&fourid=112&fiveid=26). The Shaw Prize. Shaw Prize Foundation. Archived from the original ( &twoid=52&threeid=64&fourid=112&fiveid=26) on December 2, 2016. Retrieved August 22, 2015. 2. Tim Stephens (September 4, 2007). \"Major gift supports crucial piece of Automated Planet Finder\" ( University of California, Santa Cruz. Archived ( eb.archive.org/web/20201018204606/ from the original on October 18, 2020. Retrieved October 6, 2010. 3. Overbye, Dennis (May 12, 2013). \"Finder of New Worlds\" ( ience/finder-of-new-worlds.html). The New York Times. Archived ( 40517030523/ from the original on May 17, 2014. Retrieved May 13, 2014. 4. Marcy, G.W. (2014). \"Technology Enabling the First 100 Exoplanets Meeting Abstracts. 223: 91.03. Bibcode:2014AAS...223.9103M ( 5 Family of Giants: First System of Multiple Planets Found around a Sun-like Star\" ( chive.org/web/20100821190455/ 5apr99_1 Science News. NASA. Archived from the original ( nce-news/science-at-nasa/1999/ast15apr99_1/) on August 21, 2010. Retrieved August 16, 2015. 6 Public Affairs Press Release: First system of multiple planets found around a Sun-like star\" ( San Francisco State University. Public Affairs Office at San Francisco State University. Archived from the original ( on August 18, 2015. Retrieved August 16, 2015. 7. \"Kepler Team\" ( coi/geoffMarcy/). Kepler Search For Habitable Planets. Ames Research Center. April 10, 2015. Archived from the original ( on May 28, 2010. Retrieved August 18, 2015. 8. Lemonick, Michael (December 16, 2009). \"Super-Earth: Astronomers Find a Watery New Planet\" ( 7868,00.html). Time. Archived from the original ( 47868,00.html) on December 18, 2009. Retrieved December 17, 2009. See also References 9. Nanette Asimov (October 14, 2015). \"Embattled astronomer resigns from Berkeley post amid sex harassment scandal\" ( om-UC-Berkeley-post-6570702.php). San Francisco Chronicle. Archived ( web/20160702215022/ -UC-Berkeley-post-6570702.php) from the original on July 2, 2016. Retrieved October 14, 2015. 10. Overbye, Dennis (October 14, 2015). \"Geoffrey Marcy to Resign From Berkeley Astronomy Department\" ( y-astronomy-department.html). The New York Times. Archived ( 015193432/ stronomy-department.html) from the original on October 15, 2015. Retrieved October 15, 2015. 11 Spotlight\" ( mni/geof-marcy_astro/). Spotlight.ucla.com Marketing and Communications. Archived from the original ( on August 20, 2015. Retrieved August 17, 2015. 12. \"Alumni Achievement Award\" ( u/association/awards-programs/alumni-achievement-award.html). University of California Santa Cruz Alumni. Regents of the University of California. Archived from the original ( edu/association/awards-programs/alumni-achievement-award.html) on August 31, 2015. Retrieved August 17, 2015. 13. \"Multiple planets discovered around Upsilon Andromeda\" ( d_pr.html). Harvard-Smithsonain Center for Astrophysics. Retrieved August 24, 2015. 14. Dvorsky, George (June 8, 2012). \"Meet SETI's new boss: Geoff Marcy, the planet hunter\" ( 9.com/5916758/meet-setis-new-boss-geoff-marcy-the-planet-hunter). Archived ( e.org/web/20120610195321/ hunter) from the original on June 10, 2012. Retrieved June 14, 2012. 15. \"Leaders\" ( aders). Breakthrough Initiatives. Breakthrough Prize Foundation. Archived from the original (http:// on August 27, 2015. Retrieved August 24, 2015. 16. \"Yuri Milner and Stephen Hawking Announce $100 Million Breakthrough Initiative to Dramatically Accelerate Search for Intelligent Life in the Universe\" ( s/1). Breakthrough Initiatives. Archived ( breakthroughinitiatives.org/News/1) from the original on March 6, 2020. Retrieved August 17, 2015. 17. Marcy, G.W.; Butler, R.P.; Williams, E. (1997). \"The Planet around 51 Pegasi\" ( 086%2F304088). Astrophys. J. 481 (926): 926\u2013935. Bibcode:1997ApJ...481..926M ( abs.harvard.edu/abs/1997ApJ...481..926M). doi:10.1086/304088 ( 88). 18. Butler, Paul; Marcy, Geoffrey (1996 Planet Orbiting 47 Uma\" ( 02). Astrophysical Journal. 464 (2): L153. Bibcode:1996ApJ...464L.153B ( d.edu/abs/1996ApJ...464L.153B). doi:10.1086/310102 ( 19. Marcy, Geoffrey; Butler, Paul (1996 Planetary Companion to 70 Virginis\" ( 86%2F310096). Astrophysical Journal Letters. 464 (2): L147. Bibcode:1996ApJ...464L.147M (http s://ui.adsabs.harvard.edu/abs/1996ApJ...464L.147M). doi:10.1086/310096 ( 6%2F310096). S2CID 9528214 ( 20. Marcy, G.W.; Butler, R.P.; Fischer, D. A. (2002 Planet at 5 around 55 Cancri\". Astrophysical Journal. 581 (1375): 1375\u20131388. arXiv:astro-ph/0207294 ( ph/0207294). Bibcode:2002ApJ...581.1375M ( 75M). doi:10.1086/344298 ( S2CID 16170184 ( anticscholar.org/CorpusID:16170184). 21. Britt, Robert Roy (August 31, 2004). \"Two Neptune-Mass Planets Found, Earth-Size Worlds Next\" ( Space.com. Retrieved August 17, 2015. 22. Petigura, E.A.; Howard, A.W.; Marcy, G.W. (2013). \"Prevalence of Earth-size planets Orbiting Sun- like stars\" ( Proceedings of the National Academy of Sciences. 110 (19273): 19273\u201319278. arXiv:1311.6806 ( 06). Bibcode:2013PNAS..11019273P ( doi:10.1073/pnas.1319909110 ( 3845182 (htt ps:// 24191033 ( nih.gov/24191033). 23. Koren, Marina (April 17, 2017). \"Searching the Skies for Alien Laser Beams new study scanned 5,600 stars for tiny emissions of light, which may be the best way for an extraterrestrial civilization to signal its existence\" ( extraterrestrial/523104/). The Atlantic. Archived ( s:// from the original on June 15, 2017. Retrieved June 3, 2017. 24. Tellis, Nathaniel K.; Marcy, Geoffrey W. (May 12, 2017 Search for Laser Emission with Megawatt Thresholds from 5600 Stars\" ( 2). The Astronomical Journal. 153 (6): 251. arXiv:1704.02535 ( Bibcode:2017AJ....153..251T ( doi:10.3847/1538-3881/aa6d12 ( S2CID 119088358 ( 25. \"Geoffrey W. Marcy\" ( National Academy of Sciences. Archived ( w.nasonline.org/member-directory/members/3012587.html) from the original on November 29, 2018. Retrieved May 26, 2021. 26 Berkeley Sexual Harassment Policy\" ( hd.berkeley.edu/policies-procedures/sexual-harassment). University of California. June 17, 2015. Archived from the original ( on October 13, 2015. Retrieved October 27, 2015. 27. Overbye, Dennis (October 10, 2015). \"Geoffrey Marcy, Astronomer at Berkeley, Apologizes for Behavior\" ( l). The New York Times. Archived ( mes.com/2015/10/11/science/astronomer-apologizes-for-behavior.html) from the original on February 6, 2018. Retrieved October 11, 2015. 28. Andersen, Ross (October 10, 2015). \"The Consequences of Sexual Harassment in Astronomy\" (ht tps:// The Atlantic. Archived ( e/archive/2015/10/sexual-harassment-geoff-marcy/410089/) from the original on October 11, 2015. Retrieved October 10, 2015. 29. Mervis, Jeffrey (October 9, 2015). \"Berkeley astronomer found guilty of sexual harassment\" (http s:// Science Insider. Archived ( rticle/berkeley-astronomer-found-guilty-sexual-harassment) from the original on March 3, 2022. Retrieved October 10, 2015. 30. Kleinfeld, Zoe, Abbott, Katy (October 14, 2015). \"Campus astronomer Geoffrey Marcy to resign amid sexual harassment allegations\" ( ffrey-marcy-to-resign-amid-sexual-harassment-allegations/). The Daily Californian. Archived (http s://web.archive.org/web/20151018070848/ -geoffrey-marcy-to-resign-amid-sexual-harassment-allegations/) from the original on October 18, 2015. Retrieved October 28, 2015. 31. Leff, Lisa (October 12, 2015 Berkeley says astronomer was appropriately disciplined\" (http:// apnews.excite.com/article/20151013/us--astronomy_professor-sexual_harassment-8ecb55e448.ht ml News. Archived ( rticle/20151013/us--astronomy_professor-sexual_harassment-8ecb55e448.html) from the original on November 19, 2015. Retrieved October 12, 2015. 32. Ghorayshi, Azeen (October 23, 2015). \"Famous Astronomer Accused Of Sexual Harassment At His Previous Job, Too\" ( BuzzFeed. Archived ( nghorayshi/geoff-marcy-at-sfsu) from the original on November 4, 2015. Retrieved November 5, 2015. 33. Marcy, Geoff (October 7, 2015). \"An Open Letter to the Astronomy Community\" ( e.org/web/20160310155438/ (PDF). Archived from the original ( (PDF) on March 10, 2016. Retrieved October 12, 2015. 34. Overbye, Dennis (October 13, 2015). \"Geoffrey Marcy's Berkeley Astronomy Colleagues Call for His Dismissal\" ( faculty-letter.html). The New York Times. Archived ( ml) from the original on November 8, 2020. Retrieved February 16, 2017. 35. \"Letter from Berkeley Astronomy faculty to Geoff Marcy\" ( cuments/2456355/updated-berkeley-astronomy-statement.pdf) (PDF). October 12, 2015. Archived ( 355/updated-berkeley-astronomy-statement.pdf) (PDF) from the original on November 19, 2015. Retrieved October 14, 2015. 36. \"Breakthrough Initiatives\" ( Archived ( chive.org/web/20170317233951/ from the original on March 17, 2017. Retrieved October 13, 2015. 37. Ghorayshi, Azeen (January 22, 2016). \"Alleged Harasser Gets Honorific Title At Berkeley\" (htt ps:// Retrieved May 27, 2021. 38. \"After outcry, disgraced sexual harasser removed from astronomy manuscript\" ( e.org/content/article/after-outcry-disgraced-sexual-harasser-removed-astronomy-manuscript). Archived ( g/content/article/after-outcry-disgraced-sexual-harasser-removed-astronomy-manuscript) from the original on May 28, 2023. Retrieved May 28, 2023. 39. \"Sommarkr\u00f6nika av Beatriz Villarroel: cancelkultur och trakasserier inom astronomin - fallet Geoff Marcy\" ( academicrightswatch.se. Archived ( archive.org/web/20230722220729/ from the original on July 22, 2023. Retrieved July 22, 2023. 40. \"Susan Kegley, PhD\" ( h.com/site/?page_id=53). Pesticide Research Institute. May 9, 2012. Archived from the original (ht tps:// on March 3, 2016. Retrieved August 17, 2015. 41. Lemonick, Michael D. (February 5, 1996). \"Searching for Other Worlds\" ( me/magazine/article/0,9171,984058,00.html). Time. Archived ( 21000655/ from the original on August 21, 2015. Retrieved August 18, 2015. 42. Dorminey, Bruce (2002). Distant Wanderers: The Search for Planets Beyond the Solar System (htt ps://archive.org/details/distantwanderers00dorm/page/51). New York: Copernicus Books. pp. 51 (h ttps://archive.org/details/distantwanderers00dorm/page/51 978-0-387-95074-7. 43. Noble Wilford, John (February 9, 1997). \"In a Golden Age of Discovery, Faraway Worlds Beckon\" ( l). The New York Times. Archived ( es.com/1997/02/09/us/in-a-golden-age-of-discovery-faraway-worlds-beckon.html) from the original on August 21, 2015. Retrieved August 18, 2015. 44. Marcy, Geoff; Butler, Paul (March 2000). \"Hunting Planets Beyond\" ( marcy/Astronomy_Mag_mar2000.html). Astronomy. 28 (3): 42. Bibcode:2000Ast....28...42M (http s://ui.adsabs.harvard.edu/abs/2000Ast....28...42M). Retrieved November 12, 2015. 45 - Alien Planets Revealed\" ( ml). pbs.org. January 8, 2014. Retrieved August 17, 2015. 46. Dorminey, Bruce (2002). Distant Wanderers: The Search for Planets Beyond the Solar System (htt ps://archive.org/details/distantwanderers00dorm/page/52). New York: Copernicus Books. pp. 52 (h ttps://archive.org/details/distantwanderers00dorm/page/52 978-0-387-95074-7. 47. Marcy, Geoff (November 26, 2007). \"Planetary Radio 5th Anniversary Show: Astronomer Geoff Marcy on Discovery of Fifth Planet in Star System (28:52)\" ( anetary-radio/show/2007/264.html). Planetary Society. Retrieved November 12, 2015. 48. \"InterViews\" ( tml). National Academy of Sciences. Archived ( p:// from the original on August 11, 2015. Retrieved August 17, 2015. 49. Goldsmith, Donald (1997). Worlds Unnumbered: The Search for ExtraSolar Planets ( e.org/details/worldsunnumbered00gold/page/1). Sausalito, CA: University Science Books. p. 1 (htt ps://archive.org/details/worldsunnumbered00gold/page/1 978-0-935702-97-2. 50. \"Henry Draper Medal\" ( out-nas/awards/henry-draper-medal.html). National Academy of Sciences. Archived from the original ( on January 26, 2013. Retrieved February 24, 2011. 51. \"Member Directory\" ( National Academy of Sciences. Archived ( w.nasonline.org/member-directory/members/3012587.html) from the original on November 29, 2018. Retrieved August 12, 2015. 52. \"2005 Announcement and Citation\" ( n.org/6DXNhEf0g?url= The Shaw Prize. Archived from the original ( ourid=108) on May 26, 2024. Retrieved August 10, 2015. 53. \"Honorary Degree Recipients from 1997 to present\" ( 3/ University of Delaware. Archived from the original ( on July 16, 2011. Retrieved August 10, 2015. 54. \"Sagan Prize Recipients\" ( wonderfest.org. 2011. Archived ( g/sagan-prize/sagan-prize-recipients/) from the original on August 12, 2011. Retrieved September 10, 2011. 55. \"Book of Members, 1780\u20132010: Chapter A\" ( ChapterA.pdf) (PDF). American Academy of Arts and Sciences. Archived ( web/20160304055929/ (PDF) from the original on March 4, 2016. Retrieved April 13, 2011. 56 Announces Six 2013 Cozzareli Prize Recipients\" ( 5825/ National Academy of Sciences. Archived from the original ( timedia/news/2013-cozzarelli-prize-recipients.html) on May 14, 2014. Retrieved March 6, 2014. 57. \"Miller Professors\" ( Miller Institute for Basic Research in Science. University of California, Berkeley. Archived ( g/web/20150822022800/ from the original on August 22, 2015. Retrieved August 29, 2015. Marcy's personal homepage ( Autobiography ( Talk by Dr. Geoff Marcy on Extrasolar Planets (2008) ( oKDA) on YouTube Interview with Geoff Marcy (March 11, 2009) ( unter-geoff-marcy) Interview with Geoff Marcy (February 1, 2011) ( Retrieved from \" External links", "7669_102.pdf": "\ue908 \ue908 \ue908 Geoffrey Marcy, prominent Berkeley astronomer, resigns after sexual harassment judgement University of California, Berkeley, calls outcome \"appropriate 14 2015 Geoffrey Marcy, a prominent astronomer at the University of California, Berkeley, has resigned following a university investigation that concluded he had repeatedly sexually harassed women. \"This morning Professor Geoff Marcy resigned from the Berkeley faculty,\" said Chancellor Nicholas Dirks and Executive Vice Chancellor and Provost Claude Steele in a statement. \"We believe this outcome is entirely appropriate and have immediately accepted his resignation.\" They called Marcy's conduct \"contemptible and inexcusable The latest news, commentary, and research, free to your inbox daily The two officials also described the university's decision not to fire Marcy, which has drawn extensive criticism. \"It is important to understand that as Berkeley's leadership considered disciplinary options, we did not have the authority, as per University of California policy, to unilaterally impose any disciplinary sanctions, including termination,\" they wrote. \"Discipline of a faculty member is a lengthy and uncertain process \ue908 Marcy's impending resignation was first reported earlier today by BuzzFeed's Azeen Ghorayshi, who also first reported the university's investigation of Marcy on 9 October. Marcy, an expert on exoplanets, also resigned today as principal investigator of the Breakthrough Listen project, an effort to survey stars close to Earth and listen for messages from other civilizations. Here is the full university statement: This morning Professor Geoff Marcy resigned from the Berkeley faculty. We believe this outcome is entirely appropriate and have immediately accepted his resignation Berkeley's reaction to the finding that Professor Geoff Marcy violated the University's sexual harassment policies has been the subject of understandable criticism and anger. Before describing the disciplinary options that were available to us, we want to state unequivocally that Professor Marcy's conduct, as determined by the investigation, was contemptible and inexcusable. We also want to express our sympathy to the women who were victimized, and we deeply regret the pain they have suffered. It is important to understand that as Berkeley's leadership considered disciplinary options, we did not have the authority, as per University of California policy, to unilaterally impose any disciplinary sanctions, including termination. Discipline of a faculty member is a lengthy and uncertain process. It would include a full hearing where the standards of evidence that would be used are higher than those that are applied by the Office for the Prevention of Harassment and Discrimination (OPHD) in the course of its investigations. The process would also be subject to a three-year statute of limitations. Our objective was to protect our students by immediately preventing any re-occurrence of the behavior described in the investigative report. We thus chose to establish, in writing, a strict set of behavioral standards that went beyond what is specifically proscribed by the University's rules and regulations. In addition, the agreement authorized the administration to by-pass the lengthy, uncertain disciplinary process by stripping the professor of a faculty member's usual due process rights. We recognize and share the frustration that many have expressed, and we are committed to work with the Office of the President and the Academic Senate to reform the University's disciplinary processes, criteria and standards so that in the future we have different and better options for discipline of faculty. We also want our campus community to know that we fully support new efforts now underway in a number of departments and colleges to address cultural issues and standards related to sexual harassment. We must do everything in our power to create the conditions necessary for quick and confidential reporting of suspected violations of our rules and standards of conduct. doi: 10.1126/science.aad4716 Science News Staff World\u2019s largest telescopes at risk from Chilean energy project, new analysis confirms 17 2025 order leads to journal cancellations by U.S. agricultural library 17 2025 Overseas universities see opportunity in U.S. \u2018brain drain\u2019 17 2025 Got a tip for Science's news department? CONNECT\ue908 Sign up for ScienceAdviser Get Science\u2019s award-winning newsletter with the latest news, commentary, and research, free to your inbox daily \ue937 Postdoc survey says safety issue, Fauci defaced: Trump Tracker 17 2025 World\u2019s largest telescopes at risk from Chilean energy project, new analysis confirms 17 2025 order leads to journal cancellations by U.S. agricultural library 17 2025 Overseas universities see opportunity in U.S. \u2018brain drain\u2019 17 2025 Gene editing fixes DNA\u2014and treats incurable lung and liver disease 11 2025 Supermassive black hole found in dwarf galaxy next to the Milky Way 11 2025 Signs of Earth\u2019s oldest known meteor strike discovered in Australia 10 2025 Worrisome asteroid\u2019s odds of hitting Earth have dropped to near-zero 26 2025 Astronomer Geoff Marcy booted from National Academy of Sciences in wake of sexual harassment 27 2021 University of Rochester president resigns as outside attorney issues report on sexual harassment case 11 2018 evaluates ejecting Marcy, Ayala for sexual harassment 2021 Prominent Harvard archaeologist put on leave amid allegations of sexual harassment 5 2020 26 2025 Scalable in vivo transcriptional circuit mapping with fixed-cell Perturb-seq All News ScienceInsider News Features Subscribe to News from Science News from Science About News from Science Donate to News Careers Articles Find Jobs Employer Hubs Opinion Analysis Blogs Science Science Advances Science Immunology Science Robotics Science Signaling Science Translational Medicine Science Partner Journals Information for Authors Information for Reviewers Manage Your Institutional Subscription Library Admin Portal Request a Quote Librarian FAQs Advertising Kits Custom Publishing Info Post a Job AAAS.org Communities EurekAlert! Science in the Classroom Leadership Work at Prizes and Awards FAQs Access and Subscriptions Order a Single Issue Reprints and Permissions Alerts and Feeds Contact Us \u00a9 2025 American Association for the Advancement of Science. All rights reserved is a partner of HINARI, AGORA, OARE, CHORUS, CLOCKSS, CrossRef and COUNTER. Terms of Service | Privacy Policy | Accessibility", "7669_103.pdf": "View Comments Famous Astronomer Has Resigned After Sexual Harassment Investigation Geoff Marcy has resigned from his tenured position at the University of California, Berkeley, the school confirms. Facing criticism, the university defended its decision not to fire him. Azeen Ghorayshi BuzzFeed News Reporter Updated on October 14, 2015 at 4:22 pm Posted on October 14, 2015 at 1:39 pm Subscribe to BuzzFeed Daily Newsletter Geoff Marcy Stuart C. Wilson / Via gettyimages.com Geoff Marcy has resigned from his tenured position as astronomy professor at the University of California, Berkeley, the school has confirmed The announcement comes in the wake of a BuzzFeed News story that revealed a university investigation finding that Marcy had violated Berkeley's sexual harassment policies in several cases between 2001 and 2010. More than 2,500 academics have signed an online petition to \"support the people who were targets of Geoff Marcy's inappropriate behavior and those who have spoken publicly about it.\" Late on Monday, dozens of Marcy's colleagues published statements calling for him to leave. \"It's a relief to know that Geoff Marcy will no longer have access to Berkeley students,\" Jessica Kirkpatrick, one of the complainants in the sexual harassment investigation, told BuzzFeed News hope the university is using this opportunity to re- evaluate it's process and policies so that vulnerable students have better protections in place to guard against sexual harassment from faculty moving forward.\" Many academics are upset that Berkeley didn't take stronger disciplinary actions against Marcy after the investigation concluded that he had violated sexual harassment policies. He was given a \"strict set of behavioral standards\" to follow, and was told that if another complaint was filed, he could be sanctioned or fired. In a statement issued Wednesday afternoon, the university defended its decision not to fire Marcy, citing University of California policy. Nivada ivada Nivada Grenchen Swiss Made Shop Now Berkeley's reaction to the finding that Professor Geoff Marcy violated the University's sexual harassment policies has been the subject of understandable criticism and anger,\" Berkeley Chancellor Nicholas Dirks and Executive Vice Chancellor and Provost Claude Steele, said in the statement. \"We want to state unequivocally that Professor Marcy's conduct, as determined by the investigation, was contemptible and inexcusable.\" Marcy has also resigned as principal investigator of the $100 million Breakthrough Listen project, a large scientific research program aimed at finding life beyond Earth. Marcy has not responded to a request for comment. This is a developing story. Check back for updates and follow BuzzFeed News on Twitter Swiss Made Dive Deeper: 38mm stainless steel case, ceramic bezel, and 200m water resistance Nivada Grenchen Full statement from Berkeley Chancellor Nicholas B. Dirks and Executive Vice Chancellor and Provost Claude Steele: This morning Professor Geoff Marcy resigned from the Berkeley faculty. We believe this outcome is entirely appropriate and have immediately accepted his resignation Berkeley's reaction to the finding that Professor Geoff Marcy violated the University's sexual harassment policies has been the subject of understandable criticism and anger. Before describing the disciplinary options that were available to us, we want to state unequivocally that Professor Marcy's conduct, as determined by the investigation, was contemptible and inexcusable. We also want to express our sympathy to the women who were victimized, and we deeply regret the pain they have suffered. It is important to understand that as Berkeley's leadership considered disciplinary options, we did not have the authority, as per University of California policy, to unilaterally impose any disciplinary sanctions, including termination. Discipline of a faculty member is a lengthy and uncertain process. It would include a full hearing where the standards of evidence that would be used are higher than those that are applied by the Office for the Prevention of Harassment and Discrimination (OPHD) in the course of its investigations. The process would also be subject to a three-year statute of limitations. Our objective was to protect our students by immediately preventing any re-occurrence of the behavior described in the investigative report. We thus chose to establish, in writing, a strict set of behavioral standards that went beyond what is specifically proscribed by the University's rules and regulations. In addition, the agreement Swiss Made Dive Deeper: 38mm stainless steel case, ceramic bezel, and 200m water resistance Nivada Grenchen authorized the administration to by-pass the lengthy, uncertain disciplinary process by stripping the professor of a faculty member's usual due process rights. We recognize and share the frustration that many have expressed, and we are committed to work with the Office of the President and the Academic Senate to reform the University's disciplinary processes, criteria and standards so that in the future we have different and better options for discipline of faculty. We also want our campus community to know that we fully support new efforts now underway in a number of departments and colleges to address cultural issues and standards related to sexual harassment. We must do everything in our power to create the conditions necessary for quick and confidential reporting of suspected violations of our rules and standards of conduct Swiss Made Dive Deeper: 38mm stainless steel case, ceramic bezel, and 200m water resistance Nivada Grenchen Famous Berkeley Astronomer Violated Sexual Harassment Policies Over Many Years buzzfeed.com Azeen Ghorayshi BuzzFeed News Reporter Comments Share your thoughts From Our Partner Berkeley Astronomers Call For Professor To Leave In Wake Of Sexual Harassment Investigation buzzfeed.com Be One of the First to Comment Discover U, crafted by Star Brittney Griner\u2026 Trump Wants To Make It Harder F\u2026 Hilary Duff Being Praised For Her\u2026 a brand. \u00a9 2025 BuzzFeed, Inc Press Privacy Consent Preferences User Terms Accessibility Statement Ad Choices Help Contact Sitemap BuzzFeed News BuzzFeed News BuzzFeed News Caitlyn Jenner Could Face\u2026 BuzzFeed News Mother Charged With Killing Her\u2026 BuzzFeed News Porn Production Halted Nationwid\u2026 BuzzFeed News Prosecutors May Call 12 Women To\u2026 BuzzFeed News Victims Of Syria\u2019s Chemical Attack\u2026 BuzzFeed News The Man Who Opened Fire On A\u2026 BuzzFeed News Transit Police Officer Arrested\u2026 BuzzFeed News Department Of Defense\u2026 BuzzFeed News", "7669_104.pdf": "Campus & community, Campus news message about Professor Marcy\u2019s resignation Berkeley Chancellor Nicholas Dirks and Executive Vice Chancellor and Provost Claude Steele sent a message to the campus community today regarding the resignation of astronomy professor Geoff Marcy. By Public Affairs \uf002 October 14, 2015 Berkeley Chancellor Nicholas Dirks and Executive Vice Chancellor and Provost Claude Steele sent out this message today (Wednesday, Oct. 14): Dear Campus Community, This morning Professor of Astronomy Geoff Marcy resigned from the Berkeley faculty. We believe this outcome is entirely appropriate and have immediately accepted his resignation Berkeley\u2019s reaction to the finding that Professor Geoff Marcy violated the University\u2019s sexual harassment policies has been the subject of understandable criticism and anger. Before describing the disciplinary options that were available to us, we want to state unequivocally that Professor Marcy\u2019s conduct, as determined by the investigation, was contemptible and inexcusable. We also want to express our sympathy to the women who were victimized, and we deeply regret the pain they have suffered. It is important to understand that as Berkeley\u2019s leadership considered disciplinary options, we did not have the authority, as per University of California policy, to unilaterally impose any disciplinary sanctions, including termination. Discipline of a faculty member is a lengthy and uncertain process. It would include a full hearing where the standards of evidence that would be used are higher than those that are applied by the Office for the Prevention of Harassment and Discrimination (OPHD) in the course of its investigations. The process would also be subject to a three-year statute of limitations. Our objective was to protect our students by immediately preventing any re-occurrence of the behavior described in the investigative report. We thus chose to establish, in writing, a strict set of behavioral standards that went beyond what is specifically proscribed by the University\u2019s rules and regulations. In addition, the agreement authorized the administration to bypass the lengthy, uncertain disciplinary process by stripping the professor of a faculty member\u2019s usual due process rights. We recognize and share the frustration that many have expressed, and we are committed to work with the Office of the President and the Academic Senate to reform the University\u2019s disciplinary processes, criteria and standards so that in the future we have different and better options for discipline of faculty. We also want our campus community to know that we fully support new efforts now underway in a number of departments and colleges to address cultural issues and standards related to sexual harassment. We must do everything in our power to create the conditions necessary for quick and confidential reporting of suspected violations of our rules and standards of conduct. Sincerely, Nicholas B. Dirks, Chancellor Claude Steele, Executive Vice Chancellor and Provost About About Berkeley News Find an expert Media training Contact Berkeley News Browse News Changemakers Climate Change Democracy in Distress Connect Berkeleyan newsletter Media inquiries Campus resources Libraries Equity, Inclusion & Diversity Communications & Public Affairs Berkeley Brand Visit Events Jobs Give Accreditation Report Contact Us Websites Directory Map Accessibility Nondiscrimination Privacy \uf082 \ue61b \uf167 \ue055 \uf23a Copyright \u00a9 2025 Regents; all rights reserved", "7669_105.pdf": "Nivada Grenchen Shop Now Blood Moon Eclipse 2025! \ud83e\ude78\ud83c\udf15 Night sky tonight! Aurora Forecast Next Full Moon Best Geoff Marcy is a professor of astronomy at the University of California, Berkeley. (Image credit: NASA) The Universe Leading Astronomer Violated Sexual Harassment Policies, Investigation Finds News By Calla Cofield published October 13, 2015 \uf101 \uf125 When you purchase through links on our site, we may earn an affiliate commission. Here\u2019s how it works. Geoff Marcy, a leader in the field of exoplanet science, was found to have \"violated campus sexual harassment policy\" at the University of California, Berkeley, where he works, an investigation by the university has concluded Advertisement Sign in The investigation, conducted by the school's Title office, \"stemmed from a number of incidents believed to have occurred between 2001 and 2010 and involved students who have since graduated,\" according to a statement from the university obtained by Space.com. The results of the investigation were first reported to the public in a story by BuzzFeed News published last Friday (Oct. 9). Considered a leader in the field of exoplanet science, Marcy and his research group have \"made many key discoveries, including the first multiple-planet system, the first Saturn-mass planet, the first Neptune- mass planet, and the first transiting planet (with Tim Brown and Dave Charbonneau),\" according to his Berkeley faculty page. He also has been heavily involved in science outreach, having appeared on many popular science television documentaries, including multiple episodes of the series \"NOVA.\" In 2001, he made an appearance on \"The Late Show with David Letterman.\" The news of the Berkeley investigation's conclusions, and the subsequent consequences for Marcy, have been covered by major news outlets, including The Washington Post, The New York Times, The Atlantic and Forbes, among others. Azeen Ghorayshi, author of the BuzzFeed News article, spoke to three of the four complainants in the investigation. The investigation, and its coverage by the media, has initiated a public discussion by members of the astronomy community about sexual harassment in the field. Marcy has been both a professor of astronomy at Berkeley and an adjunct professor of physics and astronomy at San Francisco State University since 1999. On Wednesday (Oct. 7), Marcy issued an \"Open Letter to the Astronomy Community,\" addressing the Berkeley investigation. In the letter, Marcy wrote that he \"[does] not agree with each complaint that was made\" in the investigation. He did not address any of the specific claims made against him, but wrote, \"It is clear that my behavior was unwelcomed by some women take full responsibility and hold myself completely accountable for my actions and the impact they had.\" Get the Space.com Newsletter Breaking space news, the latest updates on rocket launches, skywatching events and more! Your Email Address Contact me with news and offers from other Future brands Receive email from us on behalf of our trusted partners or sponsors By submitting your information you agree to the Terms & Conditions and Privacy Policy and are aged 16 or over. Designed to Go Deeper Vintage-inspired design, modern performance SPACE... 1 This butterfly-shaped nebula owes its structure to 2 chaotic young stars 2 The 1st private mission to Venus comes together ahead of possible 2026 launch (photos) 3 You can buy Chewbacca's Bowcaster or Luke's medal at a 'Star Wars' auction, but it could cost you half a million dollars Advertisement Marcy's letter, dated Oct. 7, states that the \"complaints [\u2026] were raised last year,\" and that the investigation \"concluded three months ago.\" Marcy continued, \"It is difficult to express how painful it is for me to realize that was a source of distress for any of my women colleagues, however unintentional. Through deep and lengthy consultations have reflected carefully on my actions as well as issues of gender inequality, power, and privilege in our society was unaware of how these factors created unforeseen contexts and how my actions and position have affected others in ways that were far from what intended. Through hard work have changed in major ways for the better Berkeley's initial statement on the matter said that \"Professor Marcy and the Vice Provost entered into an agreement that states [Marcy] will abide by clear expectations concerning his future interactions with students. Were he to fail to meet those expectations, the terms of the agreement provide that he would be immediately subject to sanctions that could include suspension or dismissal.\" In response to criticism that those terms were not harsh enough, the university issued another statement: \"The university has imposed real consequences on Professor Geoff Marcy by establishing a zero tolerance policy regarding future behavior and by stripping him of the procedural protections that all other faculty members enjoy before he can be subject to discipline up to and including termination.\" The statement continues, \"The university concluded that establishing clear behavioral standards governing his interactions with students inside and outside the classroom, and requiring him to waive his procedural rights in the event he violates the agreement, was the most certain and effective option for preventing any inappropriate future conduct. \"The system has, for some time, been evaluating and revising its procedures for addressing sexual harassment, and we are committed to working with the appropriate university officials to evaluate improvements to the faculty disciplinary process as it relates to sexual harassment.\" Marcy had initially sent his open letter to the American Astronomical Society's Committee on the Status of Women in Astronomy (CSWA) for publication in its newsletter, but and declined the request, according to a blog post by Chair Christina Richey. But Richey spent very little of her post discussing Marcy's letter or the investigation, and instead wrote that the \"key group to whom intend to focus my comments on is the women (and men) who are encountering harassment within our field and to offer any assistance they need. This post is meant for the greater astronomical community, and those who would like to help in fostering a safe and welcoming environment for all.\" \"The Committee on the Status of Women in Astronomy is charged with recommending to the Council practical measures that can be taken to improve the status of women in astronomy and encourage their entry into this field,\" Richey wrote. \"One of the key issues that the committee has worked to assist with is harassment. From resource pages, to blog series, to community talks, to studies within our field, we have worked to improve our community's understanding of how harassment is occurring, how to 4 Spiral starburst galaxy glows in gorgeous Hubble Telescope image 5 Arctic ice is melting faster than expected \u2014 and the culprit could be dust Advertisement Calla Cofield Senior Writer Calla Cofield joined Space.com's crew in October 2014. She enjoys writing about black holes, exploding stars, ripples in space-time, science in comic books, and all the mysteries of the cosmos. Prior to joining Space.com Calla worked as a freelance writer, with her work appearing in News, Symmetry magazine, Scientific American, report and respond to issues of harassment, and we have been advocates and guides for those who have encountered harassment. We have begun to raise awareness on this issue to the highest visibility possible, and while we have made progress, this is still an issue many of the people in our field are dealing with on a daily basis.\" \"This problem is not just isolated to one incident or one person in our field, but to a larger societal issue of the misuse of power,\" she continued. \"In order for our field to become a safer environment for everyone, particularly for early career women, this abuse of power needs to be addressed.\" According to BuzzFeed, a group of astronomers has started an online petition in response to the investigation. It reads support the people who were targets of Geoff Marcy's inappropriate behavior and those who have spoken publicly about it agree that sexual harassment has no place in our community.\" The petition has gathered 2,224 signatures as of this writing. On Monday night (Oct. 12), 22 faculty members from the Berkeley astronomy department released a statement regarding the university's investigation into Marcy's behavior. (The link to the statement appeared in a follow-up article from BuzzFeed). The statement says: \"We, the undersigned Berkeley Astronomy faculty, write to make clear that sexual harassment has no place in our Department, and that we fully support the survivors of harassment. We regret the harm caused by our faculty, and reject any suggestion that our sympathies should be with the perpetrators of sexual harassment. We are committed to developing and maintaining a supportive, open climate in which all members of the Department can thrive, regardless of gender, ethnicity, sexual orientation, disability, or religious faith. This goal has been compromised by policies that led to a lack of communication in Berkeley's handling of Geoff Marcy's sexual harassment case. We urge the Berkeley administration to re-evaluate its response to Marcy, who has been found in violation of sexual harassment policy. We believe that Geoff Marcy cannot perform the functions of a faculty member.\" Follow Calla Cofield @callacofield. Follow us @Spacedotcom, Facebook and Google+. Original article on Space.com. Join our Space Forums to keep talking space on the latest missions, night sky and more! And if you have a news tip, correction or comment, let us know at: community@space.com. Nature News, Physics World, and others. From 2010 to 2014 she was a producer for The Physics Central Podcast. Previously, Calla worked at the American Museum of Natural History in New York City (hands down the best office building ever) and National Accelerator Laboratory in California. Calla studied physics at the University of Massachusetts, Amherst and is originally from Sandy, Utah. In 2018, Calla left Space.com to join NASA's Jet Propulsion Laboratory media team where she oversees astronomy, physics, exoplanets and the Cold Atom Lab mission. She has been underground at three of the largest particle accelerators in the world and would really like to know what the heck dark matter is. Contact Calla via: E-Mail \u2013 Twitter Spiral starburst galaxy glows in gorgeous Hubble Telescope image Watch moon dust fly as private Blue Ghost lunar lander touches down (video This butterfly-shaped nebula owes its structure to 2 chaotic young stars This butterfly-shaped nebula owes its structure to 2 chaotic young stars The 1st private mission to Venus comes together ahead of possible 2026 launch (photos) You can buy Chewbacca's Bowcaster or Luke's medal at a 'Star Wars' auction, but it could cost you half a million dollars Spiral starburst galaxy glows in gorgeous Hubble Telescope image Arctic ice is melting faster than expected \u2014 and the culprit could be dust This Week In Space podcast: Episode 152 \u2014 Atomic Rockets II: Nuclear Electric Boogaloo SpaceX aces 3rd launch in 13 hours, sending 23 Starlink satellites to orbit (video) Where will the partial solar eclipse be visible in March 2025? SpaceX's Crew-10 mission arrives at International Space Station to relieve Starliner astronauts (video) 4 rocky exoplanets found around Barnard's Star, one of the sun's nearest neighbors Space is part of Future Inc, an international media group and leading digital publisher. Visit our corporate site. About Us Contact Future's experts Terms and conditions Privacy policy Cookies policy Accessibility Statement Advertise with us Web notifications Careers \u00a9 Future US, Inc. Full 7th Floor, 130 West 42nd Street, New York 10036.", "7669_106.pdf": "In 2011, the chair of the Astronomy Department, Imke de Pater, and the Title Officer, Denise Oldham, and Vice Chancellor of Diversity, Equity, and Inclusion, Gibor Basri, met with Geoff to help him understand how his friendly actions could be misinterpreted. In 2015, Dr. Janet Broughton, the Vice Chancellor for Faculty noted that there were no complaints in the last five years. After her 1-year investigation, she determined that Geoff should continue as a full professor at Berkeley. This decision was Berkeley\u2019s official response to the investigation. Geoff retired from his position as Professor at Berkeley, effective December 31, 2015. His decision to step down from his position at the university was not triggered by the allegations, which were already known by the relevant parties at Berkeley. Rather, Geoff\u2019s principal motivation was to relieve the pressure on his astronomy colleagues at Berkeley and allow the department to move past the challenging situation created by the social media firestorm. What Actually Happened 1. In 2001: Geoff ran into an undergraduate woman he knew well on campus. They talked briefly and she told him she was sick, whereupon he gave her a hug and kissed her on the forehead. In a separate instance in the astronomy building, after the woman told Geoff her parents were separating, he kissed her on the cheek. When the student told Geoff she was uncomfortable with the physical closeness and asked him to stop, he did so. 2. In 2005 woman, then an undergrad at Berkeley, asked Geoff for career advice. She asked him to go out for coffee with her several times. The conversations turned to private issues, with Geoff trying to help her with her concerns and share his experiences. On one occasion after coffee, he drove her home, and while saying goodbye, he put his hand on her shoulder. In the woman\u2019s report of the incident to OPHD, she noted that this gesture was \u201capropos of our discussion about my new relationship, which was bumpy at the time.\u201d On Geoff\u2019s recommendation, this woman received a departmental award while at Berkeley, then went on to graduate school at Harvard. She is now a professor of astronomy. 3. In 2006 woman Geoff did not know (a student at the Univ. of Hawaii) alleged (8 years after the alleged incident) that at a dinner, Geoff slid his hand up her leg and grabbed her crotch. This allegation is false. Interestingly, the documentation of this event was brokered by one of Geoff\u2019s former graduate students, who had just left the California exoplanet team when he moved from Cal Tech to Harvard, and as a result was excluded from using the California team\u2019s data. 4. In 2010: This complaint came from a random person who saw Geoff leaving an astronomy party with an inebriated student. Geoff and another female student were simply assisting the intoxicated student back to her hotel, where they delivered her to her roommate. The student he helped did not file a complaint, nor did the roommate. The complaint was filed by the random person. After Geoff announced his intention to step down, this random person changed her story, via submission of an email to the Office of Prevention of Harassment and Discrimination (OPHD). Her email provided what she referred to as \u201ccorrections\u201d to the incident report she had originally filed. On October 15, 2015, the student who was helped back to her room submitted a statement \u201cto clear up the misconceptions and unintentional lies that were included in that report\u201d and pointed out that \u201cThe statements . . . which the complainant admits to having heard third-hand, are false.\u201d The roommate also made a statement verifying what actually happened. The woman whom Geoff assisted received a Einstein and postdoctoral position at Harvard-Smithsonian Center for Astrophysics and currently holds an and Chancellor\u2019s Fellowship postdoctoral position in astrophysics. Geoff \u2018s wife Susan Kegley notes: \u201cGeoff\u2019s primary mistake was to treat students like good friends. Clearly, you cannot do that in these days and times. But these students were comfortable with their relationship with Geoff until a woman from outside the Berkeley Astronomy department, dishonestly identifying herself as \u201cworking with [the Title officer] on an ongoing investigation,\u201d started interviewing every woman who had ever been in the department since Geoff started there and spreading rumors that led people to scrutinize every move Geoff made as if he were a convicted criminal believe that Geoff is being punished in the court of public opinion in ways that are far out of proportion to his actions. Geoff is a kind and generous human being and would never intentionally cause harm to another person. He has been a big supporter of women in science his entire career know this because have been married to him for 29 years. Those who make judgments based on rumors and BuzzFeed articles without ever having spent time with Geoff are wildly off-base.\u201d Related readings: The New Puritans by Anne Applebaum Campus Puritans by Lawrence Krauss The Warlock Hunt by Claire Berlinski Extreme Emphasis on Sexual Harassment by Luana Maroja Unwanted Advances: Sexual Paranoia Comes to Campus by Laura Kipnis 2025"} |
7,756 | Eric Smart | University of Kentucky | [
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] | {"7756_101.pdf": "Former University of Kentucky researcher once disciplined for sexual harassment By Linda B. Blackford - lblackford@herald-leader.com Updated November 12, 2015 2:14 PM| Eric Smart, the former University of Kentucky researcher who resigned and was censured for scientific misconduct earlier this year, was disciplined for sexual harassment of his employees three years ago. Eric Smart had been the Barnstable Brown Chair in Pediatric Diabetes Research at the University of Kentucky. He resigned from earlier in 2012 and has been censured for scientific misconduct. Photo provided Only have a minute? Listen instead 1.0x Powered by Trinity Audio 00:00 05:35 10 10 Log In | Subscribe 2/16/25, 11:47 Former University of Kentucky researcher once disciplined for sexual harassment | Lexington Herald Leader 1/6 The sexual harassment allegations led to a year of probation for Smart in 2009, but he stayed on the payroll until 2012, when two internal investigations and one by federal authorities concluded that he had repeatedly fabricated scientific evidence. Smart is now a chemistry teacher at Bourbon County High School, where he was hired in fall 2011 while on paid leave from UK. Smart's alleged harassment was mostly reserved for female workers in his lab and included \"teasing, pushing, slapping, tickling, touching, and playing in the lab, sometimes ending in wrestling on the floor or someone sitting on another person,\" according to a February 2009 letter from Patty Bender, UK's assistant vice president for equal opportunity, to Tim Bricker, chairman of UK's Department of Pediatrics, who was Smart's boss at the time. \"Ice fights and ice being put down clothing was described,\" Bender wrote. \"These activities were reported to be initiated by Dr. Smart and may start playfully but were described as ending violently with someone on the floor, under the furniture, and on occasion partially undressed/exposed due to the wrestling.\" The letter was obtained by the Herald-Leader under the state's Open Records Act. Smart did not return phone messages left Thursday at his home and at Bourbon County High School. Bourbon Superintendent Lana Fryman said Thursday that she was unaware of the harassment allegations because only criminal issues turn up in routine background checks. \"That doesn't show up anywhere in his background,\" she said. The Kentucky Education Professional Standards Board, which certifies school teachers, investigates only allegations of misconduct that occur in a school district, interim director Alicia Snead said. \"There would have to be a new accusation,\" she said. 2/16/25, 11:47 Former University of Kentucky researcher once disciplined for sexual harassment | Lexington Herald Leader 2/6 According to the documents, Smart was put on probation for a year \u2014 which meant all his decisions, such as hiring, had to be overseen by his department \u2014 and was ordered to seek psychiatric evaluation. In addition, a reprimand was supposed to be put in Smart's personnel file; however, that reprimand was not in the file obtained by the Herald-Leader under a separate open-records request general counsel Bill Thro said Thursday that he thinks Bricker removed the reprimand from Smart's file at the end of the one-year probation. \"The letter was removed at the discretion of the department chair, but remedial actions were taken against Dr. Smart for the sexual harassment,\" Thro said. The letter could not be found in any other files at UK, he said. Bricker, now chairman of the Division of Pediatric Cardiology at The University of Texas Health Science Center at Houston, could not be reached Thursday for comment. In a separate letter summarizing the findings of her harassment investigation, Bender said Smart did not deny the alleged behavior. \"He attempted to justify it as what you might expect between siblings and indicated that anyone who did not want to participate could say 'No' without fear of consequence,\" she wrote. In addition, Bender said, Smart had trouble controlling his anger and created a hostile work environment that had been going on for a long time without being reported. The reprimand for sexual harassment was sent on Feb. 20, 2009. Thro said Jay Perman, then dean of the College of Medicine, received the first allegation of Smart's scientific misconduct on April 14, 2009. 2/16/25, 11:47 Former University of Kentucky researcher once disciplined for sexual harassment | Lexington Herald Leader 3/6 The first scientific misconduct investigation took nearly a year, during which time Smart apparently worked toward his teacher certification, according to his file. In August 2010, he was placed on leave and got special assignments to work on at home while being paid his full salary of $164,000. Thro said he did not know what work Smart did from his home, but he said he assumed it was clerical. Fryman said Monday she did not know Smart was still employed by at the time he was hired by the Bourbon school district officials did not know Smart was hired either, and they wouldn't have been happy. \"It's against our custom and practice,\" Thro said. \"Our faculty do act as consultants, they do pursue limited outside employment, but we would not tolerate having someone with a full-time job.\" Thro said Bourbon County officials did not talk to the human resources office, and if they had, they would have been informed that he was a full-time employee. However, because the federal investigation was open in the fall of 2011, UK's human resources department would not have been able to talk about the scientific misconduct inquiry. At UK, Smart had been a rising star, bringing in $8 million in federal grants starting in 2000. He was the Barnstable Brown Chair in Pediatric Diabetes Research and director of the Kentucky Pediatric Research Institute until being put on leave in 2010. Smart oversaw 13 employees engaged in nutrition research. Two investigations at found that he fabricated data; the federal Office of Research Integrity finished its investigation in October and debarred Smart from conducting any federal research for the next seven years. This story was originally published November 29, 2012 at 5:38 PM. Want to see more content like this? 2/16/25, 11:47 Former University of Kentucky researcher once disciplined for sexual harassment | Lexington Herald Leader 4/6 Newsletter The latest local, state and national headlines delivered each weekday afternoon By submitting agree to the Privacy Policy and Terms of Service Former researcher accused of misconduct allowed to keep teaching license May 23, 2013 5:07 Read a copy of the sexual harassment report November 29, 2012 12:48 Take Us With You Real-time updates and all local stories you want right in the palm of your hand. 2/16/25, 11:47 Former University of Kentucky researcher once disciplined for sexual harassment | Lexington Herald Leader 5/6 Part of the McClatchy Media Network Start a Subscription Customer Service Edition Herald-Leader Now Vacation Hold Pay Your Bill About Us Contact Us Newsletters Archives Sports Betting Personal Finance McClatchy Advertising Place an Ad Place a Classified Ad Place an Ad - Celebrations Place an Obituary Staffing Solutions Political | Advocacy Advertising 2/16/25, 11:47 Former University of Kentucky researcher once disciplined for sexual harassment | Lexington Herald Leader 6/6", "7756_102.pdf": "Bill requiring more disclosure on teacher sexual misconduct clears key House committee February 28, 2023 at 7:31 Illustration by Brian Simms/bsimms@herald-leader.com House Bill that would make it more difficult for Kentucky teachers who have been accused of prior sexual misconduct to move from school district to school district cleared a key House committee Tuesday. The House Education Committee voted unanimously to approve House Bill 288. It will now move to the full House for a vote. House Bill 288 would ban nondisclosure agreements about teacher misconduct, including sexual misconduct, involving minors. The bill would also increase disclosure requirements about past misconduct 2/16/25, 11:48 Bill requiring more disclosure on teacher sexual misconduct clears key House committee 1/8 Applicants for jobs must disclose if they have been the subject of an investigation in the prior 12 months. It would also require that past investigations into teacher misconduct remain in a teacher\u2019s file. School districts must talk to all previous schools a teacher has been employed at before hiring an individual, the bill says. School districts would not be sued for releasing information about a teachers\u2019 prior misconduct, according to the bill. Much of the bill also applies to private schools that are accredited by the Kentucky Department of Education. In addition, the omnibus bill would also require teachers to receive training regarding appropriate boundaries and conduct between teachers and students every five years. The Kentucky Department of Education has until 2024 to develop the training. Rep. James Tipton, R-Taylorsville, said the bill was in response to a Lexington Herald-Leader series of stories on teacher sexual misconduct. Tipton is the chairman of the House Education Committee. In a September series, the Herald-Leader obtained 194 cases of teachers who voluntarily surrendered or had their license revoked or suspended from 2016 to 2021. Of those, 118 \u2014 61% \u2014 lost their license due to sexual misconduct. The overwhelmingly majority of those cases involved male teachers and teenage girls. Currently, Kentucky requires teachers to have training on sexual abuse but that training is not specific to misconduct between school staff and students. At least 12 states and Washington D.C. have strengthened screening tools so teachers who have been accused of misconduct in one district can\u2019t move to 2/16/25, 11:48 Bill requiring more disclosure on teacher sexual misconduct clears key House committee 2/8 another district, according to MassKids, a group that tracks laws regarding teacher misconduct. In December, the Herald-Leader reported a teacher who had been accused of inappropriate behavior in Paris Independent School District got a job in Jessamine County. The teacher, Jason Earlywine, later was accused of making inappropriate comments to female students at Jessamine County and was eventually terminated for lying about the prior allegations of inappropriate conduct at Paris Independent. Earlywine, who has vigorously denied the allegations, lost his teacher\u2019s license in October. In another case highlighted by the Herald-Leader, Eric Smart, a former researcher at the University of Kentucky was investigated and disciplined for sexual harassment at the university in 2009. Later, Smart got a job teaching at Bourbon County High School. Two former Bourbon County High School students have filed a complaint with the Education Professional Standards Board, which oversees teacher licenses, alleging Smart sexually harassed them. That case is still pending. Numerous students and staff told the newspaper they had complained about Smart\u2019s behavior in the past. 2/16/25, 11:48 Bill requiring more disclosure on teacher sexual misconduct clears key House committee 3/8 Related articles 2/16/25, 11:48 Bill requiring more disclosure on teacher sexual misconduct clears key House committee 4/8 2/16/25, 11:48 Bill requiring more disclosure on teacher sexual misconduct clears key House committee 5/8 Related articles 2/16/25, 11:48 Bill requiring more disclosure on teacher sexual misconduct clears key House committee 6/8 Related articles 2/16/25, 11:48 Bill requiring more disclosure on teacher sexual misconduct clears key House committee 7/8 2/16/25, 11:48 Bill requiring more disclosure on teacher sexual misconduct clears key House committee 8/8", "7756_103.pdf": "despite-support/article_83f42250-fc46-11ee-ba54-1bdc54283735.html Bill upping disclosure of Kentucky educator sexual misconduct fails to pass despite support By Beth Musgrave and Valarie Honeycutt Spears, Lexington Herald-Leader Apr 17, 2024 bill that would require more disclosure of teacher sexual misconduct, ban nondisclosure agreements and require teachers to tell prospective employees about prior investigations of misconduct failed to pass the Kentucky General Assembly despite unanimous support. House Bill 275, a sweeping educator sexual misconduct bill, would help stop a \u201crevolving door of sexual predators\u201d in our schools, said Sen. Stephen West, R-Paris, in late March. The bill passed unanimously in the Senate March 27. It had passed unanimously in the House in February. The Senate made some tweaks and changes to the bill. The House never concurred or addressed the changes on Monday, the last day of the legislative session. This is the second year the bill, despite not receiving any \u201cno\u201d votes, failed to pass the Kentucky General Assembly. Rep. James Tipton, R-Taylorsville, the sponsor of 275, was not immediately available for comment Monday night. The bill would require schools complete investigations into teacher sexual misconduct. Sometimes teachers resign before an investigation is completed and the school district does not know the teacher has been under investigation, Tipton said. The bill also requires teachers to disclose those investigations to prospective employers. The bill bans nondisclosure agreements between an educator and a school district. It also requires school districts have all employees pass criminal background checks every five years. It would also up teacher and staff education to include training on appropriate boundaries between students and adult staff. That training would be required every five years. 2/16/25, 11:48 Bill upping disclosure of Kentucky educator sexual misconduct fails to pass despite support | News | murrayledger.com 1/2 The Lexington Herald-Leader\u2019s September 2022 investigation highlighted just how significant the problem of teacher sexual misconduct is in Kentucky, West said April 10. The newspaper obtained 194 cases of teachers who voluntarily surrendered or had their license revoked or suspended from 2016 to 2021. Of those, 118 \u2014 61% \u2014 lost their license due to sexual misconduct. The overwhelming majority of those cases involved male teachers and teenage girls. The Herald-Leader also found instances where teachers who had previously been accused of sexual misconduct moved to other school districts and were accused again of misconduct. In February, the Kentucky Education Standards Board revoked the license of Eric Smart, a Bourbon County teacher, for his inappropriate behavior to students and staff. Smart, who resigned from the school district in June 2023, resigned from the University of Kentucky in 2012 after university and federal officials found he had fabricated research. Smart had been disciplined for sexual harassment in 2009 at but that disciplinary record never made it into Smart\u2019s personnel file, records show. Tipton filed a similar bill in 2023 but the measure never made it to the full Senate for a vote despite passing unanimously in the House and the Senate Education Committee. 2/16/25, 11:48 Bill upping disclosure of Kentucky educator sexual misconduct fails to pass despite support | News | murrayledger.com 2/2", "7756_104.pdf": "Retraction Watch Tracking retractions as a window into the scientific process Eric J. Smart, via Kentucky First retraction for Eric Smart, who faked dozens of images, appears in Eric Smart, who as we reported in November was sanctioned by the Office of Research Integrity (ORI) for faking dozens of images in ten papers and seven grants over the past decade, has had his first retraction. Here\u2019s the December 24 notice, from PNAS: Retraction for \u201cAnnexin 2\u2013caveolin 1 complex is a target of ezetimibe and regulates intestinal cholesterol transport,\u201d by Eric J. Smart, Robert A. De Rose, and Steven A. Farber, which appeared in issue 10, March 9, 2004, of Proc Natl Acad Sci (101:3450\u20133455; first published February 25, 2004; 10.1073/pnas.0400441101). The undersigned authors wish to note the following: \u201cWe chose to retract the paper when the Office of Research Integrity determined the lead author, Eric J. Smart, engaged in research misconduct and falsified and/or fabricated the data presented in Fig. 2B and 2D and Fig. 4 ( These findings undermine our confidence in the other Western blot data performed by the lead author (Fig. 1B and 1C, Fig. 2A and 2C, and Fig. 3B and 3E) which provided the basis for many of the key conclusions reported. We regret any negative consequences that resulted from the publication of this manuscript.\u201d 2/16/25, 11:48 First retraction for Eric Smart, who faked dozens of images, appears in \u2013 Retraction Watch 1/6 16 thoughts on \u201cFirst retraction for Eric Smart, who faked dozens of images, appears in PNAS\u201d chirality January 7, 2013 at 3:51 pm \u201cAs soon as received Everson\u2019s complaint, officials began investigating. Smart was put on paid leave and was told to work at home. But at least one official was looking out for Smart: his then-boss, Tim Bricker, the former chair of pediatrics, wrote him a recommendation letter to the state\u2019s teacher certification agency, calling him \u201can out- standing teacher.\u201d Bricker is thought to have also removed a letter of reprimand from Smart\u2019s personnel file that detailed his yearlong probation for sexual harassment and creating a hostile work environment in his lab.\u201d \u201cFang also is disturbed by the idea that Everson, the whistle-blower in the Smart case, was let go by when at least one employee helped Smart find new employment.\u201d Robert A. De Rose Steven A. Farber The paper has been cited 98 times, according to Thomson Scientific\u2019s Web of Knowledge number of stories in the Lexington Herald-Leader since the announcement have revealed more troubling information abut the case. The paper reported in late November that Smart had once been disciplined for sexual harassment, and also pro- filed the whistleblower in the case. And in echoes of Anil Potti, Smart\u2019s boss wrote him a letter of recommendation after he had been suspended. Of note, it looks as though Federal Register notices are now hooked up to Medline, which means that any paper mentioned in an report \u2014 as this one is \u2014 will have a \u201cFindings of research misconduct\u201d link on the Medline abstract. We like this, needless to say. January 7, 2013 Ivan Oransky cardiology retractions, cell biology, eric smart, faked data, freely available, image manipulation, ori investigations, pnas retractions, united states \uf307 \uf304 \uf301 2/16/25, 11:48 First retraction for Eric Smart, who faked dozens of images, appears in \u2013 Retraction Watch 2/6 bit disturbing. Paul Thompson January 7, 2013 at 3:56 pm What are you quoting? chirality January 7, 2013 at 4:07 pm Paul Thompson January 7, 2013 at 3:54 pm It certainly appears that this is an appropriate and reasonable conclusion. However, the report does not detail the process by which the conclusion was reached. Who first triggered the investigation? What process was used to check that these many im- ages were inappropriately used? In the recent discussions, many have made comments about the need for rooting out fraud, and many (myself included) have indicated that a process for identifying fraud is needed is pretty much the last step. What is the process that occurred in this case? Is it one that could be used more generally? Or putting it more clearly, if you suspect fraud, to whom should it be referred, and how should that referral be made? Stewart January 7, 2013 at 4:33 pm This weekend would have been perfect, if only Fraudster was here! The skeletons are coming out of their closet lately. The whistleblower in this case, as many others, was \u2018let go\u2019 for telling the truth! 2/16/25, 11:48 First retraction for Eric Smart, who faked dozens of images, appears in \u2013 Retraction Watch 3/6 And now we can all see, the glaring truth, whistleblowing to be anonymous. We can shine the torch on the garbage, and the officials can do the rest. The officials are moving, that we can see. Well done, there are still many good people in science LESS. Donald S. Kornfeld, M.D. January 7, 2013 at 4:36 pm Apparently Smart received 4 million dollars in Federal grant support. Assuming that over the course of these ten years he submitted some of these fake data in those grant applications, he would be guilty of fraud, a Federal crime punishable by jail or fine. Prosecutions can occur if forwards such cases to the Justice Department. As have noted in other posts, a few well publicized prosecutions might have a chilling effect on those contemplating similar behavior Stewart January 7, 2013 at 4:38 pm am sorry, is that a typo? Did you write 4 million dollars in Federal Grants? Donald S. Kornfeld, M.D. January 7, 2013 at 5:02 pm \u201cSmart did his PhD at and was awarded an endowed chair in 2003. His research brought in $8 million in federal grants, according to the UK, mostly from National Institutes of Health agencies such as the National Heart, Lung, and Blood Institute and the National Institute of Diabetes and Digestive and Kidney Diseases. Smart, who re- signed from his position shortly after the first round of investigations was complete in May 2011, was not available for comment but the Kentucky newspaper Lexington 2/16/25, 11:48 First retraction for Eric Smart, who faked dozens of images, appears in \u2013 Retraction Watch 4/6 Herald Leader reported that he is now working as a chemistry teacher in a local school.\u201d The paragraph above is from the Nov 27 issue of The Scientist. An article entitled Decade of Misconduct. The 4 million may have been an underestimate. Of course, we don\u2019t know how many of the 8 million dollar grants cited in this article were based on the fraudulent data January 11, 2013 at 12:37 pm Google Reporter\u201d and open the link. In the Blanks enter: Smart Eric In the Fiscal Year (FY) box Check/Uncheck \u201cALL\u201d Submit Query You should get a list of grants that list Eric Smart as Principal Investigator. Sort by FY. Total costs includes direct costs + \u201coverhead\u201d Total costs back to 2000 add up to more than $8 million. Nice work if you can get it. Frank January 8, 2013 at 8:47 am That \u201cwhom\u201d should be a \u201cwho\u201d (first sentence). ivanoransky January 8, 2013 at 9:30 am Fixed, thanks. Neuroskeptic (@Neuro_Skeptic) January 8, 2013 at 11:35 am He\u2019s a qualified teacher, with a certificate to give classes on chemistry and biology. 2/16/25, 11:48 First retraction for Eric Smart, who faked dozens of images, appears in \u2013 Retraction Watch 5/6 His certificate for teaching how to make up data is clearly still awaiting approval. Stewart January 8, 2013 at 1:24 pm At least he has realised if you can\u2019t do science, teach it! Hattaway January 8, 2013 at 1:56 pm find it disturbing that he is teaching in a high school when he has already been charged with sexual harassment with adults. How much worse will he be with vulnera- ble adolescents? The Iron Chemist January 9, 2013 at 3:27 pm Smart hire, yes smart hire, no. Sorry, couldn\u2019t resist\u2026 blatnoi January 14, 2013 at 9:32 am Well Iron Chemist see you as more of a conductor. This site uses Akismet to reduce spam. Learn how your comment data is processed. Privacy policy / Proudly powered by WordPress 2/16/25, 11:48 First retraction for Eric Smart, who faked dozens of images, appears in \u2013 Retraction Watch 6/6", "7756_105.pdf": "Sunday, Feb. 16, 2025 \uf002 \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f News Former university professor accused of research misconduct November 28, 2012 By Judah Taylor news@kykernel.com Following an investigation by the U.S. Office of Research Integrity, a decade of work from a former professor has been censored following allegations of scientific misconduct. Eric J. Smart, a former professor of pediatrics and physiology, pediatrics vice chair of research and the Barnstable-Brown chair in diabetes research since 2003, ended his 12-year affiliation with in May. On Nov. 20, the released a report of findings and took final action against Smart. The federal report alleged that during his time with UK, Smart had falsified data that was included in at least 10 published papers and numerous reports and applications. After a comprehensive internal investigation also found Smart to be guilty of research misconduct for \u201cclaiming results that actually never happened,\u201d UK\u2019s General Counsel William Thro said. Among the falsified data, according to the report and Thro, were five grant applications and three progress reports about nonexistent \u201cknockout\u201d mice, which have been genetically engineered to have at least one gene turned off, or \u201cknocked out,\u201d through a targeted mutation. The found many of Smart\u2019s published findings to be kentuckykernel Kentucky Kernel 12.6K followers \u2022 1,939 posts View full profile on Instagram Tweets by KyKernel Follow us on Instagram \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f falsified also. In more than 33 instances the office found Smart to be guilty of manipulating \u201cwestern blots\u201d \u2014 an analytic technique that allows scientists to find a specific protein in a sample of tissue \u2014 to falsify data in publications and reports in order to complete his research. Thro said the incident was \u201cresearch misconduct of the most serious nature.\u201d Thro said that has thousands of researchers on and off the main campus who are working honestly, and that this incident should not take away from what other researchers are doing. \u201cThe stuff our researchers do is vital to the university, to the commonwealth and really to society as a whole,\u201d he said. \u201cWe have people who are trying to create medicines and procedures who are trying to make lives better \u2026 life easier, more comfortable or overall safer. \u2026 There is no place in such an environment for the type of scientific misconduct that was at issue here.\u201d The Kernel could not reach Smart for comment Tuesday. Bourbon County superintendent Lana Fryman, who hired Smart to work as a chemistry teacher at Bourbon County High School while he was still affiliated with in 2011, told the Lexington Herald-Leader in an interview published Monday that \u201che (Smart) said there is no evidence to base their (the ORI\u2019s) allegations on.\u201d \u201cHe (Smart) really goes above and beyond,\u201d Fryman told the Herald-Leader. \u201cThe kids really like him. The faculty really like him.\u201d Following the investigation, Smart agreed to a settlement with the federal government that will leave him debarred and suspended for the next seven years, according to the report, in which time he will not be able to advise to, research or raise grants for government agencies, including the National Institutes of Health. When asked how will move forward, Thro said, \u201cWe \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f \u00a9 2025 Pro WordPress Theme by \u2022 Log in will continue to do the outstanding research that we are doing. We will make sure that our policies continue to be effective \u2026 we will also endeavor to reinforce the culture that we currently have of no tolerance for research misconduct.\u201d Leave a Comment kykernel.com 9 Blazer Dining Lexington 40506 Phone: (859) 257-1915 Email: editor@kykernel.com About Us Advertise With Us Subscribe To Our E\u2026 Support The Kernel Mens Basketball Women\u2019s Basketball Football Baseball Softball Volleyball Gymnastics Men\u2019s Soccer Women\u2019s Soccer Tennis News Features Sports Opinions Multimedia Classifieds Local Events \uf39e \uf16d\ue61b\ue07b\uf167\uf0e0 \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f"} |
8,462 | John Douglas Tolli | Southwestern College | [
"8462_101.pdf",
"8462_102.pdf"
] | {"8462_102.pdf": "City College Lab Tech on Leave Amid Sex-With- Students Accusations at by Ken Stone \u2022 Times of San Diego Oct. 3, 2019, 10:55 p.m. San Diego Community College District headquarters. Photo by Chris Stone The San Diego Community College District confirmed reports Thursday that it placed a City College lab technician on paid administrative leave while the district reviews accusations he had sex with students and kept sex tapes on his work computer while working at Southwestern College. The district hired John Douglas Tolli as an instructional lab technician June 1, 2018 and he has remained with the school continuously since then. District spokesman Jack Beresford said the district couldn\u2019t comment further on individual employees\u2019 employment status. 2/16/25, 11:49 City College Lab Tech on Leave Amid Sex-With-Students Accusations at - Times of San Diego 1/2 \u00a9 2025 Powered by Newspack \u201cThe safety of our students and employees is the district\u2019s highest priority,\u201d Beresford said in a statement. \u201cIn terms of onboarding new employees, all prospective job candidates are given a thorough background check before they are hired.\u201d Prior to joining City College, Tolli was a biology professor at Southwestern College report by Voice of San Diego found that during the investigation of a Title complaint about Tolli in 2017, investigators found he had dozens of nude photos of himself and other students, as well as video on his work computer of him having sex with a student. The private investigative firm hired by Southwestern College found 12 allegations of misconduct against Tolli involving two students. However, the college allowed him to resign the same month that he was hired at City College and, as part of a separation agreement between the two parties, the college would avoid disclosing the investigation to future employers. Beresford said the school\u2019s background-check process will show existing criminal records but is limited regarding incidents at a prospective employee\u2019s past places of employment, showing only the dates during which they were employed and their job title. \u201cThe district \u2026 takes very seriously its responsibilities under Title IX,\u201d Beresford said. \u201cAll Title complaints are followed up on immediately and we encourage anyone who feels they have been the subject to harassment or any other form of abuse, to come forward confidentially and with the full protection of the law.\u201d \u2014 City News Service 2/16/25, 11:49 City College Lab Tech on Leave Amid Sex-With-Students Accusations at - Times of San Diego 2/2"} |
7,590 | Jim Fiore | State University of New York - Stonybrook | [
"7590_101.pdf",
"7590_102.pdf",
"7590_103.pdf",
"7590_104.pdf"
] | {"7590_101.pdf": "Former Stony Brook athletic director Jim Fiore stands accused of discriminating against employees based on gender, age and sexual orientation, according to a report on espnW.com. Fiore, who was fired by the school on Nov. 19, is also accused of inappropriately touching female student-athletes, in one instance rubbing the inner thigh of an athlete who was rehabilitating a leg injury. On Wednesday, Fiore released a statement through his personal spokesman adamantly denying the claims, calling the ESPNw story \u201cabsolutely outrageous and rife with falsehoods.\u201d \u201cThe anonymous, \u2018kitchen sink\u2019 allegations that have been made against me are absolutely false,\u201d the statement reads cannot help but think that the motives of the unnamed \u2018sources\u2019 serve no purpose other than someone\u2019s obvious financial gain and to hurt me personally and professionally will vigorously fight these bogus claims and defend my reputation.\u201d According to documents that were received by the Attorney General of New York and the State Inspector General, Fiore asked female coaches and student-athletes if they were homosexual, and behaved inappropriately. Stony Brook University\u2019s Office of Diversity and Affirmative Action received several complaints about Fiore and had knowledge of his actions for at least two years, but failed to act, according to the report. One document said the university did not interview key female coaches, staff and administrators when conducting an internal investigation into the claims brought against Fiore. That same document also accuses Fiore of misappropriating university resources, as he allegedly held practices for his son\u2019s basketball team on campus without compensating the school. Sources told espnW there was no negotiation involved with his dismissal from the university. According to Newsday, Fiore was summoned to a meeting with the school\u2019s head of human resources, given a lump-sum payment, and told to leave. Fiore\u2019s spokesman, Michael Conte, told Newsday last Wednesday \u201cthe letter Jim received informing him of the termination of his contract specified no disciplinary action. It would be counterintuitive to conclude the university would buy out his contract to the sum of nearly $800,000 if Jim was facing disciplinary charges.\u201d Fiore, who became the athletic director at Stony Brook in June 2003, was a candidate for the Rutgers athletic director job following the resignation of former athletic director Tim Pernetti as part of the Mike Rice fallout. However, Rutgers eliminated Fiore from consideration after sources outside of the search process told the school about the allegations at Stony Brook , 11/26/13 Axed Stony Brook denies harassment By John DeMarzo Published Nov. 26, 2013, 9:31 p.m \u2018Miracle cop critically hurt in car chase is released from hospital: \u2018He\u2019s been working like a champ\u2019 Sutton Foster is going on a short tour. How much do tickets cost? Stony Brook prepares to face #5 Villanova | College Football Spotlight Sports Sports Betting Columnists Olympics Sports Entertainment Gol 2/16/25, 11:49 Axed Stony Brook denies harassment 1/3 Mets Alderson surprised by Peralta contract Unlock full access to Post sports columnists and newsletters Mike Sullivan's Team adjustments have been a 4 Nations work of art should take notes from NHL's 4 Nations Face-Off spectacle needs to fix its glaring perception problem with players even starting to criticize Already a subscriber? Log in Larry Brooks Joel Sherman Stefan Bondy 2/16/25, 11:49 Axed Stony Brook denies harassment 2/3 \u00a9 2025 Holdings, Inc. All Rights Reserved Terms of Use Membership Terms Privacy Notice Sitemap Your California Privacy Rights Just like Bridget Jones, Ren\u00e9e Zellweger is finding love after heartbreak \u2014 at age 55 Chevy Chase attends 50' special after slamming show \u2014 and nearly coming to blows with Bill Murray 2/16/25, 11:49 Axed Stony Brook denies harassment 3/3", "7590_102.pdf": "By By UPDATED: UPDATED: January 10, 2019 at 11:26 January 10, 2019 at 11:26 Gregory Payan Gregory Payan Stony Brook on Long Island is the latest school to face accusations of bad behavior by Stony Brook on Long Island is the latest school to face accusations of bad behavior by staff. staff Controversial firing of Stony Controversial firing of Stony Brook Jim Fiore shrouded in Brook Jim Fiore shrouded in mystery mystery 2/16/25, 11:49 Controversial firing of Stony Brook Jim Fiore shrouded in mystery \u2013 New York Daily News 1/3 When Stony Brook suddenly dismissed Jim Fiore as athletics director last When Stony Brook suddenly dismissed Jim Fiore as athletics director last week it was a shocker to say the least. week it was a shocker to say the least. Here was the guy who had shepherded the school through an unprecedented Here was the guy who had shepherded the school through an unprecedented decade of athletic growth and success. The major facilities got upgraded. The decade of athletic growth and success. The major facilities got upgraded. The highest profile sports thrived, including the baseball team that reached the highest profile sports thrived, including the baseball team that reached the 2012 College World Series. Revenue was rolling in. 2012 College World Series. Revenue was rolling in. Fiore\u2019s time at end on Nov. 19 like this: He is told of his dismissal, he is Fiore\u2019s time at end on Nov. 19 like this: He is told of his dismissal, he is given a lump sum of about $800,000 to pay off the remaining 31 months on given a lump sum of about $800,000 to pay off the remaining 31 months on his contract and he is asked to go. His bio was taken off the school\u2019s website his contract and he is asked to go. His bio was taken off the school\u2019s website before Stony Brook president Samuel L. Stanley announced to the university before Stony Brook president Samuel L. Stanley announced to the university community via email that Fiore was done. community via email that Fiore was done dismissal goes down like that and it sounds like something scandalous dismissal goes down like that and it sounds like something scandalous happened. But if Fiore did something wrong, then why shell out the happened. But if Fiore did something wrong, then why shell out the $800,000? Stony Brook says it doesn\u2019t comment on personnel matters. But $800,000? Stony Brook says it doesn\u2019t comment on personnel matters. But this school is part of the State University of New York \u2014 your taxpayer dollars this school is part of the State University of New York \u2014 your taxpayer dollars at work \u2014 and there has to be some transparency about such spending. at work \u2014 and there has to be some transparency about such spending. Then on Tuesday came allegations \u2014 serious ones \u2014 in the form of an Then on Tuesday came allegations \u2014 serious ones \u2014 in the form of an espnw.com report espnw.com report. It claims from unnamed sources that Fiore behaved . It claims from unnamed sources that Fiore behaved inappropriately in myriad ways: asking whether someone is homosexual, inappropriately in myriad ways: asking whether someone is homosexual, making unwanted advances on athletes and staffers, discrimination. The making unwanted advances on athletes and staffers, discrimination. The story says there are documents, filed with the Attorney General of New York story says there are documents, filed with the Attorney General of New York and State Inspector General, detailing numerous complaints. and State Inspector General, detailing numerous complaints. Fiore fired back quickly Wednesday via his attorney and spokesman. Between Fiore fired back quickly Wednesday via his attorney and spokesman. Between a statement from his spokesperson and a letter to from his attorney, he a statement from his spokesperson and a letter to from his attorney, he alleges a smear campaign. And in a strange way, the university sounds like it alleges a smear campaign. And in a strange way, the university sounds like it may agree. may agree. Now anonymity from a sexual harassment victim isn\u2019t a problem university Now anonymity from a sexual harassment victim isn\u2019t a problem university that doesn\u2019t discipline an employee with this pattern of behavior \u2014 if the that doesn\u2019t discipline an employee with this pattern of behavior \u2014 if the allegations are true \u2014 is. And if it also hands him $800,000? That\u2019s a pretty big allegations are true \u2014 is. And if it also hands him $800,000? That\u2019s a pretty big problem, and the Stony Brook administration clearly knows it. problem, and the Stony Brook administration clearly knows it. Stony Brook on Long Island is the latest school to face accusations of bad behavior Stony Brook on Long Island is the latest school to face accusations of bad behavior by staff. by staff. Stony Brook on Long Island is the latest school to face Stony Brook on Long Island is the latest school to face accusations of bad behavior by staff. accusations of bad behavior by staff. 2/16/25, 11:49 Controversial firing of Stony Brook Jim Fiore shrouded in mystery \u2013 New York Daily News 2/3 2013 2013 \ue907 \ue907November November \ue907 \ue90728 28 Originally Published: Originally Published: November 28, 2013 at 2:26 November 28, 2013 at 2:26 Stony Brook issued a statement in response to the allegations in the story Stony Brook issued a statement in response to the allegations in the story saying it \u201ctakes all claims of discrimination and sexual harassment seriously\u201d saying it \u201ctakes all claims of discrimination and sexual harassment seriously\u201d but that because the claims \u201cdo not identify the sources of those allegations but that because the claims \u201cdo not identify the sources of those allegations or the documents relied upon, the University and the public cannot reliably or the documents relied upon, the University and the public cannot reliably assess (their) truthfulness.\u201d It adds this: \u201cWhat we can tell you is that the assess (their) truthfulness.\u201d It adds this: \u201cWhat we can tell you is that the University received a single complaint concerning the athletic department University received a single complaint concerning the athletic department from one university employee. We took this complaint very seriously and from one university employee. We took this complaint very seriously and acted promptly to understand and respond to the issues raised.\u201d acted promptly to understand and respond to the issues raised.\u201d It refers to a 2012 sexual harassment complaint against Fiore that was It refers to a 2012 sexual harassment complaint against Fiore that was investigated by the school and the State Department of Labor. These resulted investigated by the school and the State Department of Labor. These resulted in neither charges nor discipline. Fiore has long been guilty of arrogance and in neither charges nor discipline. Fiore has long been guilty of arrogance and ambition \u2014 he even said last fall Stony Brook could become a candidate for ambition \u2014 he even said last fall Stony Brook could become a candidate for the Big Ten if it expanded. the Big Ten if it expanded. But what happened here at the state university still remains a mystery and But what happened here at the state university still remains a mystery and that\u2019s unacceptable. that\u2019s unacceptable. Is Fiore gone because of a personality conflict with Stanley? Did he do these Is Fiore gone because of a personality conflict with Stanley? Did he do these horrible things and not receive discipline? And if that happened and Stanley horrible things and not receive discipline? And if that happened and Stanley handed him a big check, then he\u2019s got some explaining to do. handed him a big check, then he\u2019s got some explaining to do. Everyone here is a state employee, which means they work for all of us. We Everyone here is a state employee, which means they work for all of us. We want to know what happened and why it cost $800,000. want to know what happened and why it cost $800,000. 2/16/25, 11:49 Controversial firing of Stony Brook Jim Fiore shrouded in mystery \u2013 New York Daily News 3/3", "7590_103.pdf": "University Libraries Special Collections and University Archives Timeline of Events & Milestones The first comprehensive timeline of Stony Brook University history was compiled by Kristen J. Nyitray, Ann M. Becker (graduate student assistant) and Deborah Dolan (graduate student intern) between 1998 and 2000. Entries from the book Stony Brook: State University of New York (Arcadia Publishing, 2002) by Kristen J. Nyitray and Ann M. Becker have been added. Press releases issued by the Office of Media Relations were consulted for the most recent additions to the timeline. Last update: July 2020. Table 1: 1948 to 1969 Start Date End Date Event 1948 New York State adopts the State University of New York system. This system links 31 state-supported campuses. Most are teacher-training schools, with a total of 28,300 students. 1948 William Robertson Coe presents his 400-acre Long Island estate, located in Oyster Bay and called Planting Fields, to New York State for use as a school of horticulture after his death. 1956 Ward Melville donates land in Stony Brook and his parent's former estate in the Village of Old Field known as \u201cSunwood\u201d to the State University of New York. The acreage, valued at $4.5 million, will be the future location of the State University of New York at Stony Brook. Sunwood will host recitals and visiting scholars. 1956-02 The Board of Trustees of the New York State University system recommends that a state-supported and state-operated college and graduate school be established on Long Island for the education of young men and women in the sciences, math, and engineering. 1956-10 The Board of Regents adopts the Board of Trustees\u2019 recommendation to establish a college and graduate school on Long Island. They authorize a temporary campus, the bequeathed Coe estate in Oyster Bay as a temporary campus, while a new campus is constructed at Stony Brook on the 480 acres donated by Ward Melville. The college is called the State University College of Long Island at Oyster Bay. Its mandate is to prepare secondary math and science teachers. 1957-09-17 The State University College of Long Island at Oyster Bay opens on September 16, 1957. There are 148 first-year students and 14 faculty members. There is one building and six classrooms. Together with a dormitory converted from horse stables, this comprises the temporary campus. The college is tuition-free. 1957-10-30 Classes are cancelled for the first student social event titled \"Nameless Day.\" Activities include volleyball, tug-of-war, and egg tossing. 1958 Its name newly changed to the State University Center on Long Island at Oyster Bay, the University is \u201cnow authorized to prepare students for careers in science, mathematics and engineering.\u201d Tuition is free for students preparing to be secondary school teachers, $375 per year for other New York residents and $455 for non- residents. 1958-02 The first student publication, the newspaper titled Sucolian (acronym for State University College on Long Island), is published. Science Laboratory, State University College on Long Island, c1958 From the University Archives Photograph Collection 1958-04-01 Professors Swartz and Levin shared office quarters in Mrs. Coe's former bathroom, where the fixtures were made of solid gold plating. Professors Gordon and Chill shared a space in a converted closet that served as Mrs. Coe's dressing room. 1959-02-01 State University College on Long Island chose its own colors: blue and gold. The colors, which also represented the State University of New York, were chosen by a vote of the faculty. 1958-09-01 Tuition for students in science, mathematics and engineering was $375.00 a year. For out-of-state students, tuition was $455.00 per year. In accordance with state policy there was no tuition charge for those students preparing to be secondary school teachers. 1959-04-22 The title of the student newspaper Sucolian is changed to the Statesman. 1960 The Heald Report recommends upgrading New York State\u2019s higher education system, specifically urging a new major university \u2013 The Long Island Center at Stony Brook. The State Board of Regents and Governor Nelson A. Rockefeller establish the future university\u2019s mission as a comprehensive university center. 1960-04-08 The formal ground breaking ceremony is held for the newly named State University of New York, Long Island Center at Stony Brook. New York State Governor Nelson Rockefeller turns the first spade of dirt, accompanied by Ward Melville, State University of New York Trustee Chairman Frank Moore, and others. 1960-06-09 Trustees designate the Stony Brook campus as a university center and officially change its name from the State University College on Long Island to the State University of New York, Long Island Center. 1961-02-01 1961-11-09 John F. Lee is appointed as the first President of the University, still located in Oyster Bay. His mandate is to convert the Long Island Center from a science and engineering college to a university with liberal arts and sciences programs and a graduate school. 1961-06-25 1st commencement exercises held. Twenty-five Bachelor of Science degrees are awarded in ceremonies held at Planting Fields in Oyster Bay. 1961-09 Fifteen buildings - geodesic domes - provide new classrooms for the Oyster Bay student body, now numbering 600. Classes begin in September with 527 students and 138 faculty members. 1961 The first published list of student officers in the campus is posted in the Bulletin. Rosemary Capone is moderator of the Student Polity; 42 students make the Dean\u2019s Honors List. 1961-10-01 Students engage in the first of many future campus demonstrations. They boycott classes in protest of the transfer and removal of key administrators of the Oyster Bay campus. 1961-11-09 President Lee resigns due to controversy over bureaucratic and organizational matters. Dr. Thomas H. Hamilton is appointed as chief administrator. 1962 1963 Dr. Thomas H. Hamilton appointed as acting administrative head of the university. The Trustees granted him the authority to \"exercise the powers and perform the duties pertaining to the office of President of the said Long Island Center until such time as a new incumbent of such office shall been appointed.\" 1962-06-03 2nd Commencement exercises held at the Oyster Bay campus. 1962 WUSB, a carrier current radio station, begins broadcasting on the Stony Brook campus on 820 kHz on the band. 1962-09-25 While some classes and laboratories continue at the Oyster Bay campus for a fifth and final year, the new Stony Brook campus opens on 9/16 and classes begin on 9/25. It is known as the State University of New York at Stony Brook at Stony Brook). The two completed academic buildings are Humanities and Chemistry. Most classes are held in the Humanities building. The dormitory Dorm, accommodates 616 resident students Dorm also houses the administrative, athletic, student government and newspaper offices, and the infirmary. 1963-06-02 3rd Commencement exercises held. 1963-06-19 The Muir Report is issued and recommends to New York State Governor Nelson Rockefeller and the Board of Regents the establishment of \u201ca new medical center, including schools of medicine, dentistry and other health professions, on the State University campus at Stony Brook, Long Island by 1970\u2026\u201d 1963 report commissioned by Governor Nelson Rockefeller titled \"Education for the Health Professions,\" (commonly referred to as the Muir Report because its principal author was the chair of the New York State Committee on Medical Education, Malcolm Muir) proposes the establishment of a medical school and teaching hospital at Stony Brook University to address a projected shortage of doctors on Long Island by the 1980s. 1963 In the fall, the Library, Engineering, Biology, and Physical Laboratory (housing Physics and Mathematics) buildings are opened. 1964-05 The Health and Physical Education Building opens. 1964-06-07 4th Commencement exercises held. It is the first held on the Stony Brook campus. 1965-04-01 John S. Toll is inaugurated as the second President of the university. 1965 University is named State University of New York at Stony Brook. 1965 The Stony Brook Foundation is established as a not-for-profit corporation under New York State Education Law. It is chartered to collect and manage gifts from private and other non-state resources to supplement state funding of Stony Brook. 1965-06-06 5th Commencement exercises held. 1965 Students choose \"Patriots\" as the new name for Stony Brook\u2019s athletic teams. 1966 C.N. Yang, Nobel laureate, joins the Stony Brook faculty. On November 13, 1965, he was appointed \"Einstein Professor of Physics,\" one of only ten Einstein Professors in New York State. 1966 Stony Brook is selected to be the site of the New York State Marine Sciences Research Center. 1966-04-18 John S. Toll installed as president of Stony Brook University. 1966-06-05 6th Commencement exercises is held. First PhD awarded to Raymond Arthur Mackay (Chemistry). 1966-09 The first Vice President of the Health Sciences, Edmund Pellegrino, is charged with establishing a medical center at Stony Brook University that includes a tertiary care hospital. 1966-10-27 Governor Nelson Rockefeller attends ground breaking ceremonies for three new buildings: Graduate Engineering, the Computing Center, and the Earth and Space Sciences building. 1966 The first Professor of Medicine, Dr. Alfred Knudsen, is appointed to the Health Sciences. 1967 Student Union groundbreaking is held. 1967 Construction is begun on a pedestrian bridge intended to connect the Student Union, Library, and what will later be the Fine Arts Center. 1967-03-07 The nine-million-volt King Tandem Van de Graaff accelerator is delivered to campus. It is a 44-foot-long, 57.5-ton atom smasher. The first of its kind at any university in the world. 1967-06-04 7th Commencement exercises held. 1967 Stony Brook\u2019s Center for Continuing Education conducts its first classes. 1967 building, the first dormitory, is renamed in honor of Washington Irving and Eugene O\u2019Neill. 1967-12-07 Students hold a demonstration in protest against the Army\u2019s Selective Services. 1967 Buildings on West Campus are filled to capacity. University President John Toll pushes for construction of new structures to hold burgeoning student population. 1967 West Campus doubles in size, adding dormitory space for 3,000 students and nearly three million square feet of non-residential space to campus. 1968-01-17 The Suffolk County Police Department carries out \"Operation Stony Brook\" at 5am. 198 police officers arrive on campus for a \u2018drug bust\u2019 that results in the arrest of 35 young adults, 24 of whom are Stony Brook students. 1968-06-04 8th Commencement exercises held. 1968-09 Classes begin in September with 6000 students and 572 faculty members. 1968 Dr. Edmund Pellegrino and Dr. Alfred Knudsen create an \"ideal\" institution on paper to include five schools: Medical (now known as School of Medicine), Nursing, Dental Medicine, Social Work, and Allied Health Professions (now known as the School of Health Technology and Management); they commit to open the schools by September 1970. Dr. Edmund Pellegrino becomes chairman of the School of Medicine and recruits heads for the four other schools: Ellen Fahy, Nursing; Edmund McTernan, Allied Health Professions; Sanford Kravitz, Social Welfare; J. Howard Oaks, School of Dentistry. He also recruits Emil Frey, director of Health Sciences Center Library. 1968 Dr. Edmund Pellegrino proposes temporary buildings be constructed to hold classes and administrative offices. He also proposes to have students do clinical work at hospitals throughout Long Island, such as Long Island Jewish in New Hyde Park, Nassau County Medical Center in East Meadow Medical Center in Northport and Winthrop Hospital in Mineola. 1968 1974 The Departments of Biochemistry, Pathology, Psychiatry, Family Medicine, Microbiology, Surgery, Medicine and Pharmacology are established from 1968 to 1974. 1969-01-15 Dr. H. Bentley Glass, noted geneticist, becomes President of the American Association for the Advancement of Science while in the second of his three years as President of the United Chapters of Phi Beta Kappa. This is believed to be the only time one person has simultaneously held these two prestigious positions. 1969-08-13 1969-08-21 The Eighth International Congress of Crystallography convenes at Stony Brook. Among the major papers is a full analysis of the structure of insulin and a scientific analysis of the first moon rocks. 1969 Roth Quad opens. 1969 Dr. Jan Kott is appointed to the faculty of the English and Comparative Literature Departments. Dr. Kott authored more than 300 books and articles and is credited with revitalizing the production of modern theater in his native Poland. 1969-03-19 Students for a Democratic Society (SDS) organizes a sit-in in the library for students\u2019 rights. Hundreds of students participate; twenty-one are arrested after refusing repeated requests by President Toll to leave the building. 1969-05-15 The University gatehouse is burned and a security car overturned as student unrest continues. 1969-06-01 9th Commencement exercises held. 1969 In anticipation of future developments, Dr. Peter Rogatz is named director of University Hospital and Associate Director of the Health Sciences Center. 1969 Stony Brook Union opens in the fall semester after seven years of construction. The building contains meeting and conference rooms, a 600-seat ballroom, an art gallery, the campus radio station, offices for student organizations, a 24-hour snack bar, an arcade, a bowling alley, a craft center, and a beauty parlor. Table 2: 1970 to 1979 Start Date End Date Event 1970 Stony Brook's Child Care Services Program established. 1970 Students participated in an 11-day hunger strike against war- related research on campus. 1970 The first four Health Sciences Center (HSC) Schools open: Allied Health Professionals, Social Welfare, Nursing, and Basic Sciences begin classes in temporary facilities. 1970 Dr. Tobias Owen joins the Earth and Space Sciences faculty. During his tenure at Stony Brook, Dr. Owen was a member of the National Aeronautics and Space Administration space mission imaging science teams for unattended flights to Mars, Jupiter and Saturn. 1970 The Urban and Policies program is established. 1970 The first issue of Stony Brook People is published. 1970 The Stony Brook Union opens after long construction delays. 1970 Plans progress for design of physical structures. Recommendations call for a 1.3 million square-foot space complex to include space for the five health sciences schools, library, lecture halls and auditoriums, administration offices, physical plant, communications, and a 500-bed hospital. 1970 The University Construction Fund selects architect Bertrand Goldberg for the hospital and health sciences complex project. The project is split into construction phases: first, HSC; second, University Hospital; third, Basic Sciences Tower. Projected cost for each phase, exclusive of equipment, is $60 to $80 million. 1970-04 Construction begins on the Health Sciences Center. 1970-06-07 10th Commencement exercises held. 1970 Construction on the hospital stalls due to skepticism for the need and financial losses incurred by hospitals connected with Downstate and Upstate. 1970-09 total of 11 temporary buildings are ready for occupancy on the South Campus, on an undeveloped area south of the Health Sciences campus and on the west side of Nicolls Road, to house students for the five schools of the Health Sciences Center. 1970 Health Sciences Center faculty and staff of 64 welcome a total of 43 students to its first classes. 1971 The Health Sciences Center Schools of Allied Health Professionals, Basic Health Sciences, Social Welfare, Nursing, and Medicine begin offering classes. 1971 The fifth of six Schools opens: the School of Medicine with 24 students. 1971 Stuart Goldstein (Class of 1973) became Stony Brook University's first athlete to earn All-American honors. Goldstein was ranked 7th nationally in the sport of squash. 1971 The Frank Melville Jr. Memorial Library, named in honor of Ward Melville\u2019s father, opens after a major expansion project. 1971 Construction begins on the new Health Sciences Center. The complex is designed by Bertrand Goldberg Associates, whose architectural designs include the Marina City Towers in Chicago. 1971-06-06 11th Commencement exercises held. 1971-09-15 Students hold an Attica rally. 1972 The last of the six Schools opens: the School of Dental Medicine opens with 24 students chosen from 1600 applicants. 1972 Leah Holland (Class of 1976), the first woman on a Stony Brook swimming team, becomes the first woman to win a medal in the Metropolitan Intercollegiate Swimming Association Championships. 1972-05-28 12th Commencement exercises held. 1972 The State Legislature approves $9,947,000 for Phase for the Fine Arts Center, estimated to cost $15 million. 1972 1976 The Stony Brook Playhouse first opens at the Slavic Cultural Center in Port Jefferson, later moving its summer schedules to the Fine Arts Center in 1976. 1972 The Institute of Advanced Studies of World Religions moves to the Library. C.T. Shen, chairperson of the board of the American Steamship Company, founded it in 1970. 1972-12 Students march to the Smithaven Mall and join the National Strike protesting the bombing of Hanoi. 1972-09-07 Students hold a demonstration against the Department of Defense. 1972 Dr. J. Howard Oaks is appointed second Vice President for the Health Sciences. 1972 Dr. Marvin Kuschner, founding director of the Department of Pathology, is appointed the Dean of Medicine. 1972 Dr. Edmund Pellegrino accepts the position as chancellor of the University of Tennessee at Memphis. 1972 Ground is broken for hospital construction. 1973 The Middle States Association of Colleges and Secondary Schools accreditation report recognizes Stony Brook\u2019s \u201cspectacular achievement in so quickly becoming an institution of national stature.\u201d 1973 In the fall, the Graduate Chemistry building and the Math Tower open; the total number of buildings is 76. 1973 Dr. Paul Lauterbur, professor of chemistry, produced the first image of a living organism via nuclear magnetic resonance. 1973 Stu Goldstein (\u201973) becomes Stony Brook\u2019s first All-American athlete, earning honors in squash. 1973-09 Classes begin with 12,000 students and 830 faculty members. 1973 After much negotiating by Dr. Edmund Pellegrino and the Bureau of Budget, the hospital design is settled at 504 beds. 1973 Edmund Pellegrino departs Stony Brook. 1973-05-27 13th Commencement exercises held. 1973 1978 Construction of hospital begins and continues despite steel strikes, construction strikes and funding concerns. 1974 Graduate Biology is renamed the Life Sciences Building, and opens housing three departments of the Division of Biological Sciences and several departments of the Health Sciences Center School of Basic Health Sciences. 1974 Several new organizations are established on campus. The Mid- Career Counseling Center is founded by Professor Alan Entine; The Museum Computer Network is relocated Stony Brook from the Museum of Modern Art in Manhattan; and (Scientific Achievements for Non-Traditional Students). 1974-05-19 14th Commencement exercises held. 1974-12 William Butler Yeats Microfilmed Manuscripts Collection is acquired from the Yeats family and would become part of Special Collections. This is the most extensive collection of Yeats materials outside of Ireland. 1974 School of Medicine graduates its first class of 18 doctors. 1974 The School of Medicine gains reaccreditation and receives praise from the Liaison Committee for Medical Accreditation for its success. It also receives permission to increase its entering class from 24 to 48 students. The schools and the construction of the medical center are greatly supported by Governor Hugh Carey. 1975 Physics and Mathematics departments move to new complex, marking the completion of construction of facilities for sciences. 1975 Deborah Toll, wife of Stony Brook President John Toll, christens the research vessel \u201cOnrust,\u201d a 55-foot ship constructed for the Marine Sciences Research Center, at the Stony Brook Yacht Club. 1975 Professor Paul Lauterbur describes for the American Chemical Society \u201czeugmatography,\u201d a new technique for use of nuclear magnetic resonance spectroscopy that he developed at Stony Brook. 1975-05-18 15th Commencement exercises held. 1975 Phase of the Fine Arts Center opens. It includes classrooms, offices, rehearsal halls, a foundry, studios, and an art gallery. 1975 The Urban and Policies program, founded in 1970, becomes the W. Averill Harriman College for Urban and Policy Sciences in honor of New York\u2019s former governor. 1975 Parents Day held. 1975-08-24 1975-09-01 Foreign student orientation held. 1975-08-27 1975-08-30 Undergraduate student orientation held. 1976 Professors of Physics Peter van Nieuwenhuizen and Daniel Z. Freedman, along with Sergio Ferrera, co-discover supergravity. 1976 festival commemorates the establishment of the William Butler Yeats Archives at Stony Brook\u2019s Center for Contemporary Arts and Letters. 1976 The Federated Learning Communities is established with its founder, Professor Patrick Hill, as master learner in its first unit, World Hunger. It has 24 students. 1976 An open house marking the dedication of the Health Sciences Center attracts 16,000 visitors to the site. 1976-09-01 Classes begin with 16,571 students and 977 faculty members. 1976 Michael Elliott becomes second director of Hospital. 1976 University President John Toll charges Elliott and Oaks with opening the hospital as soon as possible. 1976 The Clinical Science Tower of the Health Sciences Center opens. 1976 Minor established in Women\u2019s Studies. 1976 1978 Michael Elliott hires a core planning staff for the hospital: Assistant Director Martin Karris, Deputy Directory of Nursing Pura Laborde, Deputy Director for Financial Affairs James C. Rich, Deputy Director for Systems Frank Russo, Materials Manager Walter Birkhauser, Controller Paul Honor, Assistant to the Director Margaret Ort, Manager of Systems Planning and Development Sid Packer and Assistant Administrator Kenneth Pearson. 1976-01-08 1976-01-11 Undergraduate Student Orientation 1976-01-12 1976-05-07 Spring 1976 Semester 1976-03-21 1976-03-28 Spring Break 1976-05-10 1976-05-15 Final Exams 1976-05-16 16th Commencement exercises held. 1976-08-29 1976-09-06 Foreign Student Orientation held. 1976-08-30 1976-12-24 All Residence Halls Open / Close 1976-08-31 1976-09-02 Undergraduate Student Orientation for All Students not Having Previously Participated 1976-09-06 1976-12-17 Fall 1976 Semester 1976-12-18 1976-12-23 Final Exams 1977-06-05 Ward Melville, campus benefactor, first Stony Brook Council chairperson and honorary chairperson since 1960, dies at age 90.Melville donated 480 acres on which the campus is located, as well as his home, Sunwood, which was used to host recitals and house visiting scholars. The annual valedictory award at Stony Brook commencement is named in honor of him. Melville was chairperson of the board of the company that directed the Thom McCann shoe chain. 1977 The Poetry Center is established at the Center for Contemporary Arts and Letters, headed by Professor Louis Simpson of the Department of English, a Pulitzer Prize winner. 1977-06 In June (90.1 FM) begins public broadcasting. Until now, its signal was heard only on campus. 1977-09-17 The Social and Behavioral Sciences Building opens. It was designed by architect Roland Thompson. 1977-11-11 The Bridge to Nowhere, of which construction began in 1967, is dedicated. Its completion connects the Stony Brook Union with the Fine Arts Center. The pedestrian span, 30 feet wide and 475 feet long, passes over Center Drive. 1977-01-23 1977-05-21 All Residence Halls Open 1977-01-24 1977-05-13 Spring 1977 Semester 1977-04-03 1977-04-10 Spring Break 1977-05-16 1977-05-21 Final Exams 1977-05-22 17th Commencement exercises held. 1976 1977 Sir Fred Hoyle is a Visiting Professor of Astronomy. 1978 Eight departments open: Orthopedics, Obstetrics and Gynecology, Radiology, Preventive Medicine, Neurobiology and Behavior, Neurology, Anesthesiology, Physiology and Biophysics. 1978 is accredited to offer residencies in Family Medicine, Internal Medicine, Psychiatry and Surgery. Doctorates offered in Anatomical Sciences, Microbiology, Pathology and Pharmacology. 1978 The Basic Health Sciences Research Tower of the Health Sciences Center opens. 1978 Major research is undertaken in magnetic resonance imaging, sudden infant death syndrome, asthma and allergic diseases and organ transplantation. 1978 Thomas Flanagan, a professor of literature, begins his tenure in the English department at the university. Flanagan won the National Book Critics Circle award in 1979 for \"The Year of the French.\" 1978 Center for Industrial Cooperation opens at the College of Engineering and Applied Sciences. 1978 The Energy Management Training Program, founded at Stony Brook, conducts its first program for representatives of 21 developing nations. 1978 The Economic Development Conference (\u201cLong Island at the Crossroads\u201d) is attended by 250 Suffolk and Nassau county leaders. It adopts the \u201cStony Brook Manifesto,\u201d calling for a \u201cunified and coherent Long Island Community.\u201d 1978 The Patriots basketball team (22 wins, 2 losses) is ranked No .1 in New York State Division III, and No .9 in Division III. The team wins the National Collegiate Athletic Association Eastern Regional Championship the first ever played at Stony Brook. The team advances to the National Championship, and completes the season fourth in the nation with a 27-4 record. 1978-05-28 18th Commencement exercises held. 1978 (Scientific Achievements for Non-Traditional Students), established in 1974, and expands its goals to recognize all academic achievements by non-traditional students. 1978 \u201cEnd of the Bridge\u201d opens as a restaurant/night club in the former \u201cBuffeteria.\u201d 1978 State University of New York adopts a new motto: \u201cTo Learn, To Search, To Serve.\u201d 1978 Governor Hugh Carey cuts the ribbon at the Museum of Long Island Natural Sciences, attended by Acting President Alexander Pond and Museum Director Steven Englebright. Englebright is the museum\u2019s curator and founder. 1979 Six scholars from the People\u2019s Republic of China (PRC) arrive at Stony Brook. Stony Brook is one of only six campuses having exchange programs with the since the and China renewed diplomatic relations in 1978. 1979 The American Psychological Association publishes a study ranking Stony Brook\u2019s Department of Psychology 18th among the 180 institutions most frequently quoted in scholarly works. Professor Daniel O\u2019Leary is ranked among the 100 most-quoted individual psychologists in all of history. 1979 The Department of Arts publishes the first issue of Art Criticism, a new journal edited by Professors Lawrence Alloway and Donald B. Kuspit. 1979-05-20 19th Commencement exercises held. 1979 sundial is dedicated to mark the completion of the central academic mall. The sundial was donated by Turner Construction Company, which built most of the Health Sciences Center. 1979 Phase of the Fine Arts Center formally opens with a series of programs including violinist Isaac Stern, the Warsaw Mime Theatre, and jazz pianist Eddie Heywood. The complex includes the Theatre Arts and Art Gallery, experimental theatre, two \u2018black box theatres,\u2019 a recital hall, and a 1200-seat concert hall. 1979-10-25 Six former Statesman staffers found the Stony Brook Press \u201cto give people in the University an alternative to the Statesman and other media on campus.\u201d 1979 Sigma Beta, a new local honorary society for freshmen, has first organizational meeting. 1979 Gay Students Union hosts its first festival on campus. 1979 Mass recruitment of hospital staff begins. 1979 For six months prior to the hospital opening (1980) estimates show that $0.64 was spent every second of every day to furnish and equip 36 floors: 2 towers with 18 floors each. Table 3: 1980 to 1989 1980 February The University Hospital opens 30 beds and the Ambulatory Care Pavilion. This opening is the first in the nation of a major teaching hospital since the University of Massachusetts hospital opened in 1977. Dr. Felix Rapaport, Professor of Surgery and Director of Transplantation Services at the University Hospital, is honored with the French Grand Croix des Palmes-Academiques for his work in Histocompatibility in collaboration with Jean Dausset, the 1980 Nobel Laureate. Susan Liers (\u201981), the 1982 women\u2019s national race walking champion, is among the New York State athletes chosen to carry the Olympic torch to the Lake Placid Olympic games. The Laboratory for Personal Computers in Education and Dial-A-Univac opens. 800 people are employed by the hospital. February 17: Administrator Michael Elliott receives call from the State Health Department authorizing the admitting of patients. February 18: the first two patients are admitted to the 30-bed psychiatric ward. February 27: Dr. Felix Rappaport and Dr. Wayne Waltzer perform the first kidney transplant at the hospital, also the first on Long Island. March 30: the first baby is born at the hospital, Jeffery Eric Solomon. May 24: the hospital is formally dedicated. July John Marburger becomes the third President of Stony Brook. President Marburger announces review of academic and administrative organizational structures. Statewide personnel hiring freeze lifted. Preliminary budget targets include personnel and cuts. Graduate student apartments to be available for Fall occupancy. July: Neonatal Intensive Care Unit opens, the first in Suffolk County. August James Black becomes Vice President for University Affairs. Sidney Gelber announces resignation as Provost effective June 1981 Arnold Strassenburg appointed Acting Dean for Undergraduate Studies Service of alcoholic beverages in dorms is limited to beer and wine, some dorm pubs closed President Marburger announces priorities. Development of support services for academic departments. Completion of University Hospital and Schools. Development of programs related to public services {i.e., engineer\u00acing, business, high technology interfaces. etc.) Increase in sponsored research Stabilization of enrollment Increase in fund-raising initiatives Development of stronger concern for people Increase in energy savings Pediatric Intensive Care Unit (20 beds) opens. September Energy conservation program launched Enrollments increase over previous year Students tripled in campus residences October creates artificial fishing reef: Governor Carey visits Food and Beverage Task Force established. President Marburger to Chair Suffolk County Task Force on Financing. Mobile intensive care ambulance is available to handle emergencies, including surgery. The unit is used to transfer the first patient from another hospital in the community to the PICU. Emergency Department and Radiology Department opens. November Ad Hoc Committee on University Health Services convened Elizabeth Wadsworth resigns as Vice President for Student Affairs Recommendations on reorganization submitted. Advisory Committee on Intercollegiate Athletics named. Stony Brook Associates formed (fund-raising support group). University Scholars Program started (Undergraduate Admissions program]. University Hospital opening proceeding according to plan. December Governor Carey appoints President Marburger chair of State Energy Office Review Committee. 1981 January Friends of the Fine Arts Center hold first meeting. Jacob Bigeleisen resigns as Vice President for Research and Dean of the Graduate School. Ruth Brandwein becomes Dean of the School of Social Welfare. Winter weather damages Fine Arts Center, SBS, dorms, etc. The first Bach Aria Institute and Festival is conducted on the Stony Brook campus Stony Brook, Brookhaven National Laboratory, and Cold Spring Harbor laboratory form an alliance to offer an academic program leading to Ph.D. in biosciences with a specialty in genetics. Former Senator Jacob Javits donates his papers, which cover his 34 years of public life, to the Special Collections Department of the Frank Melville memorial Library. February Academic reorganization (Provost, Vice Provosts, Deans) realized Robert Sokal appointed Acting Vice Provost for Research and Graduate Studies. Administrative reorganization effected. President Marburger celebrates 40th birthday. Office of Conferences and Special Events created. Hospital Auxiliary is founded by a group of women including Carolyn Fell, Ann Poppers, Uta Dee, Beverly Sokoloff with a goal to raise funds for the \"benefit of patients, families and staff of the Hospital and provide public information programs to serve surrounding communities.\" Hospital is designated as the Long Island Regional Transplantation Center for kidney transplantation. March Three Village Times names President Marburger Man of the Year in Education. Beverly Harrison appointed Affirmative Action Officer. Mary Lasker and Lewis Thomas honored at Annual Dinner. Senator Jacob Javits donates papers to USB. Second parking structure for approved. Richard P. Schmidt receives University Medal for service to Stony Brook. April Sidney Gelber Week held; Gelber receives University Medal for service to Stony Brook. First Authors and Editors reception is held. State budget approval delayed issues paychecks in script. Mobile intensive care unit treats two men overcome by paint fumes after falling into a water tank in Centereach after their scaffolding collapsed. May Marburger inauguration held. In May, John Marburger is inaugurated as the third President of the University. First annual (Island Convention of Science Fiction Fact, Fiction and Fantasy) is held at Stony Brook. The Patriots volleyball team wins the New York State Division championship, the first women\u2019s state title for Stony Brook. June Fine Arts Center hosts successful Bach Aria Festival and John Little exhibit July 165 residents arrive and begin their studies in Family Medicine, Medicine, Neurology, Orthopedics, Psychiatry and Surgery departments. Hospital is one of the few in the state staffed entirely by RNs. Hospital is becoming known for cutting edge medical treatment and research. Hospital is at the forefront of developing patient informatics; touch-screen computer terminals are located at nursing stations. Database software, designed by Stony Brook staff members, serves as a model for other institutions. Hospital has area's only full body scan unit. Hospital establishes itself as the joint replacement center for Long Island. Hospital is drawing national recognition for clinical research efforts. First cardiac catheterization is performed by Division of Pediatric Cardiology. First Year, 1980-81. 150 of the 504 beds are open and occupied. 4,500 patients have been admitted to date. 45,000 passed through the ambulatory care unit. Over 1,000 surgeries performed. 243 babies are born. Neonatal Intensive Care Unit treats its first patient. September Homer Neal becomes Provost. Frederick R. Preston appointed Vice President for Student Affairs. Robert Francis appointed Vice President for Campus Operations. John Bilello resigns as Dean of the College of Engineering and Applied Sciences: Stewart Harris appointed Acting Dean Administrative reorganization. Step II, put in place. Stony Brook People to be expanded and published monthly. Campus falls short of enrollment targets. October First Alumni College Day held on campus. Vice Presidential Advisory Group (VPAG) retreat held. President Marburger visits Poland. Provost Neal announces plans for a Distinguished Lecture Series. Plans unveiled for new undergraduate recruitment initiatives. Local hiring freeze imposed. November Kosher meal plan begins in Roth Cafeteria. Faculty handbook to be revised. Ammann College dedicated. Women's Volleyball team captures State Championship. December Plans to strengthen intercollegiate athletics announced. 1982 Stony Brook introduces a program leading to a Master of Science degree in Technological Systems Management Stony Brook now offers a total of 54 post-baccalaureate degrees (30 masters and bringing the number of graduate degrees offered at Stony Brook to 54 (30 masters and 24 doctoral degrees). The Conference Board of Associated Research Councils rates Stony Brook among the top 20 programs in the for physics, geosciences, mathematics, and computer science programs. Classes begin with 16,144 students and 1,150 faculty members. Four Stony Brook athletes earn All-American honors: Neil Vohr (82) in squash; Jan Bender (\u201983), Tom Aird (\u201985), and Bjorn Hansen (\u201985) in swimming. Dr. Constantine Anagnostopoulos and a team of Stony Brook surgeons perform the first adult open heart surgery, coronary bypass graft. First pediatric open-heart surgery is performed. Dr. Jorge Benach and team announce discovery of spirochete responsible for Lyme disease, fortifying the hospital's role as a research center. Annual budget approaches $100m; over 1200 people are employed by the hospital. 236 beds are open; 1,146 babies are born. February Planning Group established to generate annual planning document Provostial Student Advisory Council established. Ruth Brandwein to chair Provost's Committee on Women and Minority Issues. Lenora McClean becomes Dean of the School of Nursing. March Frank Press and Carl Sagan honored at Annual Dinner. Task Force on Stony Brook Union appointed. Executive Director of Middle States to visit as first formal step in 10-year reaccreditation process. University Hospital Auxiliary announces plans to sponsor horse show in July as fund-raising event. April Sigma Xi elevated to chapter status. State adopts new accounting system; delays in processing payments expected. Commuter College opens in Stony Brook Union. May Legislative redistricting moves campus from Senator LaValle's district to Senator Lack's. Standing Advisory Committee on Intercollegiate Athletics appointed. First President's Awards for Professional Service presented. First central commencement ceremony held Neighbors complain about outdoor concerts. June Task Force on Campus Safety and Security established. Reception held at Sunwood celebrating 10th anniversary of the Friends of Sunwood. August Governor announces Statewide hiring freeze. September David Glass appointed Vice Provost for Research and Graduate Studies. Graham Spanier appointed Vice Provost for Undergraduate Studies Robert Neville appointed Dean for Humanities and Fine Arts. Egon Neuberger appointed Dean for Social and Behavioral Sciences Roman de la Campa becomes Interim Director of International Programs 1982 is 25th anniversary of USB. Daka is new campus food service contractor. Oversight of computing services reorganized. Provost Neal launches new initiative: \"Luncheon Seminars Central announces reorganization. Enrollment goals achieved: 500 more students than previous year. October fares well in national graduate program review by the Associated Research Councils. New Affirmative Action initiatives underway. Daycare services to be reviewed. Provost Neal establishes University Council of Deans. November Mario Cuomo elected Governor. Planning begins for Employee Assistance Program. December Fire causes serious damage to Commissary. 1983 Rose Coser institutes a lawsuit against Stony Brook, citing discrimination against women faculty members, and calling for equal pay. January Stony Brook Foundation establishes new support group structure. State begins lag payroll program. New guidelines concerning how hospitals receive reimbursement for patient stays under Medicare are enacted. Stony Brook dealing with slow, steady decline in subsidies from New York State. February New Stony Brook Union Advisory Board created. March Beverly Harrison resigns as Affirmative Action Officer. Stewart Harris named Dean of the College of Engineering and Applied Sciences. Task Force to study use of alcoholic beverages on campus appointed by President Marburger and Vice President Preston. Men's Lacrosse elevated to Division III. Three Village Times names President Marburger Man of the Year April Alan Entine serves as Acting Affirmative Action Officer Science and Technology Foundation designates as a Center for Advanced Technology in medical biotechnology Dedication of linear accelerator held. Undergraduate Achievement Recognition Program inaugurated State imposes rigid hiring freeze. Michael Elliott resigns as hospital's executive director. William Newell is named executive director. Hospital Gift Shop is renovated by auxiliary volunteers; shop is staffed by auxiliary. An additional 70 beds open. May James Black resigns as Vice President for University Affairs Dinner-Mary McCarthy and Seamus Heaney honored. Governor Cuomo asks President Marburger to chair a commission on Shoreham nuclear facility. State offers first voluntary retirement program. First honorary degrees given at commencement. Governor establishes Task Force on Flexibility. Task Force on Promotion and Career Ladder Opportunities submits recommendations. June Michael Elliott resigns as Director of University Hospital. Dan Melucci appointed Interim Budget Director. President Marburger visits Israel. September President makes statement on \"Politics of Race.\" Court finds no pattern of sex discrimination. Direct deposit program for paychecks offered. Evening program to expand. Campus buildings renamed (South Campus & generic buildings). Football moves from club status to Division III. Office for Foreign Students merges with International Programs Francis Bonner named Director of International Programs Center for Academic Advising opens. Enrollments fall short of targets by 500. University buildings on the Main Campus are renamed as follows, to reflect current usage: Social Sciences and changed to Psychology and B. Old Biology to Central Hall; Graduate Biology became the Life Sciences Building; the Physical Laboratory and the Math Tower are now the Physics building and Mathematics building, and the Chemistry Laboratory was changed to the Chemistry Building ( Statesman, 23 September 1983). October Symposium celebrates acquisition of Javits papers. Draft of reaccreditation self-study ready for review. October 11: Baby Jane Doe, born with severe birth defects, is transferred to Stony Brook University Hospital. Legal issues ensue when the baby's parents decide to withhold treatment since the prognosis is not good. Lawyers from a right-to-life group accompanied by a New York State Supreme Court judge and a representative from the Suffolk County District Attorney's Office arrive at the hospital demanding to see the baby and her records. The Baby Jane Doe case draws national attention, rising up through the Supreme Court, which refused to hear the case. The case receives intense scrutiny, with then president Ronald Reagan commenting. Efforts to overturn the parents' decision fail. October 16: A. Lawrence Washburne, attorney, files suit at State Supreme Court asking that a guardian for Baby Jane Doe be appointed. Two pediatric patients avert open-heart surgery when the fist balloon valvuplasties are performed. 303 beds are open; 1,447 babies are born. November William T. Newell, Jr. appointed University Hospital Director. Service Awards established-ceremony to be held in December. First Annual Fund Drive launched. Task Force on Campus Safety and Security submits report Faculty/Professional. Employee Handbook revision published. December Marion Metivier appointed Affirmative Action Officer Campus required to cut 162 positions by April Report on Shoreham nuclear facility released 1984 January Residence Hall Association formed. Campus plans to acquire its own telephone system. February Human Resources Office reorganized. Decision made to reduce number of dormitories with cooking programs-Vice President Fred Preston establishes task force. February\u2013October Hospital continues to expand and grow into its role as Suffolk County's tertiary care hospital. Ambulatory Surgery Unit, Radiation Oncology, Cardiovascular Intensive Care Unit, and Burn Unit, which is designated as the regional center for burn care, opens. March At Dinner, Hyman Rickover and William Warner honored. 10-year accreditation site team visits: led by Stanley Eikenberry, President of the University of Illinois. Space allocation policies established establishes Commission on the Future of SUNY. Public Safety officers given permission to use mace. Lecture Center named for Senator Jacob Javits. University opens Parson House as guest facility. April Final report from Yang Commission (faculty rights and responsibilities) received. New athletic fields to be constructed. Vice President Preston recommends meal plan for all new students Feasibility of campus conference center to be explored. On April 4th, the Lecture Center is renamed the \u201cJacob Javits Lecture Center\u201d in honor of Senator Javits\u2019 many contributions to education and Stony Brook University (Statesman, 4 April 1984). May Motor Vehicle Registration Fee established. Campus hosts symposium on Academic Freedom. June First President's Awards for Classified Service, Teaching, Librarianship and Service by Employees presented. First Simons Fellowship Program for high school students held. July New Trustees Edgar Sandman and Clinton Dominick visit campus. Replacement for boiler arrives by barge. September Patricia Teed appointed Vice President for University Affairs. Undergraduate admissions criteria raised. October New initiative increases residence hall security. Council on Faculty Rights and Responsibilities established. Burn Center opened. Homer Neal appointed to Research Foundation Board of Directors. Campus acquires All-in-One electronic mail system. November Approval received to begin planning for Field House and addition for School of Dental Medicine. Task Force on Women's Safety set up. Dr. Paul Lauterbur professor of chemistry, is awarded the Albert Lasker Award for Clinical Medicine, for his pioneering work in the development and refinement of nuclear magnetic resonance imaging (MRI) scanners. Dr. Lauterbur subsequently received the Nobel Prize in Medicine in 2003 for his part in developing technology. 368 beds are open; 1,653 babies are born. December New land use policy proposed. 1985 January The hospital suffers slight damage; however, the stucco covering of the HSC, under repair at the time, is seriously damaged, leaving the building vulnerable to the elements. Independent Commission on the Future of finds to be most over-regulated university in the nation.\" Faculty Student Association (FSA) strengthens by-laws. First campus observance of Martin Luther King Day held. Hospital ambulatory care space deemed inadequate. Visitor parking spaces designated in Administration and lots. Denise Coleman becomes Assistant Vice President for Development. February New alcoholic beverage policy approved Ceremony held to note fifth anniversary of opening of University Hospital Plans developed to renovate Stony Brook Union Ballroom March Dinner-Roland Schmitt and College of Engineering and Applied Sciences honored. President takes first trip to Korea and Hong Kong; presents University Medal to Sir Bun Run Shaw for his support of Campus identified as possible site for veterans home. Campus to cooperate with to build incubator. April Margaret Mitchell appointed Assistant Vice President for Human Resources. Health Sciences Center parking problems increase; overflow lot to be available by late summer. May Center for Assessment of Health Services established and sign admissions agreement honors one-millionth graduate. Student demonstration calls for divestiture of South African investments First Annual. Student Faculty Staff Forum held. Time capsule interred on Academic Mall in honor of USB's 25th graduating class. June Flexibility legislation approved; effective April 1, 1986 and sign admissions agreement. Campus imposes freeze on overtime. President Marburger makes official visit to Germany. September Plan for new telephone system approved.. Urban Development Corporation approves plan for campus incubator Employee Assistance Program established. Athletic fields upgraded. Campus Currents has a new format. New parking facility for University Hospital approved. New apartment-style residence hall set for West Campus Trustees vote not to invest in South African funds. Gerrit Wolf named Dean of Harriman. Don lhde appointed Dean for Humanities and Fine Arts. Deane Peterson named Acting Dean for Physical Sciences and Mathematics. Lester G. Paldy becomes Director of the Center for Science, Mathematics and Technology Education. Egon Neuberger reappointed Dean for Social and Behavioral Sciences. George Hechtel to serve as Acting Dean of CED. Hurricane Gloria hits Long Island. October Chancellor Wharton begins three-month leave. Conference held to mark availability of Javits papers to scholars accounts gain new flexibility. November begins plans for implementation of flexibility. New fund-raising policies announced. Statesman reduces publication schedule because of financial difficulties. Ad hoc Committee on established graduate students begin talks on unionization. Computer transition (Sperry to IBM) plans announced. Provost Neal sponsors workshop on Teaching Large Classes Trustees call for annual report from each campus on personal safety Chancellor Wharton keynotes at Black Faculty Staff Association Conference. December Temporary parking lot created on East Campus. David Glass resigns as Vice Provost for Research and Graduate Studies; J. R. Schubel assumes Acting position during search. Minimum drinking age increased to 21. 1986 January Marburger teaches Physics 123 for the Spring semester Ronald Douglas becomes Dean for Physical Sciences and Mathematics February chosen as site for veterans home. Old Physics renamed Harriman Hall. Proposal to have travel agency on campus endorsed. Commissary restored after fire. Plans under way to add a warehouse to the Service Complex Trustees Victor Marrero and Rosemary Salomone visit campus. March Sunwood, the University\u2019s guest facility and faculty retreat, is destroyed by fire on March 1st ( Newsday, 2 March 86). Homer Neal resigns as Provost effective August 31. Senator Javits dies. Fire levels Sunwood mansion. Francis Bonner resigns as Dean of International Programs. April Flexibility legislation takes effect acquires alma mater. Jerry Schubel agrees to serve as Provost in September. Ceil Cleveland appointed head of news and publications. John Buckhoff joins President's staff on temporary assignment as Deputy. Residence Halls begin transition to self-sufficiency. May University Hospital reaccredited. Memorial ceremony for Senator Javits held on campus hosts first Donor Recognition Dinner. Curriculum revision completed; new program to begin in Fall. June Public Safety officers get new gray uniforms. August Frank Myers becomes Dean of International Programs. September Governor cites higher education as a priority. Robert Lichter becomes Vice Provost for Research and Graduate Studies. Paul Edelson becomes Dean of Continuing Education. Jurgen Krause named Assistant Vice President for Human Resources for one year. Graham Spanier resigns as Vice Provost for Undergraduate Studies; Aldona Jonaitis named to acting position. Andrew Ullmann chairs Stony Brook Council, succeeding R.C. Anderson. New bicycle paths and walkways created during summer. Stage cafeteria opens as food mall. International College established in Keller. Plans for Conference Center begin. Fire in Javits Center. Plans for Undergraduate Research and Creative Activities (URECA) program unveiled. October begins planning for Graduate and Research Initiative Coopers & Lybrand assist with support services study. Campus has Affirmative Action Town Hall Meetings. Stony Brook Council holds open meeting on student issues. November Chancellor Wharton resigns effective February 1, 1987. Reorganization of Computing and Communications; Robert Schneider is Acting Vice Provost. Dedication of Vietnam Veterans Memorial. December Task Force on Planning, Budgeting and Management issues recommendations. New policy for space allocation issued and space advisory committee appointed. Surgeons perform more than 100 open-heart surgeries birthing room is opened and the Neonatal Intensive Care Unit is expanded. 453 beds are open; 2,096 babies are born. 1987 January Health Sciences Center refacing project begins. President's Awards for Excellence in Affirmative Action set up. Contract awarded for construction of Service Building. Campus seek more flexibility for University Hospital. February Paul Chase becomes Acting Associate Vice President for Student Affairs. March Chancellor denies tenure for Ernest Dube. Plans under way for 30th anniversary of USB. John Reeves appointed Director of Physical Education Pilot project to collect recyclable paper initiated. Committee to Celebrate Diversity appointed. Sculpture hung in Administration Building second floor lobby. April Graduate Student Organization announces work stoppage. Stage becomes Eleanor Roosevelt Quad. Aldona Jonaitis appointed Vice Provost for Undergraduate Studies. Graduate students set up Tent City on campus. May Stony Brook Foundation acquires Pollock-Krasner house to look into Dube tenure case. Construction of third tier of University Hospital garage to begin. June Javits Lecture Center to remain closed for the summer. Tent City emerges announces Honors College. Residence Hall management consolidated under Student Affairs. July Marvin Kuschner resigns as Dean of the School of Medicine; awarded University Medal for his service to Stony Brook. Tent City dismantled. August USB's policy manual to be revised. Provost Schubel plans University Convocation tenet. Vice President Fred Preston to spend fall semester on special project. Cruise on Marine Sciences Research Center's research vessel includes Long Island legislators. September Faculty advising pilot program begins. Jerry Schubel agrees to remain as Provost until July 1989. Most of Javits Center reopened. Carnegie Foundation classifies as Research Institution Presidential Task Force on Housing created. Social and Behavioral Sciences Building named for Ward Melville. E. Ann Kaplan becomes first Director of Humanities Institute. First University Convocation held. October authorizes capital facilities master plan. Stan Altman appointed first Presidential Fellow (Housing). Robert Francis resigns as Vice President for Campus Operations Carl Hares oversees area. Advisory committee to review human resources appointed. Advisory committee on administrative reorganization appointed. Provost Schubel to appoint administrative planning and budgeting committee. Undergraduate Admissions unveils fuel video of campus. November Veterans\u2019 home ground breaking held. Professional Staff reclassification completed. Student Health Services task Force submits report. School of Social Welfare relocates within Health Sciences Center. Construction contract for Field house awarded. Edward Beltrami named Presidential Fellow for Master Planning. Ceil Cleveland announces resignation as Assistant Vice President for University Affairs. Priorities Committee holds first meeting. Omega Travel opens campus agency. Theresa LaRocca-Meyer appointed first Dean of Enrollment Planning. December Preliminary report on efforts to address shortage of affordable housing submitted. Humanities Institute holds formal opening ceremony. University honors its first 30-year employees. Women's Soccer team named State Champions. Continued expansion includes the opening of the Hand Surgery Center, Allergy Disease Center, two Cardiac Catheterization Laboratories, Shock-trauma Unit, Lyme Disease Center and designation as a regional Cancer Center treatment center (one of only two in the state at the time). In addition expanded services include Gynecologic Oncology, Metabolic Diseases, and Child Psychiatry. Urology staff performs its first lithotripsy, a non-invasive treatment for kidney stones through the application of high intensity sound waves. 480 beds are open; 2,477 babies are born. 1988 The Burn Center opens the only living skin bank on Long Island. Magnetic Resonance Imaging (MRI) services and a second Cardiac Catheterization Lab opened. The medical staff grows to more than 500 physicians. [HSC]: Dr. Marvin Kuschner, dean of school of medicine, announces his retirement effective the end of the academic year. 2,606 babies are born. January/February Entire Javits Center reopened. School of Social Welfare moves to South Campus. Name of Center for Continuing Education changed to School of Continuing Education. President proposes guidelines that limit smoking on campus. Administrative reorganization committee submits report. Ethics and Government Act takes effect. Faculty committee on athletics recommends Division status for Women's Soccer and Men's Lacrosse. March Stan Altman appointed Deputy to the President. University Club opens. April Renovation of Chapin to begin. D. Bruce Johnstone appointed Chancellor President announces administrative reorganization. Carl Hanes named Deputy to the President for Special Projects. Dick Brown named Acting Vice President for Finance and Management. Employee Relations programming enhanced. Campus Clean-up Day launched as annual event. May Campus celebrates 30th anniversary. President Marburger elected Chairman of the Board of Trustees of the Universities Research Association. June opens Pollock-Krasner House and Study Center in Springs, NY. July Louis Rose named Director of Human Resources for West Campus. Perkins named Master Plan architects. Peter Kahn named Presidential Fellow for Energy Conservation. [HSC]: Dr. Jordan Cohen, from University of Chicago's Pritzker School of Medicine, is named Dean of medical school. August receives S9 million mid-year budget cut. September 19: Senior searches in progress (Provost. Vice President for Campus Services Vice President for Finance and Management and Vice Provost for Computing and Communications) Andrew Policano named Dean of Social & Behavioral Sciences. Dan Forbush named Associate Vice President for Public Relations. Eugene Katz serves as Acting Dean for Biological Sciences 101,\" an orientation course for freshmen, offered for first time. Howard Hughes Laboratory in Neuroscience officially opens. John Fleagle receives MacArthur Award. Field House Cornerstone ceremony held. Three-year plan for development of physical education and athletics announced questions about a 1984 research experiment. Three Fitness Centers open in residence halls. October/November The Fine Arts Center is renamed \u201cStaller Center for the Arts\u201d in honor of the late real estate mogul Max Staller, who gave the University its largest private donation to date (Statesman, October 24, 1988). Chancellor Johnstone visits campus. Fine Arts Center renamed for Staller family. Office of Research Administration and Grants Management merged to form Office of Research Services. Roger Pijacki named Acting Vice Provost for Computing and Communications. Samuel Taube resigns to become Vice President for Student Affairs at Farmingdale. Center for Regional Policy Studies opens. Center for Excellence and Innovation in Education opens. President Marburger named President of ACUSNY. James McKenna to bead steering committee for 5-year accreditation review. Students hold voter registration rally. December Ad hoc committee on safety recommends tighter controls. Grumman donates Mobile Intensive Care Unit to University Hospital. 1989 January President Marburger makes development trip to Taiwan, Hong Kong, and Japan. February Robert Lichter resigns as Vice Provost for Research and Graduate Studies. Ruth Brandwine becomes County Commissioner of Social Services; Frances Brisbane to be Dean of Social Welfare. Celebration of Melville Library's 25th anniversary as Government Federal Depository. March Alex King becomes Acting Vice Provost for Graduate Studies Tilden Edelstein appointed Provost effective July 1. Glenn Watts appointed Vice President for Finance and Management. Andrew Collver becomes Presidential Fellow for Parking. Intercollegiate Athletics Board formed to provide oversight for athletics programs. First annual freshman supper held at Shorewood honors Senator Ken LaValle on his 10th anniversary as Chair of Senate Higher Education Committee. First Day held in State Legislature. April Harry Snoreck appointed Vice President for Campus Services effective June 1. First Annual Faculty-Staff Photography Exhibition held. Citizens Advisory Council on Master Planning created by Stony Brook Council. Paul Chase appointed Assistant Vice President for Student Affairs. May Campus Ombudsman office proposed. Grand Opening of the New York State Small Business Development Center held on campus. Campus holds first Open House hosts first annual Golf Outing holds Open Forum on Campus Safety Trustee Chair Donald Blinken visits campus. First Faculty and Staff Spring Dance held in Union Ballroom. June Staller Center for the Arts dedicated. Jerry Schubel receives University Medal for his service as Provost. July Dr. Myung Oh appointed Stony Brook Professor. Construction to begin on new graduate residence hall. Aldona Jonaitis resigns as Vice Provost for Undergraduate Studies; Egon Neuberger appointed to fill vacancy for one year. Richard Brown resigns as Assistant Vice President for Finance and Management. All-funds budgeting initiative announced. September Marion Metivier resigns; Monica Roth becomes Acting Affirmative Action Officer. Roger Pijacki becomes first Vice Provost for Computing and Communications. Kelly Quad flooded during torrential rains. Human Resources moves from Campus Services to Finance and Management. Search for Ombudsman begins. Honors College enrolls its first students. Faculty Instruction Support Office begins operation. October Andrew Ullmann resigns as Chair of Stony Brook Council. Fire in basement of Melville Library. Denise Coleman resigns as Associate Vice President for Development. Staller Center for the Arts marks 10th anniversary. Chancellor Johnstone gives keynote address at 8th Annual Student Affairs Convocation. November First Trading Places Day held. Aaron Donner appointed Chair of Stony Brook Council. Patricia Teed announces resignation as Vice President for University Affairs effective December 31. Incubator corporation formed. Regional Development Task Force appointed. Department of Parking and Transportation set up. December University honors Trustees Donald Blinken and Judith Moyers. Hospital Review: The first Suffolk County Police Helicopter touches down on the hospital's helipad, a result of an agreement between the hospital and the police to provide helicopter transport of the critically ill or injured to Stony Brook University Hospital from throughout Suffolk County. Diabetes Unit opens in the hospital with 14 beds. Hospital outpatient offices expand to Technology Park in East Setauket, one mile east of the hospital. 2,626 babies are born. By end of decade: Research funding tops $35m.; 2,300 people employed; operating budget is over $200m. 480 of 504 beds are open and occupied at the hospital. 1990 January Florence Boroson appointed Campus Community Advocate effective April. D. Bruce Johnstone schedules five-year review of President Marburger. Irwin Lamm becomes first Director of Long Island State Veterans Home. David Glass appointed Vice Provost for Research. February establishes Excellence Awards Program. President Marburger appointed to Research Foundation Board University. Hospital celebrates 10th anniversary. New logo proposed. March Planning begins for campus cogeneration plant. April Chancellor Johnstone visits campus to meet with the Stony Brook Council. Court date set for Dube case. Stony Brook Council holds \u2018Open Meeting\u2019 on parking fees. Office of Campus Community Advocate opens. May Alex King becomes Vice Provost for Graduate Studies. Patrick Heelan appointed Acting Dean for Humanities and Fine Arts. Governor Cuomo speaks at Commencement. June Carole Cohen appointed Vice President for University Affairs. New policy manual issued Trustee Alan Iselin visits USB. July President Marburger takes three-month study leave; Provost Edelstein provides campus leadership. Lou Rose resigns as Director of Human Resources effective September 1. September posts largest enrollment in history 17,623 students. Dalai Lama visits campus Ingle appointed Assistant Vice President for Facilities Operations. Ron Douglas becomes Vice Provost for Undergraduate Studies. James McKenna appointed Dean of International Programs. Patrick Heelan named Dean pro tern for Humanities and Fine Arts. Richard Porter serves as Acting Dean for Physical Sciences and Mathematics. Carlson takes over travel office organizes Student Ambassadors group. Chimes are heard for first time (every hour from the Administration Building). October Indoor Sports Complex formally dedicated. First annual Day held. Incubator building site dedicated approves Assistant University Counsel for campus Military recruitment debate opens. November-December Women's Volleyball team wins State championship and advances to final game of Division regional tournament. Undergraduate Admissions hosts first Annual Wine Tasting as fund raiser for scholarships. Graduate housing ribbon-cutting ceremony held. Campus hosts dinner for Richard Cahn, who is resigning as Regional Counsel. Hospital Review: Hospital is designated Level One Trauma Center for Suffolk County. Otolaryngology program, speech and dermatology programs begin. CPEP, Comprehensive Psychiatric Emergency Program, opens. First Employee Recognition Program is held. The \"BEST\" (Bringing Excellence and Service Together) newsletter begins publication to keep employees informed of hospital events and expansion. Hospital initiates a \"smoke-free\" policy. Operating rooms are expanded based on need. 1991 January Campus required to absorb $1.7 million mid-year budget cut. Tuition increased by $150 per semester. State imposes second payroll deferment plan. Holiday curtailment of activities results in utility cost avoidance of $375,000. Interfaith Center sponsors Peace Rally on campus. February Campus Life-time established. Campus holds Forum on War in the Persian Gulf. March President Marburger maintains position on permitting military recruitment on campus. Thomas Boyden becomes Associate Vice President for Development. Irwin Kra becomes Dean for Physical Sciences and Mathematics. April SUNY's fiscal year shifts to July 1 beginning celebrates 10th anniversary. Students stage two-day demonstration in Administration Building opposing suspension of students involved in blood drive disturbance in December. Students take over President's Office for two days to protest proposed tuition increase. Public Forum on arming Public Safety Officers held. May Campus holds first Commencement in Indoor Sports Complex President. Marburger sets up committee on arming Public Safety Officers reorganizes Public Relations and Development offices and changes reporting responsibility to Vice President for University Affairs. Stony Brook's Hall of Fame inducts first honorees. Campus holds welcome home rally for Desert Storm troops. Presidential Steering Committee for Employee Training and Development formed. June Andrew Policano resigns as Dean for Social and Behavioral Sciences effective July 1; Bryce Hool appointed to post Campus Master Plan report issued. July First annual Training Month held. State operating budget cut by $10 million and requires reduction in number of authorized positions. Tuition increased $500 per year. John Reeves announces resignation as Director of Physical Education and Athletics. Commissary renamed Central Services Building. School of Medicine establishes Dean's Council to assist in fund raising and public relations for the Medical Center awarded campus food service contract. August Trustee Roderick Chu visits campus. Arthur Ashe is featured speaker for New Student Convocation. September Edmund McTernan retires as Dean of Allied Health Professions; Robert Hawkins becomes Dean pro tem. President Marburger named Chairman of United Way of Long Island Campaign. Matthew Sobel becomes Acting Dean of Harriman School. Enrollments again reach all-time high at 17,700 students. Diversity award established and named in honor of Emile and Myrna Adams, Associate Vice President for Student Affairs and Associate Provost for Affirmative Action. Diversified Education Curriculum introduced to guide undergraduate education. October Long Island State Veterans Home officially opens. Dianne Rulnick joins staff as Director of University Human Resources. The 2000 Report formally endorsed by Board of Trustees Committee on Future Directions in Athletics recommends move to Division I; President Marburger accepts recommendation. President Marburger appoints University Safety Council. New Health Sciences Center parking structure opens rules that GAs and TAs are employees and have right to unionize. Dedication of Pritchard Gymnasium. November gets mid-year budget reduction of $28.7 million share is $3.8 million. Myrna Adams becomes Affirmative Action Officer. The National Science Foundation designates the University at Stony Brook as a Science and Technology Center in High Pressure Research. Hospital Review: Neonatal Intensive Care Unit expands from 30 to 40 beds. The New York State Long Island Veterans Home opens across from the hospital, Loop Road. 504 beds are now open and staffed reaching 100% completion; 2,955 babies are born. Hospital lobby is renovated. Geriatric Unit and satellite laboratory open. Introduction of Administrative Grand Rounds and Service Line Administration for cardiovascular, cancer and trauma. Newsday features the hospital's growth in front page article titled, \"Promises to Keep.\" 2,901 babies are born. 1992 January Ground-breaking ceremony for Incubator held. Campus saves $83,000 on utilities during holiday intersession Trustees approved agreement between and cogeneration plant developers; further State approvals are required next. Dedication of Herman Nertz Track in the Indoor Sports Complex. Garber takes over campus travel office. February Chancellor Johnstone visits campus. Graduate student apartments named in honor of Arthur A. Schomburg. President's Administrative Issues Forum established and set to meet weekly. March University Hospital Auxiliary celebrates 10th anniversary. Steve Englebright becomes State Assemblyman representing campus. First drafts of Mission Statement, Vision Statement and Goals and Objectives issued as part of strategic planning initiative. April News is introduced to campus. Stony Brook hosts display of Memorial Quilt. Presidential candidate Jerry Brown speaks on campus. May holds first annual Faculty Achievement Dinner. Newsday publishes major 10-part series on joins Brookhaven National Laboratory, Cold Spring Harbor Laboratory and North Shore Hospital in creating the Long Island Research Institute to facilitate technology transfers. June Patrick Heelan resigns as Dean for Humanities and Fine Arts. Dedication ceremony held for new facilities for School of Dental Medicine. July confronts $7.2 million cut in State budget. Tuition increases by $500 per year (again). Human Resources enhances faculty and staff orientation programs. Dean Jerry Schubel to lead self-study process. August Lieutenant Governor Stan Lundine visits campus to discuss regional economic development. Undergraduate enrollments dip below targets. September Chancellor Johnstone visits and meets with representatives of institutional advancement from all Long Island campuses. Yacov Shamash becomes Dean of Engineering and Applied Sciences. Matthew Sobel named Dean of Harriman School for Management and Policy. C. N. Yang awarded the University Medal on the occasion of his 70th birthday. Deputy to the President Stan Altman resigns to become Advisor to the President on Health Finance. USB's Child Care Services is first program in Suffolk County to be accredited by the National Academy of Early Childhood Programs. Dan Melucci promoted to Assistant Vice President for Finance and Management; Mark Maciulaitis becomes Budget Director. Richard Kramer becomes Dean pro tern for Humanities and Fine Arts. \"Quiet\" residence halls available for first time. Emily Thomas named University Planning Coordinator. October Governor attends opening of the Long Island High Technology Incubator. Installation of new campus directional signs begins. President Marburger hosts Provosts Appreciation Day honoring Bentley Glass, Sidney Gelber, Homer Neal, Jerry Schubel and Tilden Edelstein. Preliminary planning process for stadium gets under way. President's Administrative Issues Forum changes to bi-weekly meetings Gerianne Sands appointed Associate Counsel on campus. November graduate students vote to unionize. Professor Manuel London becomes Deputy to the President. Women's Volleyball Team finishes third in Division III. Planning begins on feasibility of capital campaign. Dean Jerry Schubel chairs Undergraduate Project Steering Committee. December and Professor Ernest Dube reach agreement. Philias Garant resigns as Dean of the School of Dental Medicine. 1993 January Plans for Engineering 2000 in full swing. Planning for new Life Sciences facility under way. Burton Pollack named Dean of the School of Dental Medicine. Lorna McBarnette becomes Dean of the School of Allied Health Professions. John Donohue joins as Associate Vice President for Development. University Safety Council issues analysis of pros and cons of arming Public Safety Officers; campus invited to comment. Holiday shutdown results in utility savings of $94,000. Human Resources announces plans for Connections, a customer service training program. Corner Stone Club for major donors to SEFA/United Way campaign set up. February Vice President for Student Affairs Fred Preston assumes oversight of ADA. Staller Center for the Arts flooded following water main break. March Men's basketball team plays first game at Madison Square Garden. Governor Cuomo visits campus. Donald Langenberg, Chancellor of the University of Maryland System, to chair Middle States accreditation team. April Provost Tilden Edelstein announces intention to resign in June 1994. Richard Laskowski becomes Dean of Physical Education and Athletics. President Marburger appoints Advisory Committee on Provost Search. Korean sculpture placed in Engineering Quad and dedicated. Chapin Apartments rededicated after extensive rehabilitation. George Marshall becomes Assistant Vice President for Institutional Services. May Staller Center reopens after flood damage repaired. President Marburger authorizes limited arming program for Public Safety Officers. Ernest Boyer, President of the Carnegie Foundation, is featured speaker at Faculty Achievement Dinner. June President Marburger announces decision to step down as President effective upon the designation of a successor. Myrna Adams resigns as Affirmative Action Officer. Emile Adams retires as Associate Vice President for Student Affairs. Bryce Hool to become Deputy Provost. August Presidential Search Committee, chaired by Stony Brook Council Chair. Aaron B. Donner, holds organizational meeting. School of Allied Health Professions changes name to School of Health Technology and Management; plans expansion New student enrollments rebound from last year's decline. September Quad renamed in honor of Harold Mendelsohn. Peter Baigent joins staff as Associate Vice President for Student Affairs. Lawrence Martin becomes Vice Provost for Graduate Studies. University Hospital, clinical operations of the School of Medicine andmanaged care initiatives to be called University Medical Center Trustees Richard Berman, Edward Sommer and John Holloman visit campus. Edward Katkin becomes Acting Dean for Social and Behavioral Sciences. Planning under way for licensing logos and trademarks. October Gary Matthews named Affirmative Action Officer. Groundbreaking ceremony for Student Activities Center held. New campus entrance signs installed. Roger Pijacki resigns as Vice Provost for Computing and Communications; Rich Reeder assumes responsibilities. Stony Brook Child Care Services plans to purchase Parson House begins to meet. November Craig Malbon becomes Vice President for Research. President's Administrative Issues Forum disbands. Consultants recommend launch capital campaign. CED's Workforce Development Center dedicated. Marburgers named Volunteers of the Year. December Jordan Cohen to resign as Dean of the School of Medicine effective March 1. Carole Cohen to step down as Vice President for University Affairs on March 1. Hospital Review: Stroke Unit opens at the hospital. Hospital performs its first cryosurgery for prostate cancer. Hospital is renamed \"University Hospital and Medical Center\". 2,868 babies are born. 1994 January Naji Abumrad appointed Acting Dean of the School of Medicine. Michael Geheb appointed Acting Director of the University Medical Center. Manny London to serve as Interim Administrator for University Affairs Construction begins for cogeneration facility. February Office of Governmental Relations moves from University Affairs to President's area. Graduate students ratify collective bargaining agreement between the State and GSEU. Sculpture removed from Administration Building lobby Supreme Court ruling bans military recruitment on all campuses athletic teams change name from Patriots to Seawolves effective July 1. March Chancellor Johnstone retires for health reasons; Provost Joseph Burke to be Interim Chancellor. Cornerstone Ceremony celebrates beginning of construction of cogeneration facility. April William T. Newell, Jr., retires as University Hospital Director Memorial Quilt displayed on campus. Middle States evaluation team visits campus. Research classification reaffirmed by Carnegie Foundation. President Marburger portrait unveiled and displayed in Melville Library. September On September 1st, Shirley Strum Kenny assumes presidency of the University. Hospital Review: The National Institutes of Health awarded a 9.3 million dollar grant to fund the opening of the Women's Health Initiative Clinical Center, one of only 44 in the nation. In April, William Newell steps down as executive director of hospital emphasizing the need for the hospital to expand its patient base and compete aggressively for patients in view of significant changes in the way healthcare is delivered and paid for, such as declining Medicare reimbursements. The hospital, together with Brooklyn and Albany, also state-owned and operated academic medical centers, is prevented from joining with other healthcare networks in the region. On July 1, Michael A. Maffetone, DA, assumes position as Hospital director and Chief Executive Officer. The Cancer Helpline, Health Calls and the Doc-to-Doc services begin under the auspices of Healthcare Teleservices national record of 500+ calls is received in July. Operating budget exceeds $200m. 3,200 babies are born. 1995 Dr. Shirley Strum Kenny is inaugurated as the 4th President of Stony Brook University on April 28th. The hospital becomes the first in the nation to voluntarily extend length of stay for maternity patients to two days or four days if patient had a caesarian section, bringing national press coverage including Today and Nightline. The Surgical Care Center and Breast Care Center opens at Stony Brook Technology Center in East Setauket. Norman H. Edelman, MD, appointed Dean of the School of Medicine and of the University Medical Center. 1996 Charles Wang of Computer Associates donates $25 million to Stony Brook for construction of an Asian American Studies Center. Governor George Pataki and Senator Alfonse D\u2019Amato attend ceremonies celebrating the event ( Newsday). Hospital is named one of the nation's \"Top 100 Hospitals\" and one of the \"Top 15 Major Teaching Hospitals,\" in Modern Healthcare. Primary Care Center opens at Stony Brook Technology Park. New Maternity Center opens with state-of-the-art equipment. Breast Care Center is rededicated and named the Carol M. Baldwin Breast Care Center. Newsday's Sunday edition front page story is titled, \"Eyes on the Prize: The Fight over Stony Brook,\" with subheading, \"From East to West, Hospitals Vie for Suffolk's Premier Medical Center. Only Hitch is, It's Not for Sale\". Organizational restructuring takes place. The \"Hospital within a Hospital\" format calls for formation of five hospitals: Women's and Children's, Surgical, Medical, Mental Health and Cardiac. Operating budget is approximately $300m. 3,510 babies are born. September 12, 1996: dedication of the William and Jane Knapp Alumni Center. 1997 national study ranked Stony Brook one of the top three public universities in the nation (second only to Berkeley and tied with Santa Barbara) in the combined research areas of science, social science, and arts and humanities News, Vol. 1, No. 1, February 1998). Health Resource Center is opened in hospital lobby. Stony Brook announces it will upgrade the athletics program to Division (June 3) Actor Alec Baldwin appears at press conference to announce his family's pledge to raise one million dollars for breast cancer research at Stony brook in honor of their mother, Carol Baldwin, a breast cancer survivor. Sextuplets-third set in the United States and only the 10th set in the world-are born in the new maternity center. 1998 University Hospital was named one of the top 15 teaching hospitals in a study that examined 3,575 hospitals nationwide News, Vol. 1, No. 1, Feb 1998). Starting in 1999, the University\u2019s men\u2019s and women\u2019s sports teams will be eligible to compete in Division play News Vol. 1. No. 1, Feb 1998 places 12th among all colleges and universities in royalties generated from inventions licensed to industry ($12 million accounts for 98% of all SUNY-system licensing revenue. (In previous five years recorded 319 invention disclosures, 142 patents issued, 161 licenses. 16 new companies were formed to commercialize SB-originated technologies; 14 are in New York State, and 12 on Long Island. Community Resource Center is opened in Stony Brook Village. Allergy and Asthma Centers open in Hampton Bays. Carol M. Baldwin Health Screening Center opens in the Smith Haven Mall. 1999 now has 12,700 undergraduates. 700+ public access computer terminals are now available to students. Centers for Molecular Medicine and Biology Learning Laboratories officially open on 11/12. To fulfill President Shirley Strum Kenny\u2019s vision of a \u2018heart of the campus,\u2019 the six-acre central mall is landscaped with fountains, trees, plants, benches, tables and chairs, and a \u2018brook\u2019. Research Foundation ranks SB\u2019s research activity as the highest in the system. October Ground breaking for 7500-seat stadium to host Division 1 sport events. Dennis Mitchell is appointed Chief Financial Officer. I. Bernard Hirsch is appointed Acting Chief Operating Officer. Hospital signs a Memorandum of Understanding to explore the option of joining the Long Island Health Network. 2000 Thirteen University Hospital and Medical Center physicians are featured in New York Magazine\u2019s cover story \u201cThe Best Doctors in New York.\u201d Marine Sciences Research Center receives $1 million from the New York State legislature for a marine pathology laboratory to investigate marine diseases, particularly those affecting the Long Island lobster industry. Billy Joel donates proceeds of his concert to MSRC. Meeting the goal of the 1995-2000 Five Year Plan, 100% of campus residence hall rooms now have computer network access. May Construction begins on sports stadium. Summer New site in union adds 85 public access computer terminals. The Academic Mall is completed and the 'Festival Fountain' dedication is held, celebrating President Shirley Strum Kenny\u2019s vision for a new \u201cheart of the campus.\" Dr. Maffetone retires to a hospital advisory position in the due to personal health issues. 2001 February 1: the university announces name change to \"Stony Brook University.\" February 1: Stony Brook University is invited to join the America East conference after only its second year in Division 1. February 14: Martin Luther King III, gives lecture as part of the Presidential Lecture series on his father\u2019s dream in present day society. March Bruce Schroffel becomes the hospital's new Director and Chief Executive Officer major modernization plan is developed. The Master Plan calls for a new orthopedics unit; a new heart center; expanded emergency department; construction of a free standing ambulatory surgery center; a new Women's and Infants Center including renovated NICU, labor and delivery suites, ante and postpartum units and newborn nurseries, new operating rooms; the construction of a freestanding Ambulatory Care Pavilion and renovated and expanded cafeteria and lobby area. March 12: the rock group Three Doors Down performs at the Stony Brook Sports Complex marking the first time a concert has been held at the campus in 10 years. April 23: Stony Brook announces plans to raise funds for a chair in the Department of Italian American Studies in honor of former New York Senator Alfonse D\u2019Amato. April 30 Senator Charles E. Schumer speaks at Stony Brook Commencement. May 18: Stony Brook University graduates over 3,141 students during the 41st University Commencement Exercise. May Stony Brook announces opening of the first undergraduate Biomedical Engineering program. June 25: former Stony Brook President John H. Marburger is nominated to the post of Director of Science and Technology by President George W. Bush. August 6: Stony Brook University Hospital receives Long island\u2019s first digital mammography unit. September Lee Ann Xippolitos, RN, PhD is appointed Chief Nursing Officer. September 11: terrorists attack the World Trade Center towers and the Pentagon in Washington D. C. prompting university officials to close the campus as a safety precaution. October The Peace Garden is dedicated to the memory of those lost during the September 11th attacks. The eight-foot pole is erected in the Table quad residential village. The pole contains \u201cMay Peace Prevail on Earth\u201d written on it in four different languages. December Landmark surgery is performed when a total of five distinct heart procedures are performed during a single operation. \"Hospital within a Hospital\" is restructured. Hospital employs staff of 3,406; full-time medical staff totals 368 physicians. Operating budget totals $364m. 3,500 babies are born. 2002 January Stony Brook Manhattan opens at 401 Park Avenue South. The new branch campus contains 11 classrooms, offices and conference and meeting space. March The Ambulatory Surgery Center at Stony Brook opens. April The Frank Melville, Jr. Memorial Library receives a steel sculpture designed by noted graphic artist Milton Glazer. The new sculpture, part of the campuses new look, is the second of such sculpture to be installed on the Academic Mall. May 23: the legendary \u201cBridge to Nowhere\u201d is demolished. The bridge, originally intended to connect the Stony Brook Union and the library, was the butt of jokes and a focal center around which campus events were held after its completion in 1977. August Renovations on the Humanities building begins as faculty are relocated to the campus\u2019 new \u201csurge space\u201d located in the old Life Sciences Library. September 12: Frank Melville, Jr. Memorial Library celebrates the official opening of the 100 Archive at Stony Brook University. Funded in perpetuity by members of the bar code industry, the archive is established to document the history and evolution of the development of related technologies. September 30: Lt. Governor Donohue unveils counter-terrorism terminal at Stony Brook University. The unit allows critical counter-terrorism information culled from various governments and intelligence source to be transmitted instantaneously with law enforcement vie a secure computer network throughout State. October 19: the new Sports Stadium is named after Sen. John P. La Valle during the half-time Homecoming ceremony. October 22: the Charles B. Wang Center holds its official opening and dedication. The 1,200 square foot building cost a total of 40 million dollars to build and is the largest single private gift that the system has ever received from a donor. Ambulatory Surgery Center, located on the East Campus, just west of the hospital, opens. Amir Dan Rubin is named Chief Operating Officer for the hospital. Neuromuscular Disease Center opens. 2003 Grant To Stony Brook for Bone Loss Study: Stefan Judex, Ph.D., Assistant Professor in the Department of Biomedical Engineering at Stony Brook University, received a three-year award totaling $764,073 by the National Aeronautics and Space Administration (NASA). Poet Robert Bly featured at poetry program. Medical School shows that massage can have neurological, physical and emotional benefits for babies. Many hospitals, such as Stony Brook University Hospital, have hired licensed massage therapists for their infant care wards. Carol M. Baldwin, one of the nation\u2019s leading breast cancer crusaders, is named the inaugural honoree for the Patron Award for \u201cCelebrate Excellence,\u201d the first annual gala presented by the School of Medicine and Stony Brook University Hospital. Splashes of Hope,\u201d a talented group of artists who paint \u201ctherapeutic murals\u201d on hospital walls, dedicated one of their newest mural projects at Stony Brook University Hospital. It is a brightly colored and impressive mural of the Wizard of Oz. Stony Brook University Professor Lianxing Wen from the Department of Geosciences is awarded the 2003 James B. Macelwane Medal from the American Geophysical Union (AGU). Marvin Hamlisch performs on the Main Stage at Staller Center for the Arts at Stony Brook University. Clinical Program in Advanced Laparoscopic and Endoscopic ushers in a new era of patient care for men and women who need urologic surgery. February Wall breaking ceremony takes place for construction of the new Heart Center. Two leading researchers on ALS\u2014commonly known as Lou Gehrig\u2019s disease - and a nationally known advocate for patients with the disease featured at Stony Brook University\u2019s Awareness Day and Symposium on Tuesday, March 25th. Former Suffolk County District Attorney James Catterson is discharged from Stony Brook University Hospital\u2019s Heart Center late after undergoing sudden surgery to repair five separate blood-flow obstructions. Dr. David Conover named to the position of Dean and Director of its Marine Sciences Research Center (MSRC). Dr. Conover worked at Stony Brook since 1981 and is widely recognized for his research in the ecology and evolutionary biology of fishes and fisheries science. Clinton T. Rubin, Ph.D., Director of the Center for Biotechnology at Stony Brook University, is awarded the Elizabeth Winston Lanier Kappa Delta Award by the American Academy of Orthopaedic Surgeons, one of the highest honors given by the national organization. Students from the Cleary School for the Deaf in Nesconset raise $225 for the destitute children of Madagascar as part of a cooperative effort with David Krause, Ph.D. The Division of Wellness and Chronic Illness conducts a three-part series on Integrative Asthma Care and Prevention. To help focus public attention during February (Heart Month), Stony Brook University Hospital participates in the (Acute Decompensated Heart Failure National Registry) program professor in the at Stony Brook University is among eight researchers nation-wide to receive identical $150,000 grants from the Scleroderma Foundation. International author, columnist and Newsweek contributing editor Ellis Cose speaks about civil rights at Stony Brook University on Wednesday, February 12, 2003, at 12:40 p.m. to 2 p.m. in the Student Activities Center, Ballroom B. Stony Brook\u2019s Mathematics and Chemistry departments selected to participate in the Carnegie Initiative on the Doctorate (CID), a multi-year research and action project aimed at improving doctoral education at American universities. Art exhibits, musical and dance performances, and a spectacular street fair featuring contests, food, and cultural displays, highlight the week- long Shirley Strum Kenny Arts Festival held Tuesday, April 2 through Friday, April 11 at select sites throughout the Stony Brook University campus. The State University of New York Board of Trustees appointed 10 members of the faculty to the rank of Distinguished Professor and one member of the faculty to the rank of Distinguished Librarian. Eight of the faculty members who were honored are from Stony Brook University. Congressman John Conyers, (D-Michigan), Roger Toussaint, President of the Transport Workers Union Local 100, and Jeff Faux, founder of the Economic Policy Institute discuss the price of war and the Bush budget, and their impact on the national and New York City fiscal crisis, and on the working class. Stony Brook University President Shirley Strum Kenny announces that Stony Brook University will begin a year-long, campus-wide effort to study its athletics program as part of the regularly scheduled Division athletics certification program Stony Brook University professor is among only 10 individuals nationwide to receive the Presidential Award for Excellence in Science, Mathematics and Engineering Mentoring. Professor David Bynum, Ph.D., Associate Professor of Biochemistry and Cell Biology, received the award at a White House ceremony. Stony Brook University\u2019s Adult Literacy Center honors its tutors at a special Recognition Luncheon on Tuesday, April 1 in the Student Activities Center. Stony Brook University awarded a State Employees Federated Appeal (SEFA) Award by Governor George Pataki, becoming only the second organization from Long Island ever to be so honored. State Senator Kenneth LaValle is the honoree when the Sunrise Fund at Stony Brook University holds its Inaugural Spring Reception. The Sunrise Fund (sunrisefund.org) benefits the Pediatric Oncology program at Stony Brook University Hospital. The Center for Biotechnology, in partnership with the City University of New York(CUNY) presented the 2003 2nd Annual Life Sciences Industry Career Development Conference \u201cExploring the Diversity of New York\u2019s Life Sciences Industry\u201d on Tuesday, March 25, 2003. The School of Health Technology and Management at Stony Brook University in conjunction with Walgreen, the country\u2019s largest retail pharmacy chain, works together to address the shortage of pharmacists in the United States. The National Science Foundation (NSF) awards $1.5 million to a professorial team from Stony Brook University, Franklin and Marshall College, Washington College, and Catholic University for a four-year project designed to introduce an innovative method of teaching chemistry in institutions across the nation. On April 25 and April 27 at 2 pm, Long Island residents experienced a professionally staged opera close to their doorsteps when Stony Brook Opera and the Stony Brook Symphony Orchestra presented a fully staged production of Wolfgang Amadeus Mozart\u2019s famous opera, Don Giovanni (1787) at the Staller Center for the Arts at Stony Brook. The First Stony Brook University Symposium on India Studies is held and features presentations, specially intended for the general audience, by the Center's faculty and visiting scholars on India's history, religions, arts, languages, literature, environment, security, foreign policy, and the life, culture, and education of Indians in America Awarded Patent for Stony Brook\u2019s \"Virtual Colonoscopy\" Software: State University of New York Chancellor Robert L. King today announces that a new \"virtual colonoscopy\" system is giving patients a non-invasive cancer screening alternative thanks to a series of patents awarded for technologies developed at Stony Brook University. 2003 Long Island Life Sciences Summit: Key executives from Long Island's life sciences industry gather to address a series of critical issues at a summit meeting designed to explore and organize topics of strategic importance to the region. Stony Brook University Alum and Family Bike Together to Raise Money for Sarcoma Research and IncreasePublic Awareness: as part of its wide range of outreach efforts to the local communities on Long Island, the Health Sciences Center at Stony Brook University announces plans to be partners in a Health Outreach Initiative in Coram. Stony Brook University Hospital receives a $220,000 New York State grant for a unique program designed to recruit and train healthcare workers from those with low incomes. On April 28, 2003, the Hillel Foundation for Jewish Life at Stony Brook University presents a Holocaust Memorial Concert of works composed and performed in the Terezienstadt Concentration Camp. In a joint venture with the Long Island Farm Bureau, documentary filmmaker Glenn Gebhard of Loyola Marymount University and Mario Congreve of California State University at Domingues Hills, along with Research Assistant Professor Frank Turano of Stony Brook University completes \u201cLong Island Farming,\u201d a documentary that examines the history and current status of the region\u2019s family and commercial farms. May Stony Brook Audiologist Warns Against Hazardous Summer Noises: According to the American Speech-Language Hearing Association, 28 million Americans have a hearing loss; nearly half are due to damage from excessive noise. Lenora J. McClean, EdD, RN, who piloted Stony Brook University\u2019s School of Nursing through a period of unprecedented growth and established the nursing program as an international leader in many key areas after 31 years at the University\u201423 of them as Dean. Barry S. Coller urged the 107 graduates\u2014the medical school\u2019s 29th class\u2014to \u201cshow the goodness of your soul.\u201d Stony Brook School of Medicine to Graduate 107: Among the students graduating will be a newlywed couple\u2014Lauren McGowan and Scott McGovern\u2014leave for their honeymoon after the Convocation before going on to begin their residencies together at the Mayo Clinic. The largest commencement ceremony on Long Island this year takes place at Stony Brook University (2962 degree candidates). Stony Brook Professors Honored by Trustees has appointed David W. Krause, PhD, a Distinguished Service Professor and Fred S. Ferguson, DDS, a Distinguished Teaching Professor. Both teach in the Health Sciences Center. Chris Pendergast & 'Ride for Life' Make $25,000 Donation to Support Ctr. at SBUH: Chris Pendergast, the nationally-known advocate from Northport, will interrupt his \u201cRide For Life\u201d from Montauk to Manhattan to stop at SBU, where he presents a $25,000 check, symbolic of a pledge from contributions generated during his \u201cRide.\u201d Stony Brook University Opens Cody Center unveiled its new autism center in Port Jefferson Station, the latest expansion of a wide variety of health services designed to meet the clinical needs of the surrounding community and the region while playing a national leadership role in research. June No Link Found Between Cancer and Power Lines (N.Y. Times study of women on Long Island has found no link between breast cancer and living near high-voltage power lines. Researchers, most of them from the State University at Stony Brook, looked at 1,161 Long Island women and found no statistically significant differences in exposure between the group with breast cancer and those who did not have it. Seventeen physicians from Stony Brook University Hospital have been named to New York Magazine\u2019s 2003 list of \u201cThe Best Doctors in New York.\u201d The Stony Brook doctors were selected among more than 50,000 practicing physicians in the New York metropolitan area National Geographic Society expedition to ancient sites and key museums in Iraq reports that although American bombs spared most archaeological sites and treasures, some sites have been damaged by recent looting or long-term neglect. SBU's Appoints Director of Master in Public Health Program: Raymond L. Goldsteen, Dr. P.H., has been appointed Director of the Master in Public Health (MPH) program at Stony Brook University which is scheduled to be launched in Fall, 2004. Paul Lawrence, graduate student at the State University of New York at Stony Brook, was selected by the U.S. Department of Energy (DOE) as one of 18 outstanding research participants to attend the 53rd international convention of Nobel Laureates Clinical Associate Professor in the School of Nursing at Stony Brook University has been appointed a Fulbright Scholar\u2014the first one ever in healthcare appointed to work in El Salvador. Dr. Danny Bluestein, an Associate Professor in the Department of Biomedical Engineering at Stony Brook University, was awarded the prestigious Established Investigator Award (EIA) from the American Heart Association. July Jim Fiore, a highly regarded administrator at two Ivy League institutions, today was named the ninth Director of Athletics in the history of Stony Brook University, becoming one of the youngest people to hold that title at the Division level. 8th Annual Stony Brook Film Festival: The East Coast Premiere of Todd Komarnicki\u2019s \u201cResistance,\u201d a touching World War epic drama starring Bill Paxton and Julia Ormond, opens the 2003 Stony Brook Film Festival at Stony Brook University\u2019s Staller Center for the Arts, on Wednesday evening, July 16. The Foundation donates $25,000 to Stony Brook University for the Research Scholars Program at the College of Engineering and Applied Sciences, the University announced today. Carol Gomes, Director of Stony Brook University Hospital\u2019s Continuous Quality Improvement (CQI) Department, receives a prominent federal appointment. She was appointed to the 2003 Board of Examiners for the Malcolm Baldrige National Quality Award, the highest level of recognition for performance excellence that a U.S. organization can receive. August Stony Brook\u2019s Brooke Larson Awarded Fellowship: The American Council of Learned Societies (ACLS) announced recently the results of the 2002-2003 Fellowship Program, awarding one of the fellowships to Stony Brook University history professor Brooke Larson study released today by scientists at Stony Brook University reveals that a highly polluted riverbed, once dredged of the pollutants, can recover its original environmental health. September Stony Brook University\u2019s College of Engineering and Applied Sciences is the recipient of a $75,000 endowment to establish a permanent source of scholarship funding for students pursuing a major in aeronautical engineering, and who express an interest in pursuing a career in aviation or engineering. The National Pediatric Center at SBUH\u2014the first such center of its kind in the nation\u2014has been awarded a $10,000 grant from the Christopher Reeve Paralysis Foundation (CRPF) to support research into causes of pediatric through the creation of a national registry that will help capture analytic data related to the disease. Thousands of Long Islanders will once again take to the streets to help raise money for both breast and prostate cancer research at the Tenth Annual \u201cWalk for Beauty\u2026In a Beautiful Place Stony Brook University physician and expert in neurology has been named \u201cPhysician of the Year\u201d by the Metro New York Chapter of Myasthenia Gravis Foundation of America. Rahman Pourmand, M.D. is honored on September 13 at the Huntington Hilton in Melville Stony Brook University professor is named the winner of a prestigious award given nationally in the field of psychiatry. Dr. Richard Mattison, Clinical Professor of Psychiatry in the Department of Psychiatry at Stony Brook\u2019s School of Medicine, is being given the Sidney Berman Award for the Study and Treatment of Learning Disabilities. Stony Brook University researchers are awarded a $250K three-year grant to study whether early informal educational programs can increase the participation of economically disadvantaged and minority girls in technology-related college majors and careers. October Stony Brook University is awarded a U.S. government grant of $4,131,274 to develop academic programs in environmental health and archaeology to strengthen the capacity of Iraqi universities. Little Miracles: Kids Recovering From Cancer Star In Their Own Fashion Show On Nov. 20th. Children and young adults who are recovering from cancer are made the stars of a fashion show to benefit the Sunrise Fund at Stony Brook University to raise funds for research and oncology services unique breast education program for women of color in the Town of Babylon will be held on Saturday, October 25 at 1:00 at the Bethel Copiague Church. Known as the Witness Project\u00ae, this national program is sponsored by the Long Island Cancer Center of Stony Brook University, and brought to the community through collaboration with the Town of Babylon and other community groups. Lecture Series at Melville Library Explores Important Literary Topics: George Wallace, Suffolk County's Poet Laureate, and other leading writers and authors are featured in a lecture series at the Melville Library at Stony Brook University during the months of October, November and December. The series sponsored by the Friends of the Library and the University Bookstore, explores intriguing topics and is free and open to the public. Wolfstock 2003: Stony Brook University's annual celebration of Homecoming and alumni activities this year will be highlighted by a meeting between Seawolves football team and St. Francis (Pa.) on Saturday, October 18 at 4:00 in Kenneth P. LaValle Stadium. The Charles B. Wang Asian-American Center at Stony Brook University hosts a series of cultural events open to the general public during October and November. The events coincide with the one-year anniversary of the Center, which opened October 22, 2002. Stony Brook Names Faculty Director For New College Of Science And Society: Jeffrey Levinton, Ph.D., a distinguished scientist and teacher with broad interests in the sciences and the intersection of science, has been named the founding faculty director of the College of Science and Society. Two Developers of Awarded Nobel Prize ( Washington Post): An American and a Briton were jointly awarded the 2003 Nobel Prize in Physiology or Medicine yesterday for their seminal roles in the development of magnetic resonance imaging, or MRI, used routinely by doctors today to reveal in startling detail the interior of the human body. Nobel Prize Is Awarded For Technology; Discovery Made At Stony Brook by Paul Lauterbur: Paul C. Lauterbur, Ph.D., whose research conducted at Stony Brook University led to the development of Magnetic Resonance Imaging (MRI) and revolutionized healthcare in the latter portion of the 20th century, was awarded the Nobel Prize in Medicine in Stockholm, Sweden today Sponsors Free Cardiac Education Program: Stony Brook University Hospital sponsors a free Cardiac Education Program for patients, families and friends in the community. Neiman Marcus & Cody Ctr. For Autism First Annual Fashion Event: Neiman Marcus of White Plains and Stony Brook University team up in a unique fund-raising event to benefit the Matt and Debra Cody Center for Autism and Developmental Disabilities, the University\u2019s regional resource for treatment, research, and education in the Autism Spectrum brand new Orthopedic Unit--the first component of a comprehensive $300 million construction project--will be unveiled on Wednesday, November 12th at Stony Brook University Hospital. Researchers at Stony Brook University have been awarded a $356,000 planning grant to establish a Drug Discovery and Biodiversity Program in Madagascar. The grant from the International Cooperative Biodiversity Group (ICBG), a consortium led by the National Institutes of Health, will capitalize on Stony Brook\u2019s expertise in drug discovery and its leadership in tropical environment conservation in Madagascar Stony Brook University mathematician today was named by President Bush as one of eight of the nation\u2019s leading scientists and engineers to receive the 2002 National Medal of Science. Stony Brook University is one of the top public universities in the country when it comes to feeding highly-rated graduate schools, according to the Wall Street Journal. Shirley Strum Kenny, President of Stony Brook University, is honored at the 2003 American Heart Walk on Sunday, October 26 at the Central Islip campus of New York Institute of Technology. November The hospital and the School of Medicine join together to host the first \"Celebrate Excellence,\" a gala to raise funds for cancer research. Relocated and renovated Orthopedic and Joint Replacement Center opens with a ceremony attended by over 300 staff, local officials and community members. Division of Evaluative Sciences Established in Dept. of Preventive Medicine Sponsors Program on \"Prevention and Management of Osteoporosis\": As part of Stony Brook University Hospital\u2019s Department of Family Medicine\u2019s ongoing program of group visits, the Division of Wellness and Chronic Illness will be conducting a three-part series on the \u201cPrevention and Management of Osteoporosis.\u201d Romantic Love Motivational, Not Specific Emotion According To Stony Brook University Researcher: Romantic love is associated with specific brain activity related to reward and motivation\u2014not emotion\u2014according to a Stony Brook University professor who helped lead a research study which used brain imaging to identify responses of men and women to photographs of their loved ones. Kiplinger\u2019s Personal Finance Ranks Stony Brook As One Of \u2018100 Best Values\u2019 Among Public Universities: Stony Brook University is listed as one of The 100 Best Values in Higher Education among public universities, according to the November, 2003 edition of Kiplinger\u2019s Personal Finance, which annually tracks the best deals among the nation\u2019s leading institutions. Stony Brook Psychiatrist Honored for Work in Legislative Advocacy: Laura J. Fochtmann, M.D., Associate Professor in the Dept. of Psychiatry and Behavioral Sciences at Stony Brook University\u2019s School of Medicine, was honored with a Special Recognition Award by the New York State Psychiatric Assoc. The award was presented for her legislative advocacy on the issue of electroconvulsive therapy. National Park Service And Stony Brook University Sign Cooperative Agreement To Study Coastal Issues: Stony Brook and the National Park Service have entered into a long-term partnership to expand the University's role in conducting and applying research to natural and cultural resource management issues at U.S. National Parks. To enable this alliance recently joined the North Atlantic Coast Cooperative Ecosystem Studies Unit (NAC-CESU), a collaboration of federal agencies and universities that provides research, technical assistance, and education to resource and environmental managers Accepting Applications for Nursing Aide Programs: Individuals have new opportunities at Stony Brook Univ. Hosp. to develop a career in health care. Thanks to a $220,000 New York State grant earlier this year, free classes will begin January 26, 2004 for those wishing to train as certified nursing assistants (CNA). Rich Gelfond, President of the Board of Trustees of the Stony Brook Foundation plus leading representatives from the academic, not-for-profit world, and corporate worlds, will be honored at Stony Brook University\u2019s 2003 Distinguished Alumni Awards Dinner on Thursday, November 20 at 6:30 at Carlyle on the Green at Bethpage State Park. Pediatric Multiple Sclerosis Center opens, first of its kind in the nation. December Don't Over-use Antibiotics for Middle-Ear Infections Says Specialist physician is warns parents not to over-treat middle-ear infections with antibiotics and instead to use \u201cObservation Option,\u201d a new medical strategy which delays or eliminates treatment with antibiotics. Stony Brook University Hospital\u2019s Emergency Department is the first hospital in the nation where the \u201cObservation Option\u201d is regularly employed. Astronomers Discover Most Distant Galaxy Showing Key Evidence For Furious Star Formation: Astronomers have discovered a key signpost of rapid star formation in a galaxy 11 billion light-years from Earth, seen as it was when the Universe was only 20 percent of its current age. Americans Support Importing Drugs From Canada, Say They Are Safe, According To Stony Brook Health Pulse Of America: The majority of Americans believe it should be legal to import prescription drugs from Canada and that pharmaceutical products from across the border are perfectly safe, according to a national survey by Stony Brook University. Stony Brook Investigators: Diagnosis For Ovarian Cancer Developed By Using Statistical Formula To Analyze Blood breakthrough is made by investigators at Stony Brook University which could lead to the early diagnosis of ovarian cancer. The 3D virtual colonoscopy (VC) technology developed at Stony Brook University shows a sensitivity and specificity that is a significant improvement over other techniques, according to the largest-ever clinical trial utilizing the 3D VC. The results of this landmark trial are reported this week in the New England Journal of Medicine. Colds and Flu Workshop: The Division of Wellness and Chronic Illness in the Department of Family Medicine at Stony Brook University Hospital conducts a lecture focusing on how to prevent colds and flu this winter, and how to diminish their severity Opens Advanced Imaging Unit to Detect Breast Cancer: Doctors at Stony Brook University Hospital have launched a new, advanced technology for analyzing breast tissue images that enhances breast cancer detection in especially difficult cases. 2004 January Stony Brook University professor Henry J. White, Ph.D. is a recipient for 2004 of the most prestigious award offered by the National Science Foundation (NSF) for new f aculty members. John W. Milnor, Ph.D., a Distinguished Professor of Mathematics at Stony Brook University, is awarded the 2004 Leroy P. Steele Prize for Mathematical Exposition. Presented annually by the American Mathematical Society, the Steele Prize is one of the highest distinctions in mathematics new Community School for Dance and Movement Studies is formed at Stony Brook University, offering dance and movement classes representing a variety of styles and techniques from around the globe. February Joyce Roche, one of the leading female executives in the U.S., and Ngugi wa Thiong\u2019o, the highly-acclaimed exiled Kenyan poet and novelist, appears at Stony Brook University in February as part of the campus celebration of Black History Month Stony Brook University faculty member is one of only two researchers in the nation to earn a grant from the Organization for Autism Research (OAR) as a result of its 2003 Applied Research Competition Stony Brook University undergraduate student has been awarded a Churchill Scholarship, one of the most prestigious academic honors nationwide. Diana David is one of only 11 students across the country to be honored with the scholarship, which enables outstanding Americans to conduct graduate work at Cambridge University in England. March Windows Cafeteria, the renovated and expanded dining services opens on the 5th floor. April State University of New York Chancellor Robert L. King recognizes the University\u2019s most outstanding students with the Chancellor\u2019s Award for Student Excellence. In all, 245 students from 61 State University campuses, representing five foreign countries and nine states with and average grade point average of 3.74 were honored. Fourteen of the students were from Stony Brook University. Stony Brook University\u2019s graduate program in Public Health has receives authorization from the New York State Department of Education to begin admitting students beginning Fall, 2004. Students admitted to the program will earn a Masters of Public Health (MPH) degree. Two faculty members from Stony Brook University are appointed to the rank of Distinguished Service Professor, the State University of New York has announced. Said Amir Arjomand and Malcolm Bowman were among the nine professors recognized. Stony Brook University medical student Evelyn Hsieh is accepted into the prestigious Fogarty Fellowship program in Lima, Peru, where she will conduct clinical research funded by the National Institutes of Health (NIH), including research in the field of infectious diseases. May Pediatric Bone Marrow Unit, only one of its kinds in Suffolk County, opens. Professor Yi-Xian Qin is selected to study bone loss related to space missions. The National Space Biomedical Research Institute (NSBRI) selected 48 research projects to continue its mission to resolve the health and medical challenges related to long-duration space missions. Senator Charles E. Schumer addresses 4,878 graduates at Stony Brook University and says, \u201cand don\u2019t let the fear of failure deter you.\u201d Schumer, speaking at the first Commencement Stony Brook held in its Kenneth P. LaValle Stadium, he added: \u201cIf you take the risk and fail, you can almost always recover. And if\u2026you succeed, your life will be enriched forever.\u201d The first dean of Stony Brook University\u2019s School of Medicine told the members of the 2004 graduating class today to \u201cremember your moral compass\u201d as they embark on their careers as physicians. Edmund D. Pellegrino, M.D., who oversaw the establishment of the medical school at Stony Brook in the early 1970s, also told the graduates to be guided by the commitment they made in taking the Hippocratic Oath. \u201cThe oath has persisted for 2,500 years for a reason,\u201d he said Stony Brook University professor is awarded a Guggenheim Fellowship, one of the most prestigious honors in academia. Nicholas Fisher, Ph.D., a Professor in the University\u2019s Marine Sciences Research Center, received a fellowship for his research relating to the biomagnifications of metals in contrasting marine food chains. Three high school students from Long Island are inducted into the National Gallery for Young Inventors for 2004, one of the most prestigious national honors awarded for research by a high school student. All three\u2014among only seven chosen nationwide\u2014conducted their winning research projects as part of Stony Brook University\u2019s Research Scholars Program under the tutelage of Professor Miriam Rafailovich of the College of Engineering and Applied Sciences. Four young string quartets from across North America are selected to participate in an exclusive week-long workshop, including master classes conducted by the world-renowned Emerson String Quartet, at Stony Brook University June 1-4. June Stony Brook University conducts a public hearing to address the proposed acquisition of property for the construction of its Research and Development Campus Unveils Phase of Expanded and Modernized Heart Center Stony Brook University Hospital unveiled Phase of its expansion of the Heart Center. The $18 million project, part of the hospital\u2019s $300 million master plan, began in February, 2003. The State University of New York at Stony Brook announces the opening of its new Center for Wine, Food and Culture new professional society which will examine issues of working class life is established at a meeting at Stony Brook University last week. The Working Class Studies Association (WCSA) will shape a new field of study, develop curriculum, publish a journal, and sponsor research in an effort to create an organized forum for issues affecting working class people. University Launches Center For Wine, Food And Culture With Inaugural Event June 28, Featuring Regional Wineries, Star Chefs: New York\u2019s State Secret : Stony Brook University launches Center for Wine, Food, and Culture with inaugural event June 28, featuring regional wineries, star chefs, special guests Kevin Zraly, Waldy Malouf. Stony Brook University Professor Patricia C. Wright, Ph.D., one of the world\u2019s foremost anthropologists, receives the Officier de l\u2019Ordre National de Madagascar\u2014the highest honor that can be bestowed on a civilian by the government of Madagascar. Top leaders at U.S. Labor Against the War, Military Families Speak Out, and the Global Exchange address the relationship between the war in Iraq and social class in America and the U.S. labor movements\u2019 response to the war at \u201cHow Class Works 2004,\u201d June 10-12 at Stony Brook University. July U.S. Premiere Of \u201cSwimming Upstream,\u201d With Geoffrey Rush, Judy Davis Opens 9th Annual Stony Brook Film Festival July 21: \"Swimming Upstream,\" an inspirational drama from Australia based on a true story of Olympic swimmer Tony Fingleton, starring Geoffrey Rush (\"Shine\"- Academy Award; \"Pirates of the Caribbean\"), Judy Davis (\"Deconstructing Harry,\" \"My Brilliant Career\") and Jesse Spencer, makes its U.S. premiere to open (courtesy of MGM/UA) the 9th Annual Stony Brook Film. July 20: Expanded Bone Marrow Transplant Unit opens, the only one of its kind in Suffolk County. August Stony Brook University hosts the commemoration and dedication of a Memorial Arch to honor the 21 alumni who lost their lives in the 9/11 tragedy. The dedication will take place on Friday, September 10 at the Fountain Plaza on the Academic Mall at noon. In addition, the campus will observe a moment of silence at 8:46 AM. Stony Brook University Faculty Member Receives Fulbright Scholar Award: David Hicks, Professor of Anthropology and former Associate Provost, is awarded a Fulbright Fellowship. During the 2004\u20132005 academic years, he returns to East Timor to continue his research on the country\u2019s political history and also advise in developing higher education. Guidant Corporation of Indianapolis, Ind., Columbia University and Stony Brook University begin to collaborate to study a new gene and cell therapy that may ultimately provide better understanding of how genetically-engineered cells can help pace the heart. Paul C. Lauterbur, Ph.D., who was awarded the 2003 Nobel Prize for Medicine for his pioneering research conducted while he was a faculty member at Stony Brook University, returns to the campus. Lauterbur\u2019s work in the 1970s led to his development of magnetic resonance imaging (MRI), which helped transform medicine and led to the first Nobel Prize ever given for research done at Stony Brook. Neuroscience experts from around the world examine functions of the brain related to personality differences at a three-day conference at Stony Brook University beginning August 13. The conference offers a forum for interactions between psychologists and biologically oriented researchers who share an interest in personality and individual differences. September Ground is broken for construction of the new Ambulatory Care Pavilion which will house the Long Island Cancer Center, the Carol M. Baldwin Breast Care Center, outpatient oncology services, a state-of-the-art imaging center and pain management services. Stony Brook University President Shirley Strum Kenny joins with State Senator Kenneth P. LaValle and Riverhead Town Supervisor Philip Cardinale to announce the official opening of the Calverton Incubator in the Town of Riverhead ribbon-cutting ceremony marks the end of a decade of hard work and determination and a new partnership for the University. The University will manage the facility, which is designed to attract industries that are in keeping with East End economies including agriculture, aquaculture, and environmental technologies. Forty-five students from public schools in the Washington Heights section of Manhattan move closer to their goal of free tuition for four years at Stony Brook University this week. The 5th and 8th graders\u2014participants in the unique \u201cAll the Way\u201d program\u2014are honored at Stony Brook for graduating their schools last June, keeping alive their hopes of a college education to be provided by Stony Brook University. The Career Center launches the AmeriCorps Education Award Program, with support from the Vice President for Student Affairs, Dr. Frederick R. Preston. \"This program represents a very special leadership and community service opportunity for our students,\u201d he said. It is a nationwide network of service programs that engages more than 50,000 Americans each year in community service. Speakers at 4th Annual Lobster Health Symposium at Stony Brook University identify probable causes of the 1999 lobster deaths and discuss steps needed to revive the lobster industry Senator Hillary Rodham Clinton visits the Long Island State Veterans Home (LISVH) at Stony Brook University on Saturday, September 18 to discuss her support for veterans and veterans\u2019 health care. More than a dozen of the leading anthropologists from around the world \u2013 led by the renowned Dr. Richard Leakey convene at Stony Brook University on Sept. 8 to examine and address \u201cThe African Origins of Modern Humans.\u201d October Carolyn C. Porco, Ph.D.\u2014 a graduate of Stony Brook University and the leader of NASA\u2019s Imaging Science team for the Saturn-bound Cassini spacecraft\u2014speaks at the University on Friday, October 1 at 5:00 as part of the Provost\u2019s Lecture Series at the Charles Wang Center Theatre. Her appearance, her first lecture at the University since obtaining her undergraduate degree, coincides with activities surrounding Homecoming. Stony Brook University, which is home to a unique collection of archival materials relating to the history and growth of the Automatic Identification/Data Capture (AIDC) industry, the 100, and the Center of Excellence in Wireless and Information Technology host a conference on October 20 to provide users, suppliers, and technology vendors in the Automatic industry with a clear vision of the contentious issues arising between and Bar Coding. Louisa Hargrave, one of the best-known and most-respected figures in the Long Island wine industry and author, winemaker, and consultant, is named Interim Director of Stony Brook University\u2019s Center for Wine, Food, and Culture, which will offer courses, workshops, and seminars at Stony Brook Manhattan. The Center is the first of its kind among universities in New York State. Stony Brook University\u2019s newly formed College of Business begins offering an program featuring flexible day, evening, weekend, full and part time, and study abroad opportunities. For the first time, N.I.C.E. (New Italian Cinema Events) of Florence, Italy - a cultural organization whose honorary members include Isabella Rossellini and Bernardo Bertolucci bring to Long Island a number of new Italian films to be presented and discussed by the filmmakers. Stony Brook University Economics professor Michael Zweig, an expert on working class issues, is a guest on Bill Moyer\u2019s nationally televised program on Friday, October 22 at 9:00 PM. Zweig discusses policy changes which may be designed to serve big business and corporate elites at the expense of America\u2019s working class. World-Class Restaurant From Founders Of Caf\u00e9 Spice And Feng Shui Opening At Stony Brook University October 27 Stony Brook University researcher testing a new form of aspirin\u2014one that is much more potent than its commercially available counterpart, but with almost none of the side effects\u2014to determine whether it can be used to prevent colon cancer in patients who are prone to the disease. Stony Brook University Effort Aids In Restoration Of Libraries In Iraq: Thousands of expertly-selected archaeology books\u2014ranging from rare, out-of-print excavation reports, to state-of-the-art remote sensing studies head for the University of Baghdad and Mosul University in Iraq. Thanks to a ground-breaking partnership between Stony Brook University and Online Computer Library Center, librarians in Iraq get a heads up on what\u2019s coming their way, and over half of these go into circulation immediately upon their arrival at resource-starved libraries. C. David Heymann, the best-selling author of The Georgetown Ladies\u2019 Social Club: Power, Passion, and Politics in the Nation\u2019s Capital Candid Biography of Robert F. Kennedy, and Woman Named Jackie: An Intimate Biography of Jacqueline Bouvier Kennedy, is the featured guest at the 1st Annual Friends of the Library Lecture on Tuesday, October 26 at 7 at the Charles Wang Center, located on the Stony Brook University campus. November Mark J. Benotti, a doctoral student at the Marine Sciences Research Center (MSRC) at Stony Brook University, received the sixth annual Evan R. Liblit Memorial Scholarship award on Friday, November 14 at the annual \u201cAmerica Recycles Day\u201d breakfast held at the New York Institute of Technology\u2019s Culinary Arts Center in Central Islip. Official application is submitted to begin process for hospital to attain status as a Magnet Hospital Market Place Caf\u00e9 opens on level 5 providing expanded dining services. The new University Caf\u00e9, which provides a coffeehouse atmosphere and live music for Stony Brook University graduate students, faculty, staff and the general public kicks off its winter performance schedule with an appearance by legendary singer/songwriter Eric Andersen. The U.S. Department of Energy\u2019s Brookhaven National Laboratory hostsa ribbon-cutting ceremony on November 16, 2004, for the latest addition to its Center for Translational Neuroimaging: a high-resolution micro magnetic resonance imaging (micro MRI) laboratory. Stony Brook University has been ranked as one of the best universities in the world and one of the 50 best in North America, according to a survey by the prestigious Times of London. The November 5 edition of the newspaper ranks Stony Brook as No. 136 among universities worldwide, and No. 50 in North America. There are 8,300 colleges and universities worldwide, according to the International Association of Universities drug used to treat Alzheimer's may also ease memory problems for people with multiple sclerosis, a disease of the brain and spinal cord, according to Stony Brook's Lauren Krupp. Long Island University and Stony Brook University reaches an agreement that would request a transfer of the undergraduate marine science programs at Southampton College to Stony Brook University effective September, 2005. Under the terms of the agreement, Southampton College marine science majors, who are in good academic standing, will have the option of seamlessly transferring to Stony Brook to continue their studies. December Filmmaker and human rights advocate Rory Kennedy lectures at Stony Brook University on Wednesday, December 1 as part of the University\u2019s commemoration of World Day. Kennedy, the youngest of Robert Kennedy\u2019s 11 children, delivers a lecture titled \u201cPandemic: Facing the Crisis\u201d in the Student Activities Center. Stony Brook University Hospital and Central Suffolk Hospital in Riverhead form the University Hospital Alliance (UHA) to expand critical healthcare services in eastern Suffolk County. The alliance is the first affiliation between a teaching hospital and a community hospital. Vincent J. Iacono, a Professor in Stony Brook University\u2019s School of Dental Medicine, is named President of the American Academy of Periodontology (AAP) during the organization\u2019s 90th annual meeting in Orlando, Florida. Dr. Iacono is a Professor and Chairman of the Department of Periodontics and director of the Advanced Education Program in Periodontics at Stony Brook. 2005 January 2005 Seventy-four percent of Long Islanders view the lack of affordable housing as one of the most serious problems facing the region, according to a survey of 805 Long Island residents released today by the Rauch Foundation. Stony Brook University Hospital\u2019s new Chief of Cardiovascular Medicine, Dr. David L. Brown, introduces two procedures in Suffolk County to treat adults with serious heart defects. Stony Brook University is awarded a $655,600 grant from the New York State Office of Science, Technology and Academic Research (NYSTAR) to recruit an internationally-recognized expert to study repair. Thirty-three high school students who worked with Stony Brook University faculty and in Stony Brook laboratories are selected as semifinalists in the Intel Science Talent Search, the prestigious nationwide research competition. Howard Schneider, who served as editor and managing editor during an illustrious 35-year career at Newsday, is joining Stony Brook University as a Visiting Professor in the English Department. Douglas F. Little, Deputy Chief of Police at Stony Brook University, is installed as the President of the Board of the Chiefs of Police Association of Suffolk County at a ceremony on December 19 at Giorgio\u2019s in Baiting Hollow. Chief Little and his wife, Jovanna, are residents of Smithtown. Stony Brook University\u2019s Center for Wine, Food and Culture, the first of its kind in New York State, welcomes \u201cFood Maven\u201d Arthur Schwartz for an evening dedicated to \u201cThe History of Drinking in New York\u201d on Tuesday, January 25 at 6:30 p.m. at Stony Brook-Manhattan, 401 Park Avenue South (at 28th St.). February 2005 The second annual \"Sweet Dreams and Chocolate Indulgence\" event raised more than $48,000 for research, education and care for individuals with autism and related disabilities. The Department of Technology and Society, located in Stony Brook University\u2019s College of Engineering and Applied Sciences is a recent recipient of a Computer Science, Engineering, and Mathematics Scholarship (CSEMS) grant from the National Science Foundation (NSF). An international team of scientists has solved a 35 year-old debate about fossils from southern Ethiopia and extended the fossil record of modern humans back to almost 200,000 years\u2014establishing these discoveries as the oldest well-dated fossils of our species from anywhere in the world. The research also reinforces the theories of an African origin for the human species. Linda H. Aiken, Ph.D., R.N., a nurse and sociologist, explores critical issues in patient safety at the Vice President\u2019s Health Care Forum. Over 300 college students from across New York State participate in a national two-day conference at Stony Brook University features a wide variety of research achievements of underrepresented students in science. The conference Gathering of Science Scholars\u201d also highlights a myriad of diversity programs that promote academic achievement. Students from the School of Medicine at Stony Brook University are leading discussions on heart care, heart anatomy, and heart surgery as part of the Heart Month celebration at the Long Island Children\u2019s Museum in Garden City. Dr. Frederick R. Preston, who transformed the campus experience and introduced a variety of cultural, musical, and recreational events during a distinguished tenure as Vice President for Student Affairs at Stony Brook University, announced today that he will retire in June after 24 years. Dr. Preston, who is a national figure in student life administration and academic diversity issues, has been responsible for a supervising a wide variety of student services since joining Stony Brook in 1981. An examination of the causes and effects of the recent tsunami disaster in Southeast and South Asia and an exploration of the possibility for such a catastrophe on the eastern seaboard of the U.S. features two leading Stony Brook University professors. Teng-fong Wong, Chair of the Department of Geosciences, and Malcolm J. Bowman, a Professor of Physical Oceanography at the Marine Sciences Research Center, present \"The Day Before the Day After Tomorrow: Threats and Responses to Natural Disasters,\u201d which will probe topics including whether New York could be in danger of a destructive tsunami following a major earthquake. Stony Brook University announced today that it has received approval from the State University of New York and the State Education Department to transfer Southampton College\u2019s undergraduate marine sciences program to the University\u2019s Marine Sciences Research Center. March 2005 study conducted under real-world, Emergency Department conditions by researchers at SBUH, has found that the injectable form of the second generation antipsychotic Geodon (ziprasidone) effectively calms the most severely agitated patients. The Aldo Leopold Leadership Program, based at the Stanford Institute for the Environment, has announced its 2005 Leopold Leadership Fellows and appointed a new executive director. David Conover, Dean of the Marine Sciences Research Center at Stony Brook University, is among only 20 Fellows selected nationwide. Stony Brook University President Shirley Strum Kenny and Ruth Brandwein, Director of the Social Justice Center, were among those honored by the University\u2019s Hillel Foundation at a dinner at the Crest Hollow Country Club in Woodbury. New York State Health Commissioner Antonia C. Novello, M.D., presents a $200,000 grant award to the LISVH. The award was the first ever presented by the Department of Health (DOH) to a skilled nursing facility and acknowledges the Veterans Home for excellence and advancement of quality assurance measures and effective clinical practices. Stony Brook University Aids In Tsunami Relief Effort: Students at Stony Brook University begin raise over $18,000.00 through their Meal Plan donations in just three weeks for Oxfam America\u2019s Tsunami relief effort Stony Brook University Professor of Fine Arts has been named the winner of the inaugural Zenith Award by the Museum of Contemporary Diasporian Arts (MoCADA), one of the most prestigious awards given by the organization. N.S. Ramamurthy, Research Professor (Emeritus) of Oral Biology in the School of Dental Medicine at Stony Brook University, has been named a Fellow of the National Academy of Veterinary Sciences (NAVS) of India. In a rare procedure, two teams of surgeons at Stony Brook University Medical Center simultaneously reattached Aresenio Matias's hands during an 11-hour surgery. Michael Chang, the youngest winner of a Grand Slam tournament in the history of men\u2019s tennis, shares stories about his fame, family, and faith at a special appearance at the Charles B. Wang Center at Stony Brook University on Friday, March 18 from 7:30 PM-9:30 PM. April 2005 During the weekend of April 8-10, 2005, The Musicians\u2019 Alliance for Peace (MAP) will again present a local Music for Peace Festival to coincide with their global Music for Peace Project. Three days of concerts, films, panel discussions and lectures will be presented on the campus of Stony Brook University and will benefit Long Island charities and the Asian Tsunami relief effort. Cristina Fontanelli, the internationally known soprano, will perform at Stony Brook University to benefit the University\u2019s Alfonse D\u2019Amato Endowed Chair in Italian American Studies photo exhibition illustrating the personal accounts of those who lack health insurance, is on display at Stony Brook University beginning today and running through May 20 in the Galleria, Level 3 of the Health Sciences Center. The exhibition is free and open to the public Stony Brook University sophomore was awarded the Anne Sayre Scholarship at a banquet dinner on campus. Varsha Jain, who came from India to study Biomedical Technology, received the $500 award from the Women In Science and Engineering (WISE) program, which awards the scholarship each year to the outstanding student who demonstrates the drive and intellectual commitment of Anne Sayre, the late author and Stony Brook lecturer who was an advocate for women in science. Two Stony Brook University students have been named Goldwater Scholars, one of the most prestigious honors given nationwide to college undergraduates. Matthew R. Marge, a senior, who was majoring in computer science and mathematics, and Sara Goldgraben, also a senior, who was majoring in biomedical engineering, receive college expenses up to a maximum of $7,500 as part of the one-year scholarships. May 2005 The Cody Comedy Festival 2005, an evening of comedy entertainment that will benefit the Matt and Debra Cody Center for Autism and Developmental Disabilities at Stony Brook University, is held Wednesday, May 11 at the Staller Center for the Arts. Stony Brook University has launched a new graduate program that provides business professionals with the academic background and credential they need to work in a K-12 educational setting. The President of the Institute of Medicine (IOM) encourages the members of the 2005 graduating class of the School of Medicine at Stony Brook University to have \u201ca universal aspiration of better health for everyone\u201d at the medical school's 31st Convocation Holds Grand Opening of New Dining Area May 25: On May 25, Stony Brook University Hospital will celebrate a dream long in the making for its patients, visitors and staff \u2013 a brand new food \u201csystem\u201d with many elements, and outstandingly delicious good and healthy food Stony Brook University professor has been recognized by the Metropolitan New York Section of the Mathematical Association of America (MAA) for \u201cextraordinary service and commitment.\u201d Alan Tucker of the Department of Applied Mathematics and Statistics was presented the Distinguished Service award from the at a ceremony on May 7 at the City College of New York. Researchers from Stony Brook University have been awarded three grants totaling $200,000 by the Hudson River Foundation. The awards came from the Hudson River Fund, the largest single source of funding dedicated to scientific research on the Hudson River. The Fund is administered by the Foundation, which was created in 1981 in recognition of the need for independent scientific research that would contribute to the development of sound public policy concerning the River\u2019s ecological system. The great Sarod maestro, Ustad Amjad Ali Khan and his sons Amaan Ali Bangash and Ayaan Ali Bangash teaches a course in Indian Classical Music at the Manhattan campus of Stony Brook University this summer. The course 110 Appreciating Indian Classical Music, sponsored by the Center for India Studies and the Department of Asian and Asian American Studies, is open to anyone who wishes to learn about the beauty of Indian music - no previous background in music is required. Christopher Reeve, the actor and activist for spinal cord research who won the hearts of millions during his courageous fight against paralysis, will be posthumously awarded an honorary degree at Stony Brook University\u2019s Commencement on Friday, May 20 at 11:00 in LaValle Stadium. The Doctor of Humane Letters degree will be accepted by Stony Brook graduate student Brooke Ellison, whose own struggle against paralysis was the subject of a made-for movie directed by Reeve shortly before his death last year. June 2005 Stony Brook's Richard N. Fine, M.D. has been named president of the American Society of Transplantation for 2005-2006. Mary Anne Dumas, Ph.D., a Clinical Professor and Family Nurse Practitioner, was inducted at the AANP\u2019s annual conference in Fort Lauderdale on June 19. Thanks to more than $7 million in grants from the National Institute of Occupational Health and Safety (NIOSH) and the American Red Cross that were announced today, Stony Brook University Hospital expands clinical services and other services for 1,800 Long Islanders who were involved in the emergency effort. Representatives from the Iraqi Federation of Trade Unions (IFTU), one of the major labor organizations in Iraq, will talk about life and work during the U.S. presence, and address critical issues facing Iraqi workers at the Charles B. Wang Center at Stony Brook University on Thursday, June 23rd at 4:00 p.m. The discussion is free and open to the public. New York Magazine\u2019s annual \u201cBest Doctors in New York,\u201d features 27 physicians in a wide range of specialties from Stony Brook University Hospital. They were selected from more than 50,000 physicians in the Greater New York Metropolitan Area. The State University of New York Alliance for Graduate Education and the Professoriate (AGEP) led by Stony Brook University, with the University at Albany, Binghamton University, and the University of Buffalo as partners, receives a five-year, $5.5 million grant from the National Science Foundation for an initiative to increase participation at the graduate level of underrepresented minorities in science, technology, engineering, and mathematics (STEM) disciplines. President Shirley Strum Kenny announced today that the University is embarking on a five-year, $300 million capital campaign. It is the first capital campaign in the 47-year history of the University and one of the largest for an institution in the State University of New York system. Stony Brook University's President told a forum for university presidents from China and the U.S.: \"We rejoice that the era of closed societies and mutual mistrust has been left behind.\" July 2005 group of Stony Brook University physicists are part of a national consortium that was selected today by the National Science Foundation to develop a site and conceptual design for an underground research facility in Colorado where revolutionary discoveries and advances in science and engineering would be possible Stony Brook University researcher may be on the path to developing a non-invasive and more specific diagnostic tool for prostate cancer based on studies focusing on telomerase, an enzyme known to be inactive in the majority of normal cells, but active in cancer cells. The $1.5 million campaign to endow a chair at Stony Brook University named for Senator Alfonse D\u2019Amato is completed following a concert held last month featuring a performance by Cristina Fontanelli, the internationally known soprano. The American Society of Safety Engineers (ASSE), Long Island Chapter has announced that Gary J. Kaczmarczyk is installed as president of the Society's chapter for 2005-2006. August 2005 All-stars Celebrity Softball Team from the television, film, and music industries face a team of New York Celebrity All-stars in a nine-inning game at Citibank Park in Central Islip, home of the Long Island Ducks, Saturday, August 27 to benefit the Burn Center at SBUH. Doctors at successfully completed a rare, life-saving combination of surgeries, rescuing triplets at 31 weeks so they could then treat an unusual and potentially lethal cardiac condition in the mother. The case is being hailed as a \u201cmedical miracle.\u201d Dr. La Ruth McAfee, recent recipient of her doctorate in chemical engineering at MIT, was selected as the first Postdoctoral Engineering Education Researcher (PEER) by under a program supported by the National Science Foundation's Alliances for Graduate Education and the Professoriate (AGEP) program. Stony Brook University Hospital celebrates its 25th Anniversary with a gala to be held at the Charles B. Wang Center on campus on Saturday, October 1 beginning at 6:00 PM. Eva Chalas, M.D., one of Long Island\u2019s leading gynecologic oncologists and Deputy Director of Women\u2019s Cancer Svs. at the L.I. Cancer Center at SBUH, is among those honored at the 1st Annual Wave of Hope Gala presented by the L.I. Ovarian Cancer Education Advocacy Networking Support (OCEANS). Suffolk Medical Home Network hosts a Resource and Technology Fair for children with special health care needs from 1:30 to 8:00 on Wednesday, September 21, at SportsPlus Event Center in Lake Grove. Stony Brook University Hospital\u2019s Ambulatory Surgery Center (ASC) marked its third anniversary by scoring among the best hospitals in the nation in a leading patient satisfaction survey. Richard Leakey, the world famous anthropologist and conservationist, and a Visiting Professor at Stony Brook, convenes the international cast of archeologists, paleontologists, and geologists to explore the first human dispersal out of Africa and into Asia and the rest of the globe. Stony Brook University\u2019s \u201cMini-Medical School,\u201d the popular lecture series designed for the general public covers a wide range of medical and health topics is held. The Stony Brook University Career Center announces a new free job listing program, offered in partnership with our Internet job listing provider, MonsterTRAK. September 2005 Stony Brook University is again ranked as one of the top universities in the world by the Institute for Higher Education in Shanghai group of distinguished physicists \u2014 successors to Einstein, including experimenters who carried out new tests of his ideas during the past half century come to Stony Brook University on October 20-21 to celebrate his work and to discuss new theoretical and experimental developments at a conference entitled: \u201cGeometry and the Universe Symposium on General Relativity.\u201d The Japan Center at Stony Brook University today announced an annual scholastic essay competition that promotes awareness and understanding of Japanese culture in the U.S. in collaboration with Canon U.S.A., Inc. Provost Robert L. McGrath announces the launching of the University\u2019s first \u201cCombined Degree\u201d programs that will provide both a Bachelor\u2019s and a Master\u2019s degree to qualified students in five years. The State University of New York Board of Trustees today authorized the State University chancellor to take the necessary and appropriate steps to acquire the Southampton Campus of Long Island University. Stony Brook University Libraries hosts a conference on October 27 to provide users, suppliers, and technology vendors in the Automatic industry with a clear vision of the contentious issues regarding (Radio Frequency Identification )and Bar Coding technologies. Members of the Department of Music perform in three short concerts to help raise funds for the victims of Hurricane Katrina series of three group visits concentrates on the prevention and management of osteoporosis at a series being presented by Stony Brook University Hospital. Stony Brook University announces that it will start a Winter Session program beginning in January, 2006. The Stony Brook University Athletics Hall of Fame will open its doors to four new members at an induction ceremony on Saturday, September 24, 2005. The Class of 2005 includes Teri Tiso (former head coach, volleyball), Stuart Sharoff `81 (Football), John Brisson, Jr. `76 (Swimming/Rowing), and the president of the university, Dr. Shirley Strum Kenny. Lawrence B. Slobodkin, Professor Emeritus at Stony Brook University, is presented with the Eminent Ecologist Award by the Ecological Society of America. Stony Brook University will dedicate a Memorial Garden at a commemoration to be held on Friday, September 9 at 12:30 to honor the 21 alumni and other members of the University community who lost their lives on 9/11. Stony Brook University announces that students from the New York metropolitan area attending Tulane and other universities in and around New Orleans would be welcomed as transfer students on a \"good-faith\" basis in an effort to assist them in continuing their education should they decide to return home temporarily. October 2005 Stony Brook University receives a contribution of $1.4 million in new equipment for its Mechatronics Laboratory from Anorad Corporation, a division of Rockwell Automation dedication ceremony for the new equipment will take place new technology developed at SBU's School of Dental Medicine, which can be incorporated into confections, is used to market candy, chewing gum, and other treats that do not promote cavities often associated with their consumption. Former North Shore Health System head Jack Gallagher was named interim director and chief executive of Stony Brook University Hospital yesterday, two days after Bruce Schroffel announced he was stepping down from the top post. President Shirley Strum Kenny announces that John (Jack) S. T. Gallagher, who developed the North Shore Health System into the largest hospital system in the region during the 1990s, has been named Interim Director and of SBUH. Dr. Richard N. Fine, a nationally renowned pediatric nephrologist and Chair of Stony Brook\u2019s Dept. of Pediatrics, will be Dean of the School of Medicine. Bruce Schroffel, who launched Stony Brook University Hospital\u2019s $300 million Major Modernization Plan, is leaving his position as Director and CEO. Schroffel will take over in January as President and of the University of Colorado Hospital in Denver. Masaharu Morimoto, better know as TV\u2019s flamboyant \u201cIron Chef\u201d gives a cooking demonstration for students, faculty, and the general public at Stony Brook University on Wednesday November 9 Stony Brook University researcher has been named a recipient of the 2006 Dannie Heineman Prize for Mathematical Physics, one of the most prestigious honors awarded by the American Physical Society for his role in the discovery of supergravity. Doctors Eva Chalas, Anne L. Hunter, James McKerrow, and Ami Shah, will be the honorees when Stony Brook University\u2019s School of Medicine holds its annual Distinguished Alumni Awards Dinner on Saturday, November 5 at 6:30 at the Old Field Club in Setauket. Results from the Health Pulse of America national poll released by The Center for Survey Research (CSR) at Stony Brook University indicate that over 65% of Americans now rate childhood obesity as a very serious problem. Charles Wang to give the Keynote Address when more than 100 immigrants, including about 20 Stony Brook University employees and students, take the Oath of Citizenship at a \u201cCitizen Celebration\u201d and swearing-in ceremony to be held at the Charles B. Wang Center on campus on Tuesday, October 25 at 10:00 AM. Former Emmy-winning talk show host Phil Donahue and Michael Ratner, President of the Center for Constitutional Rights, discuss the issue of \u201cTerror and Dissent\u201d at the 7th Annual George Goodman Memorial Symposium on Thursday, November 3 at 4:00 in the Student Activities Center Auditorium. The debate focuses on issues of fighting terrorism vs. human rights. Robert J. Aumann, a long-time member of the faculty at Stony Brook University and now a Visiting Leading Professor, was awarded the Nobel Prize in Economics today for his work in game theory. Stony Brook University researchers are part of a team that produces the first lens-less X-ray images of a single nucleus-containing cell, an achievement that may ultimately lead to more advanced imaging of biological specimens with the goal of better identifying and examining the molecules inside a cell. The Center for Biotechnology New York State Center for Advanced Technology in Medical Biotechnology, at Stony Brook University, in partnership with the City University of New York (CUNY) is pleased to present the 2005 4th Annual Life Sciences Career Development Conference \u201cBuilding Successful Industry-University Partnerships: Careers, Collaborations & Contracts\u201d. Stony Brook University receives a Shared University Research (SUR) award from IBM, as part of the company\u2019s nationwide initiative to foster collaborative research. 17th Annual \u201cRun for Children\u201d on Sunday, October 16, 2005 is held. The first Alice V. and David H. Morris International Symposium on Language and Communication bring eminent scholars from around the globe to Stony Brook University on October 14-16. Author Tim O\u2019Brien, whose gripping series of Vietnam War stories in The Things They Carried (1990) melded fact and fiction and was a finalist for the Pulitzer Prize, will lecture, discuss war experiences with students and Long Island veterans. SBU\u2019s School of Medicine and Stony Brook University Hospital will receive $2.1 million grant from the Centers for Disease Control and Prevention (CDC) over the next three years, to establish a free colorectal cancer screening demonstration program for low-income adults age 50 and older, who have little or no health insurance. November 2005 The National Pediatric Multiple Sclerosis Center at Stony Brook University Hospital the first center of its kind in the nation when established a year ago is named a Pediatric Center of Excellence\u2122 by the National Multiple Sclerosis Society. Stony Brook University is again one of the nation's leaders in income from licensing technology developed by campus researchers Stony Brook University senior is named the winner of a Marshall Scholarship which, along with the Rhodes Scholarship, is considered one of the most prestigious academic awards given in the U.S. Melissa Friedman, 23, of Great Neck is Stony Brook\u2019s first Marshall Scholarship winner in the University\u2019s 48-year history. Stony Brook University\u2019s Center for Advanced Technology in Diagnostic Tools and Sensor Systems receives a $1.9 million grant from the New York State Office of Science, Technology and Academic Research (NYSTAR) to support the development of high-efficiency, high-power electrically pumped semiconductor lasers that can be used in a wide range of industries. Project partners include Power Photonic, Northrop Grumman, and EDO. State Senators John Flanagan and Michael Balboni join residents of the State Veterans Home at Stony Brook U. to formally announce a joint effort between the Senators, the Congressional Delegation and the Veterans Administration in securing $2.2 million in funding for construction and technology upgrades at the Home. Mark Schneider, a Distinguished Professor of Political Science at Stony Brook University, is confirmed by the U.S. Senate last month as the Commissioner of the National Center for Education Statistics (NCES) for the remainder of a term expiring June 20, 2009. Stony Brook University announces two major expansion developments that will result in new jobs, serve as an important economic engine of growth for the entire region, spawn pioneering research in various areas of science and engineering, lead to the creation of new technologies and commercial products, and have a significant impact on protecting the environment and sustainability on Long Island and beyond. Stony Brook University\u2019s Dr. Jeffrey Pessin, a nationally known researcher in diabetes, inaugurates the William and Jane Knapp Endowed Chair in Pharmacological Sciences at the School of Medicine with a lecture for the general public on Monday, November 28. December 2005 Four members of the New York Islanders hockey team spend two hours going room to room dropping off gifts and visiting with more than 35 patients in the Pediatric Oncology, Pediatric Acute, and Pediatric Intensive Care Units at Stony Brook University. Melissa Friedman, Stony Brook University Senior is first recipient of prestigious Marshall Scholarship. Chocolate Champagne and Charity: Event Benefits Cody Center at chocolate and dessert-tasting event was held to benefit the Matt and Debra Cody Center for Autism and Developmental Disabilities at Stony Brook University. \uf16d", "7590_104.pdf": "Schools Second Report: Harassment, Discrimination Among Claims in Fiore Firing sources say allegations of misconduct and harassment are being made against recently fired athletic director Jim Fiore. Jennifer Sloat, Patch Staff Posted Wed, Nov 27, 2013 at 10:14 am \uf0cfSign up Smithtown \uf01eSubscribe News Feed Events Local Businesses Classifieds 2/16/25, 11:49 Second Report: Harassment, Discrimination Among Claims in Fiore Firing | Smithtown Patch 1/6 2/16/25, 11:49 Second Report: Harassment, Discrimination Among Claims in Fiore Firing | Smithtown Patch 2/6 Claims of inappropriate behavior, retaliation and discrimination are among those leveled against Stony Brook University\u2019s former Athletic Director Jim Fiore, according to an online news report, the second of two that have recently surfaced reported Tuesday that according to several sources within the university\u2019s athletic department as well as several documents, Stony Brook\u2019s Office of Diversity and Affirmative Action received complaints about the recently fired athletic director and had knowledge of his misconduct for at least two years and failed to act. According to the story, documents which have been received by the Attorney General of New York and the State Inspector General, Fiore asked female student-athletes about their sexual orientation, behaved inappropriately with them and asked female coaches directly if they were homosexual among other allegations including misappropriation of university resources. Find out what's happening in Smithtownfor free with the latest updates from Patch. Your email address SeaWolvesNation ran a report on Nov. 21 that said several women brought complaints to independent mediators outside the athletics department regarding Fiore. Subscribe 2/16/25, 11:49 Second Report: Harassment, Discrimination Among Claims in Fiore Firing | Smithtown Patch 3/6 Fiore was let go from the university on Nov. 19. and his contract, which had 31 months left, was bought out by the university for $800,000 contacted Fiore\u2019s media representative, Michael Conte about the allegations. Conte told them he had \u201cnothing to provide. Conte has also declined to opportunity to comment on the allegations from Patch. The university has not commented on the issue except for a brief email sent to the campus community on Nov. 19. which read am writing to inform you that Jim Fiore is leaving Stony Brook University. Senior Associate Athletic Director, Donna Woodruff will serve as Interim Athletic Director as we commence a national search to identify a new Athletic Director.\" One source was quoted in the story calling Fiore a\u201dbully\u201d and said, \u201conce you crossed him you\u2019re done.\u201d To read the entire story click here. Get more local news delivered straight to your inbox. Sign up for free Patch newsletters and alerts. Share More from Smithtown Schools | 15h Smithtown Students Craft Valentine's Day Cards For Veterans Schools | 2d Smithtown Students Visit Albany To Lobby For Environmental Act Community Corner | 3d Smithtown Plastic Surgeon Launches Scholarship \uf0c2 \uf045 2/16/25, 11:49 Second Report: Harassment, Discrimination Among Claims in Fiore Firing | Smithtown Patch 4/6 Latest News Nearby 1. \uf02bSmithtown News Smithtown Students Craft Valentine's Day Cards For Veterans 2. \uf02bSmithtown News \ud83c\udf31 Smithtown students lobby for solar energy in Albany 3. \uf02bSayville-Bayport News Illegal Street Racers Busted On Long Island: Police 4. \uf02bSmithtown News \ud83c\udf31 Smithtown Students Visit Albany To Lobby For Environmental Act 5. \uf02bNorth Fork News Animal Sanctuary Neglect Sound Name Change? | Dream Wedding Best of Smithtown Smithtown | Community Corner 'We're Not Alone': Father Stabbed At Pizzeria Receives Support Smithtown | Community Corner Paws Of War Of Receives Fox Nation Patriot Award Smithtown | Business Wegmans Lake Grove Location Announces Opening Date Smithtown | Community Corner Man Killed With Girlfriend Had 'Contagious,' Spirit, Loved Family Smithtown | Restaurants & Bars Carrabba's Closes In Smithtown And Central Islip Find out what\u2019s happening in your community on the Patch app Corporate Info 2/16/25, 11:49 Second Report: Harassment, Discrimination Among Claims in Fiore Firing | Smithtown Patch 5/6 About Patch Careers Partnerships Advertise on Patch Support FAQs Contact Patch Community Guidelines Posting Instructions Terms of Use Privacy Policy \u00a9 2025 Patch Media. All Rights Reserved. Do Not Sell My Personal Information \uf058 \uf01e\uf058 \uf021\uf058\uf058 \uf0b2\uf058 \uf0b1 2/16/25, 11:49 Second Report: Harassment, Discrimination Among Claims in Fiore Firing | Smithtown Patch 6/6"} |
7,730 | Michael Holosko | University of Georgia | [
"7730_101.pdf",
"7730_102.pdf",
"7730_103.pdf"
] | {"7730_101.pdf": "policy/article_63bb9da4-a672-11e8-9a65-1fd09ddf8086.html Open records, closed doors: One professor\u2019s history with the anti-harassment policy Nicolle Sartain | Contributor Aug 23, 2018 Over the course of three years, University of Georgia professor Michael Holosko was investigated by the Equal Opportunity Office three separate times for sexual harassment allegations. The Red & Black submitted multiple open records requests to research how the Equal Opportunity Office handled hara cases from 2011 to May 2018. Nicolle Sartain 1 of 2 2/16/25, 11:50 Open records, closed doors: One professor\u2019s history with the anti-harassment policy | Campus News | redandblack.com 1/10 Two of these investigations resulted in violations of UGA\u2019s Non-Discrimination Anti-Harassment Policy. Despite multiple violations, he continued to teach at the university for more than two years after the final case concluded in 2015. The Red & Black found the details of Holosko\u2019s cases in records obtained through multiple open records requests. There was one other employee, Richard Suplita, who was found in violation of the policy more than once. Suplita received a recommendation to leave the university after his second violation. Holosko was never asked to leave the university because of his violations, and he retired of his own accord in May, the university spokesperson said. The details of Suplita\u2019s cases are discussed in our full investigation, \u201cHarassment in the Classroom.\u201d Holosko was found in violation of the policy for sexual harassment twice, according to formal findings letters from the EOO. He was required to attend a training session and write an apology to students after his first violation in 2012. Other professors were instructed to double check his grading to ensure no retaliation. All of Holosko\u2019s cases have been handled by Janyce Dawkins, director of the EOO. Dawkins wrote in the 2012 resolution letter that Holosko \u201cmade comments of a sexual nature that were sufficient to create a hostile environment,\u201d therefore violating the policy. According to the 2012 letter, Dawkins interviewed 11 of Holosko\u2019s students to investigate the claims made about him, 10 of whom said the comments were not appropriate for the classroom. Five of the 11 \u201caltered their attendance and arrival to the class in an effort to avoid exposure to [Holosko\u2019s] comments.\u201d Two students altered their seating arrangements and one student changed how she dressed \u201cin order to appear more unattractive as to avoid [his] comments on her appearance,\u201d Dawkins said. Violations and sanctions 2012 Case 1. Violation found. Written apology to students for offensive behavior 2/16/25, 11:50 Open records, closed doors: One professor\u2019s history with the anti-harassment policy | Campus News | redandblack.com 2/10 Forward final papers to other professors to grade to ensure no retaliation Attend one policy training session by Fall 2013 2015 Case 2. No violation found. Recommendation: \u201cBe mindful of your comments and how they may affect your students.\u201d 2015 Case 3. Violation found. Annual attendance of policy training while at \u201cKeep your office door open or at least cracked while students are in your office\u201d No female graduate assistants will be assigned caution you to keep sex, outside of any professional, clinical, or academic conversations with students.\u201d Holosko was reported again, during fall 2014, because of allegations of gender discrimination and sexual harassment in interactions with students. Following an investigation, Dawkins concluded Holosko had not violated the policy. Dawkins mentioned in the case\u2019s resolution letter that this was Holosko\u2019s second investigation caution you again to be mindful of your comments and how they may affect your students,\u201d Dawkins wrote in that letter. The third time Holosko was reported was in 2015, and he was found in violation of the policy after the investigation. The final resolution letter went into further detail than the previous two letters about the exact allegations of sexual harassment. In addition to comments with a sexual nature, a claim was made that he force fed cake to a student. \u201c[The student] had the impression that it was some sort of power struggle,\u201d Dawkins wrote in this resolution letter find that you did force to eat from your hand.\u201d Dawkins also explained in that letter how the nature of the comments Holosko was accused of seemed like a pattern of behavior. 2/16/25, 11:50 Open records, closed doors: One professor\u2019s history with the anti-harassment policy | Campus News | redandblack.com 3/10 \u201cOne instance in isolation could generally be explained as a misunderstanding,\u201d Dawkins wrote in this resolution letter. \u201cHowever, this pattern of offensive language with sexual subtext cannot be dismissed as mere misunderstanding or a play on words given your use of this explanation as a repeated defense.\u201d After this third accusation, Dawkins\u2019 findings letter said Holosko was required to annually attend policy training, instructed to keep his office door open \u201cor at least cracked\u201d while students were there and would no longer be assigned any female graduate assistants. \"This pattern of offensive language with sexual subtext cannot be dismissed as mere misunderstanding or a play on words given your use of this explanation as a repeated defense.\u201d - Janyce Dawkins, Director of in Holosko's last resolution letter In addition to these sanctions, Dawkins warned Holosko another violation of the policy could result in suspension or termination. After reaching out multiple times, Holosko never responded to requests for comment on this article. The Red & Black asked to speak with the about how they investigate cases and determine sanctions but was only told by the university spokesperson it was on a \u201ccase-by-case basis.\u201d After attempts to clarify if there was any kind of method to determining sanctions after a violation was found, the university referred The Red & Black to its previous answer and the website which does not explain how sanctions are determined. Contact Us If you've an an experience with the Equal Opportunities Office, we would love to hear from you. Let us know at news@randb.com. 2/16/25, 11:50 Open records, closed doors: One professor\u2019s history with the anti-harassment policy | Campus News | redandblack.com 4/10 Harassment in the classroom: Three investigators decide harassment, discrimination cases on an individual basis at 2/16/25, 11:50 Open records, closed doors: One professor\u2019s history with the anti-harassment policy | Campus News | redandblack.com 5/10 police blotter: Officers suffered heat exhaustion, woman harassed by ex-boyfriend 2/16/25, 11:50 Open records, closed doors: One professor\u2019s history with the anti-harassment policy | Campus News | redandblack.com 6/10 ArchPass two-step verification soon required for UGAMail, OneDrive Business 2/16/25, 11:50 Open records, closed doors: One professor\u2019s history with the anti-harassment policy | Campus News | redandblack.com 7/10 policy violations by the years look at professors' history with harassment 2/16/25, 11:50 Open records, closed doors: One professor\u2019s history with the anti-harassment policy | Campus News | redandblack.com 8/10 Athens' Young Democratic Socialists of America set goals for higher wages 2/16/25, 11:50 Open records, closed doors: One professor\u2019s history with the anti-harassment policy | Campus News | redandblack.com 9/10 Federal proposal to update how schools handle sexual misconduct made public 2/16/25, 11:50 Open records, closed doors: One professor\u2019s history with the anti-harassment policy | Campus News | redandblack.com 10/10", "7730_102.pdf": "John S. Wodarski & Sandy R. Johnson 1512 Accesses Abstract Literature and research relevant to child sexual abuse are reviewed. Though diverse and often conflicting, the predictive factors described generally focused on the personal characteristics of the abuser, the personal characteristics of the victim, the family dynamics, and economic factors. Most authors agree as to the harmful effects on the victim, and a long and varied list is presented. Community-based programs and multiple modalities are seen as the treatment trends, with concentration on family treatment. The need for further research, particularly in the area of causation, is discussed. Evaluation research on the Log in Menu Search Cart Home Evidence-Informed Assessment and Practice in Child Welfare Chapter Contributing Factors to Child Sexual Abuse Chapter First Online: 01 January 2015 pp 53\u201365 Cite this chapter Evidence-Informed Assessment and Practice in Child Welfare 2/16/25, 11:50 Contributing Factors to Child Sexual Abuse | SpringerLink 1/14 effectiveness of the treatment programs is seen as desirable. The implications for a change in society\u2019s view and treatment of children are presented. The problem of child sexual abuse has captured the attention of the public, the media, and professionals who work with families and children. As a result of this new awareness, social workers and members of other helping professions are being turned to for answers regarding causation and effective treatment techniques in working with child sexual abuse victims and their families. Though estimates of the incidence of child sexual abuse vary significantly, data indicate a widely prevalent problem. Estimates range from 100,000 to 500,000 youths who are sexually molested each year although it has been pointed out that statistics fail to reveal the problem\u2019s magnitude because child abuse often goes unreported (Newton et al., Academic Emergency Medicine 17:117\u2013125, 2010; Foster, American Journal of Humanities and Social Sciences 1:97\u2013108, 2013; Spataro et al., The British Journal of Psychiatry 184:416\u2013421, 2004). The Department of Health and Human Services reports that 695,000 unique children were victims of sexual abuse in fiscal year 2010 Health). Researchers report varying percentages of women in their studies who were sexually abused before age 18: 25 % (Weber, Ms. Magazine 5: 64\u201367, 1977), 28 %, and 38 % (Chen et al., Mayo Clinic Proceedings 86: 618\u2013629, 2010). Females are reported as victims of child sexual abuse much more often than are males, however, other authors point out that male victims are vastly underreported (Spataro et al., The British Journal of Psychiatry 184:416\u2013421, 2004). This chapter addresses aspects of child sexual abuse that are pertinent to social work practice: characteristics of the perpetrators, family and child traits, effects, treatment, and practice issues. This is a preview of subscription content, log in via an institution to check access. Access this chapter 2/16/25, 11:50 Contributing Factors to Child Sexual Abuse | SpringerLink 2/14 Subscribe and save Springer+ Basic \u20ac32.70 /Month Buy Now Chapter 29.95 Price includes (Pakistan) eBook 42.79 Softcover Book 49.99 Hardcover Book 49.99 Log in via an institution Get 10 units per month Download Article/Chapter or eBook 1 Unit = 1 Article or 1 Chapter Cancel anytime Subscribe now Available as Read on any device Instant download Own it forever Buy Chapter 2/16/25, 11:50 Contributing Factors to Child Sexual Abuse | SpringerLink 3/14 Tax calculation will be finalised at checkout Purchases are for personal use only Institutional subscriptions Similar content being viewed by others References Belsky, J., & Jaffe, S. (2006). The multiple determinants of parenting. In D. Cicchetti & D. Cohen (Eds.), Risk, disorder and adaptation, developmental psychopathology, (2nd ed., vol. 3, pp. 38\u201385). New York: Wiley. 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Game-based cognitive-behavioral therapy (GB-CBT) group program for children who have experienced sexual abuse preliminary investigation. Child Sexual Abuse, 20(1), 14\u201336. Article Google Scholar Newton, A. S., Zou, B., Hamm, M. P., Curran, J., Gupta, S., Dumonceaux, C., & Lewis, M. (2010). Improving child protection in the emergency department systematic review of professional interventions for health care providers. Academic Emergency Medicine, 17(2), 117\u2013125. Article Google Scholar Pereda, N., Guilera, G., Forns, M., & Gomez-Benito, J. (2009) The prevalence of child sexual abuse in community and student samples meta-analysis. Clinical Psychology Review, 29(4), 328\u2013338. Article Google Scholar Pereda, N., Guilera, G., Forns, M., & Gomez-Benito, J. (2009). The international epidemiology of child sexual abuse continuation of Finkelhor. Child Abuse & Neglect, 33, 331\u2013342. 2/16/25, 11:50 Contributing Factors to Child Sexual Abuse | SpringerLink 9/14 Article Google Scholar Peter, T. (2009) Exploring taboos: Comparing male- and female-perpetrated child sexual abuse. Journal of Interpersonal Violence, 24(7), 1111\u20131128. Article Google Scholar Priebe, G., & Svedin, C. G. (2008). Child sexual abuse is largely hidden from the adult society: An epidemiological study of adolescents\u2019 disclosures. Child Abuse and Neglect, 32(12), 1095\u20131108. Article Google Scholar Putnam, F. W. (2003). Ten-year research update review: Child sexual abuse. Journal of the American Academy of Child and Adolescence Psychiatry, 42(3), 269\u2013278. Article Google Scholar Ramierz, C., Pinzon-Rondon, A. M., & Botero, J.C. (2011). Contextual predictive factors of child sexual abuse: The role of parent-child interaction. Child Abuse and Neglect, 35, 1022\u2013 1031. Article Google Scholar Ray, S. L. (2001). Male survivors\u2019 perspectives of incest/sexual abuse. Perspectives in Psychiatric Care, 37(2), 49\u201359. Article Google Scholar Riegel, D. L. (2008). Boyhood sexual experiences with older males: Using the internet for behavioral research. Archives of Sexual Behavior, 38(5), 626\u2013630. 2/16/25, 11:50 Contributing Factors to Child Sexual Abuse | SpringerLink 10/14 Article Google Scholar Sapp, A. D., & Kappeler, S. F. (1993 descriptive study of child molestation: Victim and offender characteristics. Journal of Police and Criminal Psychology, 9(1), 56\u201362. Article Google Scholar Sgroi, S. M. (1982). Family treatment of child sexual abuse. Journal of Social Work and Human Sexuality, 1, 109\u2013128. Article Google Scholar Sharpe, D., & Faye, C. (2006). Non-epileptic seizures and child sexual abuse critical review of the literature. Clinical Psychology Review, 26(8), 1020\u20131040. Article Google Scholar Shaw, J., Lewis, J., Loeb, A., Rosado, J., & Rodriguez, R. (2000). Child-on-child sexual abuse: Psychological perspectives. Child Abuse and Neglect, 24(12), 1581\u20131600. Article Google Scholar Spataro, J., Burgess, P. M., Wells, D. L., & Moss, S. A. (2004) Impact of child sexual abuse on mental health: Prospective study in males and females. The British Journal of Psychiatry, 184(5), 416\u2013421. Article Google Scholar Sperry, D., & Gilbert, B. (2005). Child peer sexual abuse: Preliminary data on outcomes and disclosure experiences. Child Abuse and Neglect, 29, 889\u2013904. 2/16/25, 11:50 Contributing Factors to Child Sexual Abuse | SpringerLink 11/14 Article Google Scholar Ulloa, E. C., Baerresen, K., & Hokoda, A. (2009). Fear as a mediator for the relationship between child sexual abuse and victimization of relationship violence. Journal of Aggression, Maltreatment & Trauma, 18(8), 872\u2013885. Article Google Scholar Weber, E. (1977). Incest: Sexual abuse begins at home. Ms. Magazine, 5, 64\u201367. Google Scholar Zefran, J., Jr., Riley, H. F., Anderson, W. O., Curtis, J. H., Jackson, M., Kelly, P. H., McGury, E. T., & Suriano, M. K. (1982). Management and treatment of child sexual abuse cases in a juvenile court setting. Journal of Social Work and Human Sexuality, 1, 155\u2013170. Article Google Scholar Zielinsky, D., & Bradshaw, C. P. (2006). Ecological influences on the sequelae of child maltreatment review of the literature. Child Maltreatment, 11(1), 49\u201362. Article Google Scholar Author information Authors and Affiliations University of Tennessee, Knoxville Prof. John S. Wodarski University of Georgia, Athens Sandy R. Johnson 2/16/25, 11:50 Contributing Factors to Child Sexual Abuse | SpringerLink 12/14 Corresponding author Correspondence to John S. Wodarski . Editor information Editors and Affiliations School of Social Work, The University of Tennessee, Knoxville, Tennessee John S. Wodarski School of Social Work, University of Georgia, Athens, Georgia Michael J. Holosko Ethelyn R. Strong School of Social Work, Norfolk State University, Norfolk, Virginia Marvin D. Feit Rights and permissions Reprints and permissions Copyright information \u00a9 2015 Springer International Publishing Switzerland About this chapter Cite this chapter Wodarski, J., Johnson, S. (2015). Contributing Factors to Child Sexual Abuse. In: Wodarski, J., Holosko, M., Feit, M. (eds) Evidence-Informed Assessment and Practice in Child Welfare. Springer, Cham. Published Publisher Name 2/16/25, 11:50 Contributing Factors to Child Sexual Abuse | SpringerLink 13/14 8-3-319-12045-4_4 29 January 2015 Springer, Cham Print 978-3-319-12044-7 Online 978-3-319-12045-4 eBook Packages Humanities, Social Sciences and Law Social Sciences (R0) Publish with us Policies and ethics 2/16/25, 11:50 Contributing Factors to Child Sexual Abuse | SpringerLink 14/14", "7730_103.pdf": "Campus News Building on a legacy Search Menu Campus News Business & Economy Science & Technology Arts & Humanities Health & Wellness Society & Culture Georgia Impact No results found. \uf0c9 Type here to search... For the Media Open Records Division of Marketing & Communications \uf002 Today\u2019s top news from the University of Georgia Campus News Business & Economy Science & Technology Arts & Humanities Health & Wellness Society & Culture Georgia Impact 2/16/25, 11:50 Building on a legacy Today 1/8 March 20, 2006 \u2022 by Kristen Smith 2/16/25, 11:50 Building on a legacy Today 2/8 2/16/25, 11:50 Building on a legacy Today 3/8 Social work professor discusses his vision as inaugural holder of Berger Professorship Pauline M. Berger served on the faculty of the School of Social Work from 1966 to 1976 and was the school\u2019s first director of \u00adadmissions. Michael \u00adHolosko left his native Canada in January to join the faculty at as the first Pauline M. Berger Professor of Family and Child Welfare in the School of Social Work. Columns sat down with Holosko to learn more about the professorship and about him. Columns: What is the mandate of the Berger Professorship? Holosko: Professor Berger demonstrated a deep commitment to the area of child and family welfare through her social work practice and her academic career, as well as through her volunteer work in the community. In the inaugural chair of this professorship, the mandate is to carry on that legacy and continue to build on it. Columns: Can you describe a project you\u2019re working on now that fits that bill? Holosko: One of the projects have on the horizon is the whole notion of knowledge transfer in our profession. It\u2019s been well documented that those who write research in social work are academics and such research is read mainly by other academics. The practitioners on the front lines-our fighter pilots, if you will-don\u2019t have the time, inclination or ability to wade through studies in professional journals and, more importantly, when they do, they don\u2019t understand them. So I\u2019ve been working with some groups like the evidence-based practice group of the Council on Social Work Education, and I\u2019ve also consulted with a panel of research experts who are pushing forward standards for upgrading social work research. This notion of knowledge transfer is one that I\u2019m really concerned about. And what that would mean is would try to establish the University of Georgia as a Michael Holosko Michael Holosko 2/16/25, 11:50 Building on a legacy Today 4/8 place where knowledge could be transferred to practitioners, whereby they could just input a few key words and access studies written in plain text English to assist them in their day-to-day practice activities. Columns: You were here at in 1998 as a visiting professor, and read that in one of your policy classes some of your class projects got national publicity. Can you tell me about that? Holosko: The field of social policy at the graduate level has moved into policy advocacy nested in models of social justice. And was very concerned with promoting the social justice imperative through advocacy initiatives. For one of the assignments asked students to write a letter to the editor in order to get their voices heard-getting voices heard is an important issue in social work had students write letters to the editor in the communities they were placed in. About a third of the class had their letters published. It was easy for them to do because asked them to identify where cracks existed in the system and when they examined those cracks and saw how clients fell into them, they were able to write compelling letters. The story got picked up by the Atlanta Journal-Constitution and, in turn, by Today didn\u2019t anticipate that a small assignment where students\u2019 voices were heard on behalf of clients would generate so much interest. Columns look at your shows that in addition to your extensive scholarly work, you had a radio show in Windsor, Canada, and a regular television commentary. Can you say a little bit about those shows? Holosko: As part of community service, one of the things I\u2019ve always had in my career was radio work started doing a regular weekly radio show in Windsor would feature a social problem of the week. So if there was a shooting in a school or a job layoff would talk about those things and do some research on the subject and people would call in. That spawned the television show thought with all of the issues and concerns in our community, why is no one asking a social worker about pressing social problems? So became involved in 2/16/25, 11:50 Building on a legacy Today 5/8 the media to get a voice out was on for three years and radio, off and on, for about 20. Columns: What do you see on the horizon for social work practice? Holosko: When look at trends in your community see many of the same trends as in Canada. Trend number one is there is always an increase in demand for services, and there is always a decrease in available dollars to meet that demand see more multi-problem and complex cases on the caseloads of social workers than ever before see more sexual abuse and incidents of horrific violence. And see the problems of our society being identified more appropriately as systemic problems of society, not solely problems of people. So if indeed there are barriers that exclude people from participation in society, those barriers are being called that. I\u2019m seeing a reframing in our field of understanding a more positive perception of ourselves as social workers and buying into a strengths-based perspective related to our professional empowerment and, in turn, the empowerment of our clients. #Columns #School of Social Work You may also like Campus News Two Office of Research units announce name changes Campus News Skidaway looks back at eventful year of upgrades\u2026 Campus News Study unveils dust patterns over time in the North\u2026 Campus News students document Georgia\u2019s historic gems \ue028 \ue959 \ue063 \ue04c 2/16/25, 11:50 Building on a legacy Today 6/8 Campus News Jeremy Daniel pays it forward through mentoring Faculty Spotlight Assistant professor helps others find financial well\u2026 The online newspaper for the University of Georgia community Research news from across the University of Georgia Events Feb 17 LifeSmarts State Championship 4 event Location: Georgia National Fairground and Agricenter Feb 17 - Feb 18 Presidents Day Classes in session; offices open. Feb 17 - Feb 28 Steps Towards Inclusion Tour Explore African More Events 2/16/25, 11:50 Building on a legacy Today 7/8 University of Georgia Schools and Colleges Directory MyUGA Employment Opportunities Copyright and Trademarks Privacy Website Feedback on \u00a9 University of Georgia, Athens 30602 706\u2011542\u20113000 Close menu Archives Select Month 2/16/25, 11:50 Building on a legacy Today 8/8"} |
7,574 | Darren Pitcher | Spokane Falls Community College | [
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] | {"7574_101.pdf": "Allegations of coercion raised in harassment case against former president March 16, 2018 Updated Fri., March 16, 2018 at 10:12 p.m. Darren Pitcher (Community Colleges of Spokane) Washington Idaho > Menu Search News Sports Business Weather 2/16/25, 11:51 Allegations of coercion raised in harassment case against former president 1/6 By Chad Sokol chadso@spokesman.com (509) 459-5047 Newly filed court records reveal details of sexual harassment allegations against Darren Pitcher, the former acting president of Spokane Falls Community College who resigned last month in the middle of a human resources investigation. Among other things, Pitcher is accused of exposing himself to a coworker and coercing subordinates to have sex with him. Court records state that \u201cthose subordinates either gained promotion as a result of the sexual relationship or were fired or demoted if his sexual advances were rebuffed.\u201d The allegations are described in court records filed Friday by attorney Nicholas Kovarik, who is seeking to prevent the names of victims and witnesses from being disclosed in public records. The Spokesman-Review, the Inlander and each have requested records regarding the allegations against Pitcher, but the Community Colleges of Spokane has yet to fulfill those requests. The injunction states that the human resources investigation began in mid-January, when one woman, referred to as Jane Doe No. 1, made a number of allegations against Pitcher. The injunction states that Pitcher exposed his genitals to the woman, groomed her for \u201ca quid pro quo sexual encounter\u201d and \u201cengaged in inappropriate sexual intercourse with her,\u201d causing her \u201cextreme emotional distress, embarrassment and humiliation.\u201d At least eight other women gave interviews while the investigation was underway, according to the injunction filed by Kovarik. \u201cThese individuals would not have given information or would have agreed to be interviewed had they known their names would be made public,\u201d the injunction states. \u201cThey are all fearful of retaliation from other employees and the public at large.\u201d \u201cMoreover, Jane Doe No. 9 was specifically targeted and was sent instant messenger messages of a sexual nature from Dr. Pitcher,\u201d the injunction states. \u201cDisclosure of her name and identifiers associated with these messages would be humiliating, embarrassing and would cause irreparable damage to her reputation.\u201d 2/16/25, 11:51 Allegations of coercion raised in harassment case against former president 2/6 In a phone call Friday evening, Pitcher, 50, denied nearly all of the allegations, saying he had never had a sexual encounter with any of his colleagues, consensual or otherwise. \u201cThese allegations are slanderous and untrue,\u201d he said. \u201cWhen all the documents are released, that will become evident.\u201d Pitcher admitted only that he had made \u201cunprofessional\u201d remarks to one colleague in an instant-messaging conversation, which he described as friendly banter. He said he later apologized for those remarks, and the woman was receptive. Pitcher said nearly 30 people were interviewed as part of the investigation into his alleged behavior, and he noted that no finding of guilt was ever reached. (The investigation ended when he submitted his resignation letter on Feb. 26.) Pitcher joined in 2012 after more than a decade in leadership roles at another community college in Montana. In his resignation letter, he wrote that the past two years had been particularly difficult for him. He was SFCC\u2019s vice president for student services, and last summer when President Janet Gullickson resigned, he took on the additional responsibilities of acting president. \u201cAlthough have tried to perform at a high level have not taken care of myself and have not invested enough of myself towards my family life,\u201d he wrote. \u201cFor the sake of my own well being must submit my resignation effective immediately.\u201d Nancy Fair-Szofran, formerly the provost, has served as SFCC\u2019s president since Pitcher resigned nationwide search for a permanent president is underway previously told The Spokesman-Review that the public records would be made available next Wednesday, but the injunction is likely to delay their release. The three news organizations are named as defendants in the lawsuit, as is CCS. The district\u2019s chancellor, Christine Johnson, who is in charge of the presidents at and Spokane Community College, was expected to speak Friday morning before Spokane County Commissioner Josh Kerns gave his State of County address. The audience was told Johnson could not attend due to \u201cunforeseen issues.\u201d The Spokesman-Review and many other news organizations generally do not identify victims of alleged sexual harassment or sexual assault without their permission. The 2/16/25, 11:51 Allegations of coercion raised in harassment case against former president 3/6 injunction would force to redact names and other identifying information before releasing any records related to the investigation. Kovarik, the attorney, wrote that disclosing the names of victims and witnesses would \u201ccause a chilling effect for those coming forward to give information about workplace sexual harassment, retaliation and discrimination.\u201d Pitcher, meanwhile, said he was troubled by the effort to conceal the names of his accusers think have a right, and the people have a right, to know who brought these allegations against me,\u201d he said, adding that he believes one woman\u2019s claims are particularly \u201cfar- fetched.\u201d \u201cIt\u2019s destroyed my career and my life, and think it\u2019s only fair that she gets named as well,\u201d he said. 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 2/16/25, 11:51 Allegations of coercion raised in harassment case against former president 4/6 Subscribe now to get breaking news alerts in your email inbox Get breaking news delivered to your inbox as it happens. Sign up fresh start: One Spokane woman\u2019s journey to a new life 2/16/25, 11:51 Allegations of coercion raised in harassment case against former president 5/6 We can all use a little hope and redemption. \u00a9 Copyright 2016,The Spokesman-Review 2/16/25, 11:51 Allegations of coercion raised in harassment case against former president 6/6", "7574_102.pdf": "former-acting-sfcc-president/article_cca643c3-d5f8-5157-8f69-76e47998226d.html Investigation finds no evidence of sexual harassment claims against former acting president By Drew Reeves Mar 27, 2018 2/16/25, 11:51 Investigation finds no evidence of sexual harassment claims against former acting president | Local News | kxly.com 1/4 An investigation into sexual harassment claims against the former acting president of Spokane Falls Community College found no evidence to substantiate those claims. 2/16/25, 11:51 Investigation finds no evidence of sexual harassment claims against former acting president | Local News | kxly.com 2/4 In December, officials at received a complaint alleging claims of sexual harassment against then acting president Darren Pitcher. The woman later came forward and said that on one occasion Pitcher exposed himself to her. She also says he groped her on another occasion. The two also apparently had sexual intercourse, which she says was consensual. Several other women also were interviewed about inappropriate sexual behavior by Pitcher, though they wanted to remain anonymous. The women said that they feared retaliation The Community Colleges of Spokane completed their investigation into the claims recently. In public records obtained by KXLY, the investigation concluded it could not find any evidence of sexual harassment or an inappropriate sexual relationship between Pitcher and the complainant. The school concluded \u201cThere were no witnesses and any evidence that might have existed has long since been lost or destroyed.\u201d The woman said she deleted her text messages with Pitcher, and Verizon confirmed to her that the messages could not be obtained. During its investigation, The concluded that there were issues with credibility both with Pitcher and the woman who filed the harassment claim. Powered by Snow keeps going through Monday morning 5 2/16/25, 11:51 Investigation finds no evidence of sexual harassment claims against former acting president | Local News | kxly.com 3/4 The school did, however, find that Pitcher was violating other board policies. Documents state that Pitcher and two women, called Witness and Witness C, \u201cused state resources, including technology and time, for personal purposes.\u201d That included excessive text messages used from state issued phones and computers. Those documents go on to say that \u201cTheir actions, including excessive texting \u2013 some during late hours and weekends \u2013 closed door meetings, observed physical closeness, etc\u2026. would tend to support that a deep, personal relationship was formed.\u201d The investigation says that Pitcher would have actually been involved in the process of implementing rules that would make such a relationship against policy. As of now, there are no lawsuits filed against Pitcher or SFCC. Lawyers are still fighting to keep the names of the women who brought these claims forward redacted 2023 REDISTRIBUTED. 2/16/25, 11:51 Investigation finds no evidence of sexual harassment claims against former acting president | Local News | kxly.com 4/4", "7574_103.pdf": "Appellate judges require full disclosure of records from sexual harassment probe June 18, 2019 Updated Tue., June 18, 2019 at 7:05 p.m. Darren Pitcher resigned as acting president of Spokane Falls Community College amid allegations of sexual harassment in February 2018. In an opinion issued Tuesday, June 18, 2019, appellate judges ruled the college must disclose records of its investigation without redacting the names of Pitcher\u2019s accusers. (Community Colleges of Spokane) Washington Idaho > Menu Search News Sports Business Weather 2/16/25, 11:51 Appellate judges require full disclosure of records from sexual harassment probe 1/5 By Chad Sokol chadso@spokesman.com (509) 459-5047 Appellate judges have reversed a trial court decision and sided with The Spokesman- Review in a case involving public records from a sexual harassment investigation at Spokane Falls Community College. The case began in spring 2018 when local news organizations requested records of an investigation into Darren Pitcher, shortly after he resigned as acting president of SFCC. Pitcher was accused of \u201cogling\u201d female subordinates, commenting on their physical appearance and using objectifying terms such as \u201csweet cheeks.\u201d He also allegedly blocked a woman from leaving his office before exposing his genitals to her. He denied having a sexual encounter with any of his co-workers but acknowledged making \u201cunprofessional\u201d remarks in texts and instant messages sent via phones and computers belonging to the college. The Community Colleges of Spokane provided hundreds of pages in response to the newspaper\u2019s request. But the college district redacted the names and identifying information of alleged victims and witnesses after attorney Nicholas Kovarik filed an injunction on their behalf. In court records, they are referred to as Jane Does Nos. 1 through 11. The Spokesman-Review generally does not publish the names of alleged victims or witnesses of sexual assault or harassment without their permission, although such information can aid in the newsgathering process and ensure a clear understanding of allegations. In Spokane County Superior Court, lawyers for the newspaper and argued for the release of unredacted records, citing the Washington Public Records Act, the First Amendment and the role of news organizations in holding public institutions, like CCS, to account. However, Judge Annette Plese sided with Kovarik, who argued that disclosing his clients\u2019 names would humiliate them and create \u201ca massive chilling effect\u201d that would prevent college employees from reporting future instances of sexual harassment. 2/16/25, 11:51 Appellate judges require full disclosure of records from sexual harassment probe 2/5 Several weeks ago, Kovarik and lawyers for the newspaper, Casey Bruner and David Knutson, argued again before Washington\u2019s Division Court of Appeals. On Tuesday, the three-judge panel reversed Plese\u2019s decision, concluding the names of Pitcher\u2019s accusers must be disclosed, in part because Kovarik did not demonstrate their allegations were \u201cpersonal information\u201d contained in protected personnel files. The unanimous opinion was written by Judge George Fearing and endorsed by Judges Rebecca Pennell and Robert Lawrence-Berrey. \u201cThe people do not give public servants the right to decide what is good and what is not good for the people to know,\u201d Fearing wrote. \u201cFree and open examination of public records serves the public interest, even though such examination causes inconvenience or embarrassment to public officials or others. The public has a right to know who their public employees are and when those employees are not performing their duties.\u201d The ruling concludes: \u201cDuring oral argument, counsel for the Jane Does characterized his clients as courageous women who spoke against abuse from a powerful man. We agree. We applaud the Jane Does as important whistleblowers. Their courage expands in light of the state\u2019s policy of demanding disclosure of the women\u2019s names in response to a Public Records Act request.\u201d The order was stayed for 30 days, and the Jane Does have 20 days to seek reconsideration from the appellate court or a review by the state Supreme Court. 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 2/16/25, 11:51 Appellate judges require full disclosure of records from sexual harassment probe 3/5 Subscribe now to get breaking news alerts in your email inbox Get breaking news delivered to your inbox as it happens. Sign up 2/16/25, 11:51 Appellate judges require full disclosure of records from sexual harassment probe 4/5 Statewide and regional programs supporting rural behavioral health in Washington state Access to mental health care provides essential intervention for those in need of support, especially when care is localized and culturally relevant. \u00a9 Copyright 2016,The Spokesman-Review 2/16/25, 11:51 Appellate judges require full disclosure of records from sexual harassment probe 5/5", "7574_104.pdf": "From Casetext: Smarter Legal Research Doe v. Wash. State Cmty. Coll. Dist. 17 Jun 18, 2019 No. 36030-0 (Wash. Ct. App. Jun. 18, 2019) Copy Citation Download Check Treatment Take care of legal research in a matter of minutes with CoCounsel, your new legal assistant. Try CoCounsel free 36030-0 06-18-2019 #1, a single woman #2-9, Respondents, v 17 SPOKANE; an agency of the WASHINGTON, Respondents COMPANY, a Washington Corporation, Appellant TELEVISION, INC., a Washington Corporation; and PUBLICATIONS, INC., a Washington Corporation, Defendants. Sign In Search all cases and statutes... Opinion Case details 2/16/25, 11:51 Doe v. Wash. State Cmty. Coll. Dist. 17, No. 36030-0 | Casetext Search + Citator 1/10 FEARING, J. Based on the Public Records Act's broad mandate of liberal disclosure of government agency records, we reverse the superior court's decision ordering the redaction of names and other identifying information of victims and witnesses found in investigative records held by the Spokane Falls Community College following the resignation of the college's acting president surrounding allegations of sexual misconduct. We hold that 42.56.230(3), a subsection of the Public Records Act, does not shield the identifiers from release since no evidence shows that the type of records were such that the community college would hold the records in files maintained for the benefit of employees Appellant Cowles Publishing Company publishes the Spokesman-Review. Respondent Washington State Community College District 17, a community college district organized under 28B.50.040, operates two colleges: Spokane Community College and Spokane Falls Community College 132Q-276-040. Respondents Jane Does #1 through 10 are the targets of the subject Public Records Act request sent by the Spokesman-Review to Spokane Falls Community College. The Spokesman-Review submitted its request as a result of alleged sexual misconduct of Spokane Falls Community College acting president Darren Pitcher, who served in this position in 2017 and 2018. Jane Doe #1 filed an anonymous complaint about Darren Pitcher with Spokane Falls Community College's human resources office in 2016, so we assume Pitcher served in another position with the community college at an earlier date. When the office withheld action in response, Jane Doe #1 broadened her audience and filed an anonymous complaint with community college officials, her faculty union, and the State Board of Community and Technical Colleges. The American Association of Higher Education president then explained to Doe #1 that the district maintained a policy not 2/16/25, 11:51 Doe v. Wash. State Cmty. Coll. Dist. 17, No. 36030-0 | Casetext Search + Citator 2/10 to investigate anonymous complaints and that she would need to file a formal complaint if she wanted the allegations investigated. We do not know why the American Association of Higher Education gave advice about the community college's policies. On January 16, 2018, Jane Doe #1 filed a second complaint of sexual harassment and retaliation against Darren Pitcher with Spokane Falls Community College's human resources office. Doe #1 identified herself in this second complaint. The complaint detailed Pitcher's purported inappropriate behavior and the effect of the behavior on Doe #1. The human resources office interviewed Jane Doe #1. Doe #1 recounted Pitcher exposing his genitals to her, grooming her for a quid pro quo sexual encounter, and engaging in sexual intercourse with her. Doe #1 further informed the human resources office that Pitcher engaged in or attempted to engage in sexual relationships with other subordinates, who either gained promotion or were fired or demoted when rebuffing sexual advances. Spokane Falls Community College investigated Jane Doe #1's allegations, and the investigation included interviews of Jane Does #2-9. Jane Doe #9 reported that Darren Pitcher sent instant messenger messages to her of a sexual nature. The messages described and commented on Doe #9's genital and breasts. Jane Does #2-8 and 10 did not assert that Pitcher subjected them to harassment or misconduct, but the eight women disclosed knowledge of misbehavior toward others. On February 26, 2018, Darren Pitcher resigned as acting president. The Spokesman-Review then made the following public record request to Spokane Falls Community College: Please provide all records and correspondence related to claims of misconduct, including claims of sexual harassment, involving Darren Pitcher, from before and during his time as acting president of Spokane Falls Community College. Please also provide all records and correspondence related to Community Colleges of Spokane's investigation into such allegations. Correspondence should include emails to and from Chancellor Christine Johnson regarding this matter. 2/16/25, 11:51 Doe v. Wash. State Cmty. Coll. Dist. 17, No. 36030-0 | Casetext Search + Citator 3/10 Clerk's Papers at 73. Please also provide copies of all text messages that Pitcher exchanged with Kari Collen. These text messages are subject to public disclosure if Pitcher used a CCS-owned cell phone or received a stipend for work-related cell phone use. Lastly, please provide a copy of Pitcher's resignation letter. The Spokesman-Review's request covered documents that contained the names and other identifiers of Jane Does #1-9. The Spokane Falls Community College human resources office contacted the Does and warned that the records would be disclosed on March 20, 2018. Jane Does #1-9 respectively replied that, had each known her name would be disclosed, she would not have spoken to investigators On March 16, 2018, before Spokane Falls Community College released any documents, Jane Does #1-9 filed a complaint, motion for temporary restraining order, and motion for permanent injunction. The Does did not challenge the underlying disclosure of the documents, but rather sought to enjoin the release of their names and identifiers contained within the documents. In other words, the Jane Does asked that the court direct the community college to excise their names and other identifying data from the records. On March 20, 2018, the trial court granted a temporary restraining order preventing Spokane Falls Community College from disclosing the names and identifiers of the Does. The court ordered that the documents be delivered to it for an in camera review. On March 21, 2018, the Does filed an amended complaint for injunction that added Jane Doe #10 as a plaintiff. Spokane Falls Community College released three batches of documents: (1) working documents, (2) investigation reports and exhibits, and (3) e-mail. The \"working documents\" include over six hundred pages of interview notes, complaints, investigation guidelines, interview timelines, and instant messenger messages. 2/16/25, 11:51 Doe v. Wash. State Cmty. Coll. Dist. 17, No. 36030-0 | Casetext Search + Citator 4/10 The investigation file and exhibits contain more than three hundred pages of documents and include an investigation report, e-mails, written statements, instant messenger transcripts, administrative procedures, college policies, and other information. None of the records in this category of documents suggest they arose from any personnel file. The produced records included four hundred pages of e-mail correspondence between and among employees of the community college. The community college maintains the e-mail in e-mail programs and e-mail servers, not in any employment file. On March 30, 2018, the trial court granted a permanent injunction that enjoins Spokane Falls Community College from disclosing the names and identifiers of Jane Does #1-10 in any response to the Spokesman-Review's requests or in a response to future requests. The court categorized the records as exempt personal information under 42.56.230(3) and declared that no legitimate public interest in the names and identities of the Does existed Washington's Public Records Act requires state agencies to produce all public records on request unless a record falls within an exemption. Progressive Animal Welfare Society v. University of Washington, 125 Wn.2d 243, 250, 884 P.2d 592 (1994). The act mandates broad disclosure of public records in order to hold public officials and institutions accountable to the people. Resident Action Council v. Seattle Housing Authority, 177 Wn.2d 417, 431, 327 P.3d 600 (2013); Progressive Animal Welfare Society v. University of Washington, 125 Wn.2d at 251 (1994). The people do not give public servants the right to decide what is good and what is not good for the people to know 42.56.030. Free and open examination of public records serves the public interest, even though such examination causes inconvenience or embarrassment to public officials or others 42.56.550(3). The public has a right to know who their public employees are and when those employees are not performing their duties. Predisik v. Spokane School District No. 81, 182 Wn.2d 896, 908, 346 P.3d 737 (2015). Because of the broad mandate behind the Public Records Act, the act's disclosure provisions must be construed liberally and exemptions construed 2/16/25, 11:51 Doe v. Wash. State Cmty. Coll. Dist. 17, No. 36030-0 | Casetext Search + Citator 5/10 narrowly. West v. Port of Olympia, 183 Wn.App. 306, 311, 333 P.3d 488 (2014). Disclosure is limited only by the precise, specific, and limited exemptions that the act provides. Lyft, Inc. v. City of Seattle, 190 Wn.2d 769, 778, 418 P.3d 102 (2018). The party seeking to avoid disclosure bears the burden of proving an exemption applies. Ameriquest Mortgage Co. v. Office of Attorney General, 177 Wn.2d 467, 486-87, 300 P.3d 799 (2013). This allocation of the burden of proof looms important in this appeal. In addition to seeking redaction of their names from the community college records, the Jane Does seek the obscuration of their respective titles, positions held, and, in some instances, the departments in which one or more works. They refer to the information collectively as \"identifiers.\" Jane Does Nos. 1-10 rely on 42.56.230(3) for redaction. The statute declares, in relevant part: The following personal information is exempt from public inspection and copying under this chapter: (3) Personal information in files maintained for employees . . . of any public agency to the extent that disclosure would violate their right to privacy. We refer to the exemption as the \"personal information exception.\" We parse 42.56.230(3) to extract three discrete elements: (1) the records contain personal information, (2) the information lies in a file maintained for employees, and (3) disclosure of the personal information would violate one's right to privacy. The Spokesman-Review contends that the redacted information does not fulfill any of the three elements. We conclude that the information sought to be protected does not constitute information found in a file maintained for employees. Therefore, we do not address whether the information constitutes \"personal information\" or whether disclosure would violate the Jane Does' right to privacy. The Public Records Act does not define \"personal information.\" In Cowles Publishing Co. v. State Patrol, 44 Wn.App. 882, 890-91, 724 P.2d 379 (1986), rev'd on other grounds, 109 Wn.2d 712, 748 P.2d 597 (1988) (quoting Turner v. Reed, 22 Or.App. 177, 538 P.2d 373 (1975)), this court borrowed an Oregon 2/16/25, 11:51 Doe v. Wash. State Cmty. Coll. Dist. 17, No. 36030-0 | Casetext Search + Citator 6/10 court's definition for \"personal information\" as \"'normally not [to] be shared with strangers.'\" Our state high court later more broadly defined the term as \"'information relating to or affecting a particular individual, information associated with private concerns, or information that is not public or general.'\" Bainbridge Island Police Guild v. City of Puyallup, 172 Wn.2d 398, 412, 259 P.3d 190 (2011) (quoting Bellevue John Does 1-11 v. Bellevue School District #405, 164 Wn.2d 199, 211, 189 P.3d 139 (2008)). The Bellevue John Does definition overlaps in part our court's definition in Cowles Publishing, but significantly broadens the definition by including identifying information regardless of whether a reasonable person would seek to keep the data private. We avoid a determination of whether the Spokesman Review's request seeks personal information. Regardless of whether the opponent of disclosure seeks to shield personal information, the information must be contained within files that are maintained for employees 42.56.230(3). In Cowles Publishing Co. v. State Patrol, 44 Wn.App. 882 (1986), the Spokesman-Review sought release of Spokane Police Department internal affairs investigation reports. The police department expressed willingness to release the records but only after redacting the names of officers. The department asserted that any file relating to a particular officer is \"maintained\" for that officer within the meaning of 42.56.230(3). We deemed the contention overbroad and ordered release of the officers' names. \"That provision was intended to shield only that highly personal information often contained in employment and other personnel files.\" Cowles Publishing Co. v. State Patrol, 44 Wn.App. at 891 (emphasis added). We listed examples of such information as an employee's union dues, charitable contributions, deferred compensation, medical records, disabilities, employment performance evaluations, reasons for leaving employment, and sensitive records relating to health or family information necessary for calculating health plans, job benefits, and taxes. The Supreme Court reversed this court in Cowles Publishing Co. v. State Patrol, 109 Wn.2d 712 (1988), but on a different ground. The high court agreed that the personal information exemption did not shield disclosure of the names, but that former 42.17.310(1)(b) recodified now as 42.56.210, which covers investigation records of law enforcement agencies, 2/16/25, 11:51 Doe v. Wash. State Cmty. Coll. Dist. 17, No. 36030-0 | Casetext Search + Citator 7/10 safeguarded release of the names. We thus consider our discussion of information found in files maintained for employees to remain good law. Tacoma Public Library v. Woessner, 90 Wn.App. 205, 951 P.2d 357, 972 P.2d 932 (1998) (as modified on remand) also addressed the statutory phrase \"files maintained for employees.\" Carolyn Woessner sought disclosure, from the library, of information on employees' rates of pay, amounts of vacation and leaves hours, benefits, and employer contributions to employee pensions. Woessner argued that the library did not maintain the files for employees because the city of Tacoma prepared the reports and the library did not include the reports in an employee's personnel file. This court deemed Woessner's reading of the exemption too narrow. This court reasoned that the statute does not specify that the exempted information actually come from an employee's individual personnel file. The court directed the focus to be on whether the requested file contains personal information normally maintained for the benefit of employees rather than the location where the agency stores the information. The Jane Does principally rely on Bainbridge Island Police Guild v. City of Puyallup, 172 Wn.2d 398 (2011 police officer and his union brought action seeking to enjoin disclosure of a criminal investigation report and internal investigation report from a police department in regards to allegations of sexual assault against a police officer. The Supreme Court ruled that the department must produce the report, but could excise the officer's name. The court held that the name of the officer constituted personal information since the allegations of misconduct were never substantiated. The high court never addressed whether the records were the type of records found in a file maintained for the benefit of an employee. We question the validity of Bainbridge Island Police Guild v. City of Puyallup after the Supreme Court's recent decision in Predisik v. Spokane School District No. 81, 182 Wn.2d 896 (2015). Nevertheless, we find Bainbridge Island to be inapplicable because the allegations of sexual misconduct were never substantiated. According to the Jane Does, Spokane Falls Community College substantiated the complaints against Darren Pitcher. We also emphasize that the Bainbridge Island court never addressed 2/16/25, 11:51 Doe v. Wash. State Cmty. Coll. Dist. 17, No. 36030-0 | Casetext Search + Citator 8/10 42.56.230(3)'s discrete element of the information arising from a file maintained for employees. The Jane Does carry the burden of establishing an exemption shields the identifying information sought to be redacted. Despite arguing to the contrary, the Jane Does present no evidence that Spokane Falls Community College kept the subject records in any personnel file. The Jane Does present no facts that the records were similar in nature to records maintained for the benefit of an employee. During oral argument, counsel for the Jane Does characterized his clients as courageous women who spoke against abuse from a powerful man. We agree. We applaud the Jane Does as important whistleblowers. Their courage expands in light of the state's policy of demanding disclosure of the women's names in response to a Public Records Act request We reverse the superior court's order permitting redaction of personal identifiers. We remand for the superior court to order release, without excision, of the requested records majority of the panel has determined this opinion will not be printed in the Washington Appellate Reports, but it will be filed for public record pursuant to 2.06.040 CONCUR: Lawrence-Berrey, C.J., Pennell, J. About us Jobs News Twitter Facebook 2/16/25, 11:51 Doe v. Wash. State Cmty. Coll. Dist. 17, No. 36030-0 | Casetext Search + Citator 9/10 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. 2/16/25, 11:51 Doe v. Wash. State Cmty. Coll. Dist. 17, No. 36030-0 | Casetext Search + Citator 10/10", "7574_105.pdf": "judge signed an order Friday permanently barring the Community Colleges of Spokane from releasing unredacted records of the sexual harassment investigation that led Darren Pitcher to resign as acting president of Spokane Falls Community College. Specifically, Spokane County Superior Court Judge Annette Plese barred the college system from disclosing the names of Pitcher\u2019s accusers. In response to requests by The Spokesman- Review and the Inlander released nearly 1,500 pages of records related to the investigation on Monday, but the names of alleged victims and witnesses, and other identifying details, were redacted. By signing the order, Plese sided with attorney Nicholas Kovarik, who represented 11 women involved in the investigation, including the one who filed the formal complaint in January. Those women are referred to in court records as Jane Does Nos. 1 through 11. For the past two weeks, Kovarik has argued that disclosing his clients\u2019 names would humiliate them and create \u201ca massive chilling effect\u201d that would prevent college employees from reporting future instances of sexual harassment. The Spokesman-Review generally does not publish the names of alleged victims or witnesses of sexual assault or sexual harassment without their permission, although such information can aid in the newsgathering process. Lawyers for The Spokesman-Review and argued for the release of unredacted records, citing the Washington Public Records Act, the First Amendment and the role of news Judge permanently blocks release of unredacted records on SFCC\u2019s Darren Pitcher Published 12:40 CST, March 31, 2018 Daytona 500 \u2018Saturday Night Live\u2019 Congo Shakira Severe weather 2/16/25, 11:51 Judge permanently blocks release of unredacted records on SFCC\u2019s Darren Pitcher News 1/4 organizations in holding public institutions, like CCS, to account. The newspaper and the station share no business affiliation. \u201cThere\u2019s many public policy reasons why disclosure of the names is necessary for the people of the state to hold this college accountable,\u201d Casey Bruner, an attorney representing The Spokesman-Review, said Friday before Plese announced her decision. Bruner said that \u201cfree and open examination of public records is in the public interest even though such examination may cause inconvenience or embarrassment to public officials or others.\u201d Bruner primarily argued that victims and witnesses should be separated into two categories. While in some similar cases it may be appropriate to withhold a victim\u2019s name, he said, witness statements do not meet the Public Records Act definition of \u201cprivate\u201d employee information. \u201cThey themselves didn\u2019t participate in any conduct,\u201d Bruner said. \u201cThey reported what they saw in a public space that related to other people.\u201d Bruner also said the allegations against Pitcher don\u2019t rise to a certain legal definition of \u201chighly offensive\u201d and thus are subject to full public disclosure. And he pointed to the Washington Supreme Court\u2019s 2013 ruling in Sargent v. Seattle Police Department, which states general contention of chilling future witnesses is not enough to exempt disclosure.\u201d While most of the alleged victims and witnesses in the Pitcher case appear to work in high-level administration posts, the redacted records mask their precise roles, the departments they oversee and where they fall in the chain of command. The redactions, Bruner said, \u201cmake it impossible to determine the nature and extent to which the misconduct has affected the college and the students.\u201d He also pointed out that several unnamed witnesses questioned the credibility of Jane Doe No. 1, who filed the formal complaint. The redacted records repeatedly state that she was concerned about her job security. The records also describe wrongdoing that\u2019s not directly related to the sexual harassment allegations, without naming everyone involved. \u201cThere is also evidence of multiple staff members \u2013 including some of the Jane Does \u2013 violating Washington law by deleting public records, including their instant messages,\u201d Bruner said. Meanwhile, Kovarik, the Jane Does\u2019 attorney, cited the state Supreme Court\u2019s 2011 ruling in Bainbridge Island Police Guild v. City of Puyallup, which prevented the disclosure of \u201cunsubstantiated\u201d sexual assault allegations against a police officer. 2/16/25, 11:51 Judge permanently blocks release of unredacted records on SFCC\u2019s Darren Pitcher News 2/4 \u201cHe was an individual who was accused of committing sexual misconduct within the course and scope of his work,\u201d Kovarik said. \u201cIf someone who is accused of sexual misconduct is afforded the protection under (the law), surely the victims and the witnesses should be afforded the same protection.\u201d Bruner argued that the Pitcher case is different, and the precedent set in the Bainbridge Island case should not apply. Based on the redacted records, he said, the allegations against Pitcher can hardly be called \u201cunsubstantiated.\u201d Pitcher, who has repeatedly denied most of the allegations, did not respond to a message seeking comment Friday. Plese ultimately said the allegations against Pitcher are indeed \u201chighly offensive,\u201d and that \u201cthere is no public interest\u201d in disclosing the names of his accusers. In a phone call, Toby Nixon, the president of the Washington Coalition for Open Government, said he didn\u2019t believe the ruling follows the relevant statute or case law think that the judge made an error,\u201d Nixon said 2/16/25, 11:51 Judge permanently blocks release of unredacted records on SFCC\u2019s Darren Pitcher News 3/4 Trump administration wants the Supreme Court to let the firing of whistleblower agency head proceed Justice Department\u2019s independence is threatened as Trump\u2019s team asserts power over cases and staff Trump moves with dizzying speed on his to-do list. But there are warning signs in his first month humpback whale briefly swallows kayaker in Chilean Patagonia \u2014 and it\u2019s all captured on camera New York police find body of missing man they say was tortured for more than a month by 5 people 1 2 3 4 5 2/16/25, 11:51 Judge permanently blocks release of unredacted records on SFCC\u2019s Darren Pitcher News 4/4", "7574_106.pdf": "News \u00bb Local News April 05, 2018 y the time Darren Pitcher was named acting president of Spokane Falls Community College last year, his reputation was well-established among many women who worked around him. Pitcher, who started as SFCC's vice president of student services in 2012, was a \"ladies man\" to some, always complimenting women on their looks as word of alleged affairs circulated through the office, according to investigative reports on Pitcher's behavior. He Rumors of Darren Pitcher's inappropriate relationships swirled for years at SFCC. He was named acting president anyway By Wilson Criscione photo was seen as a \"predator\" to others, focusing sexual advances on vulnerable women, the records state. The rumors in 2015 reached President Janet Gullickson, who was told then that Pitcher was having an affair with a subordinate. More hints of his alleged behavior were relayed in 2016 to human resources, which was alerted that multiple women alleged sexual harassment from Pitcher. Whispers spread among faculty members in 2017, who questioned whether a promotion in the college's administration was related to an alleged affair involving Pitcher, says Carla Naccarato-Sinclair, faculty president of Community Colleges of Spokane (CCS). But no employee made what the college considered a formal complaint. Nobody fully investigated the rumors. And Pitcher's power and influence within the college grew cannot think of a better person to serve in this important role Chancellor Christine Johnson said in spring 2017 when she named Pitcher SFCC's acting president, based in part on Gullickson's favorable assessment of his performance is the governing district in charge of and Spokane Community College. It ate away at one woman who worked in student services under Pitcher, and who says Pitcher sexually harassed her, groped her, exposed himself to her and coerced her into having sex before he went on to victimize multiple other women watched him get the president's job, and I'm like, 'This is not right,'\" says the woman, speaking to the Inlander on the condition of anonymity. \"This is not right at all.\" It took her and five other women to anonymously sign on to a complaint, which an attorney then sent to officials, before the college district formally began looking into the allegations against Pitcher. Pitcher, who denies most allegations, abruptly resigned just over a month into a formal investigation. (Efforts to reach him for comment were unsuccessful.) In the fallout of his resignation, however and officials face questions regarding why the rumors about Pitcher went without an investigation for years, and how a public college can protect women wanting to report workplace harassment from public embarrassment POWER' The earliest allegation of Pitcher \"crossing the line\" with the woman speaking with the Inlander occurred in 2013. While attending a conference, Pitcher texted the woman that he was looking at her \"nice butt,\" she recalls. She deleted and ignored the text, she says, but according to investigative reports gathered by CCS, it's similar to the kind of text Pitcher would later send other employees in the same student services department. Over ensuing months and years, she says, the behavior progressed. The woman, referred to as \"Jane Doe 1\" in records, says he put his hand on her breast in February 2014 after she became emotional discussing a student suicide. She says she saw him at conferences massaging one employee's shoulders, and joking about sleeping with another woman, who soon after transferred from Spokane Community College to for a promotion. She says he grabbed her and exposed his penis to her in October 2014 right after discussing an administrator at another college who was accused of rape. And then, weeks later while traveling for a sexual assault prevention conference in Seattle, she says they had sex twice. Though it was consensual, she says she felt like she had to do it for her job. Pitcher, according to her complaint, mentioned not long before that he had thought of firing her. Darren Pitcher denies allegations of sexual harrassment, records show. \"He was in a position of power,\" she tells the Inlander. Cynthia Vigil, the woman's direct supervisor at the time and currently the interim dean of Student Support Services, told the investigator that she was confused why Pitcher went outside the \"chain of command\" and invited the woman to the conference in the first place. The woman told one co-worker what happened at the conference but didn't report it, she tells the Inlander. After the conference, the woman says Pitcher turned his attention elsewhere \u2014 specifically, toward the woman who had just transferred from for the promotion. Records of instant messages between Pitcher and that woman, identified by records as \"Jane Doe 9,\" give a peek into their relationship: Pitcher called her \"sweet cheeks,\" commented on her breast implants and asked if she needed \"anything rubbed.\" Both deny any physical relationship. Meanwhile, in 2015, Gullickson was provided with cell phone records showing the frequency of texts between Pitcher and another colleague. The records show the two texted each other nearly 4,000 times in the course of just over a month, up to 559 times in a day. They denied any sexual relationship. Gullickson says she \"did verbally reprimand both of them\" in 2015, but they continued to communicate frequently, witnesses say in records. Gullickson declined to comment for this article. Naccarato-Sinclair, the faculty president, says when the faculty found out the woman was promoted and asked Gullickson about it last spring, Gullickson told them she had taken care of any concerns raised by the relationship, though no formal investigation ever occurred. Gullickson shredded documents related to the matter when she left last year to take a job in Virginia investigative records show, though her assistant kept a file of the cell phone records. Meanwhile, another woman hired to work closely with Pitcher in 2016, identified in records as \"Jane Doe 2,\" began keeping a log of his behaviors. In his role, Pitcher also served as the Title coordinator, meaning he handled student sexual harassment, discrimination and sexual assault cases, and he brought Jane Doe 2 into his office to discuss one case. She noted that \"the question of consent was the crux of the issue\" and that she felt like \"he was really enjoying discussing sexually explicit details with me.\" She changed her routine so she would never have to be alone with him. She timed her trips to the bathroom to avoid him looking at her, investigative records state. Jane Doe 1, the woman speaking with the Inlander who says she was harassed starting in 2013, finally revealed to other co-workers in summer 2016 what allegedly happened. She says she wanted to warn them about Pitcher's behavior. One of the co-workers, Jane Doe 8, notified HR, naming the woman specifically and saying she \"lives in fear of her job.\" Greg Stevens chief administration officer and the person who led the investigation into Pitcher starting this January, says someone in followed up with the co-worker. No investigation was launched. Stevens says he \"does not recall\" anyone giving that information to Gullickson. Then in December 2017, the woman and five female colleagues wrote an anonymous letter detailing allegations against Pitcher. Still, Stevens says, the college couldn't investigate because of a policy of not investigating anonymous complaints. In January, an investigation was finally triggered when the women hired an attorney, Nick Kovarik, to put his name on the letter. No longer an anonymous complaint, an investigation was launched, though Pitcher continued in his job before he resigned at the end of February. The investigation, finished in March, found that Pitcher violated policies on relationships with co-workers and acceptable use of state resources. But with no physical evidence to support the allegations made by the women who accused Pitcher of sexual harassment or sexual misconduct, Stevens concluded Jane Doe 1's claims could not be substantiated. It's why the woman says she didn't report what happened immediately after the incidents in 2013 and 2014 in the first place knew they wouldn't believe me,\" she tells the Inlander. She says she eventually reported her experience because of the #MeToo movement and because she saw how other women around her were similarly being affected by Pitcher's behavior. \"The district knew the whole time and didn't do a damn thing, and then they blamed the victim,\" she says Johnson, the chancellor who oversees both and SCC, says she didn't hear about any allegations until December 2017. Gullickson, Johnson says, had autonomy as president of to make personnel decisions. The policy, at least as far back as two decades, has always been not to investigate anonymous complaints. When asked why the information containing women's names in 2015 and in 2016 did not trigger investigations even though it contained names, Stevens says it's because they were not \"complaints,\" but rather \"inquiries.\" When Johnson did see the anonymous complaint, however, she sent a letter to all employees reminding them of the policies and encouraging them to report. \"And we feel like that was successful,\" Johnson says, noting a formal complaint was filed a month later. Two witnesses of Pitcher's alleged harassment tell the Inlander they didn't speak out because they feared retaliation and public embarrassment. \"We don't want what happened to us or to our friends to be publicized. And the reason people wait for years and years and years is because it's so stressful and it's so devastating,\" one witness tells the Inlander. Johnson says it can be difficult to strike a balance between encouraging victims of harassment to report and protecting them from public embarrassment. \"We want to make sure the complainants are free to come forward and not afraid or intimidated or shamed by the public,\" Johnson says. The women hired an attorney, Kovarik, who filed an injunction request that a Spokane judge granted last week barring the names and identifiers of 10 of his clients from being disclosed to the Inlander, Spokesman-Review or KXLY. He argued, and Judge Annette Plese agreed, that it would create a \"chilling effect\" for other victims who want to speak out. (Typically, none of the media outlets name victims of sexual harassment or sexual assault without permission.) But it's unusual for such information to be blocked from the public. The day the news broke that Pitcher resigned from the college, for instance, the Inlander received records regarding a separate situation regarding alleged sexual harassment against a employee in 2016 \u2014 with names included. The alleged victims in Pitcher's case still say they fear retaliation and public shame for speaking out. Jane Doe 2, the woman who kept a log of Pitcher's behavior, wrote that a \"culture of fear\" was developed at SFCC, and she hopes it can be repaired. \"Imagine an where women could focus on our jobs rather than trying to keep one another safe from harassment,\" she wrote. \"We demand better.\" \u2666 Tags After a deluge of Spokane women call out alleged rapists and sexual abusers on social media, what comes next? The original print version of this article was headlined \"'Culture of Fear'\" News By Samantha Wohlfeil and Nathan Weinbender Aug 13, 2020 Annual show gives Spokane high school art students real-world curating experience Greater Spokane Inc. hosts first-of- its-kind regional K- 12 public education summit to discuss issues facing local school districts rebrands as \"the region's polytechnic\" amid its multiyear effort to cut or modify academic programs and university services 2024: School districts across the Inland Northwest ask voters to approve funding for faculty, extracurriculars and construction Spokane's Community Court handles most nonviolent offenses downtown. While arrests increase, founders say improving quality of life is \"not an easy fix.\" Annual show gives Spokane high school art students real-world curating experience Spokane Valley City Council votes to sue Merkel over public records, if needed Q&A: Jon Snyder, a City Council member turned Olympia policy adviser is back as Spokane\u2019s new transportation director By Colton Rasanen Feb 13, 2025 By Colton Rasanen Jan 30, 2025 By Colton Rasanen Nov 28, 2024 By Colton Rasanen Oct 24, 2024 By Eliza Billingham Feb 13, 2025 By Colton Rasanen Feb 13, 2025 By Victor Corral Martinez Feb 13, 2025 By Eliza Billingham Feb 13, 2025 LIKED\u2026 Spokane's mayor proposes using traffic camera ticket funds to pay for police It's not just humans \u2014 dogs in Spokane are also overdosing on drugs Captured by Love Selfie Museum @ Captured by Love Selfie Museum Sun., Feb. 16 Sunday, February 16 -All Categories- -All Neighborhoods By Nate Sanford Nov 9, 2023 By Nate Sanford Jul 4, 2024 Wilson Criscione \uf0e0 Wilson Criscione was a staff writer and editor at the Inlander from 2016- 2022 February 13-19, 2025 Green Zone Guide Gift Guide Holiday Guide Snowlander Sneak Peek Preview Entree Food Newsletter Weekend Countdown Enter Your Email Address \u00a9 2025 Inlander"} |
8,758 | Bryan Carson | Western Kentucky University – Bowling Green | [
"8758_101.pdf"
] | {"8758_101.pdf": "\uf0c9 Sunday, Feb. 16, 2025 Advertise Jobs Donate Subscribe Puzzles Events Calendar News Sports Life In Print Opinion Photos + Video Advertise About Work With Us! \uf002 \uf39e \uf16d \ue61b \ue07b \uf167 Academics Administration Campus Government Budget Coverage Facilities Election Alumni Local News Top Of The Week Podcast Police Public Records Special Sections \uf164 24 \uf39e \ue61b \uf0e0 \uf02f Blacked out: Redacted sexual misconduct files obscure nearly a decade of university Title actions Alexandra Hendricks Lily Burris and Debra Murray September 20, 2021 After a four-year legal battle and a Supreme Court decision in a similar case released nearly a decade\u2019s worth of sexual misconduct records this summer in response to a Herald open records request filed in 2016 and another earlier this year. Files from both responses, a total of 39 investigations, were released but heavily redacted. In 27 cases, covering allegations of sexual misconduct lodged against faculty or other employees from 2011 through 2020, the university concluded that the incidents did not violate WKU\u2019s Title policy. Those claims involved both students and employees and ranged from possible homophobic job denial to what the person 1 2 3 4 5 Trending Stories not seeking to assist deportations \u2022 3291 Views Sigma Nu temporarily suspended from all activities \u2022 3202 Views Hilltopper guard Jack Edelen arrested for \u2022 1322 Views Department of Psychology co- chair dies \u2022 1217 Views Kentucky gun owners bear arms at Cave City gun show \u2022 829 Views Top Of The Week Podcast Recent Stories \uf164 24 \uf39e \ue61b \uf0e0 \uf02f felt was excessive touching. Advertisement found, in nine cases, enough evidence that resulted in the resignation or retirement of faculty or staff members, effectively ending the investigation before a formal conclusion. This included a case of a male staff member threatening to place holds on a female student\u2019s TopNet account, blocking her from registering for classes, in exchange for going on dates. In three cases, enough evidence was found to fire or discontinue the employees. Michael Abate, the Herald\u2019s attorney at the Kaplan Johnson Abate & Bird law firm in Louisville, contends that the records released were \u201cseriously over- redacted.\u201d Abate said the Herald is in the process of disputing those redactions and may ask the courts to resolve the dispute. In the original Nov. 1, 2016, open records request, the Herald asked for all investigative records for all Title investigations into all sexual misconduct allegations against employees in the last five years. This request was mirrored in spring 2021 when began to fulfill the original request initially rejected the 2016 request by citing the Family Educational Rights and Privacy Act. The Herald appealed the decision to Kentucky\u2019s attorney general, Emotional Support Animals make pawsitive impact for Hilltoppers February 16, 2025 Board of Regents approve new academic programs, contract extension for Helton February 16, 2025 Softball goes 5-0 at Cardinal Clash February 16, 2025 Indivisible holds anti-Trump protest outside Guthrie office February 16, 2025 Photos: Hilltoppers sweep double header February 16, 2025 \uf164 24 \uf39e \ue61b \uf0e0 \uf02f who oversees public access laws. The then Attorney General, now Governor Andy Beshear ruled was in violation of the Kentucky Open Records Act and ordered to turn over the documents. Instead sued the Herald in Warren County Circuit Court in February 2017 in a case that still has not been resolved 4 1\u20442 years later. In a similar case where the University of Kentucky refused to turn over sexual misconduct records to the Kentucky Kernel, the university student newspaper, the state Supreme Court in March ruled in favor of the publication. The court opinion said could not use as an \u201cinvisibility cloak\u201d to hide all documents involved or associated with students. The federal law does indicate should be used to protect students\u2019 educational records. Abate said \u201ca requester is entitled to everything in the file not specifically exempt\u201d and cannot use to redact information about employees. The university is required to provide an index of reasons for their redactions. While did provide an index, Abate disputes whether many of the redactions were permissible under the Open Records Act. After the decision decided to begin turning over the 2011- 2016 records to the Herald, releasing redacted records over the next few months. In turn, the Herald made an identical request for records of such cases from 2016-2021. With the redactions, Abate said things appear to be missing from the files. The biggest one is the names of faculty and staff accused of wrong- doing, even if the claim is not found to be a violation of university policy. Abate said there is controlling case law that entitles the public to the names and handlings of the accusations. \u201cIn many instances, the university also redacted key substantive details of the allegations that make it difficult \uf164 24 \uf39e \ue61b \uf0e0 \uf02f to know what actually happened,\u201d Abate said. \u201cSeveral files appear to be missing documentation contained in almost all other files. And in some places the redactions are not clearly explained, so it\u2019s impossible to know exactly what has been withheld.\u201d In a document outlining its reasons for redactions said it was following the ruling of the Supreme Court, federal privacy regulations and, on cases where no violations were found, a 2020 attorney general\u2019s opinion. Advertisement For the public to have confidence in the safety of the campus community, Abate said, they must know these allegations are being handled seriously and appropriately. \u201cPublic universities simply cannot be permitted to sweep serious allegations under the rug or quietly push policy violators out the door to other institutions where they might offend again,\u201d Abate said. \u201cUnfortunately, the facts that have come to light from the Herald\u2019s reporting show that pattern of behavior is all too common among universities.\u201d \uf164 24 \uf39e \ue61b \uf0e0 \uf02f In The Dark: Records shed light on sexual misconduct at Kentucky universities Alexandra Hendricks \u2018In the dark\u2019 On May 4, 2017, the Herald published \u201cIn the Dark,\u201d an in-depth report in which former Herald staffer Nicole Ares reported on more than 1,200 pages of records obtained through public records requests to all eight public Kentucky universities. Six of the eight universities provided records at the time, with only and Kentucky State University denying the request. Ares\u2019 story detailed violations at Northern Kentucky University, Eastern Kentucky University and Murray State University. At the time Andrea Anderson, who was then Title coordinator and now WKU\u2019s general counsel, told Ares that had six investigations that resulted in violations of the university\u2019s misconduct policy. Alexandra Hendricks Title policy Deborah Wilkins, WKU\u2019s Title coordinator who at the time of the Herald\u2019s 2016 request was general counsel, said Title discrimination includes sexual harassment and assault domestic violence and stalking Wilkins said \uf164 24 \uf39e \ue61b \uf0e0 \uf02f and assault, domestic violence and stalking. Wilkins said this policy is not a complaint process, but is more of a services process. When WKU\u2019s Title office talks about an investigation, Wilkins said, investigators try to use neutral language. The person who filed the report is referred to as the complainant. The person accused in the report is called the respondent. \u201cWhen we get a report, the first thing we do, whether it\u2019s an employee or a student, is [ask] what can we do to assist this person?\u201d Wilkins said. \u201cWhat services can we do to help them get on track? Get comfortable? Respond to their needs?\u201d These services are about bringing back the sense of safety and security the complainant had before, Wilkins said. This might include changing a student\u2019s residence hall, prohibiting someone from entering a residence hall or getting the student from a class. The majority of reports the Title office receives come from a student about another student. These reports then involve employees in the Office of Student Conduct such as Michael Crowe director or Melanie Evans What is Title IX? Title of the Education Amendments Act of 1972 is a federal law that states: \u201cNo person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.\u201d In effect, it protects anyone involved in an education institution that receives federal funding from any kind of discrimination or harassment based on the person\u2019s sex. \uf164 24 \uf39e \ue61b \uf0e0 \uf02f such as Michael Crowe, director, or Melanie Evans, coordinator. Other reports to the Title office involve employees, like the ones the Herald requested. The cases are handled by the Office of Equal Employment Opportunity/Affirmative Action/University Services, where Joshua Hayes is director, Title deputy/investigator and university coordinator. Hayes declined to be interviewed. After a complainant files a report and immediate services have been administered, Wilkins said, she is obligated under law to ask the person if they want to file a complaint and have their case formally investigated. Wilkins said they treat each report like it\u2019s going to be a complaint, but it\u2019s not their top priority. \u201cMy priority is to help them first,\u201d Wilkins said. Advertisement Once a report is made to the Title office against an employee, Wilkins reaches out to the complainant to speak with them about the issue. Whether or not the complainant responds, Wilkins and Hayes begin an investigation into the complaint if it\u2019s about an employee, a new step as of August 2020. When Wilkins speaks with a complainant, she asks them if there were any witnesses they want the office to reach out to which they will have the opportunity to add later \uf164 24 \uf39e \ue61b \uf0e0 \uf02f out to, which they will have the opportunity to add later. The complainant will be asked if they want an adviser to help them through the process. After the complainant has spoken with the Title office, Wilkins will offer them a copy of the transcript of their conversation to review and edit before officially adding it to the file. Simultaneously, Wilkins and Hayes then reach out to the director of the area of the university where the respondent worked, assuming the complaint is not against the director, and inform them that a complaint has been filed against one of their employees. They ask the director to make sure the parties are not in close contact or sharing responsibilities. Next, they interview the respond- ent against whom the report was filed to hear their version of events. They too are offered an adviser and asked for their list of witnesses. The respondent may say the opposite of what the student says and they are also allowed to review their statement. If there are videos, messages or emails that can be provided as evidence to the case, Wilkins said she and Hayes would also review those as a part of this process. Hayes and Wilkins then start talking to witnesses and having them review their statements for the investigation. This can take varying lengths of time, depending on the size of the department, how many witnesses there are and how fast they respond. Once the file is completed, it is shared with the complainant and respondent. They may have nothing to add to it. \u201cThen Josh and will determine, do we think there\u2019s a likelihood the policy has been violated?\u201d Wilkins said. \u201cIs there enough here to have a hearing?\u201d Another change since August 2020 is that if there is an employee involved in a complaint, there will be a hearing with an outside officer from the state Council on Postsecondary Education unless the allegation turns out to be entirely itho t fo ndation Wilkins said an e ample o ld be if \uf164 24 \uf39e \ue61b \uf0e0 \uf02f without foundation. Wilkins said an example would be if there was an allegation of an incident that happened on campus and the accused employee was proven to be in California at the time. During this process, an employee respondent can decide to resign or retire. If they do, then the investigation stops and that will be noted in the record. Wilkins said this stops with retirement or resignation because the university essentially loses jurisdiction. If the hearing officer decides the respondent has violated Title policy, the office issues a notice. Then the respondent\u2019s department head and the vice president of the division where the respondent works have 10 days to decide how they\u2019re going to address it and inform WKU\u2019s Title office, another new step as of August 2020 requires any employee who hears of sexual misconduct to report it to the Title office, even if it doesn\u2019t involve them or their work, but does not expect the person making such a report to verify that the incident actually occurred. \u201cBasically, what I\u2019m hammering on them is you don\u2019t have to investigate, you don\u2019t have to determine if it\u2019s true,\u201d Wilkins said. \u201cJust call us and we\u2019ll determine if it\u2019s true and you can go on your way.\u201d Who can file a Title report? Anyone, not just the victim, can file a report of a sexual misconduct incident involving students or employees at WKU. Under WKU\u2019s Title policy, all employees are \u201cmandatory reporters,\u201d meaning that they are obligated to inform the Title office if they hear of anything that could be considered sexual misconduct involving other employees or students. \uf164 24 \uf39e \ue61b \uf0e0 \uf02f Alexandra Hendricks Title changes On Aug. 14, 2020, new federal Title regulations took effect. \u201cIn my mind, the biggest change was the fact that if it involves an employee, there is a hearing,\u201d Wilkins said. This means that with every Title report that comes in involving an employee, the office has to do a full investigation. \u201cIf there\u2019s evidence to show that it\u2019s more likely than not that a violation occurred, we will have a hearing,\u201d Wilkins said. Reports that only involve students can end or be resolved without a hearing. For each report involving an employee, the hearing officer for the case is a neutral person from the state Council on Postsecondary Education. This hearing officer will hear from the complainant, respondent, any witness and the investigators before deciding if the policy or policies in question were violated. Before August 2020, those matters were handled within the university. After the hearing officer makes a decision, the complainant or the respondent can appeal it and then a new hearing officer will make a new decision. However, no one else can appeal the decision. The respondent\u2019s supervisor is not allowed to disagree and ignore it. Wilkins said has not, as of yet, had an occasion that would need a hearing officer from the CPE. \uf164 24 \uf39e \ue61b \uf0e0 \uf02f Advertisement \u201cThe other thing that was part of the changes in federal law was that if you\u2019re an employee and you have an investigation pending against you, you can\u2019t resign or retire,\u201d Wilkins said. \u201cNo one can prevent an individual from quitting a job, but the new regulations require us to note on that employee\u2019s permanent records, employment records that they resigned or retired under an investigation.\u201d Before, there was no requirement for a former employer to disclose if the person under consideration for a job had left their previous position under a Title investigation. Potential new employers only knew of that if they asked. It is now required to disclose if someone left under investigation in a job recommendation. Wilkins said the people hiring the respondent do have to reach out to the university and ask about them, and if they do, their former supervisor must tell them about the investigation. If a student leaves under an investigation, that is also noted on their permanent record. Wilkins said if a student or an employee leaves the university loses jurisdiction over the process. \u201cWe can\u2019t force people who are no longer associated with us to come back and go through the processes,\u201d Wilkins said th fil th ld i d th h \uf164 24 \uf39e \ue61b \uf0e0 \uf02f From the case files the Herald received through open records requests, several of the cases appear to have ended because the employee left the university. Amid the Title policy changes, there is also now a requirement for the supervisors of the employee who is found to violate the policy to report back to the Title office in writing their decision on what to do within 10 days. \u201cWhen you\u2019re forced to look at objective decision making and make your own decision and sign your name to it, it makes it a little harder to excuse bad behavior,\u201d Wilkins said. The decision about consequences for the respondent goes to the super- visor and the vice president of their division because they are responsible for the people who report to them. Wilkins said they should be a part of this process. \u201cIt holds them accountable in two ways \u2014 one, accountable to address the bad behavior that\u2019s already happened, and it also makes them aware that they\u2019re also going to be held accountable for future bad behavior,\u201d Wilkins said. She said that in the past, supervisors have asked Title what they thought about the situation and asked for advice. At the level, Wilkins said some minor change to the Title policy should be going to the president\u2019s cabinet this week. This includes adding prevention of discrimination. Alexandra Hendricks 39 Files the \uf164 24 \uf39e \ue61b \uf0e0 \uf02f 39 Files \u2013 the breakdown Out of 39 cases the Herald received, five files had male complainants, 31 files had female complainants, two files had complainants from two genders and one case file\u2019s complainant gender could not be determined. There were 36 case files with male respondents and 3 case files with female respondents. The records show that the university found violations of the Title policy in 12 of the 39 cases investigated did not redact the names of faculty or staff members who were found to have violated the policy in those instances. The files varied in size ranging from 15 pages to 293, totaling to 5,884 pages, varying based on the number of witnesses interviewed, evidence and who handled the case. \u201cThe only difference, and this is very innocent, is [that] you got two different people in charge,\u201d Wilkins said. \u201cJoshua Hayes is very detail oriented and he documents everything and keeps everything so that\u2019s why you\u2019ll see a whole lot more in his files.\u201d Before June 30, 2015, the Director of the Office of Equal Employment Opportunity and the Title coordinator was Huda Melky, who retired. The variance in the case files extends to how much is redacted. One example is in Case from the 2016 open records request, where words from WKU\u2019s own Discrimination and Harassment Policy from April 1, 2013, were redacted from the file the university turned over to the Herald. \u201cThis policy does not supersede or replace any grievance or complaint procedures contained in the [redacted] Handbook,\u201d the case file stated. \uf164 24 \uf39e \ue61b \uf0e0 \uf02f Advertisement There is another one word redaction in the \u201cMembers of the University Committee\u201d subsection and several one word redactions in the \u201cConsensual Relationship\u201d subsection. \u201cIt is impossible to understand why the university would redact part of a university policy that is otherwise publicly available,\u201d Abate said. \u201cThere is no good-faith basis for doing so.\u201d Alexandra Hendricks Cases to note Within the records the Herald received, most of the names of those faculty and staff investigated were redacted. However, 12 records where found violations occurred or likely occurred did include the employee names. One of the 39 cases, Case from the Herald\u2019s 2021 open records request, is a student employee vs. student employee Title and Title report and investigation. The events on this file revolve around two former student employees at the Herald during the 2019-20 year. \uf164 24 \uf39e \ue61b \uf0e0 \uf02f p y g y The files consist of emails and handwritten notes and do not have any formal memos stating whether or not the respondent violated any policies. Investigators recommended that the person accused complete two training sessions, and that person was not hired back at the Herald. The Herald is disclosing this information about this case to hold itself to the same standard as WKU. Alexandra Hendricks Cases with violations Kenneth Johnson Case Kenneth Johnson, former assistant director of student activities, was investigated for violating the sexual misconduct policy in 2014 after a student filed a complaint of sexual harassment. In the complaint, the student said on several occasions that Johnson threatened to place a hold on her TopNet account to prevent her from registering for classes if she did not stop by his office to visit him and have dinner with him. The student said she initially thought Johnson had the authority to place a hold on her account, but later found out that he could not do that. Before learning that, she agreed to have dinner with him had knots in my stomach. It bothered me how he used his position as a form of manipulation,\u201d the student stated in the report. Advertisement \uf164 24 \uf39e \ue61b \uf0e0 \uf02f The student said she had seen other students experience similar occurrences with Johnson. In the investigation interviewed 24 witnesses. Some denied experiencing or witnessing any form of harassment. Other witnesses mentioned trying to avoid Johnson, hearing rumors about him dating or having \u201cflings\u201d with female students, saying Johnson was \u201cclose\u201d with female students. One witness said, \u201cIt was a running joke that if you wanted to get ahead, you would sleep with Kenneth.\u201d Another witness said Johnson would take her to lunch and dinner, one-on-one, approximately three times per week. He would pick her up at her home, and would play \u201cromantic\u201d music. Johnson had purchased alcohol for both of them at dinners. Based on the findings of the investigation, Johnson violated WKU\u2019s Standards of Conduct policy and Discrimination and Harassment policy in addition to Title of the Educational Amendments of 1972. The file does not indicate if Johnson retired or resigned, but he is no longer employed at WKU. Other violations found Case B, from the 2016 request, involved Colleen Donovan, an academic readiness instructor, who found had violated the university\u2019s discrimination and \uf164 24 \uf39e \ue61b \uf0e0 \uf02f harassment policy, according to the investigation in May 2014 female student in her class filed a complaint because she notified Donovan that she would need to miss a few classes due to medical reasons. Donovan told her that she does not accept medical excuses, that no one could help her, and that according to her syllabus if a student is absent from three classes the student\u2019s grade drops to the next lower grade. Donovan was no longer employed at the university after May 2014. Case C, from the 2016 open records request, involved Timothy Mullin, former director of the Kentucky Museum and Library, who was investigated for violating the sexual misconduct policy and gender based discrimination after he made sexual comments towards others. The records include complaints that surfaced of him sexually harassing male students and belittling and berating the female employees he supervised. Mullin died in 2020. Case D, from the 2016 request, involved Steve Briggs, assistant director of Housing and Residence Life, who found had violated the university\u2019s sexual misconduct policy after an informal complaint filed by a female student on Nov. 12, 2014 university employee complained that Briggs rubbed her arm and poked her arm in the hallway, then approached her from behind and rested his hands on her hips. When she moved away, Briggs said, \u201cIt\u2019s just me.\u201d On Sep. 9, 2015, Briggs submitted a letter of resignation. Case E, from the 2021 open records request, involved Jim Hills, an events associate for WKU, who terminated on June 4, 2019, after the Title investigation regarding him concluded found that Hills would discuss inappropriate sexual matters with student workers. According to the document, Hills would compliment body parts, talk about women and stare in an uncomfortable way while setting up events with student workers, based on witness statements. Case F, from the 2021 request, involved Keith Clark, a senior academic advisor, who found had violated \uf164 24 \uf39e \ue61b \uf0e0 \uf02f the sexual misconduct policy in 2018 after a complaint was filed on March 18. Clark had been sending Facebook messages to a University of Louisville employee from March 13-17. He sent the employee a video of him \u201cspanking/paddling\u201d himself. He also sent her a photo of him bent over a stool, wearing an apron, spanking his bare bottom with a paddle. Clark resigned from the university. Case F, from the 2016 request, follows an investigation against Michael Kallstrom, a professor in the music department. On Sept. 3, 2015 began looking into a report from an- other faculty member who expressed concern about Kallstrom\u2019s interactions with a student. The student said she went with a friend to see Kallstrom, and while the friend turned to answer a phone call, Kallstrom put his hand on her thigh. The university found that Kallstrom violated the university policy. He retired shortly after. Case G, from the 2021 records request, investigated a complaint that was received on Jan. 31, 2018, about Bryan Carson, coordinator of research instruction, grants and assessment. The complaint was in response to recurring incidents after a complaint against Carson in 2011. Based on the record, Carson made female employees and students feel unsafe around him. On Feb. 28, 2018, Carson resigned and was listed as ineligible for rehire at WKU. He then went to work at Missouri Valley College. Case A, from the 2021 request, investigated Ron Mitchell, an associate professor at WKU. On Oct. 3, 2017, Lisa Schneider, assistant to Athletics Director Todd Stewart, called Joshua Hayes to tell him about an issue with Mitchell and a female student. According to the documents provided, Mitchell invited the student to his house for lunch. He picked her up from Diddle Arena, took her to a \u201cbig house,\u201d went to a restaurant and then went to a different house. At the second house, Mitchell massaged her legs, back and feet, and continuously told her to release. During the massage, he told her that her \uf164 24 \uf39e \ue61b \uf0e0 \uf02f g g clothes were dirty and that she needed to change into clothes he had for her. She said no. The student said no to the massage when he reached her upper thigh. She said Mitchell unfastened her bra, according to the documents, even though she said no. In an in-person conversation with Schneider and the student, Hayes asked how the student remained calm, she typed the answer on her phone felt sick. But was scared so could not say no.\u201d Mitchell resigned from the university on Oct. 18, 2017. Case C, from the 2021 request, investigated a complaint filed by an anonymous employee against Tim Boyer, access control locksmith, to the Title office in November 2020. On Nov. 17 at 10:10 am, there was an incident that was recorded by surveillance mentioned in the emails. \u201cWhile [redacted] was searching the key file storage, Tim rolled across the workshop floor in his office chair and positioned himself behind her while she was seated on the roller stool. The shop video shows Tim straddled within inches of her back and torso leaning over her shoulder. [Redact- ed] said she could feel his upper body/chest touching her back. The encounter lasted approximately one minute.\u201d In an email from Deborah Wilkins, she said there were three issues she thought were important to the case: there is video evidence regarding the complaint, Boyer is an \u201cat will\u201d employee so he can be terminated at any point, and Boyer had no meaningful excuse for his behavior in the video found that Boyer violated the sex and gender-based harassment, discrimination and retaliation policy. He was immediately terminated. Advertisement \uf164 24 \uf39e \ue61b \uf0e0 \uf02f Case D, from the 2021 request, dealt with Muhammad Sajjad, visiting assistant professor in physics and astronomy, who was \u201cdiscontinued\u201d and ineligible for rehire because a violation of policy was found. According to the records, the student told Hayes that she was standing by Sajjad\u2019s desk in the classroom behind the computer, and Sajjad was standing beside her, and his genitals were hitting her outer thigh. She clarified that Sajjad rubbed his genitals against her thigh in a side to side movement. Hayes asked how long Sajjad rubbed himself against her. She said Sajjad rubbed himself against her the entire time she was alphabetizing the exams, which took about five minutes. Case E, from the 2016 request, investigated a complaint that was filed against Brent Fisk, visual and performing arts library senior circulation assistant. According to the complaint, Fisk left his Pinterest ac-count open showing naked \u2014 \u201cspecifically topless\u201d \u2014 women on March 25, 2014. The incident was considered inappropriate use of technology. Co-workers said they felt uncomfortable around him since they were the same age and \u201ctype\u201d of women in the images Fisk had been looking at. From the documents provided, it is not clear whether Fisk resigned or was terminated from the university, but he did not continue to work at after 2015. Alexandra Hendricks Cases with no violations \uf164 24 \uf39e \ue61b \uf0e0 \uf02f The majority of the cases the Herald received were reports where no violation against university policies were determined. Cases and from the 2021 open records request had enough detail to be described thoroughly. Case On May 2, 2018, a student reached out to Peggy Crowe, director of the Counseling Center, about an email he had received from his Interdisciplinary Studies instructor that caused concern. The lead up to this email had been a conversation about planning a trip with the instructor and other students that the complainant would no longer be able to attend. Upon discovering the student could no longer attend the trip, the respondent sent an emotional response telling the complainant not to show up to the next class meeting he was supposed to attend as a peer mentor have a few days to deal with my loss and definitely do not want to fall apart in front of the class,\u201d the response from the employee in the file stated. From this interaction, the report and ensuing investigation revealed a long-time mentor-mentee relationship between the complainant and respondent. Instances involving heavily emotional conversations on the part of the respondent, multiple trips to conferences, a specific conversation involving bowties and Chippendale dancers and appearing in the complainant\u2019s personal life were discussed in the investigation. As the final email included in the file, the documents state that on Aug. 7, 2018, Hayes spoke to the respondent where he shared his findings and reminded him of three previously discussed points \u2014 encouraging the respondent to receive counseling, \u201cdiscouraging him from personal travel with students\u201d and having a separate room when traveling with students for work did not find a violation. \uf164 24 \uf39e \ue61b \uf0e0 \uf02f Case On Sept. 17, 2018, a student reported a theater professor teaching Acting for the Camera whose name was redacted. The professor told the student, while she was undressed for a scene, that she could receive an \u201ceasy A.\u201d Other students urged her to report what happened due to a similar incident that occurred prior. In an interview with Hayes, the professor denied ever making the comment. The student was cast in a script written in a screenwriting class that one witness described as \u201cborderline pornographic.\u201d The student emailed the professor stating she was un- comfortable, to which the professor responded that they needed to talk further and that his \u201chands were tied.\u201d The student told a dance instructor who encouraged her to report the incident and said it was \u201cunacceptable.\u201d During the investigation, 15 witnesses were interviewed. One witness said that removing clothing for the \u201cfake porn\u201d scene was optional. Several witnesses mentioned not having any concerns about the professor, one referred to him as a \u201cfather figure.\u201d Other witnesses mentioned not feeling comfortable around him result of the investigation was a two-week period for students to decide if they are comfortable with their assigned script being added to the course syllabus. The professor was told to refrain from joking with students unless they have a \u201cmutual cohesive relationship.\u201d No violation of Title was found during this investigation. The investigation ended on Dec. 13, 2018. Herald staffers Michael J. Collins, Anna Leachman, Megan Fisher, Jacob Latimer, Shane Stryker, Jake Moore and Leo Bertucci contributed to this story. \uf164 24 \uf39e \ue61b \uf0e0 \uf02f \u00a9 2025 College Heights Herald, 1906 College Heights Blvd. #11084 Bowling Green \u2022 Privacy Policy Pro WordPress Theme by \u2022 Log in Digital News Editor Debra Murray can be reached at debra.murray940@topper.wku.edu. Follow her on Twitter @debramurrayy Editor-in-Chief Lily Burris can be reached at lily.burris203@topper. wku.edu. Follow her on Twitter @lily_burris. \uf39e \uf16d \ue61b \ue07b\uf167 Enter Search Term News Sports Life Opinion About Work With Us! Advertise Contact Us WKUHerald.com 1906 College Heights Blvd. #11084 Bowling Green 42101 Phone: 270-745-2653 Email: herald.editor@wku.edu \uf164 24 \uf39e \ue61b \uf0e0 \uf02f"} |
7,407 | Hany Fam | LaGuardia Community College | [
"7407_101.pdf",
"7407_102.pdf",
"7407_103.pdf",
"7407_104.pdf"
] | {"7407_101.pdf": "just can\u2019t seem to keep pervy profs off the payroll. In a shocking Brooklyn federal court lawsuit, a female undergraduate claims her human-anatomy professor at LaGuardia Community College, Hany Fam, offered her good grades for sex. The case comes on the heels of bombshell allegations that professors at CUNY\u2019s John Jay College of Criminal Justice raped and tried to pimp out students and used and sold drugs on campus. The widening scandal, now being probed by the Manhattan D.A.\u2019s office and the state Inspector General, was first revealed last month by The Post. In the lawsuit, the 40-something student, going by the pseudonym Jane Doe, claims she asked Fam for a meeting in October 2017 to discuss grades. The prof, 60, insisted they meet at her apartment, court papers say. Professor offered me good grades to sleep with him: suit By Sara Dorn Published Oct. 13, 2018, 6:52 p.m LaGuardia Community College, Queens, NY. J.C. Rice News Metro Long Island Politics World News 2/16/25, 11:52 Professor offered me good grades to sleep with him: suit 1/4 \u201cFearing that she would offend her professor and perhaps jeopardize her grade in his class, [she] finally relented,\u201d the suit says. Fam arrived at her Brooklyn apartment and gave her a bottle of wine and a kiss on the cheek, court papers say. He sat on the couch and told her he was \u201clonely\u201d and had \u201cproblems in his marriage,\u201d the suit claims. He \u201cunbuttoned his shirt to reveal a scar and claimed to have a heart condition that left him with just a few years to live,\u201d the suit says. The student \u201cgot up and went to the kitchen, but Professor Fam followed her, leaned in to hug her, and told her to relax,\u201d court papers say. After pouring two glasses of wine \u2014 which the woman claims she refused to drink \u2014 Fam \u201csaid that he could make things much easier for her, and repeatedly asked if she would be his \u2018friend,\u2019\u201d court papers say. When the woman asked if \u201cfriend\u201d was code for \u201csex,\u201d he confirmed it was, according to the lawsuit. \u201cHe suggested they meet once a week and told [her] it wouldn\u2019t be \u2018that hard\u2019 for her because of his heart condition,\u201d court papers say. Taking his pitch one step further, Fam said other professors have similar arrangements with students, according to the lawsuit. When the student made \u201cunambiguous . . . expressions of disinterest,\u201d the prof \u201cbecame aggravated and told Plaintiff that she was too uptight,\u201d the lawsuit says. On his way out, Fam handed her \u201cwhat appeared to be questions and answers for the following day\u2019s scheduled quiz and told [her] to think about his offer.\u201d The woman did not return to Fam\u2019s class and reported him to the college\u2019s Title office, which handles sexual harassment complaints. The college concluded that Fam \u201coffered [her] a good grade \u2026 in exchange for sexual favors,\u201d according to the lawsuit LaGuardia spokeswoman told the Post the professors\u2019s last day in the classroom was the day the student\u2019s complaint was filed, Nov. 7, 2017, and that he was terminated on Jan. 11, 2018. He is \u201cnot eligible to work at LaGuardia any time in the future,\u201d said spokeswoman Elizabeth Streich. The public college located in Long Island City, which offers two-year associates degrees, also agreed to provide counseling for the woman, cover the costs of her course materials and re-enrollment in the class, but did not remove her \u201cwithdrawal\u201d from the class on her transcript. The woman \u2014 who is being represented by Carrie Goldberg, the Brooklyn lawyer backing at least two Harvey Weinstein accusers \u2014 claims her life has taken a dark turn because of the \u201cemotional stress\u201d of the ordeal. She \u201chas even felt unsafe in her own home because Professor Fam knows where she lives,\u201d the suit says. The plaintiff told the Post she wants to maintain her anonymity because she is \u201cscared of the repercussions. \u201cHe\u2019s obviously not a nice person, so don\u2019t know what lengths he might go to. It\u2019s scary for a single woman who lives alone.\u201d She is seeking unspecified damages and a jury trial. Court papers also claim Fam was part of a \u201cwider culture of similar behavior by LaGuardia professors.\u201d In a review for Fam on the Rate My Professor website, a student wrote in October 2017 that he \u201cwastes time on dirty jokes don\u2019t know how to respect a professor who cracks dirty jokes all the time.\u201d Fam has been a lecturer at LaGuardia Community College and an adjunct associate professor at CUNY\u2019s York College in Queens since at least 2012, according to SeeThroughNY. He earned $35,000 last year from LaGuardia and $14,000 from York. Fam could not be reached for comment. College professors allegedly sold drugs, \u2018pimped\u2019 out students cuts nearly 5,000 jobs in wake of ex Bernard Looney scandal Nine sleuths move to Department of Investigation to work corruption cases following sex-for scandal Ex Chief Jeffrey Maddrey\u2019s former driver \u2014 who made $163K in overtime last year \u2014 questioned by feds in sex-for probe: sources 2/16/25, 11:52 Professor offered me good grades to sleep with him: suit 2/4 , 10/13/18 Victim of Brooklyn sucker-punch attack speaks out Just like Bridget Jones, Ren\u00e9e Zellweger is finding love after heartbreak \u2014 at age 55 2/16/25, 11:52 Professor offered me good grades to sleep with him: suit 3/4 \u00a9 2025 Holdings, Inc. All Rights Reserved Terms of Use Membership Terms Privacy Notice Sitemap Your California Privacy Rights Chevy Chase attends 50' special after slamming show \u2014 and nearly coming to blows with Bill Murray 2/16/25, 11:52 Professor offered me good grades to sleep with him: suit 4/4", "7407_102.pdf": "New York Post \u00b7 Follow verified publisher \u00b7 1.4M followers New York, New York Shellyne Rodriguez charged over machete threat toward Post reporter is latest example of nutty hires \u2014 here are 8 more By Matthew Sedacca, 2023-05-27 The City University of New York has an ever-growing roster of whack-ademics. Former Hunter College Professor Shellyne Rodriguez, who was arrested on Thursday af- ter holding a machete to a Post reporter\u2019s neck, is just the latest example of questionable hiring practices by the taxpayer-funded public university system, professors and critics told The Post. Rodriguez, 45, lashed out at the reporter after he identified himself outside of her door in the Bronx and said he wanted to interview her over a viral video that had been circulating online. In the clip, Rodriguez cursed out pro-life students who had set up an information table at Hunter College on May 2 and shoved their pamphlets to the floor. \u201cGet the f\u2013k away from my door, or I\u2019m gonna chop you up with this machete!\u201d the nutty professor growled at the reporter. She later chased the reporter and a photographer down the street \u2014 blade still in hand \u2014 and eventually kicked the scribe in the shins. The unhinged behavior of the self-described \u201cBlack Marxist\u201d left many wondering how and why she had been working at the Manhattan college shaping young minds since 2017 . Comments / 2/16/25, 11:52 Shellyne Rodriguez charged over machete threat toward Post reporter is latest example of nutty hires \u2014 here are 8 more - \u2026 1/29 Shellyne Rodriguez was arrested on Thursday after holding a machete to a Post reporter\u2019s neck this week. Robert Miller for the N.Y. Post The concerns over lax vetting of academics \u2014 particularly part-time, non-tenured adjunct profs like Rodriguez \u2014 have dogged CUNY\u2019s 25 campuses for years. In just the last 13 years, the 243,000 students , $4.3 billion system has turned out to have hired a con- victed terrorist, a Russian spy, and more than one drug-fueled sexual deviant. Rodriguez is \u201cnot alone. We\u2019ve got plenty of nuts here,\u201d one Hunter College professor told The Post this week. \u201cIn a random survey, would subway riders or adjuncts be more heavily armed?\u201d a Brooklyn College professor wondered. Comments / 2/16/25, 11:52 Shellyne Rodriguez charged over machete threat toward Post reporter is latest example of nutty hires \u2014 here are 8 more - \u2026 2/29 Former Baruch adjunct Juan Lazaro Sr. (Mikhail Vasenkov), who was discovered to have been a Russian spy. Sara Gernsbacher Comments / 2/16/25, 11:52 Shellyne Rodriguez charged over machete threat toward Post reporter is latest example of nutty hires \u2014 here are 8 more - \u2026 3/29 Former and current department heads confessed that adjunct professors \u2014 who are paid $6,750 a semester for a 3-hour course \u2014 are often hired in the \u201cspur of the mo- ment\u201d and by word of mouth. Often they are vetted \u2014 and in some cases hired \u2014 by just the department heads alone, not by trained professionals. One adjunct who has been teaching for 10 years said she never filled out an application. Jeffrey Parsons stepped down as a Hunter College psychology professor following substantiated complaints that he used and supplied cocaine at university-sponsored events and violated CUNY\u2019s sexual misconduct policy. Hunter College Others say they have, but have never been asked about their criminal records or involve- ment in violent activist groups. Full-time professors, meanwhile, are screened by entire search committees. Comments / 2/16/25, 11:52 Shellyne Rodriguez charged over machete threat toward Post reporter is latest example of nutty hires \u2014 here are 8 more - \u2026 4/29 \u201cLiterally the decision [to hire an adjunct] is made by one person. That\u2019s the department chair, and we have some very crazy department chairs,\u201d said one department head at Kingsborough Community College, who recently interviewed and hired an adjunct by email. After the paperwork had been filled out, the chair asked her department\u2019s person- nel and budget committee to rubber stamp the hire. Comments / 2/16/25, 11:52 Shellyne Rodriguez charged over machete threat toward Post reporter is latest example of nutty hires \u2014 here are 8 more - \u2026 5/29 Comments / 2/16/25, 11:52 Shellyne Rodriguez charged over machete threat toward Post reporter is latest example of nutty hires \u2014 here are 8 more - \u2026 6/29 Ric Curtis, a John Jay College of Criminal Justice professor, was accused of \u201cpimping out students\u201d and selling drugs. \u201cThey\u2019re not running any background checks on my adjuncts,\u201d she admitted. \u201cYou have other nutcases hiring them \u2014 it\u2019s a self-perpetuating system,\u201d she said Brooklyn College professor said that recently increased layers of bureaucracy and new legal limits about what you can ask an applicant make it harder to pick out bad apples. Former John Jay College professor Barry Spunt was accused by two former students of sexual assault. Former John Jay College professor Anthony Marcus was also accused of sexual assault and \u201cpimping out students\u201d by two former students. \u201cIn the past, we were able to make calls to references,\u201d he said used to call and ask, \u2018Is the guy normal?\u2019 If they hesitated and said \u2018What do you mean by normal knew the answer.\u201d Asked whether runs criminal background checks, a spokesperson said follows a thorough process when hiring its employees at all levels and complies with all federal, city and state laws regarding hiring practices,\u201d adding that some part-timers are required to undergo a criminal history check. City Councilwoman Joann Ariola (R-Queens) ripped the university system for its hiring practices, saying that this is not \u201chow an education system \u2013 especially not a world-class system like \u2013 should be run.\u201d Comments / 2/16/25, 11:52 Shellyne Rodriguez charged over machete threat toward Post reporter is latest example of nutty hires \u2014 here are 8 more - \u2026 7/29 Alexei Saab, a former Baruch College adjunct lecturer who aided Hezbollah with plotting future terrorist attacks. \u201cWhen we rely strictly on word of mouth and the buddy system rather than on a resume, this is what we inevitably end up with,\u201d she said. \u201cNobody is doing their due diligence and Comments / 2/16/25, 11:52 Shellyne Rodriguez charged over machete threat toward Post reporter is latest example of nutty hires \u2014 here are 8 more - \u2026 8/29 looking into the backgrounds of the people being hired.\u201d Nutty professors at schools have included: Alexei Saab, a former Baruch College adjunct lecturer who taught graduate cour- ses from 2016 until July 2019, when he was arrested and charged with helping the Lebanon-based terror group Hezbollah plot future attacks on New York City land- marks. Saab was hired by despite being with the terror group since 1996. He scouted dozens of locations in the Big Apple \u2014 including the headquarters, the Statue of Liberty, Rockefeller Center, Times Square, the Empire State Building, and local airports, tunnels, and bridges, federal prosecutors said. He was convicted in May 2022, and this week sentenced to 12 years in prison. Former Hunter College star psychology professor and sex and drug researcher Jeffrey Parsons stepped down in 2019 after a school probe substantiated com- plaints he used and supplied cocaine at university-sponsored events and violated CUNY\u2019s sexual misconduct policy. The school wound up paying more than $1.25 million to settle claims with six Parsons\u2019 staffers. One ex-employee recalled that Parsons performed oral sex on a bar patron in front of him \u2014 before trying to force his colleague to pleasure someone else. Four John Jay College of Criminal Justice professors \u2014 Full profs Barry Spunt, Ric Curtis, and Anthony Marcus, and adjunct Leonardo Dominguez \u2014 were accused in May 2018 by two former students, Naomi Haber and Claudia Cojocaru , of sexually assaulting the women and \u201cpimping out students\u201d to colleagues. They accused Curtis of running a drug den out of the Midtown Manhattan campus. Dominguez was not rehired to teach at the school, and the trio of professors were put on paid leave. Then-Manhattan Cy Vance\u2019s Office investigated the claims but did not bring charges. John Jay president Karol Mason said that she was moving to fire the professors but the following year, the trio were still on the payroll \u2014 and had even received raises to their six-figure salaries federal civil suit filed by Haber and Cojocaru against John Jay and the four professors, claiming they created a \u201ccesspool of sexism, misogyny, sexual harassment, and illegal drug use,\u201d was set- tled in 2021 wound up paying $164,499 to each of the women and $281,000 Comments / 2/16/25, 11:52 Shellyne Rodriguez charged over machete threat toward Post reporter is latest example of nutty hires \u2014 here are 8 more - \u2026 9/29 in legal fees. Curtis sued for discrimination and claimed he was defamed by the accusers. The suit is ongoing John Jay spokesperson said that Curtis is still on the school\u2019s payroll while waiting for an arbitrator to determine whether or not he can be fired. The school said Spunt retired on December 1, 2020, before dying in February 2021, and Marcus retired on December 31, 2021. Spunt died in February 2021 and Anthony Marcus was set to retire in December 2021. Curtis is still listed as a John Jay faculty member and was on the school\u2019s payroll as of last year, according to SeeThroughNY . Hany Fam, a LaGuardia Community College human-anatomy lecturer, and adjunct at York College, offered one of his undergraduate students at LaGuardia good grades in exchange for sex in 2017, according to a Brooklyn federal lawsuit. LaGuardia fired Fam in January 2018. Lehman College chemistry adjunct Hasan Zumrut, 28, was busted by police in 2015 for allegedly groping the backsides of several women , including one 18-year-old, in Times Square. Zumrut continued teaching at the school through June 2020 , ac- cording to his LinkedIn page. Eric Linsker, a former adjunct English prof at Baruch College and Queens College, was arrested in December 2014 after he allegedly tried to throw a metal trash can at cops during a march on the Brooklyn Bridge. Mamdouh Abdel-Sayed, a tenured biology lecturer at Medgar Evers College in Brooklyn, held unauthorized courses on important medical procedures on campus and charged students up to $1,000 for bogus course completion certificates. He held the classes from 2013 until 2017 when he was arrested and placed on admin- istrative leave. He pled guilty to wire fraud in Manhattan federal court in 2018 and was sentenced to six months in jail. Michael Isaacson, a former adjunct economics prof at John Jay College of Criminal Justice, where many cops are educated, in August 2017 tweeted that it was \u201ca privi- lege to teach future dead cops.\u201d The comments of the self-described Antifa member Comments / 2/16/25, 11:52 Shellyne Rodriguez charged over machete threat toward Post reporter is latest example of nutty hires \u2014 here are 8 more - \u2026 10/29 drew condemnation from then-Mayor Bill de Blasio and the head of the police union. He was placed on administrative leave that September, and he was terminated in 2018 . Ari Nagel, a full-time mathematics professor at Kingsborough, was never in trouble \u2014 but he does have an interesting hobby. Dubbed \u201cThe Sperminator, he sired more than 100 children around the world as a sperm donor \u2014 conceiving some in the sheets, and others by handing off his super sperm in public bathrooms. Former Baruch College adjunct political science professor Juan Lazaro Sr. claimed to be from Argentina but was revealed to be the Russian spy Mikhail Vasenkov in 2010. He, his wife, and eight other spooks were shipped back to Moscow as part of a spy-swap deal. The professor who hired the undercover spy to teach at Baruch told the Wall Street Journal didn\u2019t detect anything odd\u201d when he offered Lazaro the job Be the first to comment here. 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\u2026 29/29", "7407_103.pdf": "\uf3c5Long Island City LaGuardia professor sued after making an indecent proposal with a student in Queens By Carlotta Mohamed Posted on October 17, 2018 File photo \uf0e0 Sign up for our email newsletter to get news, updates, and local insights delivered straight to your inbox college professor allegedly made sexual advances toward a female student, \uf7d9Home Pros \uf508Jobs News \u2335 Best of \uf133Things to Do \u2335 Contact Digital Editions \uf1adDentistry For Children Customer Service Representative \uf1adMeyers Saxon Cole Legal Secretary \uf1adDentistry For Children Data Entry Representative Bayside Historical Society\u2019s 24th Annual Winter Art Show \uf3c5Bayside Historical Society Today, 9 am 2/16/25, 11:53 LaGuardia professor sued after making an indecent proposal with a student in Queens 1/10 offering her \u201cgood grades\u201d in exchange for sexual favors, according to a Brooklyn Federal Court lawsuit. The student, who goes by the name of Jane Doe in the lawsuit, enrolled in the Human Anatomy and Physiology course taught by Professor Hany Fam during the fall 2017 semester at LaGuardia Community College in Long Island City. The student claimed she asked Fam to meet in October 2017 to discuss her grades, according to the lawsuit. The woman, in her 40s, said the married professor, 60, insisted they meet at her Brooklyn apartment. \u201cFearing that she would offend her professor and perhaps jeopardize her Get the Full Story News, events, culture and more \u2014 delivered to your inbox. Enter Your Ema EVENTS\u2026 Family Playdate \u2013 Chabad of West Queens Today, 10 am Freezin\u2019 Season Feb. 19, noon Luminosa Festival of Lights Feb. 19, 5 pm Slumber Party Storytime \uf3c5Queens Public Library at Baisley Park Feb. 20, 5 pm 2/16/25, 11:53 LaGuardia professor sued after making an indecent proposal with a student in Queens 2/10 grade in his class, [she] finally relented,\u201d the lawsuit said. On Oct. 9, 2017, upon Fam\u2019s arrival at the apartment, he kissed the woman on the cheek while embracing her and gave a bottle of wine and some papers, according to the lawsuit. Fam told the woman that he \u201cneeded a friend, said he was lonely\u201d and described problems in his marriage, the lawsuit states. Additionally, Fam asked the woman if \u201cshe\u2019d sell her body if she didn\u2019t get the grade she wanted in the class,\u201d according to the lawsuit. He had then repeatedly tried to hold her hand, and unbuttoned his shirt to reveal a scar and claimed to have a heart condition that left him with just a few years to live, the lawsuit said. When the woman got up to go to the kitchen, Fam Get Queens in your inbox News, events, culture and more \u2014 delivered to your inbox. Enter Your Email Address 2/16/25, 11:53 LaGuardia professor sued after making an indecent proposal with a student in Queens 3/10 followed her, leaned in to hug her and told her to relax, according to the lawsuit. Fam had then poured two glasses of wine and repeatedly encouraged her to drink, but she declined. Fam asked her why she was so tense, and insisted that he could make things much easier for her, and repeatedly asked if she would be his \u201cfriend,\u201d according to the lawsuit. When the woman had asked if he was referring to sex, Fam confirmed that he did, and suggested they could meet once a week, the lawsuit said. Fam had also told her that other professors at LaGuardia have had similar arrangements with other students, the lawsuit said. After the woman refused to be in a sexual relationship, Fam became aggravated and told her that she was \u201ctoo uptight, that English women 2/16/25, 11:53 LaGuardia professor sued after making an indecent proposal with a student in Queens 4/10 are too stiff,\u201d and drew a contrast with \u201cSpanish girls,\u201d the lawsuit said. Fam told the woman to think about his offer and make a decision about whether she wanted him to \u201chelp\u201d her, after handing her questions and answers for a quiz. Following the uncomfortable meeting at her apartment, the woman felt unsafe in her own home since Fam knew where she lived, and experienced an ongoing fear that she would be subject to another episode of harassment, according to the lawsuit. The woman had suffered emotional distress, experiencing daily crying episodes, recurring nightmares and difficulty sleeping, headaches, dizziness, nausea shortness of breath and trembling, weight loss and gastrointestinal effect, and 2/16/25, 11:53 LaGuardia professor sued after making an indecent proposal with a student in Queens 5/10 hair loss, according to the lawsuit. In November 2017, the woman reported Fam\u2019s harassment to the Title Office, which handles sexual harassment complaints. In January 2018, LaGuardia concluded that Fam \u201coffered [her] a good grade in [her] Human Anatomy and Physiology Fall 2017 class in exchange for sexual favors,\u201d the lawsuit stated. The woman did not return to Fam\u2019s class and LaGuardia agreed to provide counseling, cover the cost of course materials, and re- enrollment in the class, but they did not remove her withdrawal on her transcript, the lawsuit said spokeswoman for LaGuardia said the college \u201ctakes seriously any allegations of sexual misconduct.\u201d Upon receiving the complaint, Fam was 2/16/25, 11:53 LaGuardia professor sued after making an indecent proposal with a student in Queens 6/10 immediately removed from teaching and an investigation was initiated. He was terminated on March 20 and has not taught at the college since he was first removed. He is no longer eligible to teach at LaGuardia, according to a statement released from the college. \u201cRegarding the allegation that this type of behavior is commonplace at LaGuardia, an investigation was conducted and found no evidence that such a culture exists, neither presently nor during the time frame of the investigation,\u201d the spokeswoman said. The woman is being represented by Brooklyn lawyer Carrie Goldberg and is seeking unspecified damages and a jury trial. 2/16/25, 11:53 LaGuardia professor sued after making an indecent proposal with a student in Queens 7/10 More Long Island City News Queens Botanical Garden offers special mid-win- ter break program for kids with ed- ucational activities Nily Rozic se- cures funding to create new lab at P.S. 173 in Fresh Meadows New York legisla- tors pro- pose bills to protect students from ris- ing ha- rass- ment and an- tisemitism on col- lege cam- puses Ridgewood\u2019s PS68 stu- dents take a trip to the Intrepid Museum funded by Council Member Holden 2/16/25, 11:53 LaGuardia professor sued after making an indecent proposal with a student in Queens 8/10 More from Around New York amNY Under pressure activists demand Governor Hochul dump Mayor Adams as fallout over dropped charges, Trump cooperation continues Gay City News New Yorkers protest after Trump administration scrubs transgen\u2010 der references from Stonewall National Monument\u2019s website Schneps Podcasts WellLife Network\u2019s Mission and Impact with Sherry Tucker of WellLife Network New York Family Free Kid and Family Activities in NYC: 10 Free Things to Do This Week \uf073 Things to do in Queens Queens\u2019 job board \uf508 2/16/25, 11:53 LaGuardia professor sued after making an indecent proposal with a student in Queens 9/10 Contact Us Networking Events Jobs \uf7d9Home Pros Real Estate Advertise Newsletter 2025 Schneps Media Privacy Policy Terms of Use 2/16/25, 11:53 LaGuardia professor sued after making an indecent proposal with a student in Queens 10/10", "7407_104.pdf": "Breaking News Australia Video University Guide Deep Dive China Debate Meghan Markle Prince Harry King Charles Weather Login Home News Royals U.S. Sport Showbiz Femail Health Science Money Travel Podcasts Shopping shares 23 The student was attending LaGuardia Community College (pictured) when she alleges the harassment took place College anatomy professor, 60, offered female student good grades in return for sex and told her he was 'lonely with just a few years left to live' Hany Fam, a professor at LaGuardia Community College, allegedly asked a female student to have sex with him in return for better grades The married man allegedly told his victim he had a heart condition and just years to live He told her other professors have 'similar arrangements' with students The student filed a complaint and the college said he was fired in January 2018 By PUBLISHED: 04:25 GMT, 14 October 2018 | UPDATED: 07:28 GMT, 14 October 2018 college professor allegedly offered a female student good grades if she agreed to 'make things easier' for herself by having sex with him female undergraduate claims her human-anatomy professor at LaGuardia Community College, Hany Fam, offered her better grades in return for sex, a Brooklyn federal court lawsuit states. In a lawsuit seen by the New York Post, the student who is in her forties and not named, claims she asked Fam for a meeting in October 2017 to discuss grades. The married professor, 60, insisted they meet at her apartment, court papers say. 'Fearing that she would offend her professor and perhaps jeopardize her grade in his class, [she] finally relented,' the suit states. Fam arrived at her Brooklyn apartment and gave her a bottle of wine and a kiss on the cheek, court papers say. 23 View comments +3 View gallery Site Web Enter your search England and Wales's most dangerous streets: Map of 37,000 neighbourhoods lays bare hotspots for violent and sexual offences... so how crime-ridden is distr... 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Heartbroken family of British father, 37, who was 'left to die alone in a Las Vegas' are the hotel he died in and the ambulance company Privacy Policy Feedback Monday, Feb 17th 2025 11AM 28 2PM 30 5-Day Forecas 2/16/25, 11:53 College professor offered to give female student good grades if she agreed to have sex with him | Daily Mail Online 1/40 He sat on the couch and told her he was 'lonely' and had problems in his marriage, the suit claims. He 'unbuttoned his shirt to reveal a scar and claimed to have a heart condition that left him with just a few years to live,' the suit claims England and Wales's most dangerous streets 7.1k viewing now We find the real reason so many people have autism 47.7k viewing now Keir Starmer says it's time to put boots on the ground in Ukraine 4.7k viewing now The student 'got up and went to the kitchen, but Professor Fam followed her, leaned in to hug her, and told her to relax'. After pouring two glasses of wine \u2014 which the woman claims she refused to drink \u2014 Fam said that he could make things much easier for her, and repeatedly asked if she would be hisfriend. When the woman asked if friend was code for 'sex,' he confirmed it was, according to the lawsuit. \u2018He suggested they meet once a week and told [her] it wouldn\u2019t be \u2018that hard\u2019 for her because of his heart condition,\u2019 court papers state. 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When the student made 'unambiguous expressions of disinterest, the professor 'became aggravated and told Plaintiff that she was too uptight'. On his way out, Fam handed her \u2018what appeared to be questions and answers for the following day\u2019s scheduled quiz and told [her] to think about his offer\u2019. The woman did not return to Fam\u2019s class and reported him to the college\u2019s Title office, which handles sexual harassment complaints. The college concluded that Fam \u2018offered [her] a good grade in exchange for sexual favors,\u2019 according to the lawsuit LaGuardia spokeswoman told the Post the professor's last day in the classroom was the day the student\u2019s complaint was filed on November 7 and that he was terminated on January 11, 2018. +3 View gallery Rosie Huntington- Whiteley joins leggy Alexa Chung and pregnant Poppy Delevingne at British Vogue x afterparty Kylie Jenner and Timoth\u00e9e Chalamet can't keep their hands off each other at the BAFTAs after she skipped the red carpet Bridget Jones called them the 'smug marrieds'. But after another cringe-fest parade of celebrity Valentine's pictures, here's my message to these nauseatingly n... Amanda Holden shows off her incredible physique as she rings in her 54th birthday with sizzling bikini-clad photoshoot Where is the 'Hot Felon' now? 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Meet the adventurous cat who took a train into London alone - leaving its owner baffled viewers left 'disgusted' as beloved stars Timothy West, Bernard Hill and Brian Murphy are 'snubbed' from In Memoriam tribute 2/16/25, 11:53 College professor offered to give female student good grades if she agreed to have sex with him | Daily Mail Online 3/40 Richard 'Ric' Curtis, an expert on illegal drug markets, was put on leave at John Jay Criminal College as he allegedly presided over a world of drug use and sex in a secluded building Also placed on leave were (left to right): Leonardo Dominguez, Barry Spunt, Anthony Marcus He is 'not eligible to work at LaGuardia any time in the future,' said spokeswoman Elizabeth Streich. The public college located in Long Island City, which offers two-year degrees, also agreed to provide counselling for the woman. 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The next day, all five of my children were taken into care - and it's happening to thousands of families I'm a normal mother in my 40s but I've found a nudist hobby that's changed my life 2/16/25, 11:53 College professor offered to give female student good grades if she agreed to have sex with him | Daily Mail Online 4/40 23 shares Share or comment on this article: College professor offered to give female student good grades if she agreed to have sex with him The woman is being represented by Carrie Goldberg, the Brooklyn lawyer backing at least two Harvey Weinstein accusers. She claims her life has taken a dark turn because of the \u201cemotional stress\u201d of the ordeal. She 'has even felt unsafe in her own home because Professor Fam knows where she lives,' the suit states. The plaintiff told the Post she wants to maintain her anonymity because she is scared of the repercussions. \u2018He\u2019s obviously not a nice person, so don\u2019t know what lengths he might go to. It\u2019s scary for a single woman who lives alone\u2019. The case comes after a series of allegations that professors at CUNY\u2019s John Jay College of Criminal Justice raped and tried to pimp out students and used and sold drugs on campus. The case is now being probed by the Manhattan DA\u2019s office and the state Inspector General. Formal sex-harassment complaints against four professors are being probed by the taxpayer-funded school and two alleged victims decided to go public Embed this Bill Burr: Billionaires should be 'put down like dogs' for dividing Gym and pool built in backyard for teen's head injury recovery Binman runs in terror as rat jumps out of bin Trump supports Vance over speech that 'ruffled feathers' in Europe Police speak from scene where 'grinning' Syrian migrant killed Alaska hiker encounters two bald eagles tangled Meat shoplifter's e- scooter escape takes an unexpected turn Bizarre moment teenager throws himself on pensioner's car Newest Oldest Best rated Worst rated Comments 22 Share what you think View all The comments below have been moderated in advance. Soupy Sales, Los Angeles, United States, 6 years ago The key is to wait for the students to make the first offer. Don't proposition the students. Is this the most brutal death recorded in history? 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Here are the top ten signs your online date is a con artist (and the one red flag you must ignore) Fans slam Paul George for sharing sexual vacation pics after 2/16/25, 11:53 College professor offered to give female student good grades if she agreed to have sex with him | Daily Mail Online 5/40 Click to rate 34 8 Truth or Consequence, Arizona, United States, 6 years ago Gosh, no pity on this sickly man. It was anatomy after all! (satire) Click to rate 16 4 MadsJ, Horsens, Denmark, 6 years ago A, B, and C. Did he use acronyms in place of letter grades as a requirement? Click to rate 8 2 Meagdog, Kansas City, United States, 6 years ago know several women that got through college that way. Doesnt make it right but it happens more than you know. Click to rate 33 5 missy411 Bay Area, United States, 6 years ago Commenting on this article has ended Log in Powered by Terms | Privacy | Feedback horror show in last 76ers game 50: Kim Kardashian, Scarlett Johansson and Sabrina Carpenter lead the best dressed stars on the red carpet found a lump on my neck, so Googled it - and wasn't worried. But please don't make the same terrible mistake as me... 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His parents are an iconic British couple - but can you guess the Nepo baby in this sweet childhood throwback snap? Love Island SPOILER: Olivia Hawkins gives her brutal verdict on Ronnie Vint and Harriett Blackmore's relationship as she returns to villa in shock twist Amazing unseen images of 'Bride of Wildenstein's' incredible life in Africa: Fascinating photos offer new insight into the billionaire's bride dubbed 'Catwoman' Netflix star Kim Sae- ron dies aged 24: Actress who starred in hit K-drama Bloodhounds found dead in her home as fans pay tribute The ultimate nepo family who have taken over Hollywood! How the ever-expanding Wayans have dominated screens for the past three decades Barry shares shocking story about couple's massage with her girlfriend Ella Rutherford Who is David Harbour's new girlfriend? Aspiring model Ellie Fallon boasts glam Insta which gives away clue as to when the pair met Love Island's Tasha Ghouri hints at the heartbreaking reason behind her shock split from Andrew Le Page Love Island: All Stars villa 'left in chaos as star suffers head injury after passing out - as show medics are called in' 2/16/25, 11:53 College professor offered to give female student good grades if she agreed to have sex with him | Daily Mail Online 17/40 How to watch the BAFTAs 2025 and what time it starts: Live stream the film awards from anywhere as David Tennant returns to hosting duties Billie Piper is reprising her iconic Doctor Who role opposite Christopher Eccleston in honour of the revival's 20th Anniversary TOWIE's James Argent takes huge step in his relationship with Spanish girlfriend Nicoline Artursson Myleene Klass turns heads in a racy black lace look as she arrives at work at Smooth Radio - after her quirky new headgear looks were explained Phillip Schofield's helping hand for pal Gino D'Acampo following allegations of sexually inappropriate behaviour Kate and Rio Ferdinand enjoy family work out with their sons Cree, four, and Tate, 16, in their lavish home gym Mending your 'broken heart'? Maura Higgins sings along to Whitney Houston hit on Valentine's night out after taking a swipe at 'cheating' ex Pete Wicks The making of Aimee Lou Wood: How the working class star overcame a traumatic childhoo and 'many mental illnesses' to landa The Masked Singer fans are left baffled and claim they have 'never heard' of series winner after Pufferfish was unmasked in grand finale Ozzy Osbourne, 76, reveals he will not perform a full set at Black Sabbath's farewell gig as he confesses he can only manage 'little bits and pieces' The nepo baby set for superstardom: From 2/16/25, 11:53 College professor offered to give female student good grades if she agreed to have sex with him | Daily Mail Online 18/40 starring alongside his famous mother to his romance with another child star, inside Sam Nivola's rise to fame Rylan Clark is forced to pull out of his Radio 2 show after health concern as Strictly Come Dancing star steps in at the last minute How Taylor Swift's ex Joe Alwyn is chasing fame in wake of his split from pop megastar - after 'breaking up over privacy fears' Olivia Bowen shares sweet clip of the moment she told her husband Alex she was pregnant with their second child Good Morning Britain star welcomes his first child with wife as he shares newborn's sweet name Bridget Jones fans devastated after watching Mad About The Boy as sobbing cinemagoers say they spent the 'whole time crying fans obsessed with 'phenomenal' crime drama that 'needs another series' - but you only have days left to watch it Katie Price, 46, and Slater, 33, hit Liverpoolbut risk a parking ticket as they dump Pink Pricey Range Rover outside a sexual health clinic Valentine's Day date? Tom Cruise, 62, and Ana de Armas, 36, are all smiles as they are mobbed by fans during night out in London Kaya Scodelario reveals 'terrifying' teenage sex scenes on set of Skins were 'improvised' as she opens up about being a child actor pre #MeToo Amanda Holden angers bosses after breaching commercial guidelines 2/16/25, 11:53 College professor offered to give female student good grades if she agreed to have sex with him | Daily Mail Online 19/40 with advert for her own interior design range Starmer 'ready' to put troops on ground in Ukraine to protect\u2026 See more versions \u00b7 7hrs ago London to see 14C temperatures and sunshine as gloom finally\u2026 See more versions Evening Standard \u00b7 Extra two million appointments in Labour's first fi\u2026 See more versions Sky News \u00b7 7hrs ag The Brutalist and Conclave among winners at this year\u2019s Bafta film\u2026 See more versions Evening Standard \u00b7 Reform leads the Conservative Party on a number of key\u2026 See more versions Sky News \u00b7 6hrs ag influencer claims she was told to keep Elon Musk\u2019s 13th\u2026 See more versions The Independent \u00b7 Police investigated over man's death after officers attend report\u2026 See more versions Sky News \u00b7 6hrs ag 'One in a million' Brit diabetic, 37, left to die alone in Vegas hotel See more versions Daily Star \u00b7 3hrs ag Love Island descends into chaos as axed stars accuse finalist of\u2026 See more versions MailOnline \u00b7 4hrs ag BAFTAs viewers left outraged as Lord of the Rings actor snubbed\u2026 See more versions Daily Mirror \u00b7 20min Click here to view more Follow Daily Mail Subscribe Daily Mail Follow @DailyMail Follow Daily Mail Follow @dailymailuk Follow Daily Mail Justin Bieber and Hailey spend Valentine's Day together in Beverly Hills amid rumored marriage woes Eamonn Holmes makes sweet marriage remark live on air months after split from ex Ruth Langsford 2/16/25, 11:53 College professor offered to give female student good grades if she agreed to have sex with him | Daily Mail Online 20/40 How Beyonce feels about husband Jay-Z's shock rape case dismissal Boris Becker, 56, and wife Lilian de Carvalho Monteiro, 33, put on a loved-up display as they party at the 75th Berlinale International Film Festival Nick Cannon, father of 12, responds to news that Elon Musk has welcomed his 13th child Rita Ora shows off her toned figure in skimpy gym gear as she shares photo dump documenting her extended stay in Australia Britain's Got Talent's Bruno Tonioli shares that for the sake of entertainment 'sometimes you have to be a little spicy Love Island: All Stars' Ronnie Vint leaves girlfriend Harriett Blackmore reeling by revealing his hair in hilarious unseen clip How Amelia Dimoldenberg built her multi-million pound empire from a chicken shop: Inside comedian's surprising rise to fame ahead of Oscar's red carpet gig I'm the voice of Come Dine With Me - fans will be stunned to learn the truth about my catty swipes at the contestants Kylie Minogue cuts a stylish figure as she departs Perth Airport after kicking off Australian tour Gemma Atkinson reveals sex secrets including one- night stands and two 2/16/25, 11:53 College professor offered to give female student good grades if she agreed to have sex with him | Daily Mail Online 21/40 engagements before settling down with fianc\u00e9 Gorka Marquez Celeb chefs rated: Best and worst reviews for Gordon Ramsay, Gino D'Acampo and Jamie Oliver revealed The sombre reason why Meghan Markle shutting the car door was a security headache for her staff Is this the end for Kanye West? Slurs, a crumbling marriage with wife Bianca Censori and collaborators fleeing Max George reveals he underwent a secret heart operation after first pacemaker surgery left him in agony The real story behind Meghan's 'baby shower': It was used by Meghan and her friends as a 'launch-pad' for their careers Kim Kardashian teases her 50 appearance where she's 'set to reunite' with ex Pete Davidson Maura Higgins takes a brutal swipe at 'cheating' ex Pete Wicks during Valentine's Day night out as she addresses split for first time Britney Spears and ex-felon Paul Soliz confirm they're back on as they spend Valentine's Day with his kids Make-up free Isla Fisher enjoys breakfast with children after reports her amicable divorce from Sacha Baron Cohen is set to turn nasty 2/16/25, 11:53 College professor offered to give female student good grades if she agreed to have sex with him | Daily Mail Online 22/40 Chrissy Teigen and John Legend sing to their late dog Penny's ashes in a touching Valentine's Day video Jacqueline Jossa 'brings in lawyers over unpaid five figure sum from In The Style as fashion retailer faces administration' Jessica Chastain dazzles in a strapless dress and boa sleeves at Berlinale International Film Festival Liam Gallagher 'plans to spend Oasis reunion payout on a Cotswolds manor house' ahead of \u00a3100million tour Strictly's Tasha Ghouri says she's 'still processing' split from ex Andrew Le Page in emotional update as he moves out of their shared home From Hogwarts to High Society! First glimpse of actress Katie Leung in new Bridgerton role Sydney Sweeney exudes Hollywood glamour in strapless gown at Armani Beauty Party during Berlinale Film Festival Prince Harry does knee slide and kisses bald man's head as he joins in boisterous celebrations of one of the last events of the Invictus Games Kanye West breaks his silence over alleged $250k resurfaced sex tape amid Bianca Censori divorce Queen Mary of Denmark quietly slips into Australia for a family holiday in her native Tasmania 2025 Writers Guild Awards: Anora's Sean Baker continues 2/16/25, 11:53 College professor offered to give female student good grades if she agreed to have sex with him | Daily Mail Online 23/40 winning streak as he nabs top honor Who won the Masked Singer? Pufferfish is crowned and identity is revealed as Samantha Barks Heidi Klum, 51, reveals she has 'chin and boob' hair as she gets candid about aging: 'It's as long as my pinky finger' Linkin Park star Chester Bennington's child, 22, comes out as transgender - five years after the rock star killed himself Drake performs songs from new album in tiny Sydney bar during Australian leg of Anita Max Win tour Emma Watson makes surprise appearance at All-Star Celebrity Game in rare public outing Brooks Nader goes on the beach as she enjoys Valentine's Day getaway in Mexico without boyfriend Gleb Savchenko Phil Foden's childhood sweetheart Rebecca Cooke 'sparks engagement rumours after sporting huge diamond ring' following romantic getaway Prince Harry is greeted by raucous crowd at the Invictus Games and holds impromptu royal get- together with Denmark's Princess Marie and Prince Joachim Kiernan Shipka takes the plunge in floral maxi dress as she leads the stars at Awards in Beverly Hills Selling Sunset's Chrishell Stause puts 2/16/25, 11:53 College professor offered to give female student good grades if she agreed to have sex with him | Daily Mail Online 24/40 on a leggy display in pink mini dress as she and spouse Flip grab Valentine's Day dinner Vanessa Kirby exudes elegance in a draped gown as she joins classy Lily James and Ellie Bamber at the Charles Finch & Chanel Pre party Taylor Swift's pal Este Haim and Jonathan Levin are engaged! Singer debuts massive diamond ring: 'I'm taken' Megan Thee Stallion sets pulses racing in stringy blue bikini as she celebrates 30th birthday How does Amber Turner maintain her jaw- dropping physique star's strict workout routine and diet is revealed Lizzo is accused of 'copying' Lily-Rose Depp as she breaks down in tears in teaser for 'new era' of music Wendy Williams flashes a smile as she rides mobility scooter during rare public outing in Miami amid battle to end guardianship The Invictus Games are Harry's tribute to the bravery of injured military heroes. But this year they were also the perfect opportunity for Meghan David Blaine, 51, reveals he is working on final ever stunt and plans to retire at the same age that his hero Harry Houdini died 2/16/25, 11:53 College professor offered to give female student good grades if she agreed to have sex with him | Daily Mail Online 25/40 Anna Kendrick stuns in a red mini dress as she joins Camila Cabelo and Mikey Madison at the Film Awards Nominees' Party Dannii Minogue opens up about sister Kylie's devastating cancer diagnosis: 'We were going to lose her' Renee Zellweger appears to hide her ring finger amid Ant Anstead engagement rumors in Jake Quickenden opens up about the challenges of pursuing his career while raising a young family: 'It can be tough' Jeremy Clarkson goes on furious 'cancel culture' rant as he defends under-fire stars Gino D'Acampo, Wynne Evans and Gregg Wallace Adrien Brody puts on a loved-up display with girlfriend Georgina Chapman at Film Awards nominees party Kevyn Major Howard dead at 69: Full Metal Jacket actor passes away after being hospitalized for weeks How Queen Camilla introduced this bunion- busting footwear to celebrity friends Judi Dench and Mary Berry The Masked Singer final: Wolf is unveiled as a legendary 80s singer after missing out on a place in the top two as Pufferfish and Dressed Crab make it through Princess Eugenie shares pictures of her children in heartfelt (and slightly apologetic) Valentine's Day tribute to her husband James Brooksbank Gino D'Acampo 'kissed 2/16/25, 11:53 College professor offered to give female student good grades if she agreed to have sex with him | Daily Mail Online 26/40 international footballer's wife on the lips in front of her husband - telling onlookers did that because f***ing can' Pregnant Jesy Nelson shows off her blossoming baby bump in jumper dress as she enjoys Valentine's Day date with boyfriend Zion Foster The 1% Club contestant takes home biggest ever prize on gameshow after risking everything to take on the final question Pamela Anderson turns heads in a dramatic tulle hat as she attends The Last Show Girl in London Kerry Katona shows off her two-stone weight loss in a red bikini as she enjoys her first solo Valentine's Day in Thailand since split from Ryan Mahoney Nathalie Emmanuel wows in a slinky black dress as she joins glam Toni Collette and leather-clad Robert Pattinson at the Mickey 17 premiere during Berlin Film Festival Fans go wild after Meryl Streep flips middle finger at Will Ferrell during 50th concert Hailey Bieber and husband Justin cuddle up in post-Valentine's Day photos amid rumors of marital issues Sacha Baron Cohen claims it's with Isla Fisher as \u00a360 million divorce could turn nasty: Friends tell Helen Flanagan oozes glamour in a baby pink midi dress and statement heels as she attends the Elle Sera Galentine's lunch in Liverpool Gladiators legend recalls horrifying 2/16/25, 11:53 College professor offered to give female student good grades if she agreed to have sex with him | Daily Mail Online 27/40 moment she could have been left 'dead or paralysed' after a live stunt went wrong Kanye West and Bianca Censori 'have prenup' as estranged couple are headed for 'divorce' Georgia Harrison stuns in sheer black lace dress as she wishes new boyfriend Jack a happy Valentine's Day Auf Wiedersehen, Pet and Doctor Who star Maya Woolfe dies aged 72 as tributes pour in Liam Payne asked me to be his best man. Three days later he was dead: Star's closest confidant tells horrifying truth of singer's drug use EastEnders stars Danielle Harold and Max Bowden unfollow each other after stint on Celebrity Antiques Road Trip Hollywood A-lister on Saturday Kitchen says she's 'going to cry' just minutes into appearance on show as fans share their shock Rihanna shares raunchy throwback video with Rocky for Valentine's Day amid trial Khloe Kardashian shares Valentine's snaps with True and Tatum as she reveals son's nickname for Kris Jenner All you need is planning permission! Now Stella McCartney's \u00a35m Highland hideaway hits a bum note with locals... again 2/16/25, 11:53 College professor offered to give female student good grades if she agreed to have sex with him | Daily Mail Online 28/40 Clueless? No Tunstall's West End debut was child's play thanks to all those music lessons as a kid! Diddy accused of hiring trafficked underage girl for Miami sex party in a new lawsuit Leo Woodall, 28, isn't 'bothered' by toyboy label after age-gap Bridget Jones role as gives rare update on his relationship with Meghann Fahy, 34 Model, 30, who has a famous sister looks chic as she attends the Apple brunch - but can guess who her A- list sibling is? Andrew Le Page admits he's 'cried more than ever' as he marks the 'end of an era' after shock split from Tasha Ghouri and moves out of the home they shared Star of iconic 90s show who also played Marilyn Monroe is unrecognizable on rare outing in Justin Baldoni issues stinging retort after Blake Lively and Ryan Reynold's Hollywood agent mocked his name The surprising career changes of iconic Noughties band revealed: From Net Zero manager and songwriters to the stars to reality contestants Prince Harry's risque joke makes former Marine laugh at Invictus games - even though veteran had to battle testicular cancer Laura Whitmore shares her final messages with Caroline Flack on the fifth anniversary of her death and confirms she won't appear in the new doco about the late star 2/16/25, 11:53 College professor offered to give female student good grades if she agreed to have sex with him | Daily Mail Online 29/40 TOWIE's Ella Rae Wise confirms she is back together with Dan Edgar as she shares romantic Valentine's Day snaps Dave Chappelle reveals censored his viral monologue over two topics Pamela Anderson, 57, stuns in a stylish green jumper and satin midi skirt as she arrives at Studios to promote The Last Showgirl amid career resurgence Brian Cox, 78, looks dapper in a checked suit as his glam wife Nicole, 56, rocks tight pencil skirt at star- studded Baftas brunch in London Keely Hodgkinson looks incredible in a black cropped jacket as she hosts her Keely Klassic debut at Utilita Arena Birmingham Jessica Chastain commands attention in lime green suit as she steps out to the Dreams photocall at the 75th Berlinale International Film Festival Inside Amelia Dimoldenberg's love life as she settles with Adam Faze: How star sparked romance rumours with of Andrew Garfield and Aitch Jamie Theakston issues health update after cancer treatment and sends touching message to radio listeners Kid Rock's shocking claim about Kendrick Lamar and Colin Kaepernick after Super Bowl halftime show Katie Price and Slater put split rumours to bed as they enjoy loved-up night out at a Manchester nightclub on Valentine's Day Love Island All Stars highest earners as expert 2/16/25, 11:53 College professor offered to give female student good grades if she agreed to have sex with him | Daily Mail Online 30/40 predicts which couple will be the most profitable after leaving the villa On your marks! Queen Camilla is effortlessly chic in statement faux fur hat as she watches races at Ascot Kylie Minogue, 56, proves she's an ageless beauty as she stuns in sheer black gown while kicking off her Australian tour Bridgerton's Luke Thompson reveals why he declined to seek the advice of his co-stars ahead of taking a lead role in season 4 Nirvana reunite on stage with Post Malone for milestone SNL50 gig - in Dave Grohl's second performance since his cheating scandal The Bangles bombshells! First-ever authorized biography of iconic 80s band reveals in-house jealousies, disturbing fan mail and being stalked by Prince Hollywood horror icon with a Star Wars connection is unrecognizable at 77... can you guess who he is? Inside Belle Gibson's warped mind after Netflix's Apple Cider Vinegar made her a 'star': Who she blames for her downfall, her hope for the future Helen Flanagan sets pulses racing in a busty black gown for Galentines event - before shocking fans with an unrecognisable throwback snap As Kanye and Bianca head for 'divorce', we reveal the Censori family's chilling theory for why their daughter became a rapper's nude plaything 2/16/25, 11:53 College professor offered to give female student good grades if she agreed to have sex with him | Daily Mail Online 31/40 Davide Sanclimenti makes dig at ex Ekin-Su Culculoglu as he marks Valentine's Day with his new girlfriend and says 'true love doesn't destroy you' Newly-single Maura Higgins sizzles in a scarlet strapless dress as she hits the town for Valentine's Day with pals after split from Pete Wicks Meghan 'made jokes about Harry having different parents to William', thought senior royals 'behaved like babies' and Kate was a 'goody two shoes', insiders reveal The Traitors' Mollie Pearce reflects on heartbreak after split with long-term boyfriend as she shares Valentine's relationship status update Liam Payne's girlfriend Kate Cassidy shares devastating Valentine's Day tribute with a 'special' link to the late singer Princess of Wales's top 20 sell-out items show the 'Kate effect' isn't waning - from a \u00a31,000 jacket to earrings you can find on the high street Ben Fogle reveals he applied to be on Cilla Black's Blind Date because he was 'so shy' with women - but turned it down for Castaway Hilarious moment Breakfast star is interrupted by his phone live on air - as he says 'I've got to go!' Sabrina Carpenter takes brutal swipe at ex Barry Keoghan in new music video with Dolly Parton Cher, 78, turns back time in see-through bodysuit as she sings at 50: The Homecoming Concert Gaby Roslin shares her heartbreak over the 2/16/25, 11:53 College professor offered to give female student good grades if she agreed to have sex with him | Daily Mail Online 32/40 death of beloved family member and says grief is like 'being punched in the stomach' Viewers roast as the same dinner jacket appears on a different groom one year later in editing fail Philly turns on hometown girl Taylor Swift as they reveal why Super Bowl could have been for the 'traitor EastEnders star Davood Ghadami 'leaves wife for married mother-of-three co- star amid pair's sizzling on-stage chemistry' Did Prince Harry have to physically stop Meghan from breaking royal protocol? Unearthed footage shows what really happened during awkward walkabout Lisa Snowdon candidly confesses her 'reservations' about getting married to fianc\u00e9 George Smart eight years after they got engaged Emotional Jay hails 'victory' as teen rape case with Diddy is by accuser's attorney We broke records on Dragons' Den - the panel were different when the cameras stopped rolling and we couldn't believe what happened after New romance alert? Zoe Kravitz spotted with Noah Centineo four months after Channing Tatum split Anya Taylor-Joy looks ethereal as she cosies up to husband Malcolm McRae at the SNL50: The Homecoming Concert on Valentine's Day Victoria Beckham is 'desperate' for her new documentary to be a hit 2/16/25, 11:53 College professor offered to give female student good grades if she agreed to have sex with him | Daily Mail Online 33/40 as excitement builds after huge success of husband David's Netflix show Kylie Jenner bares cleavage in sparkly gown as she spends Valentine's Day with Timothee Chalamet at Berlinale Fans ecstatic as beloved show returns to screens after more than 30 years - and it's finally confirmed whether original star is back Gracie Abrams wows fans with special performance ahead of The Secret of Us European tour after sparking outrage over her 'pricey' merch Beyonce sizzles in gold bustier to promote her fragrance after Jay teen rape case with Diddy was dismissed Netflix fans gripped by 'captivating' hooligan drama 'full of twists and turns' as it rockets up the charts Leonardo DiCaprio has frog named after him - and no, it's not because it is only attracted to young females Leo Woodall's great aunts who were the Bridget Joneses of their day! Nation's new heartthrob comes from a long line of trailblazing women Katie Price insists she's 'not on fat loss jabs' and is in 'a really good place' after cleaning up her diet amid concerns over her drastic weight loss Tilda Swinton announces she is taking a break from 'merciless' movie- making... hours after accepting lifetime achievement award 2/16/25, 11:53 College professor offered to give female student good grades if she agreed to have sex with him | Daily Mail Online 34/40 Lady Gaga and Miley Cyrus get A-listers dancing as they lead star-studded performances at 50: Concert Why Kim Kardashian has stayed silent despite fears amid Kanye West and Bianca Censori 'split Bianca Censori's creepy two word comment to Kanye West days before shock 'divorce' revealed Mauricio Umansky to undergo surgery after skiing accident in Aspen as he shares health update from hospital bed Jason Momoa and girlfriend Adria Arjona have the look of love as they make their red carpet debut as couple at SNL50: The Homecoming Concert Bhad Bhabie breaks silence on claims she lied about having cancer after being slammed for vaping Craig Conover denies texting other women behind ex Paige DeSorbo's back prior to shock split bosses putting 'a ring of steel around the ceremony' after YouTube prankster gatecrashed the stage in 2024: 'They are taking no risks' Charli looks effortlessly cool as she steps out of Melbourne hotel braless in brown tank top Elsa Pataky puts on a leggy display in denim short shorts as she pampers 'new family member' with pats in Byron Bay 2/16/25, 11:53 College professor offered to give female student good grades if she agreed to have sex with him | Daily Mail Online 35/40 Danielle Lloyd breaks down in tears as she reveals she's been diagnosed with skin cancer - and star issues important health warning to her fans Lady Gaga stuns in edgy black gown outside Radio City Music Hall ahead of the SNL50: The Homecoming Concert Jermain Defoe, 41, and Alisha LeMay, 31, 'split': Pair call it quits as influencer 'unfollows' the footballer on social media - a year after cheating scandal Selena Gomez's fianc\u00e9 Benny Blanco slammed over 'disgusting' Valentine's Day gesture Teri Hatcher, 60, shows off her age- defying figure in a busty yellow bandeau and matching suit at SNL50: The Homecoming Concert in New York Prince Harry is all smiles despite Meghan being 1,000 miles away with their children on Valentine's Day Caroline Flack's hidden legacy: Star's mother Christine fights to prevent others from her heartbreak, after her daughter's tragic passing Meghan Markle shares video of children Archie and Lilibet making love heart treats for Valentine's Day hours after her gushing post kissing Prince Harry Robbie Williams movie biopic Better Man to be transformed into a West End musical after nod Jessica Alba shows off her bikini body enjoying the single life in Cabo... while ex Cash Warren is alone in 2/16/25, 11:53 College professor offered to give female student good grades if she agreed to have sex with him | Daily Mail Online 36/40 ALERT: Married At First Sight couple Adrian Araouzou and Awhina Rutene spotted together on Valentine's Day Bridgerton series four first look: Teaser images show Penelope and Colin as parents and a steamy new love story Bafta After Party is thrown into chaos after venue of Chiltern Firehouse is ravaged by huge fire - as organisers scramble to find somewhere else to host celebrity bash Jesse McCartney and wife Katie Peterson reveal they are expecting their first child: 'Our lil Valentine' Amanda Byram, 51, gives birth to a baby boy! Irish presenter welcomes second 'miracle child' after a 'surprise' labour and journey Nepo baby island! New Channel 4 reality show plans to dump offspring of famous faces on a desert island and there's a shock twist Miley Cyrus puts on a united front with mom Tish amid Billy Ray drama at the SNL50: The Homecoming Concert Jason Momoa and girlfriend Adria Arjona hold hands as they make first public outing as couple on Valentine's Day Jonathan Ross reflects on 'awkward' moment Macy Gray stormed off the stage on The Masked Singer Love Island All Stars viewers in shock as Harriett Blackmore 'pies off' Ronnie Vint and turns down his romantic proposal for the time 2/16/25, 11:53 College professor offered to give female student good grades if she agreed to have sex with him | Daily Mail Online 37/40 Rihanna branded an 'evil human being' for wearing fur by animal rights protester at Rocky shooting trial Dance Moms star JoJo Siwa returns to Sydney for a very romantic Valentine's Day with Aussie partner Kath Ebbs Pete Davidson reveals sad reason he gets 'harassed' over A-List dating life after whirlwind Ariana Grande romance Love Island: All Stars in shock as three couples are at risk of being dumped from the villa - but fans are all saying the same thing Today's headlines Most Read England and Wales's most dangerous streets: Map of 37,000 neighbourhoods lays bare hotspots for violent and... 'This is the moment for us all to step up': Keir Starmer says it's time to put boots on the ground in... 'More extremists in the than the Middle East': Counter-extremism analyst warns the is becoming a... Everyday gadget could be making you go deaf and it's nothing to do with the volume, experts warn Meghan Markle 'wanted to finish what Princess Diana started' but on a 'part- time basis' - and 'hated cured my menopause rage with magic mushrooms - and that's just one of the benefits of my drug... Blake Lively watches as Ryan Reynolds jokes about Justin Baldoni scandal as duo returns to spotlight for... The supernatural sex books that of middle-class women are reading - and how 'fairy porn' is helping... The skinny-jab sidehustle: Mail investigation exposes booming black market in Ozempic being sold for cash... 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Warwick Davis leaves viewers sobbing as they admit they weren't 'emotionally prepared' as he tearfully viewers left 'disgusted' as beloved stars Timothy West, Bernard Hill and Brian Murphy are 'snubbed'... The terrifying Tesco Clubcard plot: Shocking way 'brilliant' criminal demanding \u00a3250,000 used new loyalty... Rise of Apple Cider Vinegar syndrome: Expert reveals what's driving cancer fakers like Belle Gibson to... White Lotus fans 'grossed out' by Patrick Schwarzenegger's full frontal scene amid 'creepy' incest storyline The White Lotus season 3 episode 1 recap: Death, full frontal nudity and the shock return of a familiar... Australian bin collection method leaves British man stunned I'm a food safety expert and there are six things would do with my meals Jacob Elordi doesn't look like this anymore! Actor stuns fans as he reveals shock new look at the 75th... Our \u00a332million mansion was turned into a scene from Alien by moths who invaded and took over our home Within hours my husband couldn't remember his name and thought toys were real after being hit with rare 'regrets' Super Bowl halftime choice after Kendrick Lamar backlash mistake was made' Summer camp teacher claiming \u00a3300,000 in damages after she was knocked down by children playing 'banned'... Michael Hutchence's daughter Tiger Lily, 28, appears to confirm pregnancy as she shows off her bare baby... Selena Gomez suffers awkward blunder on stage while presenting award BAFTAs 2025 full list of winners: Mikey Madison and Adrien Brody scoop top gongs, The Brutalist and Best... Zoe Saldana is pulled off camera during expletive-laden speech as she breaks down in tears while accepting... Kylie Jenner and Timoth\u00e9e Chalamet can't keep their hands off each other at the BAFTAs after she skipped the... Ariana Grande puts on a showstopping display in a blush pink and black gown as she joins busty Selena Gomez 50: Kim Kardashian, Scarlett Johansson and Sabrina Carpenter lead the best dressed stars on the red... Keir Starmer flies into a storm! Anger as rejects calls for an urgent boost to defence spending ahead of... Military chiefs tell Keir Starmer they need a 'national arsenal' of futuristic weapons or risk going to war... 2/16/25, 11:53 College professor offered to give female student good grades if she agreed to have sex with him | Daily Mail Online 39/40 Sitemap Archive Video Archive Authors Topics Index Mobile Apps Screensaver Text-based site Reader Prints Our Papers Top of page Daily Mail Mail on Sunday This is Money Metro Jobsite Mail Travel Mail Subscriptions Help & FAQs Published by Associated Newspapers Ltd Part of the Daily Mail, The Mail on Sunday & Metro Media Group dmg media Contact us How to complain Leadership Team Advertise with us Contributors Terms Subscription Terms & Conditions Do not sell or share my personal information About MailOnline Privacy Settings Privacy policy & cookies Labour's raid forced a teenage girl, 13, out of private school and now council has to fund her \u00a38,000... Man from isolated indigenous tribe returns to Amazon rainforest after brief contact with outside world Trump tells Netanyahu to 'do whatever you want' regarding ceasefire deal after imposing strict deadline to fans go wild as Trump whips around Daytona 500 in the Beast but not everyone is delighted All the Oval Office decor changes Trump has made\u2026 including a controversial presidential portrait swap-out Jeremy Clarkson says he'd rather have lead our country than Starmer... and blasts Gen Zs Celebrity Traitors 'is thrown into chaos as stars pull out weeks before filming commences on the series' The purrrfect journey! Meet the adventurous cat who took a train into London alone - leaving its owner... TikTok influencer reveals what $30k Super Bowl ticket gets you... including secret speakeasy and tomahawk... Shakira hospitalized after suffering abdominal issues as she announces cancellation of Peru concert Jimmy Mizen's killer 'posts new rap video on TikTok' despite him being recalled to prison for at least a Back to top Home News Royals U.S. Sport Showbiz Femail Health Science Money Travel Podcasts Shopping 2/16/25, 11:53 College professor offered to give female student good grades if she agreed to have sex with him | Daily Mail Online 40/40"} |
7,721 | Charles C. Doyle | University of Georgia | [
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] | {"7721_101.pdf": "3477c1a0551e.html Documents detail second case of sexual harassment Carolyn Crist Feb 18, 2008 After an associate professor was twice found in violation of the University's harassment policy, female students continued to log complaints against him but he received no further punishment from the University. Charles C. Doyle, associate professor in the Department of English, was found in violation in February of 2001 and 2002, according to documents obtained by The Red & Black through an open records request. The documents further reveal complaints in September 2002, February 2004 and November 2004 against him that did not violate the policy. He was found in violation for sending e-mails to female students that they said made them feel uncomfortable. Doyle was placed on a two-year probation and agreed \"not to initiate any electronic communications with students.\" But two years later, Doyle was told a comment he accidentally posted on an English department listserv to a female student \"violates the terms of the Feb. 8, 2002 agreement you reached with me concerning sexual harassment charges against you,\" Elizabeth Bailey, associate director for Legal Affairs, wrote in an e-mail to Doyle in February 2004. Despite violating the \"agreement,\" there are no recordings of Doyle receiving punishment. The final complaint, filed in November 2004, details a secondhand accusation that Doyle sent \"inappropriate emails ...flirtatious emails\" to a female undergraduate student. Doyle \"denied emphatically\" he sent the e-mail, and Bailey \"advised no further action unless stud. came forward,\" according to the documents. Bailey said the opposite Jan. 30 in an interview with Red & Black reporters. \"We wouldn't make a student come forward and file a complaint necessarily,\" she said. \"If get enough information from someone that is enough for me to go forward to investigate something, I'm going to do that.\" 2/16/25, 11:55 Documents detail second case of sexual harassment | News | redandblack.com 1/6 In an e-mail to The Red & Black Friday, Doyle responded to the various complaints. \"In none of the cases, according to the testimony (as Bailey relayed it to me), did any student feel threatened - sexually or in any other way - by me,\" Doyle wrote. \"Rather, in the first two cases had made offhand, joking remarks that the students who filed the complaints found offensive like my students, and try to be considerate of their sensibilities (which, of course, I'm not always even aware of), but obviously failed in those two instances.\" First complaint Doyle's first violation stems from e-mails that made a female student \"uncomfortable in (her) educational environment, particularly when he made several sexual remarks\" according to a letter from Bailey. Bailey \"recommended a sexual harassment training video\" for Doyle. E-mails began when Doyle sent a message to his student saying \"Merry Xmas -Charlie Doyle\" on Dec. 21, 2000, according to documents. Doyle started signing the e-mails \"love\" after the woman replied to his e-mail signing \"love.\" The e-mails escalated. \"Good luck on the (Dance) Marathon! Will it feature galliards and pavans and minuets? Hey, if come to watch and you are there in a G-string dancing around a pole may get embarrassed (or may get intrigued!),\" Doyle wrote Feb. 1, 2001. \"Hey, How's things in your beautiful young life?\" he wrote a week later. The woman responded 26 minutes later. \"Dr. Doyle appreciate all that you have done for me as my professor for a year, but am starting to feel a little uncomfortable with your frequency of contacting me hope that you understand.\" Doyle wrote back the next day. \"I'm really sorry have made you feel uncomfortable! You are somebody whom like and admire a great deal, as a student and as a person. Since you presumably won't be my student any more . I'd started thinking of you as a (casual) friend.\" 2/16/25, 11:55 Documents detail second case of sexual harassment | News | redandblack.com 2/6 After Bailey met with Doyle to address the student's complaint, he wrote Bailey a follow-up letter cannot believe that (she) imagines that simply started contacting her out of the blue! In fact, we were sort of friends, in an non-curricular fashion - a casual, friendly, teasing, e-mail-chatting relationship such as have with many former students, colleagues, and others,\" he wrote in the documents. Second complaint second student said Doyle \"made inappropriate comments of a sexual nature, via electronic communication, that made her uncomfortable in her learning environment,\" Bailey wrote Feb. 8, 2002. Bailey \"determined that there is evidence that you did engage in inappropriate behavior in violation of the University's sexual harassment policy,\" and \"determined that this is a matter that can be resolved informally\" if he agreed to a two-year probation, documents show. For probation, Doyle was required to meet with Howard N. Hilton, then the English Department head, to review his \"conformity\" to the policy. He had to attend a sexual harassment training session and could not initiate e-mail communication with students, documents state. According to the records, Doyle sent the following e-mails to the female student: On Oct. 9, 2001, he wrote, \"Somehow wouldn't have guessed you are a dancer. But then, if you are an EX- Christian . When imagine you dancing, on the basis of your description, all can envision is 'Flash Dance.' Is what you do? (Those are quite picturesque imaginings must say!)\" On Oct. 19, 2001, he sent an e-mail stating, \"My dear loved reading your meditation on the various songs - even though you positively bristled at me for wondering (parenthetically) whether you live in a sorority house (hey of hot blonde chicks live in sorority houses; some of them are even smart)! ... Have you eaten at Weaver D's . If you haven't, I'll treat you to lunch there sometime (maybe next semester).\" On Oct. 22, 2001, he wrote, \"It was spectacular: From where was sitting during the test this morning ... all could see of you was a profusion of golden hair cascading into the aisle!\" In an e-mail sent Jan. 22, 2002 - the same day as a meeting between Bailey and Doyle - Doyle wrote to Bailey, \"You mentioned that many students don't know how to have an out-of-class friendship with a 58-year-old professor think maybe the age-gap is the reason it didn't sufficiently occur to me that a student might 2/16/25, 11:55 Documents detail second case of sexual harassment | News | redandblack.com 3/6 take seriously anything flirtatious-sounding in my communications - such rhetoric as might use in chatting with my numerous nieces and off-campus friends between the ages 10 and 60 (of course, the difference is that they me, and my intentions).\" In a Jan. 31, 2002 letter to Bailey, Doyle explained the inconvenience of not being able to communicate with students by e-mail: \"Besides, it would hardly be reasonable, if am a threat to students, to require me to do all my communicating with them in person, in the privacy of my office!\" After the sexual harassment training session, Doyle wrote an e-mail to Bailey to complain the video did not sufficiently explain harassment, documents show. Third complaint The third complaint against Doyle referenced his teaching style and came while he was on probation, according to documents. \"Doyle made inappropriate sexual comments during his class,\" a female student said to Bailey. Following the complaint, Bailey wrote to Hilton and recommended in a September 2002 e-mail the \"matter should be handled at the departmental level instead of through the University's sexual harassment procedures.\" According to the documents, Bailey noted several comments the student said Doyle made in class, including, \"play like woman - more than one climax,\" in Hamlet \"'play me like a pipe' means 'suck my dick' and (Doyle) went on and on about that phrase,\" a \"fig. looked female genetalia (sic) - Anthony and Cleopatra\" and \"taking her 'hard and fast' referring to two characters.\" Doyle was found not in violation of the policy as an \"academic freedom issue,\" Tom Jackson, vice president for public affairs, said Friday in an interview. Doyle wrote an e-mail to The Red & Black Friday. \"That is the kind of complaint which, even if it is not pursued ardently by the Legal Affairs office, threatens academic freedom and the quality of teaching,\" Doyle wrote. Fourth complaint 2/16/25, 11:55 Documents detail second case of sexual harassment | News | redandblack.com 4/6 The question of inappropriate e-mails reappeared in early 2004 after Doyle sent a personal message to a female student on a public forum, documents state. \"You looked heart-wrenchingly beautiful strolling briskly down the Lumpkin hill this afternoon! Hope you're having a good mid-week . Love, Charlie,\" he wrote in an e-mail on the English graduate students' listserv on Feb. 18, 2004. Bailey noted on a printed copy of the message that the comment was \"borderline for trigger. further discip. action.\" The next day Doyle wrote to Hilton: \"In the first place, my period of 'probation' (with the strictures appertaining to it) is over. In the second place, there was obviously no 'sexual' content in my note, and no 'harassment.' (The student) is a close friend - perhaps something like a daughter to me.\" \"She and her boyfriend occasionally socialize with my wife and me, and we (in turn) have dined with them and with various members of her family.\" Bailey responded on Feb. 23, 2004. \"If you review the letter, it is clear that the two year probation is a separate and distinct provision from the one dealing with electronic communications. Therefore, you must not 'initiate electronic communications with students,'\" Bailey wrote in an e-mail. The female student spoke with Alexis Hart, then adjunct and assistant director of the writing program, about Doyle, documents show. Hart wrote an e-mail on Feb. 24, 2004 to Hilton, saying: \"She (the student) stated that she was previously unaware of the boundary that was being crossed in her correspondence and friendship with Dr. Doyle but that seeing such correspondence through the eyes of others made her realize that such personal remarks were inappropriate. She is anxious to clear the air and put an end to this kind of correspondence, but she told me she would be uncomfortable addressing Dr. Doyle directly, so suggested that she go to you.\" Hilton responded Feb. 27, 2004 to Hart after a meeting the student had with Doyle. \"Dr. Doyle then stated that he wished he could do something to make the situation better but that he did not think a public apology would be worthwhile, that public evisceration wasn't legal and that he might think about resigning, but he could not afford to do so,\" Hilton wrote. 2/16/25, 11:55 Documents detail second case of sexual harassment | News | redandblack.com 5/6 Fifth complaint The final complaint was raised by a graduate student in the Classics department who said Doyle gave her gifts, including animal crackers, and wrote a note, saying, \"You are so beautiful,\" documents record. The student met with Nancy Felson, a Classics professor, on Nov. 4, 2004 to report a complaint. The student said an undergraduate female \"had gotten inappropriate emails (last spring) flirtatious emails.\" Bailey met with the graduate student and noted on Nov. 11, 2004 the student \"felt uncomfortable,\" \"spoke with him (Doyle) a couple of times\" and that Doyle was \"leaving things on [her] desk, food\" approximately five times. One time, the documents note, Doyle said she \"looked like an elf,\" and the student said she was \"disgusted.\" Later, Doyle responded to her and told her he didn't mean to offend her, according to the documents really think your (sic) beautiful,\" he said. As with the previous three complaints, there is no documentation of punishment against Doyle. Despite the controversy, Doyle said he will continue to relate to students in the same way, he wrote in an e- mail to The Red & Black. \"Even though the accusations a few years ago, and their prosecution, proved devastatingly dejecting (and, now, their revival have tried not to be 'chilled' in the way do my teaching,\" he wrote. 2/16/25, 11:55 Documents detail second case of sexual harassment | News | redandblack.com 6/6", "7721_102.pdf": "No. 62 August 2005 1026-1002 Urban Legend from 1925 (Jan Harold Brunvand) Chinese Restaurant Legend Still Alive as a Rumour (David Main and Sandy Hobbs) Recently In The British Press (Jill Clayton) Alan Dundes (1934-2005) (Gillian Bennett) Publications News \"Urban Legend\" from 1925 Jan Harold Brunvand University of Utah (retired) Charles C. Doyle of the University of Georgia, USA, recently discovered the earliest usage of the term \"urban legend\" that has so far been found. This reference, which he forwarded to me, deserves to be more widely known. An unsigned editorial published in the New York Times for December 6, 1925 (page E12), titled \"Europe's Population Growth,\" begins: \"The contrast between an under-populated United States and a Europe over-populated has just been drawn by a distinguished visitor to this country.\" The article goes on to suggest that these population trends, if they continue, are not due to \"a reckless birth rate,\" but rather to \"the death rate that is being cut down.\" The mistaken notion of the causes of these population trends are dubbed \"legends,\" evidently using the term in the sense of \"misinformation.\" The third paragraph of the article begins: \"Around the subject of population there has been a growth of popular legend hard to remove. Great Britain illustrates the urban legend.\" Later in the article the term \"legend\" occurs once more: \"France has furnished the most widely disseminated legend about population increase.\" It seems that we may have here a possible argument for using \"urban legend\" rather than \"modern legend\" or \"contemporary legend\" for our subject area: \"urban legend\" has been around a lot longer than we ever suspected. Chinese Restaurant Legend Still Alive as a Rumour David Main and Sandy Hobbs, University of Paisley 2/16/25, 11:55 (Type a title for your page here) 1/10 At the first international seminar on contemporary legends, Paul Smith presented a paper dealing with what he termed \u201cwhen legend becomes rumour\u201d (Smith, 1984). The legend in question was the widespread one involving food contamination, known variously as the Kentucky Fried Rat (Fine, 1980) or The Chinese Restaurant (see Note 1). Paul Smith described a situation that occurred in 1981 in which a fast food outlet suffered as a result of the \u201clegend\u201d becoming a \u201crumour\u201d attached specifically to that shop. We have recently come across two cases where once again, over twenty years later, the legend has become a rumour to the annoyance and possible disadvantage of the restaurants concerned. Scotland Under the headline \u201cDog meat rumours frighten off diners\u201d, the Edinburgh Evening News, Thursday 25th September 2003, reported that \u201ccustomers are deserting\u201d two of the city's most popular Chinese restaurants. China China and Chinois. The reason given is that stories are circulating that \u201ccarcasses of cats and dogs had been seen in the fridges at China China in Antigua Street and Chinois in the Omni centre\u201d. It is suggested that the stories have been spread largely by e-mail. Restaurateur Toby Tang was quoted as saying that on the previous Monday the Chinois had had only about 125 customers compared with the normal figure of 250. He also asked people to imagine how many cats and dogs would be needed to match the vast quantity of chicken meat his restaurant actually used every week city environmental health spokesman was quoted as saying \u201cThis is an urban myth\u201d. However, Mr Tang expressed the view that a rival restaurateur was spreading the story in order to sabotage his successful business. Namibia An internet search led us to discover that an item headed \u201cDog days for Chinese restaurants\u201d in The Namibian, Wednesday 15th October 2003. The story is similar but not identical. Two Chinese restaurants were again involved. The managers of one of them, the Yang Tze, complained that a press story about another restaurant, the China Grand, was causing them difficulties. The press story referred to a dead dog being found at the China Grand. This had led Yang Tze customers to ask questions about the menu. The Yang Tze managers seemed to leave open the possibility that their rival restaurant did serve dog by saying \u201cWhether they've done it or not, it's not our problem\u201d. However, the manager of the China Grand was \u201cadamant\u201d that no dog was found on her premises and denied that her restaurant served dog. The City of Windhoek Health Division had apparently inspected the restaurant and found it complied with health regulations. It was the case, however, that a dead dog had been found on the restaurant porch. This may have been sufficient to give renewed vigour to the Chinese Restaurant legend. Other internet sources suggest that the eating of cats and dogs continues to exercise the popular imagination. Some examples follow: \u201cMoggy on the menu\u201d deals with \u201cfrequent myths\u201d about \u201cBritish ethnic restaurants\u201d. Despite the title both dogs and cat stories are discussed. \u00b7 It is \u201cunlikely\u201d that cat carcasses found at Royal Holloway College were intended for human consumption. \u201cChinese cat eating, private vice or public menace\u201d, an article originally appearing in the newsletter of the Inquiring Skeptics of Upper New York. According to this paper, the Chinese do eat cats but it is \u201ca very rare practice\u201d. \u00b7 No charges are to be brought against a Chinese restaurant where four coyote carcasses were 2/16/25, 11:55 (Type a title for your page here) 2/10 discovered in a freezer. Yet another sign that the legend is alive and well is to be found in a volume of autobiography, where it is given a slightly unusual twist: \u201cWhen lived in Dublin, food inspectors closed down the local Chinese takeaway after finding half a butchered Alsatian in the kitchen. It re-opened soon after, the owners having argued they would never waste perfectly good dog on the Irish, but reserved it for the family.\u201d (Baxter, 2002, p 217) Note 1 The story was covered in several items appearing in the journal Lore and Language in the 1970s. In the first, No. 6, January 1972, Paul and Georgina Smith asked for information on a tale \u201cwhich is usually told of a local restaurant \u2013 often Chinese\u201d. In No. 7, July 1972, the tale, still unnamed, is referred to as \u201cusually told of a local Chinese restaurant\u201d. Versions from 13 different locations had been submitted. Graham Shorrocks contributed a further version of the still unlabelled tale in No. 8, January 1973. When E. E. Cawte contributed a further version to No. 9, July 1973, it appeared under the heading \u201cChinese Restaurant Story\u201d. That name was employed in Bennett and Smith's Contemporary Legend Folklore Bibliography (1993) where the earliest publication cited is a British magazine article of 1965. References 1. Baxter, John (2002 pound of paper: Confessions of a book addict. London: Doubleday. 2. Bennett, Gillian and Smith, Paul (eds.) (1993) Contemporary legend folklore bibliography. New York: Garland. 3. Gary Alan (1980) The Kentucky Fried Rat: Legends and modern society, Journal of the Folklore Institute, 17, 222-243. 4. Smith, Paul (1984) On the receiving end: When legend becomes rumour, pp197\u2014215 in P. Smith (ed.) Perspectives on contemporary: Proceedings of the conference on contemporary legend, Sheffield, July 1982. Sheffield: CECTAL. Recently in the British Press Jill Clayton British readers could recently have read several articles of contemporary legend interest. Here's a sample ... The Independent of Saturday 26 March carried a two-page spread field guide to the mystery beasts of the British Isles\u201d, subtitled, \u201cAn 'attack' in Sydenham is just the latest sighting of an alien Big Cat on these shores\u201d. Sieveking lists The Benbecula Mermaid (Scotland 1830), The Loch Ness Monster (Scotland 1933 to presentday), The Sdobhar-Chu (Ireland 1722), Winged Snakes (Wales 1909), The Black Dog of Bungay (England 1577 onwards), The Owlman (England 1976), The Beast of Brassknocker Hill (England 1979), The Beast of Sydenham (England 2005), The Beast of Bodmin (England 1992), and the Surrey Puma (England 1963). Read all about it pp 24-25. Illustrated in colour by Kate Charlesworth. Useful text by Paul Sieveking gives information on these sightings and other similar ones. The Guardian of Saturday 25 June (p. 7) carried an article with the title \u201cHow the media whipped up a witch- hunt\u201d and the subtitle \u201cDespite the lurid headlines, police dismiss claims of child sacrifice\u201d. Drawing attention to headlines such as \u201c'Witch kids abused in the name of God\u201d and \u201cChildren sacrificed in London churches,\u201d journalists Ian Cobain and Vikram Dodd looked into claims that the Metropolitan Police had investigated the ritual abuse of African children and found that significant numbers had endured violent exorcisms or had been brought to Britain for the purposes of being sacrificed in bizarre rituals. In other words, here was the latest in a long series of claims of ritual child-killings leading to the blood libel 2/16/25, 11:55 (Type a title for your page here) 3/10 legend and beyond. Unsurprisingly, Cobain and Dodd found that no such investigation had been conducted by the police, there was scant evidence for the abuse of African children, and the police had come across only one case of probable child sacrifice. \u201cHowever,\u201d Cobain and Dodd wrote, \u201cmedia fascination with the 'exorcism scandal' continued ... reaching an almost hysterical pitch and leaving one police officer feeling he was 'in the middle of a medieval witch-hunt'. Others wondered whether they were edging towards 'another Orkneys'\u2014an alleged child abuse scandal ... that never was.\u201d The paranoia, it seems, had resulted from the misunderstanding of a report into the beliefs of ethnic minorities in east London. The evidence really only related to what people believed had happened or might happen, or to what other people might believe happened, but that wasn't how some sections of the press preferred to understand it. Anyway, a team of detectives got to work investigating recent child abuse cases to try to assess whether any of them did indeed bear evidence of ritualistic violence, and have come to the conclusion that such cases are very rare indeed. As an example, Cobain and Dodd quote figures from one London borough, Haringey. In the past two years social workers have reported 6 thousand instances of children at risk or in need. Among this 6,000 there have 650 children in high need of protection, many of whom had suffered serious physical or sexual abuse. However, only two of these cases could indicate ritual abuse. The newspaper report concludes with an observation from an African pastor in London. It isn't gullible people who are to blame, he says, \u201cbut a gullible press\u201d. The third article comes from the Guardian of 28 May On page 3 journalists Justin McCurry and John Agliony, reported the case of two \u201cJapanese men, both in their 80s, who say they have been in hiding since the second world war\u201d. Under the headline \u201c60 years after the war ends, two soldiers emerge from the jungle\u201d, the reporters tell how the old men: \u201cSaid they had been hiding on the island of Mindanao, which is 600 miles from Manila, since before the end of the second world war. The Kyodo news agency identified them as Yoshio Yamakawa, 87, and Tsuzuki Nakauchi, 85, and said they were former members of a division whose ranks were devastated in fierce battles with forces towards the end of the war. The soldiers had remained in the jungles and mountains since then, possibly unaware that the war had ended 60 years ago, and afraid that they would be court-martialled if they showed their faces again\u201d ... The story had begun a little earlier when a Japanese mediator for a veterans' group who was on Mindanao searching for the remains of former soldiers told the Japanese embassy in Manila that he had been contacted by the men. Apparently negotiators and former soldiers regularly travel to the Philippines to investigate such reports. Needless to say, Yoshio and Tsuzuki failed to show up. The reporters speculate that they might have been scared off by the media attention, but a representative of the Japanese consulate on Mindanao was less gullible. \u201cWe always have rumours about war veterans turning up alive in remote parts of the Philippines, \u201c he said, \u201cBut this time the story seemed more credible. We had someone who promised us concrete information, a meeting on a certain day. So we took it more seriously\u201d. And finally, just a snippet from the \u201cIn brief\u201d column Guardian of 15 April (p 17), \u201cNew bugs form the axis of weevil really hope this is for real!: \u201cThree of several newly discovered species of the genus Agathidium (Slime mould beetle) now carry the names A.bushi, A.cheneyi and A.rumsfeldi after prominent politicians.\u201d Alan Dundes (1935-2005) Gillian Bennett Alan Dundes's many admirers will be saddened by his sudden death on 30 March of this year. Dundes was a formative figure in the study of contemporary legend. One of his most influential contributions to folkloristics was his championship of psychoanalytical approaches to the materials of folklore, and in his paper for Wayland Hand's 1971 compilation, American Folk Legend Symposium, he applied this approach to contemporary legend. Throwing down the gauntlet in typically blunt fashion, he argued that: \u201cIt is difficult to think of any area of folklore research which has continued to be as sterile and unrewarding as the study of legend ... folklorists have failed to convince anyone, including themselves, of the significance and relevance of legend 2/16/25, 11:55 (Type a title for your page here) 4/10 with respect to the ultimate goal of understanding the nature of man\u201d (1971, 22). Using well-known stories, he set about legend scholars who had in his opinion given inadequate interpretations of both the genre and individual stories. Linda D\u00e9gh, in particular, came in for some severe criticism for her handling of the teenage horror story \u201cThe Hook\u201d in her 1968 article, especially for her suggestion that its function is to provide thrills for tellers and hearers. For Dundes it is obviously a girls' story revealing fear of sex; he sees the hook of the title as a phallic symbol and the ripping off of the hook in the car door as a symbolic castration by the fearful female (1971, 29-30). Interestingly, in her contribution to the same volume D\u00e9gh used the same legend as an illustration for her psycho-social approach to the study of legend, arguing that \u201cThe Hook\u201d is a boys' story, designed to scare a girlfriend so she \u201cwill draw closer, seeking protection from the 'fearless' male\u201d (1971, 66). Overall, subsequent events have shown that a broadly D\u00e9ghian approach has triumphed in modern contemporary legend research, but Dundes stuck to his guns and continued to produce closely reasoned psychoanalytic interpretations of folklore and legend. The paper on \u201cThe Hook\u201d was reprinted as a chapter in his 1975 edited compilation Analytic Essays in Folklore, and in a chapter of his 1980 Interpreting Folklore he used the same paradigm to examine three other familiar contemporary legends, \u201cThe Stolen Corpse\u201d, \u201cThe Cadaver Arm\u201d and \u201cThe Castrated Boy\u201d. He returned to the attack more recently in his analysis of the teenage story-cum-rite, \u201cBloody Mary in the Mirror,\u201d in his 2002 book of the same name. Once again he lambasted not only those who \u201cchurn out anthology after anthology of 'texts only' without attention to context or possible meanings\u201d but academic folklorists \u201cwho despite pretentious debates ... or exaggerated claims .... do little more than report folkloristic texts totally devoid of the slightest hint of thoughtful commentary\u201d (2002 76). Examining ten texts collected in California he argued that it was \u201cabundantly clear that this girls' ritual has something to do with the onset of the first menses,\u201d thus emphasising the blood angle of the story rather than the ghost angle. This analysis was extended to discuss the more familiar legend of the \u201cVanishing Hitchhiker\u201d (87-89) and Dundes argued that this, too, \u201cmight possibly have something to do with the transition from girlhood to womanhood.\u201d \u201cIf we see the legend in metaphorical terms,\u201d he writes, \u201cthen we can appreciate it as a symbolic morality narrative, a cautionary tale girl who hitch- hikes, that is, allows herself to be 'picked up' by a perfect (male) stranger, runs the risk of losing her virtue (signaled by the wet blood spot in the car's backseat, a well-known locus of teen-age and even pre-teen necking and petting)\u201d (89). His most controversial example of the application of psychoanalytic concepts to legend is his essay on the Blood Libel, \u201cThe Ritual Murder or Blood Libel Legend Study of Anti-Semitic Victimization through Projective Inversion,\u201d published first in Temenos in 1989 then reprinted in his 1991 casebook on the legend. His theory is that the cause of the Blood Libel Legend is \"the Christian need for a scapegoat\" to transfer religious guilt for central beliefs and practices such as the Eucharist. \"Although Jews did not kill Jesus (. . . the Romans did) Christian folklore insists that the Jews were Christ-killers,\u201d he asserts. \u201cIn this context the blood libel is simply another example of the same kind of Christian folklore. Christians blame Jews for something the Christians needed to have happened.\" Thus it can be understood through the psychoanalytical concept of \"projective inversion,\" the accuser's trick of displacing his/her own fears and desires onto the accused (1989, 18). Lacking the psychoanalytical structure but drawing attention to the multiplicity of media that contemporary legend can be found in, one should not forget the collections of photocopied joke-sheets that he compiled with Carl Pagter between 1975 and 1996. Contemporary legend students and researchers may find joke versions of, among others, the \u201cSurpriser Surprised\u201c and legends about toothed vaginas. Dundes's published online at <adundes.cv> gives a complete listing of his books and articles (14 pages of it). More than 250 articles are listed in such journals as Arv, Journal of American Folklore, Asian Folklore Studies, Journal of Folklore Research, Western Folklore, Southern Folklore, Folklore, International Folklore Review, Zeitschrift f\u00fcr Volkskunde, Studia Fennica, American Speech, American Imago, Modern Fiction Studies, Modern Language Notes, French Review, Germanic Review, American Anthropologist, Man, Natural History, Annals of Scholarship, Ethnohistory, Elementary English, etc. Dundes was a contributor to the Book of Knowledge, Worldbook Encyclopedia, and the Encyclopedia Britannica on such subjects as folklore, American folklore, superstition, primitive mythology, and so on. His books include: The Morphology of North American Indian Folktales (1964); Analytic Essays in Folklore (1975); Interpreting Folklore (1980); Parsing Through Customs (1987); Cracking Jokes (1987); Folklore Matters (1989); Two Tales of Crow and Sparrow Freudian Folkloristic Essay on Caste and Untouchability (1997); and Holy Writ as Oral Lit: The Bible as Folklore (1999) References Cited 2/16/25, 11:55 (Type a title for your page here) 5/10 1. Linda. \u201cThe Hook.\u201d Indiana Folklore 1.1 (1968): 92-100. 2. 3. Dundes, Alan. 1971. \u201cOn the Psychology of Legend.\u201d In American Folk Legend Symposium, edited by W. D. Hand. Berkeley, Los Angeles and London: University of California Press. 4. \u20141975. Analytic Essays in Folklore. The Hague/Paris/New York: Mouton. 5. \u20141980. Interpreting Folklore. Bloomington: Indiana University Press. 6. \u20141980. \u201cProjection in Folklore Plea for Psychoanalytic Semiotics.\u201d In Interpreting Folklore. 7. \u20141989. \u201cThe Ritual Murder or Blood Libel Legend Study of Anti-Semitic Victimization through Projective Inversion.\u201d Temenos 25:7-32. 8. \u20141991. The Blood Libel Legend Casebook in Anti-Semitic Folklore. Madison and London: University of Wisconsin Press. 9. \u20142002. Bloody Mary in the Mirror: Essays in Psychoanalytic Folkloristics. Jackson: University Press of Mississippi,. 10. Dundes, Alan, and Carl R. Pagter. 1975. Urban Folklore from the Paperwork Empire. Austin: University of Texas Press. 11. \u20141987. When You're Up to Your Ass in Alligators: More Urban Folklore from the Paperwork Empire. Detroit: Wayne State University Press. 12. \u20141991. Never Try To Teach Pig To Sing: Still More Urban Folklore from the Paperwork Empire. Detroit: Wayne State University Press. 13. \u2014996. Sometimes the Dragon Wins: Yet More Folklore from the Paperwork Empire. Syracuse: Syracuse University Press, Publications News Members are invited to send in book notices, information and/or book reviews on the understanding that these will be printed only at the editor's discretion and only contemporary legend topics will be considered. Review *Once Upon Virus Legends and Vernacular Risk Perception, by Diane E. Goldstein. Logan: Utah State University Press, 2004. 200pp. 1 illus. $ 19.95 pbk, $39.95 hdbk pbk 0-87421-587-0, hdbk 0-87421-586- 2 The blurb for this book announces that it: \u201c[R]epresents not only a significant contribution to folklore research in the areas of narrative, legend and belief but also a work that will add a hitherto undocumented dimension to discourse concerning AIDS,\u201d with implications for public health policy. This is no exaggeration. It is impressively well researched, scholarly, thoughtful and humane. Its dominant theme is most fully expounded in the final chapter entitled \u201cOnce upon a virus: Public health and narrative as a proactive form.\u201d Throwing down the gauntlet not only to those who think that contemporary legends are trivial but also to those who think that they are indiscriminately accepted by gullible tellers, the author roundly asserts that the stories she has presented and discussed: [A]re not just entertaining tidbits of dinner conversation but rather the incredibly powerful narrative core of personal and collective action. This is not to say that we are slaves to the stories we hear, going out and enacting each narrative plot or including all narratives uncritically in the body of information we hold to be true. But the narratives we hear dovetail with our cultural life, becoming slotted in holes in information, explicating unresolved issues, challenging unpopular dominant constructions, asserting the importance of cultural truths in the construction of health truths, and forming the basis of crucially important health choices (157). These are bold claims. However, each one is justified in the preceding chapters. Excluding the brief Introduction, 2/16/25, 11:55 (Type a title for your page here) 6/10 there are seven in all. Chapter 1, \u201c'Tag, you've got in folklore and legend\u201d begins with a brief overview of jokes, legends and children's games involving references, then at greater leisure explores the context in which the author's material was collected (Newfoundland in the 1980s and '90s). Chapter 2, \u201cBad people and body fluids: Contemporary Legend and discourse,\u201d opens with a thorough, authoritative and level-headed discussion of the nature of contemporary legends. The author goes on to consider ostension and health behaviour (28-30), vernacular concerns about health (30-34), emergent meanings (34-39), tainted food and contaminated space (39-45) and the deliberately infecting Other (45-49). The chapter ends with sections on \u201cthe numbers game\u201d which discusses the way statistics are inflated the moment they become part of legend discourse, and a consideration of conspiracy theories (49-54). Chapter 3, \u201cMaking sense: Narrative and the development of culturally appropriate health education,\u201d considers the problems health educators face in getting the risk-reduction message across\u2014and the mistakes which they have made and continue to make. At the heart of the author's discussion is the belief that their knee-jerk reaction to popular health understandings is counter-productive. \u201cIt is important,\u201d the author suggests, \u201cif we are to understand lay health belief, that it not be interpreted a priori as a threat to health safety.\u201d There something preventing the message getting across, but it isn't necessarily popular health beliefs. Lay people may well hold inaccurate beliefs about sickness and health alongside the received medical view, but the real concern should be that this \u201csuggests a larger health worldview that educators are not understanding\u201d (61). Thus the responsibility for the failure of public health campaigns to some extent lies with the campaigners themselves. It is the author's belief that the stories people tell about sickness and health encode \u201ccultural values, explanatory models, and social relations\u201d. Therefore, legends about will reveal how they try to make sense \u201cin and of\u201d health education (76). Thus chapter 4 considers \u201c\u201dWhat exactly did they do with that monkey anyway?\u201d: Contemporary legend, scientific speculation, and the politics of blame in the search for origins\u201d; Chapter 5 is entitled Welcome to the innocent world of AIDS: Cultural viability, localization and contemporary legend\u201d; Chapter 6 is \u201c'Billy Ray Virus': The folk creation and official maintenance of a public health scapegoat\u201d and chapter 7 is \u201c'Banishing all the spindles from the kingdom': Reading needle-prick narratives as resistance.\u201d The \u201cmonkey\u201d of the title to chapter 4 is the African green monkey that\u2014alongside primates of various other origins and colours (blue monkeys, red monkeys, green-eyed monkeys, chimpanzees, baboons, tree monkeys and rhesus monkeys), fleas, mosquitoes, cockroaches, sheep and gerbils\u2014was supposed to have initiated the epidemic (81). The chapter considers these and other origin theories. Many of these are very wild. Hence on p 86 we read that one of the author's respondents told her: I've heard many origin stories, The first one heard was about a sailor whose ship stopped over in Africa and the sailor had intercourse with a baboon. The second story apparently happened in South America\u2014Cuba think, or in Mexico man had intercourse with a sheep. He was a shepherd. Other speculations centre on laboratory-experiments-gone-wrong (91-100). These include a plot to reduce the population of Africa \u201celiminating a threat to the USA\u201d (96), \u201csome sick scientist [who] invented it to curb the sexual activities of the populations of the world\u201d (96) and \u201cone of Hitler's mad schemes gone awry. His scientists developed a virus to attack the enemy who in his opinion were full of homosexuals. The virus would kill off the army. The plane used to transport the virus crashed in Africa\u201d (95-96). As the author says (98), these stories highlight concerns about \u201cmedicine as warfare, purposeful disinformation, and the withholding of drugs, treatment, and knowledge by those who serve as the gatekeepers of life and death.\u201d They \u201carticulate considerable medical distrust.\u201d Chapter 5, \u201cWelcome to the innocent world of AIDS,\u201d a version of which may be found in Contemporary Legend vol 2, is a fine documentation of how and why one particular variant of the familiar legend, \u201cWelcome to the wonderful world of AIDS\u201d (more commonly known in Britain as \u201cWelcome to the club\u201d), should have succeeded in Newfoundland when its predecessor aroused little or no interest. Chapter 7, \u201c'Banishing all the spindles from the kingdom'\u201d considers the legends of deliberate infection that took over when the \u201cWelcome ...\u201d legends began to fade. These are the stories so widely circulated on the internet warning the general public of the dangers of infected needles in cinema seats, or of mad dancers who inject others with serum in nightclubs. The author reads them as narratives of resistance to the received wisdom of the health educators. The stories assert that the danger is not in the bedroom at all, but \u201cout there\u201d, where we are all vulnerable but we'll take our chances. Good as this and other discussions are, it is perhaps Chapter 6 that most readers will find particularly interesting. 2/16/25, 11:55 (Type a title for your page here) 7/10 Based on wholly new material, it is a fascinating study of one particular case where Newfoundlanders were confident that they had found the source of all the infection in the province\u2014Ray Mercer, a 28-year-old man from Upper Island Cove. Mercer was tried in 1991 under the Common Nuisance section of the Criminal Code for endangering the lives, safety or health of the public through unprotected sex while knowingly carrying the virus. He was found guilty and sentenced to two and a half years in prison, later increased on appeal to eleven years and three months (117). Goldstein had been involved in the early stages of the investigation when she had been contacted by the Senior Crown Prosecutor who was smart enough to realise that he needed a folklorist's input. She uses this position as a quasi-insider to give a detailed account of the way both the scandal and the court case developed showing how the \u201cWelcome ...\u201d legend was a kind of \u201c'master narrative' poised to leap into interstitial gaps in knowledge and comprehension\u201d (116). But she also blends all this with an impressive examination of all the issues\u2014legendary, legal, cultural and medical. In particular, a first-class discussion of the much-used concept of \u201costension\u201d (the way legends provide templates for action), puts forward a hypothesis that resolves the problems of causality, which for many of us has been the central difficulty of this otherwise useful concept. Gillian Bennett Forthcoming October 2005 Organ Theft Legends. By V\u00e9ronique Campion-Vincent. Translated by Jacqueline Simpson. Jackson: University Press of Mississippi. 224pp. appendix. Index. Hdbk $45 1-57806-593-3. In 1987 horrific tales of organ theft that had been circulating in Central and Southern America for years caught the attention of the international media. Soon reports came from all over the planet, rising to a crescendo in the late 1990s. V\u00e9ronique Campion-Vincent describes these narratives in detail and classifies them as three basic types: the bay Parts Story; Eye Thieves, and Kidney heists. She then recounts the social problems that seemed to make these awful legends plausible\u2014trade in human organs bought from the living poor; advances in modern medicine which seemed to blur the lines between life and death; the ills of poverty in the developing world and its consequences; international adoption and real human trafficking. Religious and moral authorities, political campaigns, propagandists, and the media all exploited the legends of organ theft according to their specific agendas. Campion-Vincent reviews the explanations offered by authorities, reporters, and anthropologists and offers her own folklore analysis pointing out the similarities between organ theft stories and the perennial tale of the slaughter of the innocents. Noting the real trials of everyday life in much of the third world and documented cases of illegal trafficking in organs, corpses and children, Campion- Vincent does not dismiss these tales as just another example of urban legends run amok. Instead she offers a nuanced analysis of the connections between traditional horror stories, modern trends, and real events to show how complicated it can be to know the truth of any particular story. These legends still circulate, and variations remain commonplace throughout the world. Campion-Vincent notes, sadly, that the social problems that paralleled the rise or organ theft narratives persist today. Catalogue entry, University Press of Mississippi BODIES: Sex, Violence, Disease, and Death in Contemporary Legends. By Gillian Bennett. Jackson: University Press of Mississippi. 277pp. 1 table. Index. Hdbk. $45 1-57806-789-8. An examination of six gruesome tales in the contemporary legend canon. Because they are so often told as news, contemporary legends force us to revaluate life as we know it. They confront us with macabre, fantastic, horrific, or hilarious characters and events that seem to come straight out of myths and folktales, but are presented as present day events. The difficulty is that it is not at all easy to decide whether these often disturbing stories should be treated as reliable or dismissed as fantasy. The legends explored in this book are some of the most bizarre, gruesome, and politically sensitive stories in the 2/16/25, 11:55 (Type a title for your page here) 8/10 contemporary legend canon. If we believe them we must conclude that our bodies are in constant danger of destruction or defilement. At any moment our corpus may be invaded by noxious creatures, or deliberately infected with deadly disease, or raided to provide donor organs for sick foreigners. Even children's bodies are not safe from predators, and those we love most may seek to destroy us. These are \"winter's tales,\" the stuff of nightmares. But they are potent and important. In this book Gillian Bennett traces the cultural history of six well-known legends that have been current in Europe and America from medieval times to the present day and have appeared in broadsides, ballads, myths, ancient and modern legends, novels, plays, films, television shows, and in stories told in the oral tradition. The book shows that contemporary legends are not just silly tales which can be dismissed as trivial and \"untrue.\" Good stories though they are and embellished with fantastic details, they demonstrate the limits of knowledge and power in the modern world. Catalogue entry, University Press of Mississippi 1. Recently Published Essays and Book Chapters 2. 3. Harold Brunvand. \u201cThe Vanishing 'Urban Legend.'\u201d Midwestern Folklore 30.2 (2004). 4. Thomas Pettitt. \u201cThe Ambivalent Beast in the Liminal Landscape: Categorical Transgression in the Contemporary Legend.\u201d ARV: Yearbook of Folklore 60 (2004): 29-60. 5. Gillian Bennett. \u201c'Towards a Revaluation of the Legend of \u201cSaint' William of Norwich and its Place in the Blood Libel Legend.\u201d Folklore 116 (August 2005): 119-139. 6. Christine Shojaei Kawan. \u201cLegend and Life: Examples from the Biographies of 'A'ishah Bint Abi Bakr, Mary Carleton, and Friedrich Salomo Krauss.\u201d Folklore 116 (August 2005): 140-154. 7. Jacqueline Simpson. \u201cThe Miller's Tomb: Facts, Gossip, and Legend.\u201d Folklore 116 (August 2005): 189- 200. 8. Elizabeth Tucker. \u201cGhosts in Mirrors: Reflections of the Self.\u201d Journal of American Folklore 118 (Spring 2005): 186-203. 9. Langlois. \u201c'Celebrating Arabs': Tracing Legend and Rumor Labyrinths in Post-9/11 Detroit.\u201d Journal of American Folklore 118 (Spring 2005): 219-236. 10. Next Issue Deadline for submissions September 30, 2005. Next issue out October/November 2005 Please Note The email address for contri-butions remains the same despite the change of editor (foaftale-news@aber.ac.uk). 2/16/25, 11:55 (Type a title for your page here) 9/10 FoafTale News (FTN) is the newsletter of the International Society for Contemporary Legend Research. We study \"modern\" and \"urban\" legends, and also any legend circulating actively. To join, send a cheque made out to \"ISCLR\" for US$30.00 or UK\u00a320 to Mikel J. Koven, Department of Theatre, Film and TV, Parry-Williams Building, Penglais Campus, UWA, Aberystwyth, Ceredigion, SY23 2AJ, UK. Institutional rates available upon request. Members also receive Contemporary Legend, a refereed academic journal. Some back issues of are available on-line at while others can be requested from the Editor. FoafTale News is indexed in the Bibliography. This newsletter is called FoafTale News for the jocular term current among legend scholars for over twenty years. The term \"foaf\" was introduced by Rodney Dale (in his 1978 book, The Tumour in the Whale) for an oft-attributed but anonymous source of contemporary legends: a \"friend of a friend.\" Dale pointed out that contemporary legends always seemed to be about someone just two or three steps from the teller \u2014 a boyfriend's cousin, a co-worker's aunt, or a neighbor of the teller's mechanic. \"Foaf\" became a popular term at the Sheffield legend conferences in the 1980s. It was only a short step to the pun \"foaftale,\" a step taken by a yet-anonymous wag. FoafTale News welcomes contributions, including those documenting legends\u201d travels on electronic media and in the press. All research notes and articles are copyright by the individual authors who reserve all rights. For permission to reprint, contact them at the addresses given in the headnote of the article. Send queries, notices, and research reports to a maximum of 3000 words to the Editor; clippings, offprints, and citations are also encouraged. The opinions expressed in FoafTale News are those of the authors and do not in any necessary way represent those of the editor, the contributing compilers, the International Society for the Study of Contemporary Legends, its Council, or its members. Editor: Gillian Bennett Email: foaftale-news@aber.ac.uk Web page : Web page: 1026-1001 2/16/25, 11:55 (Type a title for your page here) 10/10", "7721_103.pdf": "Abstract: This is the first supplement to The Dictionary of Modern Proverbs (New Haven, Connecticut: Yale University Press, 2012) edit- ed by Charles Clay Doyle, Wolfgang Mieder, and Fred R. Shapiro. It registers 85 additional modern Anglo-American proverbs with histori- cal dates and contextualized references. We are planning to publish such supplements from time to time, and eventually we hope to bring out a new edition of our dictionary. Keywords: American, Anglo-American, British, collection, context, date, dictionary, English, modern, paremiography, proverbs. Since the publication of The Dictionary of Modern Proverbs (New Haven CT: Yale UP, 2012), we have gathered a number of addenda\u2014with a lot of help from our vigilant friends, kinsper- sons, students, professional acquaintances, and strangers. Among those who have assisted, in direct and indirect ways, two indi- viduals stand out: Fred R. Shapiro, our collaborator on the dic- tionary itself and author of the magisterial Yale Book of Quota- tions (2006), which he is currently updating and enlarging; and Garson O\u2019Toole, whose \u201cQuote Investigator\u201d website (quotein- vestigator.com) is a continually expanding and meticulously re- searched repository of early datings for fixed expressions, in- cluding proverbs. Some reviewers of The Dictionary of Modern Proverbs found confusing our procedure for identifying the \u201ckey words\u201d within the proverbs (notwithstanding our exceptionally lucid ex- planation on page xiii). Ours is the procedure that folklorists cus- tomarily employ: The key word, which governs the alphabetical placement of a proverb, often does not point to the \u201ctheme\u201d or \u201csubject\u201d of the proverb; it is simply the first noun present in the proverb as most commonly phrased (or, if no noun occurs, then the first finite verb 33 (2016) 86 Of the addenda we have on file, the following are among the most prevalently encountered. As in The Dictionary of Modern Proverbs, we have included only \u201ctrue proverbs,\u201d as folklorists term them\u2014that is, \u201cpropositional\u201d sentences, not mere phrases or similes, not wellerisms or sarcastic interrogatives \u201cmodern proverb,\u201d for our purposes, means one that originated no earlier than 1900, as far as we have been able to ascertain small, miss small. 2003 York [PA] Daily Record, 18 Dec.: \u201cThinking can hit a [golf] shot helps, too think, \u2018Aim small, miss small.\u2019\u201d 2004 Brian Bascom, \u201cPreliminary Rifle Instruction: Before the First Bullet Flies,\u201d Infantry 93, no. 2 (Mar./Apr.) 43: \u201cRemember, \u2018aim big, miss big\u2014aim small, miss small.\u2019 If you aim at center mass, you might miss the target; if you aim at the belt buckle, you\u2019ll still hit center mass.\u201d 2004 Daily Record [Baltimore], 25 Sep.: \u201cThis way, even when they miss the [golf] shot, the ball ends up very close to the hole. Aim small, miss small as they say!\u201d The expression, in reference to firing a rifle, was popular- ized\u2014if not originated\u2014by the 2000 motion picture The Patriot. If you don\u2019t ask, the is always no (Don\u2019t ask, don\u2019t get). 1913 Keble Howard, \u201cMrs. Dimple\u2019s High Courage,\u201d Windsor Magazine 37: 533: \u201c\u2018Don\u2019t make me ask! You know how hate it!\u2019\u2026\u2018Those who don\u2019t ask don\u2019t get.\u2019\u201d 1924 Richard Hughes Rabbit and a Leg: Collected Plays (New York: Knopf) 46 [sulkily]. I\u2019d not ask nothing of you. NELL. Them as don\u2019t ask, don\u2019t get.\u201d (square brackets and capitalization as giv- en). 1985 Betty Lundsted, Transits: The Time of Your Life (New York: Weiser) 69 practical Taurus once told me that if you don\u2019t ask, the answer would always be \u2018no.\u2019 If you ask you might get a \u2018no\u2019 as well, but that puts you the same level as you would be if you didn\u2019t ask.\u201d 1989 Los Angeles Times, 21 Feb.: \u201cDo you want some big arts organizations to continue to receive the lion\u2019s share? Remember, if you don\u2019t ask, the answer is al- ways No!\u201d There\u2019s an for everything (anything and everything). 2009 The Guardian [London], 10 Aug.: \u201cIs the Guardian even available on iPhone? Bet it is\u2026After all, there\u2019s an \u2018app\u2019 for 87 everything.\u201d 2009 St. Louis Post-Dispatch, 17 Oct.: \u201cThey say there\u2019s an app for everything. Well, when it comes to shopping, that\u2019s mostly true.\u201d 2011 Ted C. Hays, Aftermath (Bloomington IN: Xlibris) 221. Well know that today\u2019s generation truly be- lieves there is an app for everything, but that\u2019s just a bunch of lame phone commercial crap.\u201d 2013 Kevin B. Wright et al., Health Communication in the 21st Century, 2nd ed. (Chichester UK: Wiley-Blackwell) 259: \u201cJust like there\u2019s an app for any- thing and everything, there\u2019s a health campaign stemming from just about anything and everything you are encountering\u2026.\u201d Don\u2019t ASK, don\u2019t get. See \u201cIf you don\u2019t ask, the is always no.\u201d The bigger the BAIT, the bigger the fish. 1913 \u201cFishing in Cape Colony,\u201d Forest and Stream 81:459: \u201cThe saying here is, \u2018The bigger the bait the bigger the fish.\u2019 For a big fish will not trouble with a little piece\u2026.\u201d 1934 Washington Post, 24 Jul.: \u201cFrank Del Vecchio\u2026used two hooks, an 8-ounce sinker, and a whole shrimp on each hook. He says the bigger the bait the bigger the fish.\u201d 1990 Robert Ludlum, The Bourne Ulti- matum (New York: Random House) 76: \u201cConklin stared first down at the floor, then at Jason Bourne. \u2018It comes down to the almighty ego, doesn\u2019t it?\u2019 he said. \u2018The bigger the ego, the big- ger the fear\u2014\u2019 \u2018The bigger the bait, the bigger the fish,\u2019 com- pleted Jason, interrupting.\u201d The doesn\u2019t lie. 1988 Los Angeles Times, 26 May: \u201cIf the ball [on a free-throw] goes in, he\u2019ll [basketball player Maz Trakh will] say \u2018The ball don\u2019t lie.\u2019 That usually ticks off the other team.\u201d 1998 Baron\u2019s, 30 Mar.: \u201cDespite 12 years of teaching, his insights about golfing sounded fresh. \u2018The ball doesn\u2019t lie to you. It may not always tell you what you want to know, but it doesn\u2019t lie,\u2019 Bob [Haas] told us\u2026.\u201d 2003 Bo Durkac, How to Become a Professional Baseball Player (Jefferson NC: McFarland) 65: \u201cAs an old saying goes, \u2018The ball doesn\u2019t lie.\u2019 If you can consistently hit line drives off the back of the cage\u2026then you will have developed a nice, in- side-the-ball swing.\u201d 2004 Knight Ridder Tribune News Service, 26 Apr.: \u201c\u2026[A]fter a foul call Rasheed [Wallace] didn\u2019t agree with, which are many, the Bucks\u2019 free-thrower missed. So Wal- 88 lace yelled to the referee, \u2018The ball don\u2019t lie.\u2019\u201d 2007 McClatchy- Tribune Business News, 18 Feb.: \u201c\u2026The ball doesn\u2019t lie [Rey- shawn Terry] say it every time if feel like didn\u2019t foul him say: \u2018Ball doesn\u2019t lie.\u2019 True enough, he missed all three free throws because knew didn\u2019t foul him on that play.\u201d If you\u2019re going to be a BEAR, be a grizzly. 1908 George Hyde Preston, \u201cAn Inside Tip,\u201d Cosmopolitan Magazine 45: 91: \u201cWe have them on the run\u2026. No half measures! If you are going to be a bear, be a grizzly!\u201d 1976 Booth Mooney, LBJ: An Irreverent Chronicle (New York: Crowell) 275: \u201cAt the moment during the 1960 Democratic con- vention when things were not going well, [Lyndon] Johnson said to me take things harder than most people.\u2019\u2026But that was the reverse side of the figurative coin on which was expressed his literal motto: \u2018If you\u2019re going to be a bear\u2014be a grizzly.\u2019\u201d 1995 Canadian Press NewsWire [Toronto], 2 Jun.: \u201cMany foreign policy analysts argue that Clinton should rely on that old adage: \u2018If you are going to be a bear, be a grizzly is a bid. 1919 Wall Street Journal, 8 Sep. (advertisement for a bond bro- ker; in large bold type, occupying the entire line Bid is a Bid[.]\u201d (Underneath, in smaller type:) \u201cWe will name immediate prices on all United States Government and Liberty issues.\u201d 1987 Orlando [FL] Sentinel, 16 Aug.: \u201cRobert Miller\u2026said Fri- day his company does not owe Hicks money for extra dirt. Miller said Hicks signed a contract to cover work he did at the mall bid is a bid,\u201d Miller said\u2026.\u201d 1999 Jodie Wehrspann, \u201cLessons in Bidding,\u201d Farm Industry News 32, no. 4 (Feb.) 84: \u201cAt auctions, items are sold through competitive bidding\u2026. Some give a wink. Some hold up a finger. But a bid is a bid.\u201d 2005 Chicago Trib- une, 8 Mar.: \u201cYou may think that Sunday\u2019s [basketball] Tournament selections are just announced on TV, but there\u2019s a heck of a lot more to it than that\u2026. [T]he only thing that\u2019s cer- tain is nobody wants to be No. 65, [but bid is a bid.\u201d You have to risk it to get the BISCUIT. 2010 NewsDay [New York], 8 Mar.: \u201cStudents acknowledged that it will take money to implement real solutions. But, as one young man said, to appreciative laughs and applause from his 89 peers, \u2018You got to risk it to get the biscuit.\u2019\u201d 2010 McClatchy- Tribune Business News, 26 Apr.: \u201cThe local group has its own more competitive, and silly, motto: risk it to get the biscuit.\u201d The saying probably passed into oral tradition as a proverb from the 2009 motion picture Fired Up! The is a lie. 2007 New York Times, 25 Oct.: \u201c\u2026[O]ne occasionally finds cramped back rooms filled with traces of former test subjects, one of whom scrawled, \u2018the cake is a lie\u2019 on the walls (a state- ment that would look great on a T-shirt).\u201d 2007 Deseret Morning News [Salt Lake City], 1 Nov.: \u201cMy elementary-age kids\u2026keep telling me \u2018the cake is a lie.\u2019\u201d 2008 McClatchy-Tribune Business News, 2 Jan.: \u201c\u2026[C]onvention goers thrived on being surround- ed by people who shared their passion and understood their in- jokes, such as a T-shirt with the phrase \u2018The cake is a lie,\u2019 a cryptic reference to the video game \u2018Portal.\u2019\u201d 2010 News Gazette [Champaign IL], 22 Jul.: \u201cAfter all, because of that game [Por- tal], the phrase \u2018The Cake is a lie\u2019 has entered the pop culture lexicon\u2026.\u201d 2015 Washington Post, 26 Feb.: \u201cIn the end, the cake is a lie. The cake is just an embodiment of what we believe is important to us. There is no value in protecting a cake no one can eat. Happiness will either result from eating the cake or bak- ing a cake\u2014but never from protecting it.\u201d If you have a CANNON, shoot it. 1979 David L. Foster, \u201cChanging Substantive Rules for Proce- dural Reasons: Is This Wise?\u201d Antitrust Law Journal 48:523: \u201c\u2026[T]he Government can be expected to use it [evidence of the defendant\u2019s \u2018bad conduct\u2019] in much the same way that Paul Brown of the Cleveland Browns used his great running back, Jim Brown: \u2018If you have a cannon,\u2019 he is reported to have said, \u2018you shoot it.\u2019\u201d 1986 Santa Fe New Mexican, 4 Apr.: \u201c\u2018My philoso- phy, simply, is if you have a cannon, shoot it,\u2019 he [basketball coach Ron DeCarli] said. \u2018If people are producing and going for you, you deal with them.\u2019\u201d 1993 Los Angeles Times, 18 Sep.: \u201c\u2018We\u2019ve got to throw to him as often as possible,\u2019 [coach Glenn] Bell said. \u2018If you\u2019ve got a cannon, you\u2019ve got to shoot it as often as you can.\u2019\u201d 2004 F. Peter Boer, Technology Valuation Solu- tions (Hoboken NJ: Wiley) viii: \u201cIf you have a cannon, shoot it! 90 And be aware that some of your competitors are arming them- selves with similar weapons make their own luck. See make their own luck.\u201d Half a beats (is better than) none. 1968 The Spectator [London] 220, no. 7287 (23 Feb.) 221 (title of an article): \u201cHalf a Chance is Better Than None.\u201d 2003 The Scotsman [Edinburgh], 22 Feb.: \u201c\u2018To take a liberty with an old proverb, half a chance is better than none.\u2019 That is what the Celt- ic [soccer team] appear to have\u2026.\u201d 2014 Cynthia Lord, Half a Chance (New York: Scholastic) 4: \u201cThe moth might already be too wet, too exhausted to live. But I\u2026placed him gently on a rock so he could dry his wings. Even half a chance beats none.\u201d Perhaps the proverb originated as an anti-proverb based on \u201cHalf a loaf is better than none.\u201d Be the you want (wish) to see (in the world). 1974 Arlean Lorrance, \u201cThe Love Project,\u201d in Developing Prior- ities and a Style, edited by Richard D. Kellough (New York Information Corp.) 85: \u201cOne way to start a preventative program is to be the change you wish to see happen\u201d (underlin- ing as shown). 1989 Robert K. Cooper, Health & Fitness Excel- lence (Boston: Houghton Mifflin) 486: \u201cMahatma Gandhi said: \u2018You must be the change you wish to see in the world.\u2019 You must be the health, fitness, integrity, compassion\u2026. that you wish to see in the world\u201d (italics as shown). 1997 Bay State Ban- ner [Boston], 5 Jun.: \u201c\u2018My charge to you is this,\u2019 she [Oprah Winfrey] said. \u2018\u2026Live\u2014embody\u2014the ideals you espouse. Be the change you want to see.\u2019\u201d The attribution to Gandhi is com- mon, though perhaps spurious yourself before you wreck yourself. 1994 Washington Post, 24 Aug.: \u201cAt the end, he [rapper Chuck D] cautions, \u2018Check yourself before you wreck yourself / respect yourself / You gots to give it up\u2019\u2014\u2018it\u2019 being the hegemony of guns, drugs, alcohol and hopelessness\u2026.\u201d 1994 Tracy E. Hop- kins, \u201cAIDS: The Professional Killer,\u201d Black Professional 5, no. 4 (Fall) 40 is a disease that knows no boundaries\u2026. The moral? Check yourself before you wreck yourself. Sex is not worth dying for.\u201d 1995 New York Amsterdam News, 22 Jul 91 [Fred Crawford] would hope you would think of what\u2019s in the best interest of the sport [professional basketball], and, as the rappers say today, \u2018Don\u2019t believe the hype, and check yourself before you wreck yourself.\u201d 2002 Washington Post, 26 Dec.: \u201cIt\u2019s your attitude that causes aggressive driving. So check your- self before you wreck yourself.\u201d You can\u2019t make out of chicken shit (chicken feathers). 1949 Washington Post, 4 Oct. (quoting manager Joe Kuhel): \u201cI\u2019ll probably be canned [fired] at the end of the season and I\u2019m not griping. That\u2019s baseball. But in my defense, I\u2019d like to say this: You can\u2019t make chicken salad out of chicken feathers.\u201d 1970 Judith Crist, \u201cOff and Crawling,\u201d New York Magazine 3, no. 3 (19 Jan.) 55: \u201cAnother sage\u2026has said that you cannot make chicken salad out of chicken you-know-what, and the fact that [Tennessee] Williams\u2019 surviving hero is yclept Chicken has nothing to do with it.\u201d 2003 Larry Dierker, This Ain\u2019t Brain Sur- gery (New York: Simon & Schuster) 109: \u201cHe called us every name in the book, and\u2026used two of his favorite expressions: \u2018You can lead a horse to water but you can\u2019t make him drink\u2019 and \u2018You can\u2019t make chicken salad out of chicken shit.\u2019\u201d Not my CIRCUS, not my monkeys. 2014 Smith Falls [Ontario] EMC, 5 Jun.: \u201cI\u2019ve learned that other people\u2019s problems are \u2018not my circus\u2026not my monkeys\u201d (ellip- sis dots as shown). 2014 Telegraph [London], 15 Jun.: \u201cEvery time you feel yourself getting pulled into other people\u2019s non- sense, repeat these words: not my circus, not my monkeys.\u201d 2015 Times & Transcript [Monaton NB] 22 Apr heard a say- ing recently which I\u2019ve found myself repeating over and over: \u2018Not my circus. Not my monkeys.\u2019\u201d Sometimes said to have originated as a Polish proverb. If you want to go (travel) fast, go alone; if you want to go far, go with (companions, friends, others). See \u201cIf you want to fast, go alone; if you want to go far, go with others. The only easy was yesterday. 1994 St. Louis Post Dispatch, 23 Jan sign at the [U.S. Navy Seal] Basic Underwater Demolition School reads: \u2018The only easy 92 day was yesterday.\u2019\u201d 2002 St. Petersburg [FL] Times, 10 Feb conversation with Zephyrhills Police Capt. Richard Scudder almost always ends the same way: \u2018Remember, the only easy day was yesterday.\u2019\u201d 2007 Gail Walker, \u201cStick with Wayne,\u201d HomeCare Magazine 30, no. 5 (May) 8: There may be only one thing that will stay the same if you come out on the other side of HME\u2019s biggest challenge (last platitude promise): The only easy day was yesterday.\u201d The motto of the Navy Seals is some- times attributed to Michael Thornton it once, do it right. 1953 Atlanta Constitution, 11 Mar. (advertisement): \u201cNever needs painting\u2026guaranteed against chipping, cracking, fading or peeling. Do it ONCE\u2026do it RIGHT\u2026di it with CARBO-TEX!\u201d (capitalization as shown). 1975 Gene Hill, Mostly Tailfeathers (New York: Winchester) 14: \u201cMen are too busy to do the same job twice. \u2018Do it once\u2014do it right.\u2019\u201d 1989 Arthur Burns, \u201cExe- cuting the International Project,\u201d in Project Management, edited by Robert L. Kimmons and James Loweree (New York: Dekker) 851: \u201cThe cost of performing engineering is small when com- pared with the affected costs. The old adage \u2018Do it once\u2014Do it right\u2019 is quite applicable.\u201d You\u2019ve got to what you\u2019ve got to do man has to do what a man has to do). 1946 Allan Roberts and Doris Fisher, title of a song in the mo- tion picture Talk about a Lady: \u201cYou Gotta Do What You Gotta Do.\u201d 1947 Thomas W. Duncan, Gus the Great (Philadelphia: Lippincott) 576: \u201cDon\u2019t like to do it\u2014when think how they used to call me Honest Gus\u2014but a man\u2019s got to do what he\u2019s got to do.\u201d 1947 Nedra Tyre, Red Wine First (New York: Simon & Schuster) 15: \u201cSometimes don\u2019t look like a man has a choict. He\u2019s gotta do what he\u2019s gotta do.\u201d 1968 Washington Post, 1 Sep.: \u201cSometimes it gets me [Dorold Knowles] that I\u2019m not part of the game but a guy has to do what he has to do.\u201d 1973 Jane Mercer, \u201cEmperor of the North,\u201d Film 2, no. 6 (Sep.) 22: \u201cThe lyrics\u2026were of the \u2018man\u2019s gotta do what a man\u2019s gotta do\u2019 vari- ety\u2026.\u201d 1974 Henry B. Biller and Dennis Meredith, Father Pow- er (New York: McKay) 1473: \u201cIn contrast, the person at the highest level is the one typified by the old saw man\u2019s gotta do what a man\u2019s gotta do.\u2019\u201d 1979 New York Times, 6 Jan man 93 must do what he must do,\u2019 he [Lou Saban] added cryptically in an interview laden with such sportspeak as \u2018You\u2019re only as good as your last game.\u2019\u201d 1979 New York Times, 30 Sep.: \u201c[An actress portraying the biblical Judith] holding the severed head\u2026manages to look both respectable and slightly apologet- ic\u2014a woman\u2019s got to do what a woman\u2019s got to do.\u201d There ex- ists a feminist anti-proverb man\u2019s got to do what a man\u2019s got to do, and a woman\u2019s got to do what he can\u2019t.\u201d Knock on the (a often (long) enough, and it will open. 1993 The Independent [London], 31 Oct.: \u201cYou thought [John] Virgo had already claimed the prize for the week\u2019s most mean- ingless, self-fabricated aphorism with Tuesday night\u2019s \u2018Knock on the door often enough\u2014eventually it opens.\u2019\u201d 1994 Sun Sen- tinel [Ft. Lauderdale FL], 26 Mar think I\u2019m ready for it, [golfer Fuzzy] Zoeller said. \u201cThey say if you knock on a door long enough, it will open. I\u2019ve been knocking a long time.\u201d 1999 Birmingham [UK] Post, 3 Sep.: \u201cAlan Richardson proves that the door of opportunity will open, providing you knock often enough.\u201d There are no in life. 1998 Salt Lake Tribune [Salt Lake City], 9 Aug.: \u201cBut there are no do-overs in life. Penn State, Dallas and the Bucs are all be- hind [ex-football player Sean] Love.\u201d 2000 Investor\u2019s Business Daily [Los Angeles], 13 Sep.: \u201cThere are no do-overs in life. We can only move on from where we are right now.\u201d 2001 Los An- geles Times, 1 Feb.: \u201cThis, in fact, has been a lousy week [for college basketball], the worst, but there are not \u2018do-overs\u2019 in life.\u201d If you\u2019re going to DREAM, dream big (you might as well dream big). 1984 Philadelphia Daily News, 8 Nov.: \u201cWhat we want to achieve here is not going to happen overnight\u2026. But if you\u2019re going to dream, dream big.\u201d 1985 Wall Street Journal, 27 Sep.: \u201c\u2026[T]here\u2019s talk about winning \u2019em all and beating Notre Dame, for heaven\u2019s sake\u2026. If you\u2019re going to dream, you might as well dream big.\u201d 1996 Los Angeles Times, 12 May: \u201cYou know the old saying, if you are going to dream, dream big. Well, she did.\u201d 94 One DREAM, one team (One team, one dream). 1994 Peter Krijgsman, \u201cLehman Brothers: An Old Dog Learns Some New Tricks,\u201d Euromoney, no. 297 (Jan.) 70: \u201c\u2026[S]ome groups have even come up with their own versions: \u2018One team, one dream\u2019 featured on the equity floor in London for a while.\u201d 1997 Orlando [FL] Sentinel, 1 Nov.: \u201cOne dream, one team\u2026. One defeat. Atlanta 105, Orlando 99\u201d (ellipsis dots as shown). 1997 Florida Times Union [Jacksonville], 20 Dec.: \u201cOur team goal is to take it all the way. One team, one dream.\u201d If you\u2019re always EARLY, you\u2019re never late (you\u2019ll never be late). 2006 John Chapman, Muddy Boots Leadership (Mechanicsburg PA: Stackpole) 61 good officer once said, \u2018If you are always early, then you are never late.\u2019\u2026After your butt has been shred- ded\u2026you will better understand this bit of ancient wisdom.\u201d 2010 Walter J. Boyne, Eagles at War (Pacifica CA: IPS) 52: \u201cIf you\u2019re always early, you\u2019re never late, Bruno. You used to say that, back in the Great War.\u201d 2013 Austin [TX] American Statesman, 22 Nov.: \u201cEveryone who knew him could expect truth and fairness, and a saying or two, such as \u2018If you\u2019re always early you\u2019ll never be late\u2019\u2026.\u201d There is no (little (wisdom) in the second kick of a mule. 1966 New York Times, 4 May: \u201cThe South Carolina Democrat [congressman L. Mendel Rivers]\u2026added with a grin: \u2018There\u2019s always another year. There ain\u2019t no education in the second kick of a mule.\u2019\u201d 1976 New York Times, 28 Sep trust that New Yorkers will show more sophistication\u2026. As Senator [Ernest] Hollings [of South Carolina] would say, \u2018There is little education in the second kick of a mule.\u2019\u201d 1986 Washington Post, 16 Apr.: \u201cDown South\u2026they like to say: \u2018There\u2019s no education in the second kick of a mule.\u2019 Washington has lost so much of its southerness that it no longer knows that to be true.\u201d 2008 David C. Gompert et al., Battle-Wise (Washington DC: U.S. Govern- ment Printing Office, for Center for Technology and National Security Policy) xi: \u201cSam Rayburn [of Texas], former Speaker of the House of Representatives, said it best about learning from mistakes in life, \u2018There is no wisdom in the second kick of a mule.\u2019\u201d 95 The (also, always) has (gets) a vote. 1997 James Crider and Peter J. Palmer, \u201cDecision Point Tactics during the Defense,\u201d Infantry 87, no. 2 (Mar.-Jun.) 21: \u201cThe [opposing force] recognizes that enemy actions influ- ence the way we fight, and on the battlefield, the enemy always gets a vote.\u201d 2000 Bruce A. Brant, \u201cDeveloping the Adaptive Leader,\u201d Field Artillery 5: 24: \u201cThey have forgotten the maxim General (Retired) Richard E. Cavoros often cites\u2026, \u2018Remember, in any plan, the enemy gets a vote.\u2019 Commanders too often focus on the plan, not the enemy.\u201d 2002 Army Times, 18 Mar.: \u201cWe do our best to do intel, but the enemy has a vote\u2026They\u2019re not going to go where we tell them to go\u2026.\u201d You can\u2019t choose (pick) your FAMILY. See \u201cYou can\u2019t choose your PARENTS.\u201d You do (We do) what you (we) have to (do) for FAMILY. 1995 Jill Marie Landis, Last Chance (New York: Berkley) 340 know what it must have cost you to walk in here after all those years you spent in prison, Uncle Chase.\u2019\u2026\u2018It\u2019s like Eva says, Lane: We do what we have to do for family.\u2019\u201d 2004 Laura Daye, Before and Afternoon (Alexandria VA: B-Side) 78-79: \u201cHis father passed at an early age and dreams were put aside to make sure his sister and mother were never without. \u2018That\u2019s big of you wouldn\u2019t say that. You do what you have to do for family.\u2019\u201d 2011 Rebecca Zanetti, Claimed (New York: Brava) 151: \u201c\u2018That was brave of him\u2026.\u2019 \u2018He\u2019s a good man. You do what you have to for family good, play good (Look good, feel good, play good; Look good, play good). 1987 Globe and Mail [Toronto], 23 Feb.: \u201c\u2018They are so much more comfortable,\u2019 [baseball] pitcher Mark Langston said\u2026. \u2018The old saying\u2014look good, feel good, play good\u2014has some truth to it.\u2026I\u2019m glad we didn\u2019t get one of those uniforms in 18 different colors.\u2019\u201d 1993 Skip Bayless, The Boys (New York: Si- mon & Schuster) 95: \u201cIn \u201988 [football player Michael] Irvin proudly wore symbols of his new wealth\u2026. Irvin\u2019s motto: look good, play good.\u201d 1996 Los Angeles Times, 13 Feb: \u201c[Israel] Pa- ez is a flashy [pool] player cut from the look-good-play-good cloth\u2026.\u201d 2003 Atlanta Journal-Constitution, 19 Jun.: \u201cMy col- 96 lege coach had a saying that he used to keep his players positive on the [tennis] court while playing matches: \u2018Feel good, play good.\u2019\u201d 2008 New York Times, 18 Sep. \u201cAt the end of the day, you can attribute this increasing trend to the old adage: look good, feel good, play good.\u201d You\u2019re only as good as your last FILM. See \u201cYou\u2019re only as good as your last PERFORMANCE.\u201d Big (All fires) start small. 1918 \u201cVon Duprin Fire Exit Latches,\u201d American Architect 114: 629: \u201cFire is at all times a haunting dread where the ordinary precautions have been ignored. All fires begin as little things\u2026.\u201d 1921 \u201cFrank L. Kelly and Ida May Stevens, \u201cEpidemiology: The Necessity of Promptly Reporting Communicable Diseases,\u201d Cal- ifornia State Board of Health Monthly Bulletin 17: 28: \u201cCom- municable disease is like fire for as \u2018all large fires begin as small ones\u2019 so all epidemics begin with single cases.\u201d 1971 \u201cBuene- ventura vs. Bendicto,\u201d Philippine Supreme Court Reports Anno- tated (New York: Oceana) 38: 73: \u201cThe respondent judge should constantly keep a watchful eye on the conduct of his employees. He should realize that big fires start small doesn\u2019t know it is in water (it is wet fish doesn\u2019t know it is in water until it is taken out fish doesn\u2019t see wa- ter). 1909 Tadasu Hayashi, \u201cIntroduction\u201d to Every-Day Japan by Arthur Lolyd (London: Cassell) xvi: \u201cIt is said that fish do not see water, nor do Polar bears feel the cold. Native writers\u2026do not even think that anything which has been happening daily in their own immediate surroundings ever since their infancy can possibly be worthy of notice\u2026.\u201d 1924 V. Karapetoff, \u201cConcern- ing Other General Matters,\u201d in Bell System Educational Confer- ence (New York: Bell System Education Conference) 177 said that a fish doesn\u2019t know that he is in water unless he is taken out, and an American, as a rule[,] doesn\u2019t realize under what per- fectly definite conditions of general views he is working until he goes outside the country\u2026.\u201d 1955 George R. Stewart, The Years of the City (Boston: Houghton Mifflin) 127: \u201cWe can pardon him, for he has the usual difficulty of separating himself from the 97 world that was all around him, just as the proverb says fish does not know he is swimming in water.\u2019\u201d If you can\u2019t it, feature it (Fix it or feature it; Don\u2019t fix it, feature it). 1985 Gerald M. Weinberg, The Secrets of Consulting (New York: Dorset House) 43: \u201cLevine couldn\u2019t sew a straight seam, but rather than try to fix it, or learn to do better, he adopted the Bolden Rule: If you can\u2019t fix it, feature it.\u201d 1998 Solomon W. Golumb, \u201cMathematics Forty Years after Sputnik,\u201d American Scholar 67, no. 2 (Spring) 92: \u201cRather than apologize for these fields\u2019 lack of applications, leading mathematicians and mathe- matics departments decided to turn a possible defeat into a vir- tue. (In this, they anticipated a basic tenet of Madison Avenue: \u2018If you can\u2019t fix it, feature it.\u2019).\u201d 1999 Julie Bick, The Microsoft Edge (New York: Pocket Books) 129 (chapter title IT\u201d (capitalization as shown). 2014 Dominion Post [Welliington NZ], 27 Jan.: \u201cUsing the old marketing adage \u2018If you can\u2019t fix it, feature it,\u2019 he now promotes the access road as a cycle trail.\u201d 2015 Shaun Smith and Andy Milligan, On Purpose: Delivering a Branded Customer Experience People Love (Lon- don: KoganPage) 84: \u201cSome other \u2018F\u2019s to think about are\u2026\u2018fix it or feature it.\u2019\u2026This is the mantra of Greg Gianforte, founder of RightNow Technologies.\u201d Cf. \u201cIt\u2019s not a bug, it\u2019s a feature.\u201d Don\u2019t try to kill a with a sledgehammer (hammer, hatchet). See \u201cDon\u2019t use a to kill a fly.\u201d If you want to go (travel) fast, go alone; if you want to go far, go with FRIENDS. See \u201cIf you want to fast, go alone; if you want to go far, go with others.\u201d You can\u2019t create the by clinging to (living in, being married to, using the tools of) the past. 1988 Stephen Sheppard, For All the Tea in China (New York: Tudor) 226-27: \u201c\u2018The best you must always leave behind\u2026.\u2019 \u2018Why, sir?\u2019 \u2018Because you\u2019ve no future if you cling to the past.\u2019\u201d 1993 Atlanta Journal-Constitution, 29 May: \u201cHe [Fred Rosen] has a favorite saying: \u2018If you\u2019re married to the past, you can\u2019t create the future.\u2019\u201d 2011 Guardian [London], 22 Oct.: \u201cSaida 98 Lakrimi, of the Tunisian lawyers union, said: \u2018We are in a transi- tional period\u2026. you can\u2019t create the future using the tools of the past.\u2019\u201d 2012 Daily Mail [London], 30 Jul.: \u201cAfter all, you can\u2019t move forward while looking backwards: you can\u2019t create the future while living in the past.\u201d 2013 North Adams [MA] Tran- script, 1 Oct heard a quote on the television the other day that totally sums up where we are and why want to continue\u2014 \u201cYou can\u2019t create the future by clinging to the past,\u201d\u2019 he [mayor Richard Alcombright] told a large crowd\u2026.\u201d You\u2019re only as good as your last GAME. See \u201cYou\u2019re only as good as your last PERFORMANCE.\u201d If you aren\u2019t better, you\u2019re getting worse (You\u2019re either getting better or getting worse). 1982 Harold T. Shapiro, \u201cIntroduction,\u201d in Industry at the Cross- roads, edited by Robert E. Cole (Ann Arbor MI: Center for Jap- anese Studies of Michigan) 1: \u201cThey claim that once, when he was a bit aggravated, he [coach Woody Hayes] told one of his players, \u2018Look, you\u2019re either getting better or you\u2019re getting worse.\u2019\u201d 1986 Newsday [New York], 29 May: \u201cPerformances like that require extensive rehearsal. \u2018I\u2019ve been taught that if you\u2019re not getting better, you\u2019re getting worse\u2026.\u2019\u201d 1993 Bis- mark [ND] Tribune, 21 Oct.: \u201c[Rodeo rider Dan] Greenough said had a great year last season, but you\u2019ve got to only keep improving. You\u2019re either getting better or you\u2019re getting worse.\u2019\u201d Don\u2019t try to kill a with a sledgehammer (hammer, hatchet). See \u201cDon\u2019t use a to kill a fly (gnat, mosquito).\u201d If you want to (travel) fast (fastest), go alone; if you want to go far (farthest), go with others (company, companions, friends). 1917 Cyrus McCormick, \u201cMen and Team Work,\u201d The Harvester World 8, no. 6 (Jun.) 1: \u201cKipling says, \u2018\u2026he travels fastest who travels alone.\u2019 That may do for a race, but\u2026ours is a different kind of work, and we might rather say, \u2018\u2026he travels farthest who pulls with his team.\u2019\u201d 1926 Paul Popenoe, The Conversa- tion of the Family (Baltimore: William & Wilkins) 52 prov- erb has it that \u2018He travels fastest who travels alone.\u2019 But he rare- 99 ly travels farthest, he rarely gets so much enjoyment from his travels as does one who has company.\u201d 1956 Allen Raymond, \u201cMay Friends Go with You,\u201d The Rotarian 88, no. 3 (Mar.) 36 know that Rudyard Kipling penned a good line\u2026. \u2018He travels fastest who travels alone would like to advance a corollary to that proposition. He travels farthest who travels with friends.\u201d 1973 John Brooks, The Expert (London: Tom Stacey) 197: \u201c\u2019He travels fastest who travels alone, as George Washington said.\u2019 \u2018But he travels farthest who has a companion.\u2019\u201d 1980 Paul Fussell, Abroad: British Literary Traveling between the Wars (New York: Oxford UP) 117: \u201cHe who travels furthest travels alone, to be sure, but he who travels best travels with a compan- ion, if not always a lover.\u201d 1993 Breyten Breytenbach, \u201cWhy Are Writers Always the Last to Know?\u201d New York Times Book Review 98 (28 Mar.) 17: \u201cIt is important to take responsibility for the story. Imagination is politics. He who travels alone travels fastest, but in the company of friends, you go farther.\u201d 2004 Bill Hull, Choose Life (Grand Rapids MI: Baker) 107: \u201cSo my gift of love has been to submit to that process. As the African proverb tells us, \u2018If you want to go fast, go alone. If you want to go far, go together.\u2019\u201d 2005 Ujala Satgoor and Susan Schneur, \u201cInterna- tional Partnership, National Impact,\u201d in Continuing Professional Development, edited by Paul Gevoni and Graham Walton (Mu- nich: K. G. Saur) 267: \u201cThe following African proverb succinct- ly captures the essence of a great partnership: If you want to go fast, go alone. If you want to go far, go together\u201d (italics as shown). 2009 David Jensen, \u201cFrom Conflict to Peacebuilding,\u201d Environmental Change and Security Program Report 13: 56: \u201cWhile the task may seem overwhelming at times take inspira- tion from the Afgan saying, \u2018If you want to go fast, go alone; if you want to go far, go together.\u2019\u201d 2011 Pasadena [CA] Star- News, 19 Jun.: \u201cNothing ever happens when you\u2019re standing still. Alone you go faster, but together you go farther.\u201d The say- ing, which in recent years has often (though spuriously) been identified as an African proverb, might be regarded as an anti- proverb responding to the older Anglo-American proverb \u201cHe who travels fastest travels alone,\u201d a variant of \u201cHe who travels alone travels fast(est).\u201d 100 Just because there\u2019s a (goal keeper) doesn\u2019t mean you can\u2019t score. 2008 Arab American News [Dearborn MI], 15 Nov.: \u201c\u2018You have to engage in the same way that people engaged in (fighting) apartheid in South Africa,\u2019 [Diana] Buttu said. \u2018Don\u2019t focus so much on what the leaders over there are doing but focus on what you can do here\u2026Just because there\u2019s a goal keeper, doesn\u2019t mean you can\u2019t score a goal\u2019\u201d (ellipsis dots as shown). 2010 Lauren Leto and Ben Bator, Texts from Last Night: All the Texts No One Remembers Sending (New York: Penguin), unpaginated, at the beginning of the section headed \u201cCheaters\u201d: [remark:] \u201cthe redhead has a bf [boyfriend]\u201d; [response:] \u201cjust because there\u2019s a goalie doesn\u2019t mean u can\u2019t score.\u201d 2014 Hugo Tang, No Ice, No Slice (Bloomington IN: AuthorHouse) 40: \u201cDick said to me some time ago that girls with boyfriends \u2018aren\u2019t off limits.\u2019 He said that in games of football there is a goalie, but that doesn\u2019t mean you can\u2019t score.\u201d In such contexts the word score can mean \u2018engage in sexual intimacies.\u2019 Thank for Mississippi. 1929 H. L. Stanton, \u201cReports from States: North Carolina,\u201d Pro- ceedings of the Fifth Conference on Vocational Rehabilitation of Disabled Persons (Washington DC: U.S. Government Printing Office) 18: 30: \u201c\u2026[T]hey used to say whenever a list of illitera- cy according to States was published, in which North Carolina ranged next to the bottom, \u2018Thank God for Mississippi.\u2019\u2026\u201d 1947 D. H. Redfearn New Constitution for Florida,\u201d Florida Law Journal 21: 11: \u201c\u2018Thank God for Mississippi\u2019 was a favorite ex- pression formerly used by some educators in Florida, the thanks being due to the fact that Mississippi kept Florida from being at the bottom of the education system in the United States by occu- pying that lowly position itself.\u201d 1949 V. O. Key, Southern Poli- tics in State and Nation (New York: Knopf) 229: \u201cAnd every other southern state finds some reason to fall back on the soul- satisfying exclamation, \u2018Thank God for Mississippi!\u2019\u201d 1957 Wilma Dykeman, Neither Black nor White (New York: Rine- hart) 49: \u201cYou know, Arkansas says thank God for Mississippi. We keep her from being forty-eighth on every national list.\u201d 1976 \u201cState by State Profiles,\u201d Southern Exposure 4, nos. 1-2 (Spring/Summer) 186: \u201c\u2018Thank God for Mississippi,\u2019 they say 101 up North, meaning that no matter how bad things get up there, there\u2019s at least one place that\u2019s worse.\u201d Be or be gone. 1932 Washington Post, 2 Sep. (in a collection of short items ti- tled \u201cPost Haste\u201d): \u201cChancellor von Papen to the Reichstag: Be good or be gone!\u201d 1941 Catalog of Copyright Entries: Musical Compositions (U.S. Government Printing Office) n.s. 36, no. 11, part 3 (for 8 Nov.): 1807 (copyright entry for a song`): \u201cBe good or be gone; w. & melody [by] Otto Alfred Hansen.\u201d 1975 New York Times, 15 Jun [coach Paul \u201cBear\u201d Bryant] can tell you a lot about quitters used to have a sign at Kentucky: Be Good or Be Gone.\u201d Be or be good at it. 1995 David Kerekes and David Slater, eds., Critical Vision: Random Essays & Tracts Concerning Sex Religion Death (Stockport UK: Headpress) 75 (hurried ending of a letter scrawled by a prison inmate) : \u201cgotta go but not for long be good or be good at it.\u201d 2007 Stephen Banick, Accidental Enlighten- ment (Austin TX: Synergy) 261: \u201cWe wished Clifton God-speed, related a few favorite stories and told him to \u2018be good or be good at it.\u2019\u201d 2009 Cairns [Queensland, Australia] Post, 31 Aug.: \u201cThe best piece of advice I\u2019ve received is be good or be good at it.\u201d The is the enemy of the perfect. 1946 Louis Wirth, \u201cCommunity Planning: Physical Structure,\u201d in Community Planning for Peacetime Living, edited by Wirth et al. (Stanford CA: Stanford UP) 22: \u201cWe know that the good is the enemy of the perfect, but it is true that the perfect is the ene- my of the good. Compromising with the perfect is realistic\u2026.\u201d 1978 Panama Canal Treaties: Hearings before the Committee on Foreign Relations, United States Senate, Ninety-Fifth Con- gress, Second Session (Washington DC: U.S. Government Print- ing Office), 4:68 (under a sub-heading \u201cIs Good, Enemy of Per- fect\u201d): \u201c\u2026[I]t seems to me [senator Frank Church] that the diffi- culty with your argument is that the good is the enemy of the perfect. If one assumes your purist view to be the best possible policy\u2026then the real alternatives we face are the rejection of these treaties and reversion to the status quo.\u201d 1999 The Inde- pendent [London], 23 Sep.: \u201cEven in a party this wedded to the 102 idea that the good is the enemy of the perfect, it seemed vanish- ingly unlikely that they would vote against the reconstruction of Kosovo or in favour of hate-crimes.\u201d Cf. \u201cThe is the enemy of the good,\u201d and also the older \u201cThe good is the enemy of the best.\u201d Don\u2019t use a (HATCHET) to kill a fly (gnat, mosqui- to). See \u201cDon\u2019t us a to kill a fly are going to hate. 2000 3LW, \u201cPlayers Gon\u2019 Play\u201d (rap song): \u201cThe players gon\u2019 play, / Them haters gon\u2019 hate.\u201d 2004 South Bend [IN] Tribune, 24 May learned how to deal with \u201chaters\u201d better by coming here,\u2019 said Parish Ware, 14\u2026. \u2018Haters are going to hate no mat- ter what,\u2026just leave it alone.\u201d 2011 St. Louis Post-Dispatch, 13 Oct.: \u201cHe [a baseball team mascot] declined to respond to critics who call him a joke, a gimmick, a distraction. He did however tweet, \u2018Haters going to hate.\u2019\u201d 2014 Charles Finch, The Last En- chantments (New York: St. Martin\u2019s) 27: \u201cThen there was his catchphrase, dashed liberally into his lectures about hip-hop and the elites of Mumbai: \u2018Haters gonna hate.\u2019 It wasn\u2019t clear that he perceived with any great depth of comprehension what the phrase actually meant\u2026.\u201d If (When) you\u2019re going through HELL, keep going (don\u2019t stop). 1994 Dick Bernal, When Lucifer and Jezebel Join Your Church (San Jose CA: Jubilee Christian Center) 5 (in a list of \u201cquotable quotes\u201d): \u201cWhen you\u2019re going through hell, don\u2019t stop.\u2014Mario Murillo.\u201d 1995 Herald & Review [Decatur IL], 20 Oct.: \u201cAndre- as closed the meeting by admitting that he and the company had been through tough times lately\u2026. Mulroney quoted Sir Winston Churchill: \u2018If you\u2019re going through hell, keep going.\u2019\u201d The at- tribution to Churchill is common but probably spurious. Don\u2019t take a you aren\u2019t willing to shoot (If you\u2019re going to take a hostage, you\u2019d better be willing to shoot him). 1999 Kirk Victor, \u201cLoan Star Phil,\u201d National Journal 32 (30 Oct.) 3127 concluded\u2026that the Administration had taken a hostage\u2014by threatening to veto the bill\u2014that they weren\u2019t willing to shoot,\u2019 he [congressman Phil Gramm] said. \u2018One of 103 the early lessons that people learned when they joined the Texas Rangers was, Don\u2019t take a hostage you aren\u2019t willing to shoot.\u2019\u201d 2013 Boston Globe, 9 Aug.: \u201c\u2026Republican Congressman Aaron Schock said those threatening to hold the government hostage over health care were misguided\u2026. \u2018If you\u2019re going to take a hostage, you have to be willing to shoot it,\u2019 Schock said.\u201d 2015 Washington Post, 18 Mar.: \u201cMajority Leader Mitch M. McConnell (Ky.) and his fellow Senate Republicans got them- selves into this situation by violating the first rule of extortion: Don\u2019t take a hostage you aren\u2019t willing to shoot are bulletproof. 1988 Alan Moore and David Lloyd for Vendetta (New York Comics) 236: \u201cDid you think to kill me? There\u2019s no flesh or blood within this cloak to kill. There\u2019s only an idea. Ideas are bulletproof\u201d (italics as shown). 1994 Evansville [IN] Courier, 26 Mar.: \u201cThe task now for [Mexican president Carlos] Salinas\u2026is to keep social and economic reforms of track, demonstrating that, though men may perish, their ideas are bulletproof.\u201d The saying was widely popularized by the 2006 motion picture for Vendetta, based on the graphic novel. Cf. \u201cYou can\u2019t kill an IDEA.\u201d You can\u2019t kill an IDEA. 1908 Winston Churchill (the American novelist), Mr. Crewe\u2019s Career (New York: Macmillan) 340: \u201cYou can\u2019t kill an idea, and we\u2019ll see who\u2019s right and who\u2019s wrong\u2026.\u201d 1919 New York Times, 30 Dec.: \u201cAnswering his own questions as to how the propaganda of Reds and I.W.W.\u2019s and such are to be met in this country, Mr. [Homer] Cummings said, \u2018You cannot kill an idea with a sword.\u2019\u201d 1920 New York Times, 20 Jan.: \u201cMr. [Alexander] Berkman declared that his deportation \u2018was unfair and stupid. You can\u2019t kill an idea like that. The Czar tried and failed.\u2019\u201d 1920 \u201cLife\u2019s Little Pleasures,\u201d Life 75, no. 1942 (22 Jan.) 153: \u201cDis- cussing Russia and the Bolshevist peril, General [Tasker] Bliss remarked, \u2018But you can\u2019t kill an idea by bayonets.\u2019\u201d Cf are bulletproof.\u201d 104 threat to justice) anywhere is a threat to justice everywhere. 1958 Martin Luther King, Jr., Stride toward Freedom (New York: Harper & Row), 199: Injustice anywhere is a threat to jus- tice everywhere breakdown of law in Alabama weakens the very foundations of lawful government in the other forty-seven states.\u201d 1985 Paula Hirschoff, \u201cInterview: Congressman William H. Gray, III,\u201d Africa Report 30, no. 3 (May-Jun.) 50: \u201cWe\u2019re quick to speak out for the freedom of Sakharov and Sharansky, and we should do that\u2026because injustice anywhere threatens justice everywhere\u2026.\u201d 1993 Jacqueline Burnside Farmer\u2019s Daughter in Academia,\u201d in Working Class Women in the Acade- my, edited by Michelle M. Takarezyk and Elizabeth Fay (Am- herst of Massachusetts P) 147: \u201c\u2026[O]ur network enables us to draw upon each other\u2019s strengths in order to stay vigilant against the subtle injustices aimed at \u2018outsiders.\u2019 The presence of injustice anywhere threatens justice everywhere, even for the \u2018insiders.\u2019\u201d King\u2019s name often remains attached to the use of the expression as a proverb. Mieder (2010b) 354-356 or die. 1958 Richard D. Crisp, \u201cProduct Planning for Future Profits,\u201d Dun\u2019s Review and Modern Industry 71, no. 3 (Mar.) 34: \u201c\u2018Inno- vate or die!\u2019 In any industry, over the long run, that\u2019s the iron law of the market.\u201d 1967 Aaron M. Rothenberg Fresh Look at Franchising,\u201d Journal of Marketing 31, no. 3 (Jul.) 52: \u201cThe principle of \u2018innovate or die\u2019 caused retailers to devise additional methods of marketing\u2026.\u201d 1972 F. D. Barrett, \u201cEveryman\u2019s Guide to Creativity,\u201d Business Quarterly 37, no. 4 (Winter) 64: \u201cThe slogan innovate or die is providing a leitmotif for organiza- tions in the seventies\u201d (italics as shown). Since 1996, Innovate or Die has appeared as the title of at least six books. Dress for the you want (not the job you have). 1976 Atlanta Constitution, 16 Dec.: \u201cYou dress for the job you want! We had a guy\u2026shows up in a sport jacket and sport shirt that didn\u2019t match!\u201d 1978 \u201cDoes What You Wear Tell Where You\u2019re Headed? Interview with an Expert on Dressing for Exec- utive Jobs,\u201d U.S. News and World Report 85, no. 12 (25 Sep.) 62: \u201cQ[uestion:] How do you sum up your \u2018dress for success\u2019 philosophy? A[nswer:] It would be something like this: Always 105 dress for the job you want, not the job you have.\u201d 1983 Boston Globe, 31 May: \u201c\u2026[M]any up-and-coming State Street law- yers\u2026, sartorially speaking, are already at the top and have taken to heart the wonderful adage: Dress for the job you want[,] not the job you have are blessings. 1991 Paul Ferrini, The Circle of Atonement (Brattleboro VT: Heart Ways) 100: \u201cIf my lessons are blessings, then submit to them.\u201d 1995 Bob Mandel, Wake Up to Wealth (Berkeley CA: Celestial Arts) 111: \u201cThe more we are grateful for our current happiness, the easier it is to see how everything that has hap- pened to us was a lesson\u2026. And lessons are blessings.\u201d 1998 Gang Starr, \u201cMoment of Truth\u201d (rap song): \u201cIt\u2019s universal / you play with fire it may hurt you / or burn you, lessons are blessings / you should learn through.\u201d 2013 Vince Mafu, The Chief Execu- tive Hustler (Crossways, UK: Xlibris): \u201cAs a [Chief Execu- tive Hustler], you must understand that lessons are blessings.\u201d If you save one LIFE, you save the world (Whoever saves one life saves the world; Save one life and you save the world). 1982 Thomas Keneally, Schindler\u2019s List (New York: Simon & Schuster) 368: \u201cIt [a Hebrew inscription in a gold ring] was a Talmudic verse\u2026\u2018He who saves a single life saves the world entire.\u2019\u201d 1995 Kingston [ON] Whig-Standard 23 Feb miss being a counsellor and this is a way can feel that I\u2019m helping people really believe in the saying, \u2018Whoever saves one life saves the world.\u2019\u201d 1996 The Record [Bergen County NJ], 25 Feb.: \u201cThe Buddhist, Jewish, and Christian religions have a say- ing that if you save one life, you save the world. When it\u2019s as simple as giving two vials of blood, \u2026why shouldn\u2019t do it?\u201d The 1993 motion picture Schindler\u2019s List popularized the saying. It has been questioned whether the English translation given by Keneally\u2014and uttered in the movie\u2014accurately represents the meaning of the Talmudic sentence (in Sanhedrin 4:5). Usually the English proverb omits entire at the end. Inch-by-inch (everything) is a cinch, but yard-by-yard it is hard. 1980 William Martin, \u201cLord, Won\u2019t You Buy Me Some Time on TV?\u201d Texas Monthly 8, no. 2 (Feb.) 122: \u201cIn his [Robert Schull- 106 er\u2019s] books and sermons, inspiring stories\u2026are served up in a salad\u2026garnished with catchy slogans (\u2026\u2018Inch by inch, any- thing\u2019s a cinch\u2019).\u201d 1984 Washington Post, 12 Feb.: \u201cInch by inch, life\u2019s a cinch. / Yard by yard, it\u2019s really hard. Those words are from a poem De Matha High School Coach Morgan Wooten gives his players.\u201d 1987 Globe and Mail [Toronto], 13 Mar.: \u201cWe have a motto in our family: Inch by inch, life\u2019s a cinch. Yard by yard, it\u2019s very hard [Anne Bancroft] say it to my hus- band at the start of every film what you love. 1926 Landone Brown, The of Truth: 35 Lessons for Be- ginners in New Thought Study (Mokelumne Hill CA: Health Re- search) 33 (section heading within \u201cLesson 13\u2014God Multiplies by Life\u201d) : \u201cLive what you love.\u201d 2004 Amy Traverso, \u201cFrom the Farm to the Islands,\u201d Yankee 68, no. 8 (Oct.), 103: \u201cAt press time, they [Melinda and Bob Blanchard] were also working on an as-yet-unnamed series for that expands on the theme of \u2018live what you love.\u2019\u201d 2009 Tim Baker, Leave a Footprint\u2014 Change the Whole World (Grand Rapids MI: Zondervan) 113: \u201cYour life makes them uncomfortable. So, go ahead, make them nervous. Live what you love good, play good (Look good, feel good, play good). See good, play good feels worse than winning feels good. 1994 Los Angeles Times, 16 Aug.: \u201c[Barry] Melrose looks back on his first two years of coaching in the and says, \u2018I\u2019m a strong believer in the old saying, \u201cLosing feels worse that win- ning feels good.\u201d\u2019\u201d 1996 Courier Mail [Queensland AU] 16 Jan.: \u201cThere\u2019s nothing like winning [competitive kayaker Sa- rah Mengler] mean losing feels worse than winning feels good.\u201d 1999 Daily Gleaner [Fredericton NB], 15 Oct.: \u201cJoe Garagiola used to say that losing feels worse than winning feels good when it comes to participating in the World Series deserve to lose. 2000 Jagdish S. Gundara, Interculturalism, Education and Inclu- sion (Thousand Oaks CA: Sage) 56: \u201cIts [Great Britain\u2019s Con- servative party\u2019s] proponents assume that the race is fair, the los- ers deserve to lose, and the winners deserve all the prizes.\u201d 2000 107 The Times [London], 3 May: \u201cThese lucky industries do not need money. They have a booming private sector in which the losers deserve to lose.\u201d 2005 Richard J. Rolwing, \u201cZionism and the Covenant\u201d (correspondence), First Things 155 (Aug./Sep.) 6: \u201c[Gary] Anderson relies upon only one of the Old Testament\u2019s theologies, the Deuteronomic, according to which losers deserve to lose is for the unprepared (ill prepared). 1994 Junior (motion picture): \u201cLuck is for the ill-prepared\u201d (the motto of a biotech firm). 2004 Robert Juda, King of Ages (Lin- coln NE: iUniverse) 56: \u201c\u2018Good luck to you.\u2019 \u2018Luck is for the unprepared, friend, but thank you for the sentiment.\u2019\u201d 2007 Los Angeles Times, 23 Dec.: \u201c\u2018That\u2019s what it\u2019s all about\u2014it\u2019s about preparation,\u2019 he [Julian Affuso] told the students during their hike at Cerro Grande. \u2018Luck is for the unprepared.\u2019\u201d What\u2019s good for is good for Wall Street. 1995 Nick Sullivan, \u201cThe New State of Small Business,\u201d Home Office Computing 13, no. 5 (May) 46: \u201cWe haven\u2019t heard that in a long time, but it\u2019s true: What\u2019s good for Main Street is good for Wall Street is good for America.\u201d 2008 Irish Independent [Dublin], 11 Dec.: \u201cWhat\u2019s good for Main Street is good for Wall Street right now, a leading investment banker said yes- terday, inverting the famous Charlie Merrill quip.\u201d 2014 Invest- ment Week [London], 24 Mar.: \u201cBut when it comes to equity markets, the adage of \u2018what is good for Main Street is good for Wall Street\u2019 may not hold true in this environment.\u201d Cf. \u201cWhat\u2019s good for is good for Main Street has to do what a man has to do. See \u201cYou\u2019ve got to what you\u2019ve got to do.\u201d What gets gets done (If it doesn\u2019t get measured, it doesn\u2019t get done). 1968 Robert H. Waterman, Jr., \u201cLong-Range Planning\u2014What Is It?\u201d Proceedings: National Automation Conference (New York: American Bankers Association) 497: \u201cIt is not that measurement is an end in itself but rather that as Mason Haire, the behavioral scientist, likes to say, \u2018What gets measured gets done.\u2019\u201d 1974 David E. Zeltner, \u201cThe Philosophy of Organizational Analysis: An Interpretation,\u201d Industrial and Labor Relations Forum 108 10:119: \u201c\u2018Maxims\u2019 are general statements about the nature of organizations\u2026. For example, a statement such as \u2018what gets measured gets done\u2019 may be considered a maxim.\u201d 1982 Sonny Kleinfield, The Biggest Company on Earth (New York: Holt, Rinehart and Winston) 209 truism of the system has evolved: If it doesn\u2019t get measured, it doesn\u2019t get done. If it doesn\u2019t get measured properly, it doesn\u2019t get done properly.\u201d 1990 Laura A. Liswood, Serving Them Right (New York: Harper & Row) 78: \u201cThere\u2019s an old management saying: \u2018If it doesn\u2019t get measured, it doesn\u2019t get done.\u2019 It\u2019s equally valid to say that if you don\u2019t measure what\u2019s going on today, you have no way of setting standards for consistency in the future.\u201d Simple MINDS, simple pleasures (Simple pleasures for simple minds). 1957 Dorothy James Roberts, Missy (New York: Appleton- Century-Crofts) 4: \u201c\u2018Well, well! Simple pleasures for simple minds!\u2019 He tapped her playfully on the head.\u201d 2001 Kevin Price and John Gardner, Fairways and Highways (Lincoln NE: Writ- ers Club) 13: \u201cWe enjoyed the cheap thrill of driving across the nation\u2019s longest stretch of interstate without an exit (simple minds, simple pleasures).\u201d 2006 Robin T. Popp, Seduced by the Night (New York: Warner) 94: \u201cShe shrugged, a little embar- rassed to have shared that. \u2018You know what they say\u2014simple pleasures for simple minds.\u2019\u201d 2009 Salt Lake Tribune [Salt Lake City], 26 Dec.: \u201c\u2026\u2018Simple minds, simple pleasures,\u2019 I\u2019ve heard this saying spoken disparagingly, but I\u2019ve never understood the negative connotation is thicker than blood. 1904 Maude Roosevelt, \u201cSocial Logic,\u201d Lippincott\u2019s Monthly Magazine 74: 147: \u201cWell, it is that way all over the world, dear; money is thinker than blood nowadays\u2026.\u201d 1908 \u201cScientific Forethought vs. Brutal Blindness,\u201d Life Insurance Independent 20: no. 12 (Dec.) 271: \u201cWho was it said that blood is thicker than water? The point is not of much importance, but he might have added that money is thicker than blood\u2014especially the blood of old age.\u201d 1957 Brendan Gill, The Day the Money Stopped (Gar- den City NY: Doubleday) 158: \u201cBlood may be thicker than wa- ter, but money is thicker than blood.\u201d 1997 Edmonton [AB] Journal, 10 May: \u201cThe economic ties that bind us together are 109 weakening from lack of use, he [Graham Parsons] said. Like the old saying goes, money is thicker than blood.\u201d The proverb orig- inated as an anti-proverb based on \u201cBlood is thicker than water talks, wealth whispers. 1989 \u201cWords of the Week,\u201d Jet 76, no. 4 (1 May) 40: \u201cDorothy Donegan, veteran jazz pianist, giving her definition of real eco- nomic power: \u2018Money talks but wealth whispers.\u2019\u201d 1993 Tony Warwick-Ching, The International Gold Trade (Cambridge UK: Woodhead) 35: \u201c\u2018Money Talks, Wealth Whispers\u2019 is the slogan greeting travellers at Geneva airport, reflecting the city\u2019s legend- ary role as a centre of discreet private banking for the rich and the very rich.\u201d 2000 The Scotsman [Edinburgh UK], 24 Jul.: \u201cAlthough equally expensive, these watches are made of white gold, steel, and platinum. After all, Mr. [Johann] Rupert ob- served, \u2018Money talks, wealth whispers.\u2019\u201d Scared can\u2019t make money (Scared money won\u2019t win; Scared money is dead money; Don\u2019t play with scared mon- ey). 1935 Paul Gallico, \u201cGambling Is Certainly Wicked,\u201d Vanity Fair 43, no. 6 (Feb.) 22: \u201cIs there any field that can come up with a more exquisitely expressive phrase than one like \u2013\u2018You cannot win with scared money\u2019?\u201d 1973 Wall Street Journal, 27 Feb. (an ad for a brokerage firm): \u201cMany aggressive investors today say, \u2018Scared Money Can\u2019t Make Money.\u2019\u201d 1991 Charles Carroll, Handicapping Speed (New York: Lyons) 192: \u201cScared money rarely wins\u2014at best, it helps you break even.\u201d 1993 Los Angeles Times, 30 May: \u201c\u2026[Y]ou should remember the first adage of investing: Don\u2019t play with scared money.\u201d 2004 Phil Gordon and Jonathan Grotenstein, Poker: The Real Deal (New York: Simon & Schuster) 171: \u201c\u2026[S]cared money is dead money, so bring enough for a rebuy if you get unlucky (or do something stupid) and go broke.\u201d Don\u2019t try to kill a with a sledgehammer (hammer, hatchet). See \u201cDon\u2019t use a to kill a fly (Mother Nature) bats last. 1969 Paul Ehrlich, \u201cEco-Catastrophe,\u201d Ramparts 8, no. 3 (Sep.) 28: \u201cThe situation was recently summarized very succinctly: \u2018It 110 is the top of the ninth inning. Man, always a threat at the plate, has been hitting Nature hard. It is important to remember, how- ever, that LAST\u2019\u201d (capitalization as shown). 1973 Thea Teich, \u201cProducing a Teacher\u2019s Handbook for Platt National Parks Environmental Study Area\u201d (M.S. thesis of Wisconsin), 49: \u201c\u2018Nature bats last\u2014in other words, nature will eventually have the last word.\u201d 1987 Chicago Tribune, 2 Aug.: \u201cMuch of the Earth First! leadership comes from selling ecotage hand- books, bumper stickers bearing slogans such as \u2018Nature bats last,\u2019 and memorabilia\u2026.\u201d 1991 Los Angeles Times, 6 Jun.: \u201cThe short-term, superficial accounting methods of free traders hide these costs while they propel us down the fast track to global disaster. Remember: Mother Nature bats last.\u201d The saying is of- ten attributed to Ehrlich, although (in the 1969 quotation) he seems to disclaim the attribution. Leap (Jump), and the will appear. 1995 Orange County [CA] Register, 4 Jun.: \u201cOpportunity doesn\u2019t matter if you\u2019re not prepared. But once you\u2019re prepared, you have to step out on faith. There\u2019s a quote like: \u2018Leap and the net will appear.\u2019\u201d 1996 Miami Times, 18 Jan.: \u201cHe [Les Brown] encouraged people to shake off that fear and what he called the poverty mentality and take a leap of faith. \u2018Leap and the net will appear,\u2019 he said.\u201d 1999 Robin Crow, Jump and the Net will Appear: How Discovered the Art of Personal Achievement and the Rhythm of Success (Franklin TN: Legacy). If changes, nothing changes (Nothing changes if nothing changes). 1978 Proposed Aircraft Sales to Israel, Egypt, and Saudi Arabia: Hearings before the Committee on International Relations, House of Representatives, Ninety-Fifth Congress, Second Ses- sion (Washington DC: U.S. Government Printing Office) 90: [Congressman Stephen Solarz:] \u201cWould you say that in the ab- sence of any significant changes that the Saudis would not have the need for additional advanced aircraft?\u201d [Secretary of Defense Harold Brown:] \u201cIf nothing changes, nothing changes.\u201d 1991 Antonio V. Almeida, \u201cInside the Manhole: New Design on a Leaky Link,\u201d in Environmental Engineering: Proceedings of the 1991 Specialty Conference, edited by Peter A. Krenkel (New York: American Society of Civil Engineers) 100: \u201cFinally, as 111 government regulation reflects a growing concern for worker safety, the well-being of system inspectors must be the ultimate criterion by which all manholes are judged. The axiom of \u2018noth- ing changes unless something changes\u2019 is obvious.\u201d 1993 Ottawa Citizen, 30 Apr.: \u201cAfter a chat one night with a fellow seeking counsel about a problem of drink, this is what the old man said: \u2018The simplest notion but the most difficult reality we must face is that if nothing changes, nothing changes.\u2019\u201d 1998 Mail on Sun- day [London], 29 Nov.: \u201cBut then said to myself, \u2018when are you going to move to the country? Do you need a man and a ba- by to do it? No. Then do it now. Nothing changes if nothing changes tastes as good as (being) thin (skinny) feels (looks). 1989 Edmonton [AB] Journal, 26 Jun.: \u201cSweets remain [Pat] Parke\u2019s danger foods, but she can satisfy an occasional craving with one chocolate, she says\u2026. She agrees\u2026that \u2018nothing tastes as good as thin feels.\u2019\u201d 1989 Colorado Springs Gazette, 18 Dec.: \u201cShe recommends arming yourself mentally with words of en- couragement such as \u2018Nothing tastes as good as being thin feels.\u2019\u201d 2007 Atlanta Journal-Constitution, 31 May: \u201cThere\u2019s nothing cooler than seeing someone you haven\u2019t seen in awhile, and they comment on it [weight loss]. The saying, \u2018nothing tastes as good as skinny feels, is so doggone true.\u201d 2015 Daily Tele- graph [London], 18 Apr.: \u201c\u2018Nothing tastes as good as skinny looks,\u2019 Kate Moss infamously said.\u201d You can\u2019t choose (pick) your (family). 1966 Heather Westendorp, Living on Le$$ (Oxford Mills, ON: Westendorp) 128: \u201cThere\u2019s an old saying \u2018You can pick your friends but you can\u2019t choose your family.\u2019\u201d 1970 Atlanta Consti- tution, 16 Oct.: \u201c\u2018You can\u2019t choose your parents,\u2019 goes the old adage. Jimmy Grant didn\u2019t choose his.\u201d 1976 Arthur Ancowitz, Strokes and Their Prevention (New York: Pyramid), 51: \u201cUnfor- tunately, there\u2019s nothing much you can do about this [genetic] factor, since you can\u2019t pick your parents.\u201d The is the enemy of the good (Perfect is the enemy of good). 1946 Louis Wirth, \u201cCommunity Planning: Physical Structure,\u201d in Community Planning for Peacetime Living, edited by Wirth et 112 al. (Stanford CA: Stanford UP) 22: \u201cWe know that the good is the enemy of the perfect, but it is true that the perfect is the ene- my of the good. Compromising with the perfect is realistic\u2026.\u201d 1973 Committee on Public Engineering Policy, Priorities for Research Applicable to National Needs (Washington DC: Na- tional Academy of Engineering) 27: \u201cBut while\u2026recognizing that ultimate solutions to society\u2019s ills can never be achieved, the committee derives some comfort from the adage: the perfect is the enemy of the good.\u201d 1986 Los Angeles Times, 6 Nov.: \u201cPer- fect is the enemy of Good. Given a civilized, consensual legal system, the \u2018better ten criminals go free, than one innocent per- son be put to death\u2019 philosophy is pusillanimous\u2026.\u201d Cf. \u201cThe is the enemy of the perfect.\u201d You\u2019re only as good as your last (game, film, song, etc.). 1935 New York Times 24 Nov.: \u201cIt has been said that in Holly- wood you are only as good as your last picture, and\u2026Mr. [Li- onel] Barrymore\u2019s latest film was\u2026accorded an enthusiastic re- ception.\u201d 1947 William Du Bois, The Island in the Square (New York: Farrar, Straus) 356: \u201cYou\u2019re only as good as your last flop.\u201d 1948 Orville E. Reed (title of a 4-line poem), \u201cYou\u2019re only as good as your last time at bat,\u201d Printer\u2019s Ink 224, no. 6 (6 Aug.) 72. 1950 Jack Burton, \u201cThe Honor Roll of Popular Song- writers, No. 68: The Tobias Brothers (Part II),\u201d Billboard 15 Jul.: 57: \u201c\u2018You\u2019re only as good as the last song you wrote\u2019 is the phi- losophy he works on\u2026.\u201d 1957 New York Times, 18 Feb.: \u201cBut the professional maxim that you\u2019re only as good as your last pic- ture tends to apply socially as well\u2026\u201d 1958 Washington Post, 1 Nov.: \u201cIn football, you\u2019re only as good as your last season.\u201d 1953 Ward Morehouse, Just the Other Day (New York: McGraw-Hill) 226: \u201cAn actor is as good as his last performance; a critic is loved, or is scorned, by his last notice.\u201d 1962 Atlanta Constitution 15 Aug.: \u201cWhat is it they say, you\u2019re only as good as your last game.\u2019\u201d Simple for simple minds. See \u201cSimple MINDS, simple pleasures.\u201d 113 is not a spectator sport. 1963 Nelson Rockefeller, \u201cFace the Nation\u201d (Nov. 17), tran- scribed in News, Face the Nation, 1963-1964 (New York: Holt, Rinehart and Winston, 1972) 7:55: \u201cAnd think we would arouse a lot of participation on the part of the public. Politics is not a spectator sport. We need public participation.\u201d 1969 Ronald Reagan, quoted by Congressman Burt L. Talcott, \u201cGov- ernor Reagan Is Running California Well,\u201d Congressional Rec- ord 115, part 25, 34495 (Nov. 17): \u201cTax reform is dependent upon politics, the process by which we govern ourselves\u2014and politics is not a spectator sport.\u201d 1985 Washington Post, 18 Oct.: \u201cPolitics is not a spectator sport, and Barbara Miculski has never been one to sit on the sidelines.\u201d Cf. \u201cLife is not a spectator sport.\u201d You can\u2019t be too or too thin (too thin or too rich). 1974 Ann Fears Crawford, \u201cLiving off the Fat of the Land,\u201d Texas Monthly 2, no. 1 (Jan.) 42: \u201c\u2026[T]he Duchess of Windsor once stated, \u2018You can never be too rich or too thin.\u2019 Flip through the pages of Harper\u2019s Bazaar or Vogue, and you know that Wal- ly has got to be right.\u201d 1974 Washington Post, 6 Jan.: \u201c\u2018You can never be too thin or too rich,\u2019 the Duchess of Windsor is said to have said. And, among politicians, it seems you can never be too mawkishly modest about your riches either.\u201d 1975 Atlanta Con- stitution, 21 Dec.: \u201cThe old saying,\u2026supposedly given the world by a married socialite, that you can never be too rich or too thin, also seems to be borne out by Mrs. Barry\u2019s operation.\u201d No one remembers PLACE. 1967 Ron Clarke and Norman Harris, The Lonely Breed (Lon- don: Pelham), 20: \u201cNo one remembers second place\u2026These few seconds are vital\u201d (ellipsis dots as shown). 1973 Kenny Moore, \u201cBut Only on Sunday: Ron Clarke,\u201d Sports Illustrated 38, no. 8 (25 Feb.) 42: \u201cThe chorus, whenever [distance runner] Ron Clarke is consigned to insignificance, is \u2018Who ever remembers second place?\u2019\u201d 1987 Washington Post, 5 Feb.: \u201c\u2018The only per- son that can beat me is myself,\u2019 [wrestler Mo] Hall said. \u2018One match kept me from winning everything\u2026. No one remembers second place, so I\u2019m going for it all this year.\u2019\u201d 114 something (If you see something), say something. 1992 Burlington County [NJ] Times, 3 Aug.: \u201c\u2018Above all, mem- bers want to encourage other residents to get involved in making the [apartment] complex a nicer, safer place to live. \u2018It\u2019ll be up to the residents,\u2019 [council chairman Allan] Ashinoff said. \u2018If you see something, say something.\u2019\u201d 2002 Heidi Jacobs, \u201cSpeaking Up,\u201d Adweek 43, no. 5 (26 Jan.) 5: \u201cIt\u2019s up to you to help thwart terrorist acts, charge new ads from Korey Kay & Partners. The work, created recently in response to Sept. 11, features the ta- gline, \u2018If you see something, say something.\u2019\u201d 2004 Lowell [MA] Sun, 13 May: \u201cSigns, which will be put on trains and buses\u2026, use the project\u2019s motto, \u2018See something? Say something.\u2019\u201d Don\u2019t use a (hammer, hatchet) to kill a fly (gnat, mosquito) (Don\u2019t try to kill a fly with a sledgeham- mer). 1910 Agnes C. Laut, The Freebooters of the Wilderness (New York: Moffat, Yard) 285 don\u2019t believe\u2026we like them very much; but one doesn\u2019t kill a mosquito with a hammer.\u201d 1917 Isabel Paterson, The Shadow Riders (New York: John Lane) 992: \u201cIt was not he who had alarmed the Opposition\u2026; they wouldn\u2019t kill a fly with a sledgehammer.\u201d 1941 Joseph E. Davies, Mission to Moscow (New York: Simon & Schuster) 421: \u201cThere appears to be little subversive Comintern activity in the United States\u2026. For the present at least under existing conditions, it is not advis- able to \u2018use a hatchet to kill a fly.\u2019\u201d 1991 Resource Conservation and Recovery Act Amendments, 1991: Hearings before the Sub- committee on Environmental Protection of the Committee on Environment and Public Works. United States Senate. One Hun- dred Second Congress. First Session (Washington DC: U.S. Government Printing Office) 2:321: \u201cYou can\u2019t drive a nail with a fly swatter and you shouldn\u2019t try to kill a fly with a hammer. You have to distinguish between the processes and the objec- tives\u2026.\u201d 1996 Ellen K. Quick, Doing What Works in Brief Therapy (San Diego: Academic) 95: \u201cThere is a saying that one should not \u2018use a sledgehammer to kill a fly when a fly swatter will do the job.\u2019\u201d 1998 Wall Street Journal, 12 Aug.: \u201c\u2026[C]ritics quickly labeled them [environmental regulators] as too heavy-handed. \u2018You don\u2019t want to use a hammer to kill a fly\u2026. .\u201d 2007 Steve Piontek, \u201cRuritanian Wisdom,\u201d National 115 Underwriter, Life and Health 11, no. 2 (8 Jan.) 4: \u201cThe old Ruri- tanian proverb\u2014\u2018don\u2019t use a sledgehammer to kill a fly\u2019\u2014came to mind as reflected on one of the actions\u2026\u201d (Ruritania is a fictional country end up in ditches. 1997 Sinister (rap songster and Salt Lake City gang member), \u201cPut a Snitch in the Ditch,\u201d quoted in Gang-Related Witness In- timidation and Retaliation: Hearings before the Subcommittee on Crime of the Committee on the Judiciary, House of Representa- tives, One Hundred Fifth Congress, First Session, June 17 (Washington DC: U.S. Government Printing Office), 32-33: \u201cIf homeboy snitch, they all going to the pen / But if he do he gonna sleep with the fishes / Cause snitches lie in ditches.\u201d 2001 Steve Jackson, Rough Trade (New York: Pinnacle) 32: \u201cShe knew from personal experience that \u2018snitches end up in ditches\u2019 wasn\u2019t just a saying.\u201d 2003 Stephen J. Cannell, Hollywood Tough (New York: St. Martin\u2019s), 19: \u201cNear the body was a cardboard sign\u2026, \u2018Snitches get stiches and end up in ditches get stitches. 1987 Newsday [New York], 22 Mar.: \u201c\u2026[John] Rizzi testified that he \u2018learned to keep my mouth shut\u2019 while there [in pris- on]\u2026. \u2018They have a phrase that says, \u201cSnitches get stitches,\u201d\u2019 Rizzi explained.\u201d 1989 Francis Ianni, Search for Structure (New York: Macmillan) 215: \u201cRelationships with the correctional staff, however, do not offer protection, and one maxim learned by each new inmate is \u2018Snitches get stitches,\u2019 so few try to sur- vive by informing to the staff.\u2019\u201d 1990 New York Times, 1 Sep.: \u201c\u2026[O]ften, despite the dictum that \u2018snitches get stitches,\u2019 they [prison inmates and guards] do each other favors.\u201d You\u2019re only as good as your last SONG. See \u201cYou\u2019re only as good as your last PERFORMANCE.\u201d It\u2019s not where you that matters; it\u2019s where you finish (end up). 1970 Atlanta Constitution, 27 Mar.: \u201c\u2026\u2018[I]t isn\u2019t where you start that matters, it\u2019s where you finish,\u2019 the three-time Atlanta 500 champ [Cale Yarborough] remarked.\u201d 1970 Atlanta Constitution, 2 May: \u201cMy jockey, Mr. Ray Broussard, isn\u2019t worried. He knows we can beat this crowd. Where you start isn\u2019t important; it\u2019s 116 where you finish.\u201d 1972 Mavor Moore, \u201cThe Store,\u201d in Collec- tion of Canadian Plays, edited by Rolf Kalman (Toronto: Simon & Pierre) 2: D-24: \u201cIt doesn\u2019t matter where you start, it\u2019s where you end up\u2014and that\u2019s not the end.\u201d If you ready, you won\u2019t have to get ready. 1994 Washington Post, 26 Apr.: \u201c\u2026[Former mayor Marion Bar- ry] has been plotting a mayoral comeback since he returned from prison. \u2018He says that if you stay ready, you don\u2019t have to get ready.\u2019\u201d 2005 Pittsburgh Post-Gazette, 31 Dec.: \u201c\u2018My motto is, you stay ready, you don\u2019t have to get ready,\u2019 [football player Verron] Haynes said. \u2018I\u2019ve been saying since was a rookie prepare as if I\u2019m going to start.\u2019\u201d 2009 Louisiana Weekly [New Orleans] 2 Sep.: \u201c\u2026[A]s members of and other human and civil rights organizations used to point out, if you stay ready you don\u2019t have to get ready is its own reward. 1992 Toronto Star, 27 Jun would not take my \u201985 Honda down a corduroy road, then sue Honda because tore out the oil pan. Stupidity is its own reward.\u201d 1996 Philip R. Craig, Death on a Vineyard Beach (New York: Scribner\u2019s) 29: \u201c\u2026[A]nyone who deliberately leaves Martha\u2019s Vineyard in July and drives to Boston for a weekend deserves whatever wretch- edness he encounters, the principle being that stupidity is its own reward.\u201d 2003 Toronto Star, 15 Dec.: \u201cHe [Saddam Hussein] sealed his own fate when he decided to stay instead of escaping to safer ground. He is living testament that stupidity is its own reward.\u201d The proverb originated as an anti-proverb based on \u201cVirtue is its own reward.\u201d Don\u2019t mess with SUCCESS. 1978 New York Times, 2 Apr.: \u201cOut of generations of dealing with the persistent, ornery problems of metal cutting comes the First Law of Machining: \u2018Don\u2019t mess with success.\u2019\u201d 1981 James Tabor, \u201cWalking: Focus on Motion,\u201d Backpacker 9, no. 2 (Apr./May) 49: \u201c\u2026[Y]ou have disrupted that balanced orchestra- tion that evolution handed you after four million years of R&D. Moral here: don\u2019t mess with success.\u201d 1997 Dallas Morning News, 18 Dec. (regarding the movie Tomorrow Never Dies): \u201cIts 117 don\u2019t-mess-with-success approach adds nothing new to the Bond canon.\u201d You (can) find between shit (sin) and syphilis (in the dictionary). 1961 George Henry Johnston, Closer to the Sun (New York: Morrow) 154: \u201c\u2018If want sympathy, brother,\u2019 he said in a lower voice can find it where I\u2019ve always found it\u2014in the diction- ary, between \u201csin\u201d and \u201csyphilis\u201d!\u2019\u201d 1967 Hal Travers, Voyage Sixty-Nine (Rancocas NJ: Dorset) 335: \u201cWe often found much relief by weeping on each other\u2019s shoulders didn\u2019t have to look in the dictionary between shit and syphilis so long as he was available.\u201d 1971 Tracy Kidder, \u201cHobo Convention,\u201d Audience 1, no. 5 (Sep./Oct.) 54: \u201cIt might be noted that sympathy never in- terested hoboes much. There is a saying on the rails: \u2018You find sympathy between shit and syphilis in the dictionary.\u2019\u201d One TEAM, one dream. See \u201cOne DREAM, one team.\u201d You can\u2019t be too or too rich. See \u201cYou can\u2019t be too or too thin.\u201d Good happen (come) to good people. 1980 Atlanta Constitution, 22 Dec.: \u201c\u2026I\u2019m excited because to me, my father is the greatest man in the world, and believe that good things happen to good people.\u201d 1985 Philadelphia Daily News 16 Mar.: \u201cHe told me he didn\u2019t think he was contributing enough. But as I\u2019ve always said, \u2018Good things come to good people.\u2019\u201d 1986 Ronald Barri Flowers, Children and Criminality (Westport CT: Greenwood) xii: \u201cGratitude is also extended to\u2026my former editor, who\u2026restored my faith in the old adage that some way, somehow, good things happen to good people to justice anywhere is a threat to (threatens) jus- tice everywhere. See anywhere is a threat to justice everywhere.\u201d You say \u201cTOMATO\u201d [t\u0259me:to say \u201ctomaato\u201d [t\u0259ma:to]. 1967 Robert Troop, The Hammering (London: Joseph) 40: \u201c\u2018Naturally don\u2019t want to cause a breach in the Anglo- American alliance, but sense\u2026a disparity of cultures say tomato and you say tomayto?\u2019 \u2018Yes, yes, aptly put,\u2019 Horaenson 118 agreed\u201d (ellipsis dots as shown). 1971 Tom Eyen, Sarah B. Di- vine! And Other Plays (New York: Winter House) 83: \u201c\u2018Che- khov! Not Check-off! Must you bring everything down to your own level?\u2019 \u2018You say tamahto say tomato.\u2019\u201d 2000 Peter A. Ubel, Pricing Life (Cambridge Press) 20: \u201cAt first glance, this discussion may seem unnecessary. You say \u2018tomato say \u2018tomahto.\u2019 You say \u2018allocation say \u2018first-order tragic choice.\u2019\u201d 2004 Sam Horn, Tongue Fu! At School (Lanham MD: Taylor) 114: \u201cThe following phrases can give antagonists a face- saving out\u2026. \u2018Different strokes for different folks.\u2019\u2026\u2018You say tomato say tomato [sic]. To each his own.\u2019\u201d The saying, mis- quoted, entered oral tradition as a proverb from Ira and George Gershwin\u2019s song \u201cLet\u2019s Call the Whole Thing Off,\u201d from the motion picture Shall We Dance (1936): \u201cYou like potato and like po-tah-to; / You like tomato and like to-mah-to; / Potato, po-tah-to, tomato, to-mah-to\u2014 / Let\u2019s call the whole thing off!\u201d Small TOWN, big heart. 1982 Atlanta Constitution, 15 Sep.: \u201cThey have a slogan in Clarkston\u2026. It\u2019s right there next to the city limits sign: \u2018Small town, bit heart.\u2019\u201d 1993 New York Times, 23 May: \u201cBarnstead, N.H.: Small Town, Big Heart\u201d (title of an article). 2004 Concord [NH] Monitor, 25 Oct.: \u201cWe are fortunate to have a veterinarian whose love and compassion for animals parallels my own\u2026. He is a small-town, big-heart country vet\u2026.\u201d There exists an anti- proverb \u201cSmall town, big ears.\u201d If you want to fast, travel alone; if you want to travel far, travel with company (companions, friends, others). See \u201cIf you want to fast, go alone; if you want to go far, go with others make the rules. See \u201cWinners make the rules.\u201d What\u2019s good for is good for Main Street (If it\u2019s good for Wall Street, it\u2019s good for Main Street). 1995 Gus Tyler, \u201cBoom before Bust,\u201d Forward 97: 957: \u201cThe conclusion is that what is good for Wall Street is good for Main Street. Or is the big boom the prelude to a bigger bust?\u201d `2009 Business Times [Singapore], 5 Mar.: \u201cFor many years, as the president [Obama] has said often, we had a mindset that, if it was 119 good for Wall Street, it was good for Main Street.\u201d 2011 Sunday Times [London], 6 Mar.: \u201c\u2026[T]hese resilient Irish public com- panies will not be investing in Ireland any time soon. Is there an Irish translation for the old adage of what\u2019s good for Wall Street is good for Main Street?\u201d Cf. \u201cWhat\u2019s good for is good for Wall Street (Victors) make the rules (The winners make the rules for the losers; Winners make the rules, and losers live by them). 1940 Lawrence Dennis, The Dynamics of War and Revolution (New York: Weekly Foreign Letter) 23 (chapter title): \u201cThe Vic- tors Make the Rules.\u201d 1992 Los Angeles Times, 30 July.: \u201cOnce my ancestors ruled this land\u2026. Then, suddenly a few years ago they start fighting over a dusty wasteland called Texas. (Snaps fingers) Y, pronto, I\u2019m the foreigner. Winners make the rules, Mexicans make do.\u201d 1995 Robert C. Doyle, Voices from Captiv- ity (Lawrence of Kansas P) 57: \u201cSuch conventions are usually called after an international conflagration by war-weary na- tions\u2026. Winners make the rules for the losers, and there are no guarantees that future warring nations will see any value in such rules\u2026.\u201d 1997 Brian Caswell and David Chiem, Only the Heart (St. Lucia of Queensland P) 27: \u201cThey\u2019d just have taken him out and shot him. The winners make the rules\u2014on torture, murder\u2026whatever\u201d (ellipsis dots as shown (Champions) make their own luck. 1989 Bryce Courtenay, The Power of One (New York: Random House) 400: \u201c\u2026Morrie made us think and behave like winners. \u2018Winners make their own luck, but winners are also lucky,\u2019 he said.\u201d 1990 New York Times, 27 Aug.: \u201c\u2018We [tennis players Hel- ena Sukova and Jana Novotna] have been playing well, but at the same time we have had some luck also.\u2019 The saying goes, though, champions make their own luck.\u201d 1992 Today, 31 Jul.: \u201c\u2018We are the best-prepared [bicycling] team in the world,\u2026\u2019 Olympic coach Chris Carmichael said. \u2018You need luck to win, but always say winners make their own luck.\u2019\u201d There is no (little in the second kick of a mule. See \u201cThere is no in the second kick of a mule.\u201d 120 Network (You have to network) to get WORK. 1999 Newsday [New York], 12 Jul. (announcement of a meet- ing): \u201cSociety for Marketing Professional Service, \u2018Network to Get Work,\u2019 6-8 p.m., Rose & Thistle Outdoor Patio\u2026.\u201d 2000 Daily Mail [London], 20 Apr. (title of an article): \u201cNetwork to Get Work.\u201d 2002 Buffalo [NY] News, 12 May: \u201c\u2018It\u2019s a full-time job getting a job,\u2019 they say. \u2018You have to network to get work,\u2019 the group is reminded.\u201d 2003 Daily Mirror [London], 13 Nov.: \u201cNetwork to get work. Talk to everybody and anybody and let them know you are looking for work.\u201d Charles Clay Doyle Department of English University of Georgia Athens, Georgia 30602 E-mail: cdoyle@uga.edu Wolfgang Mieder Department of German and Russian 422 Waterman Building University of Vermont 85 South Prospect Street Burlington, Vermont 05405 E-mail: Wolfgang.Mieder@uvm.edu"} |
7,666 | Michel Strickmann | University of California – Berkeley | [
"7666_101.pdf",
"7666_102.pdf",
"7666_101.pdf",
"7666_102.pdf"
] | {"7666_101.pdf": "archive.today webpage capture Saved from history \u2190prior next\u2192 search 18 Mar 2025 13:11:10 Redirected from no other snapshots from this url All snapshots from host chronicle.com from host share download .zip report bug or abuse Buy me a coffee Webpage Screenshot Tenured Professor Dismissed at Berkeley in Wake of Sexual-Harassment Charges By Jack McCurdy October 9, 1991 Oakland, California -- The University of California Board of Regents has dismissed a faculty member on sexual-harassment charges. He is believed to be the first tenured professor to be fired at the university. Michel Strickmann, an associate professor of Oriental languages at the Berkeley campus, was dismissed by the board in an executive session in June. The action did not become widely known until later, however, when a student-newspaper reporter found a brief note in the minutes of the board\u2019s meeting university spokesman confirmed that the professor had been dismissed, but would not provide details because of state privacy laws. But a campus source who asked not to be identified said numerous complaints of sexual harassment had been filed with the university against Mr. Strickmann by more than one female student recommendation that charges be brought against the professor was originally made by the Office of the Title Coordinator on the Berkeley campus, which investigated the complaints, the source said. During the internal disciplinary process that followed, a faculty committee that deals with tenure issues on the Berkeley campus reviewed the charges, determined there had been wrongdoing on the professor\u2019s part, and recommended dismissal, a university official said. Top Jobs from The Chronicle Dean of the College of Public Policy Hamad Bin Khalifa University Instructional Faculty/Lecturer in Computer Information Technologies Rochester Institute of Technology Assistant Teaching Professor of Chemistry Iowa State University- Department of Chemistry (Finance) New York University School of Professional Studies Search All Jobs Upcoming Events: Virtual Career Fair Women's Leadership Program Subscribe Sign In Sections Topics Magazine Newsletters Virtual Events Store Jobs Mr. Strickmann, who could not be reached for comment, joined Berkeley\u2019s faculty in 1978 and received tenure in 1980. He contested the charges throughout the dismissal proceedings lawyer who represented him during the proceedings said he was considering suing the university to challenge his dismissal. We welcome your thoughts and questions about this article. Please email the editors or submit a letter for publication. Subscribe Today Explore Content Latest News Newsletters Letters Free Reports and Guides Professional Development Virtual Events Chronicle Store Chronicle Intelligence Jobs in Higher Education Post a Job Know The Chronicle About Us Vision, Mission, Values at The Chronicle Write for Us Work at The Chronicle Our Reporting Process Advertise With Us Brand Studio Accessibility Statement Account and Access Manage Your Account Manage Newsletters Individual Subscriptions Group and Institutional Access Subscription & Account Get Support Contact Us Reprints & Permissions User Agreement Terms and Conditions Privacy Policy California Privacy Policy Do Not Sell My Personal Information 1255 23rd Street, N.W. Washington, D.C. 20037 \u00a9 2025 The Chronicle of Higher Education The Chronicle of Higher Education is academe\u2019s most trusted resource for independent journalism, career development, and forward-looking intelligence. Our readers lead, teach, learn, and innovate with insights from The Chronicle. Share", "7666_102.pdf": "archive.today webpage capture Saved from no other snapshots from this url search 18 Mar 2025 13:11:37 All snapshots from host share download .zip report bug or abuse Webpage Screenshot California : Professor Fired for Sexual Harassment L.A. Times Archives Aug. 14, 1991 12 professor at Berkeley has been fired in a sexual harassment case, campus officials said. The dismissal of associate professor Michel Strickmann was announced as a matter of routine two months ago following approval of the action by the university Board of Regents, said campus spokesman Ray Colvig. However, no mention was made at that time of the reasons for the dismissal, as is customary in personnel cases, Colvig said. Colvig said Strickmann\u2019s dismissal was based on violations of the faculty\u2019s code of conduct and that the offense was sexual harassment. He declined, however, to provide other details about the events leading to the dismissal. More to Read Charges that a Davis professor threatened Zionists are unresolved. Regents want action Jan. 23, 2025 resolves federal civil rights complaints of antisemitism, Islamophobia and anti-Arab bias Dec. 20, 2024 Faculty accuse campuses of labor violations over pro- Palestinian protest crackdowns Sept. 23, 2024 Share Sections 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. More From the Los Angeles Times Judge shuts down recycling plant accused of spewing toxins onto L.A. school March 17, 2025 The California Office for Civil Rights is closing. What now for school discrimination cases? March 17, 2025 Trump opens investigations at three California colleges alleging DEI-based discrimination March 14, 2025 Immigration officials arrest second person involved in pro-Palestinian protests at Columbia March 14, 2025 Most Read in California Winner of largest Mega Millions jackpot in California history is identified March 17, 2025 rape case in the world of kink asks which of actor\u2019s many lovers should be believed March 18, 2025 These California coastal cities face heightened flood danger from tsunami, data show March 18, 2025 As baby great whites cruise among California surfers, science finds (almost) nothing to fear March 14, 2025 Subscribers are Reading modern Stonehenge rises in Desert Hot Springs: Here are the standouts in Desert 2025 Why is Mayor Karen Bass deleting her text messages? Malibu businesses struggling in the aftermath of fire and restrictions Enter email address Subscribe for unlimited access Site Map Follow Us \u200b \u200b \u200b \u200b \u200b \u200b eNewspaper Coupons Find/Post Jobs Place an Ad Media Kit: Why the L. A. Times? \u200b \u200b \u200b \u200b \u200b \u200b Crossword Obituaries Recipes Guides L.A. Times Store \u200b \u200b \u200b \u200b \u200b About/Contact For the Record L.A. Times Careers 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 He calls himself L.A.\u2019s rags-to-riches pot billionaire. Investors allege in court their money disappeared L.A. County\u2019s budget is taking hit after hit. Trump could make things worse Latest California As debris removal continues in Altadena, residents eager to learn next steps to rebuild March 18, 2025 Contributor: California needs to think outside the blue box March 18, 2025 \u2018The only thing still left.\u2019 Volunteers race to save Altadena\u2019s vintage tiles from the bulldozers March 18, 2025 Driver rampaged through Inglewood CarMax. Injured customers sue him and the dealership March 18, 2025 Adults-only hotels are all over California. Are they even legal? March 18, 2025"} |
7,911 | C. Wayne Jones | Western Kentucky University – Glasgow | [
"7911_101.pdf"
] | {"7911_101.pdf": "Western Kentucky University settles harassment suits Published 12:00 am Thursday, December 30, 1999 By The Daily News ( Three women who accused the former director of Western Kentucky Universitys Glasgow campus of sexual harassment, stalking and unwanted romantic overtures and accused Western leaders of failing to respond to their complaints will split a $290,000 settlement in the matter. Bowling Green attorney Steve Thornton, who represented Janet Short of Smiths Grove and Jessica Allen of Glasgow, said Monday that he is disappointed by Westerns failure to acknowledge wrongdoing in settling the womens lawsuits. Western announced Monday that Short and Allen will receive $100,000 each and Tammy Collins of Cave City will get $90,000 to resolve civil suits alleging that Wayne Jones persistently sexually harassed them, intimidated and frightened them, stalked them and interfered with their ability to attend school and perform their duties as on-campus employees. Jones since has resigned. Western President Gary Ransdell, flanked by university attorney Deborah Wilkins and Bowling Green attorney Mike Owsley, said the settlement was a financial decision designed to stop draining university finances and avoid further disruption to campus and community. Ransdell said he felt the university handled the investigation into Jones misbehavior as well as could be expected. In any litigation, there are always some tense moments, Owsley said. We wish all three of the young women well. Thornton said the suits never were about money and that both of his clients initially offered to settle for $30,000 an offer rebuked by Western. If Western had fired Jones after its internal investigation, Thorntons clients never would have filed their suits, he said. What they need to do is just say, We made a mistake; we should have fired Wayne Jones, Thornton said. You cant correct a problem until you accept responsibility. Thornton said he was disappointed by Westerns handling of the settlement announcement. If they had taken the high road today and had said, We made a mistake, we acknowledge the mistake we made and we want to move on intended to make no statement, Thornton said. But for them to say, We deny any liability and did it for financial reasons is simply irresponsible. My goal was never to punish Western. It was to try to stop what happened here from happening in the future. The allegations against Jones spanned from spring 1997 to spring 1998 and ranged from unwanted touching to stalking and creating a hostile work environment. Jones accepted Westerns offer to resign in November 1998, following an internal investigation by administrators who found ample evidence that the allegations were true. Email newsletter signup Sign up for our daily email newsletter add your email address here, cancel anytime Subscribe"} |
7,367 | Harvey J. Makadon | Harvard University | [
"7367_101.pdf",
"7367_102.pdf",
"7367_103.pdf",
"7367_104.pdf"
] | {"7367_101.pdf": "The Crimson is a student-run nonprofit. Please support us by disabling AdBlock for our site. Medical School Professor Resigns Amid Harassment Allegations By Luke W. Vrotsos, Crimson Staff Writer January 5, 2018 Harvard Quietly Resolves Anti- Palestinian Discrimination Complaint With Ed. Department Following Dining Hall Crowd Harvard College Won\u2019t Say It Tracked Wintersession Mo Gordon Hall of Medicine, an administrative building at Harvard Medical School, sits overlooking the Quadrangle at the Longwood campus. Sections 2/16/25, 11:56 Medical School Professor Resigns Amid Harassment Allegations | News | The Harvard Crimson 1/4 Facing accusations of sexual misconduct, physician and longtime Harvard Medical School professor Harvey J. Makadon resigned from his positions on the faculty at the Medical School and staff of Beth Israel Deaconess Medical Center last month. Makadon, who had taught at the Medical School for decades, was accused of misconduct by several men, including World Bank health policy strategist Armin Fidler. Fidler claims that Makadon made unwanted advances toward him in 1990, while Fidler was a student at the Harvard School of Public Health, the Boston Globe reported Monday. He wrote to Harvard to report the alleged misconduct in November. Fidler declined to comment for this story. Gary R. Brissette, a Chestnut Hill doctor who completed his residency at Beth Israel, alleged that Makadon inappropriately touched him in the early 1990s. Another man, a patient who saw Makadon for treatment in the late 1980s, also claims that Makadon sexually harassed him. In an interview Wednesday, Makadon repeatedly denied sexual harassment claims made by Fidler and others have no recollection of Dr. Fidler and certainly did not behave in the way that he described,\u201d he said. Makadon stepped down from his post at Beth Israel on Dec. 8, when the allegations came to light. According to Medical School spokesperson Gina Vild, Makadon\u2019s faculty position at the Medical School was based on his hospital appointment, so when Makadon resigned from Beth Israel, his Harvard appointment ended simultaneously. Vild declined to comment on Makadon\u2019s individual case. \u201cWhile we are not able to discuss specific cases, be assured that we take every concern reported to us extremely seriously,\u201d she said. Makadon served as an advisor during his time as clinical professor of medicine at the Medical School. He also formerly worked at Fenway Health, a medical center specializing in the treatment of individuals, before he was Sections 2/16/25, 11:56 Medical School Professor Resigns Amid Harassment Allegations | News | The Harvard Crimson 2/4 Want to keep up with breaking news? Subscribe to our email newsletter forced to resign amid allegations that he had sexually harassed and bullied coworkers. The Boston Globe reported that formal complaints made at Fenway Health against Makadon dated back to 2013. Twice since then, Fenway Health commissioned external law firms to investigate the allegations against Makadon. One of these investigations, in 2015, recommended Makadon be fired. Makadon\u2019s resignations come as a national movement has brought heightened attention to the issue of workplace harassment and toppled powerful men in Hollywood, government, media, and the corporate world. The movement has prompted more individuals to come forward with stories of harassment, and Harvard has seen a 20 percent increase in sexual harassment complaints since it began. \u2014Staff writer Luke W. Vrotsos can be reached at luke.vrotsos@thecrimson.com Reports of Sexual Harassment at Harvard Increase Amid National Movement Seeking to Prevent Sexual Assault, Harvard's Progress is Uneven Box to be Checked': Harvard College's Sexual Assault Prevention Efforts Harvard, Plaintiff Propose Schedule for Sexual Harassment Case 1. Harvard Researchers Discover Origin of Indo-European Language Family 2. I\u2019m a Former Dean. Here\u2019s What Trump\u2019s Cuts Will Actually Do. 3. Law Firm Withdraws From Representing Prof. Gino in Suit Against Harvard 4. Harvard Researchers Brace for Impact As Threatens To Limit Support For Indirect Costs Sections 2/16/25, 11:56 Medical School Professor Resigns Amid Harassment Allegations | News | The Harvard Crimson 3/4 The Harvard Crimson The University Daily, Est. 1873 News Opinion Arts Blog Magazine Videos Sports General Diversity & Inclusion Privacy Policy Rights & Permissions Sitemap Advertising Newsletters Journalism Programs Corrections Copyright \u00a9 2025 The Harvard Crimson, Inc. 5. Reasons Why You Wore Your Harvard Sweatshirt to the Airport Sections 2/16/25, 11:56 Medical School Professor Resigns Amid Harassment Allegations | News | The Harvard Crimson 4/4", "7367_102.pdf": "The chief executive of Fenway Community Health Center resigned Sunday, under pressure from the board of directors, employees, and donors over his handling of complaints that a prominent doctor had allegedly sexually harassed and bullied staff members there for years Fenway Health resigns over handling of harassment complaints By Beth Healy and Sacha Pfeiffer, The Boston Globe December 11, 2017 7 minutes to read Fenway Community Health Center in 2013. Joanne Rathe/The Boston Globe/File 36 2/16/25, 11:56 Fenway Health resigns over handling of harassment complaints 1/8 Dr. Stephen L. Boswell\u2019s departure after 20 years as chief executive came two days after a Globe investigation published online Friday detailed allegations of harassment and bullying by Dr. Harvey J. Makadon. Makadon, 70, allegedly sexually harassed at least three male employees at Fenway Health and bullied both male and female co-workers, according to current and former employees of the Boston-based medical institution, known for its pioneering care and advocacy for patients. The first serious complaint against Makadon was filed in 2013, according to interviews with current and former employees and documents reviewed by the Globe. But it wasn\u2019t until this spring that Makadon, who was director of education and training at the Fenway Institute, Fenway\u2019s research arm, was forced to resign. Boswell in 2015 allegedly ignored an outside law firm\u2019s explicit recommendation to fire Makadon, the Globe reported Friday. Boswell also failed to inform the board of the Makadon allegations, including those resulting in a $75,000 settlement last year with a former male employee, according to three employees and an internal document compiled by some employees to summarize events related to Makadon. The board learned of the issues in January 2017, after another executive took the information to the chairman, the sources said. In a statement Sunday afternoon, the board\u2019s executive committee announced Boswell was no longer employed by the organization. The committee appointed M. Jane Powers, Fenway\u2019s director of behavioral health and the only woman in senior management, as interim chief, while a search is conducted for a permanent replacement. \u201cFenway exists to enhance the well-being of the lesbian, gay, bisexual, and transgender community, and all people in our neighborhoods and beyond,\u2019\u2019 the board statement said. \u201cFenway Health is bigger than any single person.\u2019\u2019 The ouster was a dramatic turnabout from Friday, when Fenway\u2019s chairman, Robert H. Hale, had issued a statement in response to Globe questions, saying the board was continuing to back Boswell, despite concerns about his handling of the Makadon situation. 2/16/25, 11:56 Fenway Health resigns over handling of harassment complaints 2/8 Boswell, now 61, joined Fenway in 1994 and served as medical director. He became chief executive in 1997 and is credited with helping build Fenway into an institution with a $100 million budget that employs about 500 people and serves 29,500 patients annually. In a statement Sunday evening, Boswell said he ordered \u201csignificant discipline\u2019\u2019 for Makadon when \u201cunacceptable conduct\u2019\u2019 came to his attention. \u201cIn retrospect would have done this differently. At the time earnestly believed that the steps taken would ensure the safety of my valued staff,\u2019\u2019 he said profoundly regret that these actions fell short.\u2019\u2019 The Fenway board approved a new contract for Boswell in late spring, just months after learning about the Makadon allegations. Boswell had total compensation of $456,158 in fiscal 2015, the latest tax filing accessible in GuideStar, a website that compiles nonprofit financial data. Makadon\u2019s alleged unwelcome touching of some male co-workers was widely known, according to three female former employees who witnessed it or were told of the behavior by alleged victims. It also was well known that Makadon, a prominent advocate for health care and a former chairman of the Fenway board, at times yelled at and belittled both male and female staff members, current and former employees said. Makadon, in phone interviews, denied he sexually harassed co-workers and said Fenway executives did not present to him the allegations being brought to light in this report. \u201cAny allegation that my behavior at Fenway was sexually abusive in any way is completely untrue,\u2019\u2019 Makadon said in a statement. Interviews and documents reviewed by the Globe detailed behavior by Makadon from 2013 through 2016 that allegedly involved uninvited touching of at least three Fenway employees \u2014 unwanted shoulder and neck rubs, a hand on a knee, hovering too close at a work station, and in the worst case, allegedly putting his hand into the back of someone\u2019s pants. Employees also reported persistent dinner invitations and, in some instances, unwanted touching at off-site events. In three sexual harassment cases where formal complaints were made, male employees reported being made to feel uncomfortable while alone in Makadon\u2019s office with the door shut. One man started keeping a chair between himself and Makadon to prevent 2/16/25, 11:56 Fenway Health resigns over handling of harassment complaints 3/8 unwanted touching at his cubicle, according to a lawyer\u2019s letter reviewed by the Globe and interviews with former Fenway co-workers. Some employees who complained about Makadon\u2019s behavior were advised to toughen up, according to the sources, and were told it was just \u201cHarvey being Harvey.\u2019\u2019 One of the alleged victims still works for Fenway. He said Makadon once asked if he could kiss him. Another time, he said, Makadon allegedly got close to him in an elevator, put an arm around his back, and then slid his hand down the back of the man\u2019s pants. The stories of two of the alleged victims who filed complaints \u2014 the one who settled and the man allegedly assaulted in the elevator \u2014 were corroborated by people close to them who heard the accounts firsthand shortly after they occurred. The third was confirmed by a Fenway employee with knowledge of the events. Makadon denied the elevator incident and also said he had never tried to kiss anyone. He said Fenway has a culture where people sometimes hug or have casual contact and that his behavior was not outside the norm was never, ever told anything about people\u2019s discomfort,\u2019\u2019 Makadon said. \u201cThe one thing that feel terrible about is that didn\u2019t know about it, and nobody told me about it so could change the behavior.\u2019\u2019 Almost worse than Makadon\u2019s alleged behavior, current and former employees said, was Fenway\u2019s failure to stop it \u2014 particularly at an institution whose mission has long been to protect and advocate for a population that has faced oppression and violence. Fenway\u2019s chairman, Hale, said executives did speak about the allegations with Makadon. He also said that once the board learned of the behavior, it \u201ctook prompt and appropriate action to address the matter.\u2019\u2019 He added that Makadon was involved in research and did not treat patients at Fenway. The alleged victims and witnesses coming forward about Makadon, and Fenway\u2019s handling of the complaints against him, have been emboldened by the wave of sexual harassment cases sweeping the nation. The Fenway employees who spoke to the Globe asked not to be identified, for fear of retaliation and losing their jobs. Former employees asked for anonymity because of the sensitivity of the subject. 2/16/25, 11:56 Fenway Health resigns over handling of harassment complaints 4/8 Makadon did not deny he could be hard to work with. He acknowledged that, after the bullying complaints, Fenway required him to undergo a series of executive coaching sessions always knew there were people who felt like was difficult,\u2019\u2019 he said. Although admitting to a combative work relationship with one alleged victim, he denied sexually harassing the man. Makadon, a Columbia University-educated physician, was affiliated with Boston\u2019s Beth Israel Deaconess Medical Center for most of his career and has been a member of the Harvard Medical School faculty since 1980. He was director of education and training at the Fenway Institute,where he wrote a textbook and built a niche speaking with medical practitioners around the country on treating patients. But in February 2013, a sexual harassment complaint was filed against Makadon with Fenway\u2019s human resources department, according to employees and the summary document. That triggered an investigation by the Boston law firm Seyfarth Shaw, which resulted in sexual harassment training across the nonprofit and individual training for Makadon, according to the sources. By July 2015, Fenway had adopted a \u201czero tolerance\u2019\u2019 policy on harassment, bullying, and violence in the workplace, according to the sources. That same month, the employee reported the elevator incident, and another employee also lodged a complaint, according to the sources. That spurred the nonprofit\u2019s chief financial officer, Jeffrey Lieberman, to order a second investigation by Seyfarth Shaw, according to the sources. Both Lieberman and the legal investigation report advised chief executive Boswell to fire Makadon, the sources said. But Boswell said Makadon was \u201ctoo important\u2019\u2019 to fire, according to employees and the summary document. Instead, Makadon was placed on a month-long leave and required to get more sexual harassment training, according to the sources. The management team was not broadly informed of the investigation, the sources said, so managers were not alerted Makadon should have faced greater scrutiny. As a result, Makadon\u2019s alleged victims had to keep working with him; at least one had to continue meeting with him alone in his office, sources said. 2/16/25, 11:56 Fenway Health resigns over handling of harassment complaints 5/8 In January 2017, after more complaints about Makadon, Lieberman asked for a meeting with Hale, the board chairman, according to employees and the summary record. Lieberman shared with him the Seyfarth Shaw investigations, the sources said, and urged Hale to fire Makadon. In March 2017, Fenway changed Makadon\u2019s status to consultant from employee, according to the sources, but in April, the chairman ordered that Makadon be let go for good. The rest of his consulting contract was canceled, according to two employees and the summary document. In a departure e-mail to staff, Makadon said an \u201cexhausting\u2019\u2019 work trip earlier this year had \u201creinforced my thoughts that it is time for me to retire from full-time leadership and work.\u2019\u2019 After Makadon\u2019s dismissal, the board hired the Boston law firm Mintz Levin to conduct a review, this time of Fenway\u2019s workplace policies and the actions taken by management and the board in response to the Makadon complaints, according to Fenway\u2019s statement. Fenway said it revised its policies on harassment, discrimination, and bullying, and held mandatory senior management training. After the Globe posted the allegations about Makadon on its website Friday, Hale and Boswell sent an e-mail to Fenway staff saying \u201cif internal leadership\u2019s actions sent an inadvertent message to the Fenway Health community that this behavior is tolerated, we offer our community not only an apology, but a pledge to do better.\u2019\u2019 But a wave of dismay rose among staffers, donors, and some board members over the weekend, according to several people who work there or advise directors, spurring a flurry of emergency board phone calls. Some employees threatened a protest ahead of a planned board meeting Monday night, and a group of Fenway donors called the Young Leaders Council wrote a letter to the board expressing concern. \u201cProtecting sexual harassers and bullies is in direct contradiction to everything the Young Leaders Council and Fenway Health stands for,\u2019\u2019 the e-mail said. Most Popular 2/16/25, 11:56 Fenway Health resigns over handling of harassment complaints 6/8 In Related News All-Star observations: Jayson Tatum clinches win for Shaq's OG's 1 Jaylen Brown explains why he calls himself the Celtics' captain 2 How much snow did we get? He latest totals. 3 These 37 Boston businesses received the city\u2019s new liquor licenses Nearly 600 readers voted: Here's why federal employees say they won't take Trump's resignation offer 2/16/25, 11:56 Fenway Health resigns over handling of harassment complaints 7/8 \u00a92025 Nearly 200 Harvard affiliates file Gaza discrimination complaints Tell Us What You Think 2/16/25, 11:56 Fenway Health resigns over handling of harassment complaints 8/8", "7367_103.pdf": "70-year-old Beth Israel Deaconess physician resigns amid sexual misconduct allegations 70-year-old Harvey J. Makadon, MD, a prominent physician advocate for the community, resigned from Boston-based Beth Israel Deaconess Medical Center Dec. 8 following allegations of sexual misconduct, according to The Boston Globe spokesperson for Boston-based Harvard Medical School confirmed to The Boston Globe Dr. Makadon's status as a faculty member at the institution also ended Dec. 8. His resignation from Beth Israel follows a previous Boston Globe report that said Dr. Makadon, who also practiced as a physician at Fenway Community Health Center, continued to work at Fenway Community for years despite several complaints alleging he had repeatedly engaged in sexual harassment and bullying. He was forced to resign from Fenway Community by March 1, according to the report. Three men have come forward with allegations against Dr. Makadon and discussed their complaints with The Boston Globe Jan 2. The three individuals told the publication they reluctantly came forward with the allegations in the hope that medical institutions will take greater care to protect medical students, residents and patients from harassment, according to the report. Through statements provided by his lawyer, Dr. Makadon told The Boston Globe some of the allegations against him are untrue, but apologized for his behavior in other cases now understand that at times my behavior caused some to feel uncomfortable in my presence. For that am truly sorry,\" Dr. Makadon said in the statement have worked hard during my career to advance the care of patients with and sexual and gender minorities have never knowingly used my role to harm those whom sought to help.\" The Massachusetts State Board of Registration in Medicine lists Dr. Makadon's license as \"active,\" but notes he is not currently practicing. Dr. Makadon's has no record of healthcare facility discipline, no record of felony or serious misdemeanor convictions and no record of out-of-state discipline, according to his profile on the board's website. To read the full report, click here. Editor's note: Becker's Hospital Review reached out to Beth Israel Deaconness Medical Center for comment and will update the report as more information becomes available. Latest articles on Hospital-Physician Relationships: Nicklaus Children's partners with Florida International University: 3 notes Why Houston Methodist's academic chief is thinking 'decades ahead' Physicians hop on the GLP-1 train physician-resigns-amid-sexual-misconduct-allegations.html 2/16/25, 11:56 70-year-old Beth Israel Deaconess physician resigns amid sexual misconduct allegations about:blank 1/1", "7367_104.pdf": "Fallout continues for Boston doctor accused of sexual harassment: report By Joanne Finnegan Jan 3, 2018 12:02pm C-suite Ethics Human Resources Patient Safety C-suite Ethics Human Resources Patient Safety Physician Leaders Physician Practice Workplace Safety Beth Israel Deaconess Medical Center Fenway Community Health Center Harvard Medical School Harvey J. Makadon Robert H. Hale Stephen L. Boswell Providers Practices Already forced to resign from a Boston health center over allegations of sexual harassment and bullying, a Boston doctor has stepped down from positions at two prominent institutions. Harvey J. Makadon, who was forced to leave the Fenway Community Health Center after allegations were made that he sexually harassed and bullied co-workers, has resigned from the Beth Israel Deaconess Medical Center in Boston and stepped down as a member of the faculty at Harvard Medical School, according to ( fenway-health-center-doctor-leaves-more-medical-posts-amid-misconduct-allegations/3KSVcJwPe7YedRYVyFsnKJ/story.html) The Boston Globe. RELATED: It happens here, too\u2014Sexual harassment occurs in healthcare field ( Makadon, 70, resigned from both positions on Dec. 8, the same day the newspaper published a story about the allegations against him at Fenway Health, the Globe said. The failure of two Fenway Health leaders to address the allegations of misconduct against Makadon also cost them their positions last month. RELATED: Second health center leader steps down for mishandling of sexual harassment, bullying complaints ( fenway-community) Fenway\u2019s chief executive, Stephen L. Boswell, who headed the center for 20 years, resigned under pressure ( following the newspaper investigation into allegations against Makadon. That was quickly followed by the resignation of the chairman of Fenway\u2019s board of directors, Robert B. Hale. The Globe reported that Boswell failed to act allowing Makadon to remain at Fenway Health after he learned about complaints made by staff members against the long-time doctor. Since the initial investigation, the Globe said two doctors have come forward to report misconduct by Makadon that occurred some 25 years ago in his role as a doctor at Beth Israel and a member of the Harvard Medical School faculty lawyer, who says he was a patient of Makadon, also has alleged sexual misconduct. They came forward reluctantly in hopes medical institutions will take steps to protect students, residents and patients from harassment, the Globe said. The newspaper said Makadon, in statements provided by his lawyer, said some of the allegations are untrue but apologized for his behavior in other cases. The complaints against Makadon have come forth in the light of a national furor ( government) over sexual harassment in the business, political, media and entertainment industries. \u00a92025 Questex All rights reserved."} |
7,317 | Anthony Masino | East Tennessee State University | [
"7317_101.pdf",
"7317_102.pdf",
"7317_103.pdf",
"7317_104.pdf"
] | {"7317_101.pdf": "Posted: May 14, 2018 / 04:51 Updated: May 15, 2018 / 03:18 tenured East Tennessee State University professor could face consequences after an internal investigation found he crossed the line with a student, according to a newly released university discrimination and harassment complaint investigation. The investigation found Associate Professor and Accountancy Department Assistant Chair Dr. Anthony Masino created a hostile environment and retaliated against a woman he started dating while she was a student in his class. The investigation found Dr. Masino repeatedly Report: Professor created hostile environment against student he dated 28 2/16/25, 11:57 Report professor created hostile environment against student he dated 1/12 shared personally identifiable, private and defamatory information about the student with other students, faculty and staff. \u201cBased on the totality of all evidence, interviews, and documentation of this complaint, the investigators determine that Anthony Masino created a hostile environment for \u2014 that included acts of retaliation,\u201d the report found. \u201cThis was caused by Masino\u2019s repeated sharing of information related to \u2014 broadly throughout the Department of Accountancy and, by a preponderance of evidence, the investigators have determined that Anthony Masino violated Policy P-080.\u201d As a result of the findings, the investigation recommends Dr. Masino \u201cbe held accountable.\u201d According to an spokesperson, Dr. Masino \u201cis still on faculty and has not been suspended.\u201d Dr. Masino, who has no previous discipline, according to his personnel file, makes at least $92,000 a year, according to records. He has 10 days to appeal the university\u2019s findings. His attorney Don Spurrell says they intend to appeal. \u201cThey have a bit of an alternative fact universe going on in their narrative,\u201d Spurrell said. \u201cHe\u2019s a very kind and gentle man. He doesn\u2019t want to be involved in this. He wants to work this case out.\u201d Spurrell said Dr. Masino did not start dating the student in question until after she finished her exams in his class. The relationship, which lasted roughly a year, ended after Spurrell said the woman cheated on Dr. Masino. He said that bad breakup prompted her harassment complaint think she was clearly reacting out of scorn,\u201d he said. \u201cThey were talking marriage. They were in love Senior Kelsey Blevins said she and Dr. Masino went on a handful of dates earlier this year, after he broke up with the other former student. Blevins said the relationship ended in > Next > Cancel \u2715 Next story in > 2/16/25, 11:57 Report professor created hostile environment against student he dated 2/12 February after Dr. Masino called the police and filed a trespassing complaint against his ex- girlfriend. Blevins is listed as a witness on that report. \u201cShe was just yelling and screaming. Erratic,\u201d she said. \u201cGot in his lap and touched his face and was like, \u2018Does this bother you?\u2019 and kept saying that she was afraid of him the whole time they were dating and couldn\u2019t wait to get out of his relationship said, \u2018Then why are you here if you\u2019re afraid of him?\u2019 and she just looked at me and said she was going to beat me. Anthony had to restrain her. She lunged at me.\u201d Just two days later, the ex-girlfriend filed the university harassment complaint against Dr. Masino. \u201cNow, if she\u2019s being harassed, why is she barging into his home after they have broken up?\u201d Spurrell said. Dr. Masino\u2019s attorney questions the timing of the complaint and the credibility of ETSU\u2019s investigation. Spurrell said Dr. Masino alerted his supervisors after he called the police and before she filed her complaint \u201cRight after Dr. Masino has made this complaint about her behavior, her harassment of him, we say engineered a complaint,\u201d he said. \u201cThis investigation starts out as an inappropriate sexual relationship that he is harassing her sexually and then it just gently morphs into whatever they can find. In the end, they have to find something, so they find hostile environment.\u201d Speaking in general terms Chief Communications Officer Joe Smith said not only does university policy prohibit consensual relationships between someone with authority over another does not tolerate harassment. \u201cThose are behaviors that go against the mission of the institution, that go against our values,\u201d Smith said. Both Dr. Masino and the student in question have taken out orders of protection against each other. She filed her order of protection first, at ETSU\u2019s urging, according to court records > Next > Next story in > 2/16/25, 11:57 Report professor created hostile environment against student he dated 3/12 ETSU\u2019s president will determine if discipline is warranted. Dr. Masino\u2019s attorney said the professor has already been punished enough and just wants this resolved. If he did anything wrong, he argues he didn\u2019t resist falling in love and then didn\u2019t bite his tongue. \u201cHe permitted himself to fall in love with someone who pursued him,\u201d Spurrell said. \u201cDid he become emotional about it? Of course he did. Who would not? Would he maybe have been more cautious of what he said, would he have gone into radio silence? Certainly, upon reflection he probably would have, but that does not in any way justify an investigation that is so one-sided, so lopsided.\u201d To read ETSU\u2019s full investigative report click Copyright 2018. All rights reserved. Copyright 2025 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed Latest Video More Videos > Next > Next story in > 2/16/25, 11:57 Report professor created hostile environment against student he dated 4/12 Finally, a cordless vacuum that really works on pet / 2 Days Ago From its strong suction power, to its signature sleek design, to its cutting-edge use of technology, the Dyson Gen5outsize Absolute is worth the money. Wayfair\u2019s spring cleaning storefront is filled with > Next > Next story in > 2/16/25, 11:57 Report professor created hostile environment against student he dated 5/12 / 2 Days Ago If you\u2019re spring cleaning, you might want to check out Wayfair, where you\u2019ll find tons of discounted cleaning and organizing essentials. Starbucks\u2019 new instant coffee froths like it\u2019s cafe-brewed / 3 Days Ago Starbucks new Crema Collection Premium Instant Coffee froths like a cafe beverage. View All BestReviews > Next > Next story in > 2/16/25, 11:57 Report professor created hostile environment against student he dated 6/12 Top Stories \u2018Saturday Night Live\u2019 celebrates 50 years with comedy, \u2026 European leaders regroup in Paris for strategy huddle \u2026 \u2018Life-threatening cold\u2019 expected as polar vortex \u2026 \u2018Waste, fraud and abuse\u2019 is a political fight older \u2026 Ukraine\u2019s President Zelenskyy travels to United Arab > Next > Next story in > 2/16/25, 11:57 Report professor created hostile environment against student he dated 7/12 \u2018Saturday Night Live\u2019 celebrates 50 years with comedy, \u2026 European leaders regroup in Paris for strategy huddle \u2026 \u2018Life-threatening cold\u2019 expected as polar vortex \u2026 \u2018Waste, fraud and abuse\u2019 is a political fight older \u2026 Ukraine\u2019s President Zelenskyy travels to United Arab \u2026 The Latest: William Byron wins Daytona 500 for the \u2026 At least 9 people are dead, including 8 in Kentucky, \u2026 Trump administration tries to bring back fired nuclear \u2026 More Stories | Tri-Cities News & Weather Video > Next > Next story in > 2/16/25, 11:57 Report professor created hostile environment against student he dated 8/12 More Videos 1 counties under State of Emergency 2 Cold tonight, with more snow possibly by mid week 3 Boswell trial continues with more testimony 4 At least 9 people are dead, including 8 in Kentucky, \u2026 5 Jury hands Megan Boswell life sentence after guilty \u2026 6 Medical examiners resolute in Evelyn Boswell findings 7 GALLERY: Flooding impacts 8 Parks & Recreation offering slate of spring sports > Next > Next story in > 2/16/25, 11:57 Report professor created hostile environment against student he dated 9/12 View All Don't Miss Weekend Events: Valentine\u2019s Day, Helene help & more Don't Miss 2 days ago 10 Presidents Day small appliance deals you shouldn\u2019t \u2026 Holiday 3 days ago Best Buy Presidents Day Sale: Apple, Samsung, Dyson \u2026 Holiday 4 days ago Score Presidents Day deals right now on Amazon Holiday 6 days ago Best Valentine\u2019s Day gifts under $100 Holiday 1 week ago The best Presidents Day deals to shop now Holiday 3 days ago > Next > Next story in > 2/16/25, 11:57 Report professor created hostile environment against student he dated 10/12 News Weather Sports Daytime Tri-Cities Watch Newscasts NewsNation Now About Us About Our Ads Report Public File Nexstar Certification Get News App Get Weather App Stay Connected Walmart\u2019s \u2018Flash Deals\u2019 are filled with hidden gems \u2026 Holiday 1 week ago View All BestReviews Picks > Next > Next story in > 2/16/25, 11:57 Report professor created hostile environment against student he dated 11/12 Privacy Policy 11/18/2024 Terms Of Use Applications Public File Assistance Contact The Hill NewsNation BestReviews Content Licensing Nexstar Digital Journalistic Integrity Sitemap Do Not Sell or Share My Personal Information \u00a9 1998 - 2025 Nexstar Media Inc. | All Rights Reserved > Next > Next story in > 2/16/25, 11:57 Report professor created hostile environment against student he dated 12/12", "7317_102.pdf": "Office of the Attorney General 20207 37202 (615)741-3491 (615)741-2009 October 29, 2019 Dr. Adam S. Green Chief of Staff Secretary of the Board of Trustees East Tennessee State University 206 Burgin E. Dossett Hall 1276 Gilbreath Drive P.O. \u0412\u043ex 70734 Johnson City, Tennessee 37614-1710 greenas@etsu.edu Re: Anthony Masino request for appeal Dear Dr. Green and Board Members, On behalf of the Tennessee Attorney General's office I, along with my colleagues, represented East Tennessee State University (\"ETSU\") during the May 7-8 faculty panel hearing regarding Anthony Masino. As am sure you know, the faculty committee, \"by an overwhelming majority\", found that \"clear and convincing evidence exists to support the finding that Mr. Anthony Masino demonstrated a capricious disregard for accepted standards of professional conduct.\" Consistent with Tenn. Code Ann. \u00a7 49-8-302(5), the faculty committee also determined that adequate cause exists to terminate Mr. Masinos's tenure based upon his capricious disregard for accepted standard of professional conduct. Dr. Noland received the Findings of Fact and Recommendations of the Faculty Hearing Panel. As set forth in his July 31, 2019 letter to Mr. Masino, Dr. Noland reviewed that document and also reviewed the entire transcript in this case, which exceeds 1000 pages. He then met with Mr. Masino and his attorney to give them an opportunity to provide additional information. Ultimately, as set forth in Dr. Noland's letter, he concurred with the faculty panel and advised Mr. Masino that his employment was being terminated effective immediately learned recently that Mr. Masino, through his counsel, petitioned the Board with a request to appeal the final decision of President Noland am writing to set forth ETSU's position that this Board should not agree to grant Mr. Masino an appeal. Pursuant to Policy: Appeals to the Board (Old Policy #1:02:11:00), \"Appeals to the Board shall be limited to alleged violations of state or federal law or policy....\" As discussed more fully below, Mr. Masino was afforded ample due process and there was an abundance of evidence which supported the determination ofthe faculty committee and the decision by Dr. Noland. The process did not violate state or federal law and did not violate policy. First, Mr. Masino was afforded due process throughout the proceedings and has offered no viable evidence to the contrary. The faculty committee was assembled as required by policy. Mr. Masino's counsel challenged its composition immediately and challenged it again during the hearing. His arguments were heard, but, as they lacked merit, were dismissed. Contrary to Mr. Masino's assertion in his request for an appeal, the \"faculty committee\" must consist of seven members and at least two alternates. The alternates do not have a contingent membership on the committee. Rather, their appointment and participation ensure that the number of deliberating members does not drop below seven. Without question, the faculty committee, individually, and as a body, met all qualifications. They affirmed their lack of bias and ability to hear and evaluate the case in a fair and impartial manner. 2 Even a casual review of the transcript shows that the members of the faculty committee were thoroughly engaged in this process, frequently posing their own questions to witnesses. Further evidence of due process is the sheer amount of time Mr. Masino and his counsel were given to put on their case. While carried the burden of proof in this case, Mr. Masino and his counsel monopolized the available time put on its entire case in the first day, in the timeframe of a normal business day. Nevertheless, during that first day, well over half of the time was occupied by counsel for Mr. Masino questioning witnesses called by ETSU. Mr. Masino and his counsel put on their case during the second day of the hearing. The hearing that day began at approximately 8:30 a.m. and, as reflected in 700-plus page transcript, ended at 9:42 p.m. The overwhelming bulk of that day was consumed by Mr. Masino and his counsel putting on their proof, with brief cross-examination by ETSU. It is certainly Mr. Masino's right to put on the proof he desires. However, he has no basis for criticizing the process. 1 Mr. Masino also complains about some, but not all, of the faculty committee's findings. Without question, the proof presented supports the faculty committee findings that there is clear The policy states committee consisting of tenured faculty or tenured faculty and administrators shall be appointed to hear the case and to determine if adequate cause for termination exists according to the procedure herein described. The University hearing committee shall consist of seven members that may include tenured faculty only, or tenured faculty and administrators, and at least two alternate members appointed jointly by the President of the university and the President of the Faculty Senate.\" Policy Title: Tenure (Old Policy #1:02:11:00, 5:02:03:60, and Faculty Handbook) (emphasis added). 2 Findings of Fact of the faculty committee, at p. 2. 2 3 and convincing evidence that Mr. Masino demonstrated a capricious disregard for accepted standards of professional conduct. Mr. Masino cannot dispute any of the following: Mr. Masino had a relationship with his student, that violated policy. She was, at all relevant times, a student in the accountancy program. She was in Mr. Masino's class during the fall semester of 2016. Prior to and throughout that semester, they carried on an intimate relationship beyond that of professor and student, as evidenced by the hundreds of emails (many late at night or in early morning hours) at Exhibit 37. Without question or dispute, they began a sexual relationship no later than December 17, 2016 and carried on that relationship until January 2018. Mr. Masino became assistant chair of the accountancy program in May 2017. While he attempts to disavow any real authority by virtue of this title, the chair, Dr. Burkett, was medically indisposed. Mr. Masino was running the department and having a romantic and sexual affair with a student. While the committee did not find clear and convincing evidence of a policy violation, it did find clear and convincing evidence that Mr. Masino had romantic relationships with three other students.3 Mr. Masino advised that there was nothing wrong with their dating, and that he knew this because he had drafted the policy. It does not matter whether he had, in fact, drafted the policy, or which version of the policy was in play. It matters greatly that a professor overcame a student's reluctance with this assurance. Mr. Masino filed lawsuits on his own behalf and filed one on his ex-wife's behalf as her counsel, for the purpose of threatening and intimidating witnesses in the Title investigations and in this very case. Mr. Masino offered no credible testimony regarding the validity of these cases. He used a lawsuit to threaten and vilify who worked in the Department of Accounting and who he viewed as an ally of He filed a suit on behalf of his ex-wife against a former student and mentee of Masino. Mr. Masino voluntarily dismissed (also called a \"nonsuit\") both of those cases when his targets got lawyers. He sued an student named She never retained counsel and never responded as required by law. Rather than take a default judgment as permitted by law, Mr. Masino used that lawsuit to intimidate other persons. For example, in that case, he took the depositions of a young man he believed to be hew boyfriend, and the mother of that young man. He then proceeded to ask intimate sexual questions and demand that they be answered Mr. Masino seems to try and threaten this Board with the specter of chancery court. It is an empty threat. In fact, the facts surrounding Mr. Masino's many relationships with students is one of many areas of proof in this case that will be able to develop more fully if this matter proceeds to Chancery Court. Tenn. Code Ann. \u00a7 49-8-304 provides for de novo review. It is not a review confined to the record that has already been developed and will be able to subpoena and depose Mr. Masino's \"friendly\" witnesses if it chooses to do so. 4 See, Exhibit 15. declined to testify before the faculty committee because he feared retaliation from Mr. Masino. is not a but he and were raised 3 under oath. His questioning had nothing to do with and nothing to do with the lawsuit. Mr. Masino was simply desperate to leverage a favorable outcome in his Title matters and in this case, by whatever means necessary. Mr. Masino derailed ETSU's session in the spring of 2018, after his break-up with The testimony of Dr. Michelle Freeman, at pages 282-307 of the transcript 5 is compelling and unrefuted. Mr. Masino de-activated the software, even though Dr. Freeman was an authorized co-supervisor of the site. He quit giving his students extra credit for participating in and the program lost student volunteers as a result. Not only did these actions have a negative impact on academic environment, they negatively impacted other students. There was no evidence developed during the hearing that undermined the integrity of the Title investigations conducted by the University. Mr. Masino again threatens this Board with the possibility of a Title lawsuit. However, the matter he attempts to bring before the Board is not a Title case, and, again, there would be no merit to such a case. Likewise, there was no proof that the Legal Department engaged in any sort of 6 conspiracy against Mr. Masino. In summary, President Noland's determination, and the Findings of Fact and Recommendations of the Faculty Hearing Panel are well-supported by the evidence in this case. There has been no violation of state or federal law and no violation of policy during the process that led to the termination of Mr. Masino's tenure. His request for an appeal to this Board should be denied. Respectfully, iana ak hew Dianna Baker Shew Senior Assistant Attorney General cc: Don Mason (counsel for Anthony Masino) 5 Dr. Freeman also testified that she was fearful about testifying against Dr. Masino. She knew others had been sued and was generally concerned about being sued if she said something with which Mr. Masino disagreed. 6 Mr. Masino's attorney at the time acknowledged this. See, Exhibit 34. 4", "7317_103.pdf": "Photo CITY, Tenn. \u2014 The Board of Trustees denied the request to hear the appeal from former professor Anthony Masino Friday after an internal investigation concluded he created a hostile environment for a former student that he had a romantic relationship with in 2017. Masino was an assistant professor of accountancy at Board of Trustees denies request to hear appeal of termination by former professor by Fri, February 21st 2020 at 1:33 Updated Fri, February 21st 2020 at 1:41 2/16/25, 11:57 Board of Trustees denies request to hear appeal of termination by former professor 1/2 Loading ... The student, who has graduated from the program, filed the complaint with the Office of Equity and Diversity. She cited problems of harassment, sexual harassment and a hostile work environment in the report. She noted that Masino pursued her for a relationship while enrolled in his tax course and then retaliated against her when the relationship ended. We will have more coming up Friday on News 5. Previous story: Report accountancy professor violated school policy by retaliating against student 2/16/25, 11:57 Board of Trustees denies request to hear appeal of termination by former professor 2/2", "7317_104.pdf": "report received by News 5 on Monday said professor Anthony Masino violated school policy at when he retaliated against a student that he was romantically linked with in 2017 CITY, Tenn. \u2014 An assistant professor of accountancy at East Tennessee State University is facing discipline from the school after an internal investigation concluded he created a hostile environment with a former student that he had a romantic relationship with last year. Report accountancy professor violated school policy by retaliating against student by Mon, May 14th 2018 at 6:07 Updated Mon, May 14th 2018 at 6:08 17 17 2/16/25, 11:57 Report accountancy professor violated school policy by retaliating against student 1/4 The report involving Anthony Masino was published earlier this month and was provided to News 5 after an open records request on Tuesday to the Johnson City school. Title investigators Tracy Barry and Dr. Michelle Byrd said in the report that Masino \"violated Policy P- 080.\" The student, who has graduated from the program, filed the complaint with the Office of Equity and Diversity. She cited problems of harassment, sexual harassment and a hostile work environment in the report. She noted that Masino pursued her for a relationship while enrolled in his tax course and then retaliated against her when the relationship ended in December. Those incidents, spelled out in a report to President Dr. Brian Noland, included sharing \"personally identifiable, private, and defamatory information\" concerning the student with students, faculty and staff in the College of Business and Technology during and after the relationship. \"Masino's actions created an intimidating and offensive environment that caused the complainant to fear for her ability to conduct business in the Department of Accountancy; participate fully in programs such as VITA; and secure recommendations and job opportunities after her graduation,\" the report said total of six reports were also on file at the university's Office of Public Safety involving the teacher and the student but no action was taken by officers as a result of those complaints. Noland is expected to render a decision on the Masino case in the coming weeks copy of the documents on the Masino review are available below. (*Editor's Note: Some of the language and subject matter included in the report is not suitable for all ages.) Masino Report by Digital on Scribd 17 17 2/16/25, 11:57 Report accountancy professor violated school policy by retaliating against student 2/4 Download this 1 of 26 17 17 2/16/25, 11:57 Report accountancy professor violated school policy by retaliating against student 3/4 Loading ... Download this 1 of 26 17 17 2/16/25, 11:57 Report accountancy professor violated school policy by retaliating against student 4/4"} |
7,677 | Francisco J. Ayala | University of California – Irvine | [
"7677_101.pdf",
"7677_102.pdf",
"7677_103.pdf",
"7677_104.pdf",
"7677_105.pdf"
] | {"7677_101.pdf": "By By | The Orange County Register | The Orange County Register UPDATED: UPDATED: September 19, 2018 at 3:03 September 19, 2018 at 3:03 UCI\u2019s Francisco Ayala, as seen in this 2011 file photo, is one of the world\u2019s top molecular biologists. Ayala UCI\u2019s Francisco Ayala, as seen in this 2011 file photo, is one of the world\u2019s top molecular biologists. Ayala donated $10 million to in 2011. (Photo by donated $10 million to in 2011. (Photo by Irvine professor who donated $10 Irvine professor who donated $10 million resigns after sexual harassment million resigns after sexual harassment allegations allegations 2/16/25, 11:58 Irvine professor who donated $10 million resigns after sexual harassment allegations \u2013 Orange County Register 1/4 Renowned Irvine biological sciences professor Francisco J. Ayala, who is also a major donor Renowned Irvine biological sciences professor Francisco J. Ayala, who is also a major donor to the university, agreed to resign his post after the school substantiated sexual harassment to the university, agreed to resign his post after the school substantiated sexual harassment claims made by four women. claims made by four women. The university announced in a statement this week that it will remove Ayala\u2019s name from its The university announced in a statement this week that it will remove Ayala\u2019s name from its School of Biological Sciences School of Biological Sciences, a science library and endowed chairs, graduate fellowships and , a science library and endowed chairs, graduate fellowships and scholar programs. Ayala\u2019s resignation takes effect Sunday, July 1. scholar programs. Ayala\u2019s resignation takes effect Sunday, July 1 Irvine\u2019s science library will be renamed following the resignation of Francisco Ayala, a professor and Irvine\u2019s science library will be renamed following the resignation of Francisco Ayala, a professor and donor. University officials said an investigation substantiated four women\u2019s claims that Ayala sexually donor. University officials said an investigation substantiated four women\u2019s claims that Ayala sexually harassed them. (Photo by Alicia Robinson/The Orange County Register/SCNG) harassed them. (Photo by Alicia Robinson/The Orange County Register/SCNG) Ayala was out of the country Friday and unavailable for comment, according to his university Ayala was out of the country Friday and unavailable for comment, according to his university office, but it provided a written statement from Ayala in which he described his conduct as \u201cthe office, but it provided a written statement from Ayala in which he described his conduct as \u201cthe good manners of a European gentleman\u201d and said he regrets that it made some colleagues good manners of a European gentleman\u201d and said he regrets that it made some colleagues uncomfortable. uncomfortable. Ayala, 84, has been at Irvine since 1987, according to a news release the university issued in Ayala, 84, has been at Irvine since 1987, according to a news release the university issued in 2014 when it named the School of Biological Sciences after him. 2014 when it named the School of Biological Sciences after him. Born in Spain, Ayala was ordained as a young man but never worked as a priest because he Born in Spain, Ayala was ordained as a young man but never worked as a priest because he chose to pursue his interest in science, he said in a 2013 interview. chose to pursue his interest in science, he said in a 2013 interview. His extensive list of research and publications includes work on the evolutionary process, His extensive list of research and publications includes work on the evolutionary process, genetics and parasitic diseases such as malaria. Among his many accolades are 21 honorary genetics and parasitic diseases such as malaria. Among his many accolades are 21 honorary doctorates, the 2001 National Medal of Science and the doctorates, the 2001 National Medal of Science and the 2010 Templeton Prize 2010 Templeton Prize, which came with , which came with $1.5 million that he donated to UCI. $1.5 million that he donated to UCI. In 2011, he made a In 2011, he made a $10 million gift to the school $10 million gift to the school, which was heralded as the largest-ever , which was heralded as the largest-ever donation by a Irvine faculty member. donation by a Irvine faculty member. 2/16/25, 11:58 Irvine professor who donated $10 million resigns after sexual harassment allegations \u2013 Orange County Register 2/4 Originally Published: Originally Published: June 29, 2018 at 4:08 June 29, 2018 at 4:08 sign bears Irvine professor sign bears Irvine professor and donor Francisco Ayala\u2019s name and donor Francisco Ayala\u2019s name on Friday, June 29. University on Friday, June 29. University officials plan to remove it after officials plan to remove it after sexual harassment allegations sexual harassment allegations against Ayala were substantiated. against Ayala were substantiated. (Photo by Alicia Robinson, The (Photo by Alicia Robinson, The Orange County Register/SCNG) Orange County Register/SCNG) It is unclear how much Ayala gave the school overall or It is unclear how much Ayala gave the school overall or whether any of the money will be returned, because whether any of the money will be returned, because university officials declined to comment beyond the news university officials declined to comment beyond the news release and a written statement from Chancellor Howard release and a written statement from Chancellor Howard Gillman. Gillman. Attorney Micha Liberty, who represents three of the four Attorney Micha Liberty, who represents three of the four women who filed complaints about Ayala, said his prestige women who filed complaints about Ayala, said his prestige and financial clout may have slowed the university\u2019s and financial clout may have slowed the university\u2019s response to concerns about his behavior. response to concerns about his behavior. \u201cHe\u2019s a well-known academic. He brings money and \u201cHe\u2019s a well-known academic. He brings money and attention to the school that benefits from,\u201d Liberty said. attention to the school that benefits from,\u201d Liberty said. The four women, who asked the university to publicly The four women, who asked the university to publicly identify them, are graduate student Michelle Herrera, assistant professor Jessica Pratt, assistant identify them, are graduate student Michelle Herrera, assistant professor Jessica Pratt, assistant dean Benedicte Shipley and professor Kathleen Treseder. Treseder and Pratt referred questions dean Benedicte Shipley and professor Kathleen Treseder. Treseder and Pratt referred questions to Liberty, and the other two women did not respond to emailed requests for comment. to Liberty, and the other two women did not respond to emailed requests for comment. Ayala\u2019s behavior included \u201cverbal comments that are wildly inappropriate and sexually charged Ayala\u2019s behavior included \u201cverbal comments that are wildly inappropriate and sexually charged about women\u2019s appearances, physical touching\u201d and unwanted sexual attention, Liberty said. about women\u2019s appearances, physical touching\u201d and unwanted sexual attention, Liberty said. The conduct occurred over decades and was widely known to the point that female graduate The conduct occurred over decades and was widely known to the point that female graduate students were warned not to be alone with Ayala, Liberty said. students were warned not to be alone with Ayala, Liberty said. In his statement, Ayala acknowledged that he would \u201cgreet women colleagues warmly, with a In his statement, Ayala acknowledged that he would \u201cgreet women colleagues warmly, with a kiss to both cheeks\u201d and compliment their beauty, but intended no offense. kiss to both cheeks\u201d and compliment their beauty, but intended no offense political science professor Kristen Monroe wrote in an email that she thinks Ayala\u2019s political science professor Kristen Monroe wrote in an email that she thinks Ayala\u2019s behavior toward women may have been misinterpreted. behavior toward women may have been misinterpreted. \u201cI\u2019m baffled and surprised at the charges against Prof. Ayala since nothing in our interactions, \u201cI\u2019m baffled and surprised at the charges against Prof. Ayala since nothing in our interactions, over some 20 years, suggests he treats women with anything but respect and courtesy,\u201d she over some 20 years, suggests he treats women with anything but respect and courtesy,\u201d she wrote. wrote. Liberty said one of the women complained three years ago, but the university didn\u2019t formally Liberty said one of the women complained three years ago, but the university didn\u2019t formally investigate. investigate. \u201cEssentially it was swept under the rug and the admonition to Dr. Ayala was, \u2018Well, just stay \u201cEssentially it was swept under the rug and the admonition to Dr. Ayala was, \u2018Well, just stay away from her,\u2019\u201d she said. away from her,\u2019\u201d she said. The investigation began in November after Herrera reported an incident with Ayala to her The investigation began in November after Herrera reported an incident with Ayala to her faculty adviser and they both went to university authorities, Liberty said. More than 60 faculty adviser and they both went to university authorities, Liberty said. More than 60 witnesses were interviewed, according to the school\u2019s news release. witnesses were interviewed, according to the school\u2019s news release. \u201cGiven the number and breadth of the substantiated allegations, along with the power \u201cGiven the number and breadth of the substantiated allegations, along with the power differentials at play believe that keeping Professor Ayala\u2019s name in a position of honor would differentials at play believe that keeping Professor Ayala\u2019s name in a position of honor would be wrong,\u201d Gillman\u2019s statement said. be wrong,\u201d Gillman\u2019s statement said. Ayala said in his statement that he didn\u2019t want to put family, colleagues or the university Ayala said in his statement that he didn\u2019t want to put family, colleagues or the university through further investigations or litigation, and he plans to continue his research. through further investigations or litigation, and he plans to continue his research. 2/16/25, 11:58 Irvine professor who donated $10 million resigns after sexual harassment allegations \u2013 Orange County Register 3/4 \ue905 \ue905 2018 2018 \ue907 \ue907June June \ue907 \ue90729 29 2/16/25, 11:58 Irvine professor who donated $10 million resigns after sexual harassment allegations \u2013 Orange County Register 4/4", "7677_102.pdf": "\uf002 Searching: This Site Related Resources \uf078 June 28, 2018 Important Message Regarding Francisco J. Ayala Several months ago, four members of our community bravely reported incidents of sexual harassment within their school. While reporting misconduct is always difficult, the actions of these women were particularly courageous because their reports involved one of the most prominent members of our faculty. The Office of Equal Opportunity and Diversity (OEOD) thoroughly investigated this matter, speaking to more than 60 witnesses. The investigation substantiated a number of sexual harassment claims against Francisco J. Ayala, the signature benefactor of the School of Biological Sciences, the central science library and several scholarly programs. Our stance on sexual harassment and sexual misconduct is clearly communicated in our policies, guidelines and required training. Given the number and breadth of the substantiated allegations, along with the power differentials at play believe that keeping Professor Ayala\u2019s name in a position of honor would be wrong. Therefore decided to remove the Ayala name from the school and library. Similar changes will apply to the graduate fellowships, scholar programs and endowed chairs bearing the Ayala name. Following our standard consultative procedures, including a faculty review committee, Professor Ayala resigned without emeritus status, effective July 1, 2018, and will abstain from future campus activities public announcement regarding these decisions was issued a few moments ago. \uf0d7 \ue900 Office of the Chancellor 2/16/25, 11:58 Important Message Regarding Francisco J. Ayala // Office of the Chancellor Irvine 1/3 Diversity advisors will work with the biology school\u2019s students, faculty, staff and administration to provide additional training and counseling climate assessment is already underway, and focused education on reporting and intervention will be offered. We will do everything within our power to create an environment in which ideas and knowledge can thrive without fear of harassment, mistreatment or retaliation sincerely thank those who had the courage to come forward \u2013 Professor and Chair Kathleen Treseder, Professor Jessica Pratt, Assistant Dean Benedicte Shipley, and graduate student Michelle Herrera \u2013 and apologize for any inappropriate behavior they experienced from a member of our faculty. Each stood up for what is right and should be commended. Chancellor Howard Gillman Archive 2025 2024 2023 2022 2021 2020 2019 2018 2017 2016 2015 2014 Back to top 2/16/25, 11:58 Important Message Regarding Francisco J. Ayala // Office of the Chancellor Irvine 2/3 \uf015Home / Communications / Campus Communications / 2018 / Important Message Regarding Francisco J. Ayala \ue900 510 Aldrich Hall Irvine 92697-1900 \uf095949-824-5111 \uf0e0chancellor@uci.edu Office of the Chancellor Resources Invite the Chancellor Official Photos Privacy Notice | \u00a9 2025 Regents 2/16/25, 11:58 Important Message Regarding Francisco J. Ayala // Office of the Chancellor Irvine 3/3", "7677_103.pdf": "\uf002 Searching: Campus news June 28, 2018 proposes new name for School of Biological Sciences, science library after internal investigation substantiates sexual harassment claims against signature donor Share \ue61b \uf39e \uf08c \uf0e0 IRVINE, Calif., June 28, 2018 \u2013 The University of California, Irvine is taking steps to remove the Ayala name from its biology school and central science library after an internal investigation substantiated a number of sexual harassment claims against Francisco J. Ayala, the signature donor of both institutions. The investigation by the university\u2019s Office of Equal Opportunity and Diversity (OEOD) began in November 2017 and ended in May 2018. Four women from the School of Biological Sciences, who asked to be identified, filed reports with the OEOD: Kathleen Treseder, professor and chair of ecology and evolutionary biology; Jessica Pratt, assistant teaching professor; Benedicte Shipley, assistant dean; and Michelle Herrera, graduate student. The investigators interviewed more than 60 witnesses, in addition to the four complainants thank and commend our colleagues who reported this misconduct,\u201d said Chancellor Howard Gillman. \u201cComing forward with this information was extremely courageous applaud their bravery and apologize that they experienced inappropriate behavior from a member of our faculty. Professor Ayala\u2019s behavior defied our core beliefs and was inconsistent with our policies, guidelines and required training. Given the number and breadth of the substantiated \uf0d7 \ue900News 2/16/25, 11:58 proposes new name for School of Biological Sciences, science library after internal investigation substantiates sexual harass\u2026 1/4 allegations, and the power differentials at play decided that keeping Professor Ayala\u2019s name in a position of honor would be wrong.\u201d Gillman also authorized the removal of the Ayala name from graduate fellowships, scholar programs, and endowed chairs. He said that Ayala resigned effective July 1, 2018, and will abstain from future university activities, following the university\u2019s standard consultative procedures that include a faculty review committee. As a result of the renaming actions, which were approved in accordance with applicable university policy, the biology school will now be known as the School of Biological Sciences. UCI\u2019s diversity advisors are reaching out to the school\u2019s faculty, students, staff and administration to provide counseling services, culture assessments and additional harassment-related education. The university is committed to providing an environment in which ideas and knowledge can thrive without fear of harassment, mistreatment or retaliation. About the University of California, Irvine: Founded in 1965 is the youngest member of the prestigious Association of American Universities. The campus has produced three Nobel laureates and is known for its academic achievement, premier research, innovation and anteater mascot. Led by Chancellor Howard Gillman has more than 30,000 students and offers 192 degree programs. It\u2019s located in one of the world\u2019s safest and most economically vibrant communities and is Orange County\u2019s second-largest employer, contributing $5 billion annually to the local economy. For more on UCI, visit Media access: Radio programs/stations may, for a fee, use an on- campus line to interview faculty and experts, subject to availability and university approval. For more news, visit wp.communications.uci.edu. Additional resources for journalists may be found at communications.uci.edu/for-journalists Pat Harriman 949-501-1008 2/16/25, 11:58 proposes new name for School of Biological Sciences, science library after internal investigation substantiates sexual harass\u2026 2/4 pharrima@uci.edu Tracey Kincaid 949-824-6490 tkincaid@uci.edu Irvine study finds filters improve classroom air quality honors its own Irvine astronomers gauge livability of exoplanets orbiting white dw Irvine School of Medicine associate professor awarded Inoue Prize f... \uf054 Back to top Home \uf015 2018 / June / 28 proposes new name for School of Biological Sciences, science library after internal investigation substantiates sexual harassment claims against signature donor / \ue900News 120 Theory, Suite 100 Irvine 92697-5615 949-824-6922 \uf0e0 communications@uci.edu \uf095 2/16/25, 11:58 proposes new name for School of Biological Sciences, science library after internal investigation substantiates sexual harass\u2026 3/4 \uf39e \ue61b \uf16d \uf167 Media Resources Press Releases Media Advisories News Briefs Health News Experts Database Academic Units Media Relations Staff See more Campus Resources Trademark & Licensing University Policies & Procedures Information Security & Privacy Copyright Policy Resources Accessibility Privacy Notice | \u00a9 2025 Regents 2/16/25, 11:58 proposes new name for School of Biological Sciences, science library after internal investigation substantiates sexual harass\u2026 4/4", "7677_104.pdf": "(/) Journals (/about/journals) Topics (/topics) Information (/authors) Author Services (/authors/english) Initiatives (/about/initiatives) About (/about) Search for Articles: Title / Keyword Author / Affiliation / Email Advanced Search Sign In / Sign Up (/user/login) Submit ( ) Sexes All Article Types Search Journals (/about/journals) / Sexes (/journal/sexes) / Volume 5 (/2411-5118/5) / Issue 3 (/2411-5118/5/3) / 10.3390/sexes5030017 / (/journal/sexes) Submit to this Journal ( form%5Bjournal_id%5D%3D218) Review for this Journal ( Propose a Special Issue (/journalproposal/sendproposalspecialissue/sexes) (/) search menu \uf0da \uf0d9 2/16/25, 11:58 Victorious Voices: Legal and Social Triumphs against Sexual Harassment in Higher Education&mdash Case Study 1/37 \u25ba Article Menu Article Menu Academic Editors Sally Guttmacher ( utm_source=mdpi.com&utm_medium=website&utm_campaign=avatar_name) David L. Rowland ( utm_source=mdpi.com&utm_medium=website&utm_campaign=avatar_name) Subscribe SciFeed (/2411- 5118/5/3/17/scifeed_display) Recommended Articles Related Info Link More by Authors Links keyboard_arrow_up keyboard_arrow_down keyboard_arrow_down Article Views 1526 (/) search menu \uf0da \uf0d9 2/16/25, 11:58 Victorious Voices: Legal and Social Triumphs against Sexual Harassment in Higher Education&mdash Case Study 2/37 Table of Contents keyboard_arrow_up Abstract lens Introduction lens Policy Framework and Theoretical Context lens Materials and Methods lens Results lens Discussion lens Conclusions lens Author Contributions lens Funding lens Institutional Review Board Statement lens Informed Consent Statement lens Data Availability Statement lens Acknowledgments lens Conflicts of Interest lens References lens Open Access Article Victorious Voices: Legal and Social Triumphs against Sexual Harassment in Higher Education Case Study by Ana Vidu (mailto:ana.vidu@deusto.es) ( Teresa Sord\u00e9-Mart\u00ed (mailto:teresa.sorde@uab.cat), Patricia Melgar (mailto:patricia.melgar@udg.edu) ( 4569) and Mar Joanpere (mailto:mar.joanpere@urv.cat) ( 0190) Department of Sociology, University of California, Berkeley 94720 Department of Sociology, Autonomous University of Barcelona, 08193 Bellaterra, Spain Department of Pedagogy, University of Girona, 17004 Girona, Spain ( domain= Altmetric share Share announcement Help format_quote Cite question_answer Discuss in SciProfiles ( groups/p utm_sou 1,* \uf003 2 \uf003 3 \uf003 4 \uf003 1 2 3 first_page Order Article Reprints (/2411-5118/5/3/17/reprints) (/) search menu \uf0da \uf0d9 2/16/25, 11:58 Victorious Voices: Legal and Social Triumphs against Sexual Harassment in Higher Education&mdash Case Study 3/37 Department of Business Management, University of Rovira i Virgili, 43002 Tarragona, Spain Author to whom correspondence should be addressed. Sexes 2024, 5(3), 221-234; ( Submission received: 29 April 2024 / Revised: 10 July 2024 / Accepted: 12 July 2024 / Published: 17 July 2024 Abstract Sexual harassment in academia has gained attention due to legislative measures, university mechanisms, and student solidarity networks. This article explores the factors contributing to survivors winning when suing their university. The case described here relates to a North American university in a state with regulations against harassment and an active student movement. It delves into a case at the University of California, Irvine, where four individuals sued for the mishandling of sexual harassment complaints, resulting in the dismissal of a prominent professor. Drawing on data from the UniswithHeart research project, the article analyzes the impact of solidarity networks and the trial outcome. Through desk research and qualitative interviews, it identifies key elements leading to legal victories against universities, even in the case of a professor who made a big donation to the university, who was banned from campus, and who had his name removed from buildings. This study shows ten aspects that lead to winning a harassment case within universities, emphasizing the importance of addressing the consequences of harassment. It also illustrates the improvement of the academic environment and science when eliminating the hostile climate and silence. Successful outcomes inspire other survivors and urge universities to uphold policies for a safer academic environment. Keywords: sexual harassment (/search?q=sexual+harassment); university accountability (/search?q=university+accountability); solidarity networks (/search? q=solidarity+networks); survivors (/search?q=survivors); women in science (/search? q=women+in+science) 4 * Downloadkeyboard_arrow_down Versions Notes (/2411-5118/5/3/17/notes) (/) search menu \uf0da \uf0d9 2/16/25, 11:58 Victorious Voices: Legal and Social Triumphs against Sexual Harassment in Higher Education&mdash Case Study 4/37 1. Introduction Francisco Ayala died on the weekend when this article started being written [1]. His victims breathe a sigh of relief because, although his experiences marked his life, this person received justice. The investigation report that led to the expulsion of this professor from his university contains 97 pages and includes the following types of comments, as explained by Science magazine [2]: \u201chis behavior included telling a pregnant colleague, \u201cYou\u2019re so huge\u201d, and regularly putting his hands under a female administrator\u2019s jacket and rubbing them up and down her sides. According to the report, he told a female professor that she had been so animated while giving a talk that he thought she would \u201chave an orgasm\u201d. In another instance, he invited a junior professor to sit on his lap in a crowded meeting, saying he would enjoy the presentation more that way\u201d. Sexual harassment in academia is a prevalent phenomenon, extending across various disciplines, institutions, and geographical locations. Research indicates that a significant portion of both students and faculty members have experienced some form of sexual harassment during their academic careers [3,4]. This pervasive issue manifests in multiple contexts, including but not limited to classrooms, laboratories, conferences, and online interactions [5]. The hierarchical power dynamics inherent in academia can exacerbate the problem, making individuals vulnerable to exploitation and abuse by those in positions of authority [6]. Moreover, the complexities surrounding reporting mechanisms and the fear of retaliation often discourage victims from coming forward, leading to underreporting and a culture of silence that perpetuates the cycle of harassment [7]. As awareness grows and conversations surrounding consent, respect, and accountability gain momentum [8], there is a growing imperative for institutions to enact robust policies, provide comprehensive support systems, and foster cultures that prioritize the safety and well-being of all members of the academic community. The investigation conducted in this complaint includes interviews with 61 individuals who witnessed comments and off-color remarks and repeated unsolicited compliments on women\u2019s physical appearances. Based on this case, these individuals claimed to have suffered negative consequences [9]. In 2018, as a result of a sexual harassment complaint made against the university, his name was removed from the School of Biological Sciences, the Science Library, various graduate fellowships, scholarship programs, and endowed chairs [10]. The University of California, Irvine Irvine) itself reported in an internal newspaper story that they are looking for a new name for the Biological Sciences building and the science library due to \u201csexual harassment claims against signature donor\u201d [11]. The case study of Irvine exemplifies how survivors successfully sued the university, leading to significant repercussions for the accused individual and institutional changes. The article highlights ten key factors contributing to this success: altruism, the pursuit of fair and democratic academic spaces, administrative responsiveness, solidarity networks, and legal (/) search menu \uf0da \uf0d9 2/16/25, 11:58 Victorious Voices: Legal and Social Triumphs against Sexual Harassment in Higher Education&mdash Case Study 5/37 mechanisms. Moreover, it emphasizes the significance of focusing on the consequences of events rather than merely the acts themselves, highlighting the broader impact on victims and the academic community. Ultimately, the study offers valuable insights into addressing and preventing sexual harassment in academia, emphasizing the importance of support networks, legislative frameworks, and collective commitment to fostering safer and more inclusive academic environments. Accordingly, two facts make this case attractive to the academic community: (1) the survivors joined efforts and sued the university, not the harasser; and (2) they won, and neither his fame, power, nor the money he donated to the university made him stay in his position. This article examines the elements that have made this case successful. The study answers questions such as (i) what strategies these victims follow, (ii) how they managed both to pursue the complaint and to get support, and (iii) which of these strategies are transferable to other contexts. 1.1. Expulsion from the National Academy of Sciences The U.S. National Academy of Science (NAS) [12] is a highly relevant organization in the USA\u2019s natural sciences field. The prestigious academy comprises 2400 world-class scientists\u2014 190 Nobel laureates among them. Many female researchers dedicate their academic lives to achieving the merits required to be part of the NAS. Ayala joined the when she was only 45 years old. The organization has a hierarchical structure, where a few people in the highest echelon have much power. This news has already spread around the world [13]. The has removed evolutionary biologist Francisco Ayala from its membership, a move which occurred three years after he was found to have engaged in the sexual harassment of female colleagues. In 2018, Ayala resigned from Irvine following a university investigation that confirmed his guilt in a sexual harassment case [10]. This expulsion represents the second occurrence of the removing a member due to allegations of sexual harassment. This action follows the organization\u2019s revision of its bylaws in the previous two years, which allowed the authority to expel members who breached its code of conduct. 1.2. Who Was Francisco Ayala? Prof. Ayala was a neo-Darwinian biologist and professor at the University of California, Irvine, where he held the following degrees: University Professor (It is a restricted category, reserved only for a few renowned professors), Donald Bren Professor of Biological Sciences, Ecology and Evolutionary Biology, Professor of Philosophy, and Professor of Logic and the Philosophy of Science. In 1961, he moved to the United States with his advisor, Professor Theodosius Dobzhansky, one of the fathers of the current understanding of evolution. His research was on population and evolutionary genetics, even though they called him the \u201cRenaissance Man of Evolutionary Biology\u201d (For more information, see: (/) search menu \uf0da \uf0d9 2/16/25, 11:58 Victorious Voices: Legal and Social Triumphs against Sexual Harassment in Higher Education&mdash Case Study 6/37 ayala.html#:~:text=Ayala%20is%20an%20internationally%20renowned,Renaissance%20M an%20of%20Evolutionary%20Biology%22 ( events/burke/past-lectures/francisco- ayala.html#:~:text=Ayala%20is%20an%20internationally%20renowned,Renaissance%20M an%20of%20Evolutionary%20Biology%22), accessed on 2 September 2023). In 1977, he was elected Fellow of the American Academy of Arts and Sciences. Ayala was president and chairman of the American Association for the Advancement of Science (AAAS) board. Since 1989, he has been the head of the Department of Evolutionary Biology at Irvine. In 2001, he was awarded the National Medal of Science (For more information, see: ( ( accessed on 2 September 2023), and six years later, he was awarded the first of one hundred bicentennial medals at Mount Saint Mary\u2019s University. Ayala received the President\u2019s Award of the American Institute of Biological Sciences, the Scientific Freedom and Responsibility Award, the 150th Anniversary Leadership Medal of the AAAS, and many other awards and medals from many countries and institutions. He was also a member of six scientific academies and held honorary degrees from twelve universities worldwide. In 2011 Irvine announced that Ayala would donate 10 million to the university\u2019s School of Biological Sciences. The science library at Irvine was named after him from 2010 until 2018, when his name was removed after it was shown that his conduct violated university policies [14]. The scientist was removed from the university in 2018 following a detailed investigation that confirmed sexual harassment towards his colleagues. This was the same year that the National Academies of Sciences, Engineering, and Medicine published a report making it clear that sexual harassment in academia exists across the board (2018). The fact that he wrote about his charges is even more significant as evidence of the success of having him kicked out of academia. He was subsequently expelled from the National Academy, and his fellowship at the American Association for the Advancement of Science was withdrawn [1]. 2. Policy Framework and Theoretical Context Sexual harassment in academic settings has long been a silent yet prevalent issue for decades, influenced by power dynamics, institutional responses, and societal attitudes [15,16]. The data bear this out [17]. From an intersectional approach [18], systems of discrimination, such as race, class, and sexuality, intersect with gender to influence the prevalence and experience of harassment. There are also studies [19] on how individuals develop and (/) search menu \uf0da \uf0d9 2/16/25, 11:58 Victorious Voices: Legal and Social Triumphs against Sexual Harassment in Higher Education&mdash Case Study 7/37 internalize gender and power roles in institutions and how these roles influence their responses to harassment. Like other organizations, universities often fail to achieve their goals of egalitarianism and social justice [20]. Academia has the second highest incidence of reported sexual harassment, following the military and exceeding both the private sector and government [18,21]. The scientific literature and social movements for inclusion and women\u2019s rights in academia have made unprecedented improvements in history [6,22]. Research [23,24,25] and social and student activism [26] over these decades have increasingly raised awareness of this scourge, including the awareness of sexual assault happening in other related fields [27]. Despite legislative measures and increased awareness, survivors often face significant barriers to reporting due to fear of retaliation, lack of support, and institutional betrayal [28]. Consequently, harassment and bullying are usually characterized as an epidemic within academic institutions [29], with retaliation against those who report misconduct being a significant contributing factor [30]. The issue of retaliation in academia against individuals who report sexual harassment is deeply embedded within a complex web of psychological, legal, and institutional dynamics. Among others [31,32], Sara Ahmed\u2019s work [33] offers critical insights into the lived experiences of those who file complaints about sexual harassment. She emphasizes how the act of complaining can itself become a site of trauma and resistance. Complaints often lead to further victimization, as institutions deploy various tactics to discredit, isolate, and retaliate against complainants. Since the earliest allegations that we are aware of [34], the emergence of solidarity networks and advocacy movements has brought about crucial shifts in addressing this issue, highlighting the importance of community support and collective action in challenging harassment and holding institutions accountable [35]. These networks have made more victims dare to come forward, knowing they will be heard and supported, especially at the peer-to-peer level and through informal mechanisms [32]. Victim blaming, the lack of support for victims, the severe consequences suffered by survivors who complain, and even retaliation against people who support them have led to many cases never coming to light. In the same vein, institutions have not always responded favorably to survivors who dared to speak out. Perceptions of how the police or the judicial system handles cases can discourage victims from coming forward [36]. On the other side, there is a growing opposition against sexual harassment across the board [37]. Solidarity networks have a dual function in supporting survivors and pressuring institutions to change their measures and policies and improve their responses to victims [32,38]. Policies such as bystander intervention [39] and bystander training [40] have already been shown to have broad benefits, not only in supporting survivors but also in creating a context in (/) search menu \uf0da \uf0d9 2/16/25, 11:58 Victorious Voices: Legal and Social Triumphs against Sexual Harassment in Higher Education&mdash Case Study 8/37 which support is widespread; no one hesitates to help, to intervene in a discussion, to change the subject, to distract when necessary, both to prevent and to act in case an uncomfortable situation occurs [41]. Drawing on this, the literature has also demonstrated the importance of protecting those who protect to make real this support that victims need to pull forward and overcome sexual violence in the academy; the literature has defined this as Isolating Gender Violence (IGV) [42,43]. In other words, the lack of support impedes victims from breaking the silence [44]. Another essential aspect to consider is the retaliation, attacks, or adverse consequences that survivors may suffer for reporting a harassment case and actions that have been developed to overcome them [45]. These situations can even occur to people who support survivors [31]. That is why, in some situations, although citizens know how to intervene because they have completed the training, they decide not to do so for the possible fear of retaliation [7]. The recent campaign #AmINext is an example of support generated around a case of a person who may lose their workplace for supporting the fight against harassment at the university. That is why extending support to people who help others is vital. This reality has already been legislated in some regional legislations internationally [46]. 3. Materials and Methods This research, which was carried out as part of the EU-funded Marie Sklodowska-Curie UniswithHeart (European Commission: Marie Sklodowska-Curie Action. Project number: 894554. Horizon 2020 Research Program. Available at: ( accessed on 2 September 2023) project, examines university administrations\u2019 responses to reports of harassment involving a notable professor. It also investigates the actions taken by organized survivors to seek justice for themselves and future generations. The study aims to understand how survivors filed a complaint against the university. It is an example of academics and researchers advocating for policy adherence within their institutions. This article, aligned with the UniswithHeart project, employs the communicative research methodology for data collection, involving in-depth interviews, focus groups, and documentary analysis. The communicative methodology [47] has been previously widely utilized and accepted in various research projects and articles [31], and above all, it has proven to impact the analysis of research on sexual harassment issues in university settings [35]. 3.1. Data Collection Data for this research were collected in two phases. First, a comprehensive review of the existing scientific literature on sexual harassment in academia was conducted. Additionally, desk research was performed to gather information from published news articles about the Irvine (/) search menu \uf0da \uf0d9 2/16/25, 11:58 Victorious Voices: Legal and Social Triumphs against Sexual Harassment in Higher Education&mdash Case Study 9/37 case and the accused professor. In the second phase, interviews with individuals knowledgeable about the Irvine case and Professor Ayala were conducted. Some of the survivors who filed the complaint, and other people who were familiar with the case on their campus, were interviewed. To ensure confidentiality, the details of the interviewees are withheld. Regarding the criteria for the participants\u2019 selection, participants were initially identified through published news articles (some of them containing their names) that researchers were identifying in the first phase of this data collection process. Then, participants were identified through a snowball method based on the initial survivors who complained in this case. These initial participants were referred to as \u201ccontact points\u201d. Then, they suggested other people involved in the case who were potentially interested in talking to us about it total of six in-depth interviews were conducted (with women aged between 25 and 60 years old). The duration of the interviews was between one and two hours each. All interviews were conducted in person and documented through notetaking, with no recordings made. Interview data were triangulated with findings gathered in the first phase (from the literature review), the documentary analysis, and informal discussions (consisting of unplanned conversations through authors\u2019 professional networks, who were speaking about this very well- known case, at conferences, dinners, academic talks, and even during coffee breaks and dinners). More than ten scientists\u2014from the area of biology\u2014including scientists from other universities, were informally asked about the Ayala case. In some cases, they were not even asked. Still, coinciding with the researchers in conferences, talks, or debates about harassment in academia, they opened a conversation to talk about what was known as the \u201cAyala case\u201d. Their thoughts and feedback were also helpful in gathering critical information for this study. 3.2. Data Analysis Interviews focused on topics concerning two main blocks. (1) The first block (effectiveness of university policies against harassment) included the following items: application of the policies; challenges encountered and ways of overcoming them; channels to reach out to students; the role of faculty and staff responsible for executing these mechanisms; and their link with social impact and their commitment to zero tolerance. (2) The second block (solidarity networks of support against sexual violence in academia) included the following items: the Student Network of Support (SNS)\u2019s action concerning this specific case; perception of survivors\u2019 empowerment connected with support; features of the in terms of gender, organization, responses, and leadership; the impact of in terms of offering additional resources and support spaces; and the impact of in terms of social and policy changes. For the data analysis, analytical dimensions informed by the existing scientific literature on sexual harassment in academia were considered from three perspectives: (1) university administration, (2) student networks of support, and (3) the connection between the two first (/) search menu \uf0da \uf0d9 2/16/25, 11:58 Victorious Voices: Legal and Social Triumphs against Sexual Harassment in Higher Education&mdash Case Study 10/37 coding scheme was drafted by the co-author, who conducted the in-person interviews and contrasted with the scientific literature. The co-author applied this coding scheme to all data and then presented their initial findings for a discussion with the entire author team. This internal discussion aimed to evaluate the coding scheme\u2019s appropriateness and refine some codes to ensure they aligned with the scientific literature and accurately represented the themes that emerged during data collection. This study and its foundational studies adhere to a communicative approach [47]. This approach prioritizes not just describing a social reality but also identifying and highlighting latent elements within it that, once recognized, can be used to enhance that social reality. Following the communicative methodology and its approach to the transformative vs. exclusionary analytical dimension [35], this study involved not only looking at those elements related to this case and the role of their participants, but also identifying those positive strategies that helped them in this situation and could potentially be implemented in other similar cases. In this case, the exclusionary dimension identifies elements that prevent survivors from winning a case and being believed and successful in their complaints; the transformative dimension identifies elements that advance ways of complaining in academia, feeling supported, and legally protected. Table 1 describes the coding scheme, including the analytical dimensions, code categories, and the communicative approach. Table 1. Coding scheme. Drawing on this, the analysis was structured around five key research categories: 1. The role of survivor-professors in taking responsibility; 2. Consequences of harassment within academia as opposed to the acts themselves; 3. Support from other faculty members; 4. Distinctions between legal action against the university versus the harasser; 5. The legal and policy implications at the university level. 3.3. Ethical Considerations Interview and focus group data were appropriately anonymized to safeguard the confidentiality of the participants\u2019 identities and personal information. All participants were given consent forms that provided comprehensive information about the study and clarified that they (/) search menu \uf0da \uf0d9 2/16/25, 11:58 Victorious Voices: Legal and Social Triumphs against Sexual Harassment in Higher Education&mdash Case Study 11/37 could withdraw from the research at any given time. All data gathered under the UniswithHeart project, in which this specific study is framed, complies with the Ethics Approval Procedure required by the Horizon 2020 research program, funded by the European Commission. As needed, this research investigation follows Regulation (EU) 2016/679, the EU\u2019s new General Data Protection Regulation (GDPR). In addition, the UniswithHeart study was ethically approved by the Institutional Review Board of the University of California, Berkeley (protocol code 2022- 04-15258). 4. Results Here are ten factors that contributed to the survivors\u2019 winning this case prominent professor was expelled from the university for failing to uphold its policies safeguarding its academic community members. 4.1. Altruism for Fellow Survivors will do it again\u201d. This is how the interview with the person who initiated the complaint against this professor began. This courageous act brought about significant changes in her life, demonstrating its profound impact. \u201cThis is not free for the people who do it\u201d, she mentioned. This is valid for all cases interviewed here and for survivors in general. This is one of the reasons people do not dare to report. Taking such a stand is very challenging, especially when facing repercussions while holding an important position within the department; it is a lot of responsibility. This person gave up some of her ambitions from academia. \u201cThis also made me change my research focus to community care, community research, more focused on the most vulnerable people\u201d, she said. Further evidence of her altruism lies in the decision to donate the settlement money to a crime survivor center, aiming to develop programs safeguarding victims beyond the university. Reflecting on the support from centers like this, she wished for earlier access to such resources, underscoring their vital role in her journey wish had found that place sooner\u201d, she said. Another interesting element to be highlighted is that the professor sued for harassment had previously faced repercussions at another university, where he was \u2018invited to leave,\u2019 which aligns with what research defines as the \u201cpass the harasser\u201d mechanism [48]. In this case, they wanted him not to be able to go anywhere else, illustrating altruism and a commitment to preventing further harm by ensuring accountability. 4.2. Fostering Fairness and Democracy in Academic Settings \u201cNow there is a new energy\u201d. The interviewees shared a current sense of optimism in the department when reflecting on the unique atmosphere among women. They also mentioned that (/) search menu \uf0da \uf0d9 2/16/25, 11:58 Victorious Voices: Legal and Social Triumphs against Sexual Harassment in Higher Education&mdash Case Study 12/37 his removal from the National Academy of Sciences marked a pivotal moment, catalyzing policy changes and improving science as we know it. The journey began with one survivor filing a complaint supporting a graduate student. Eventually, it snowballed into eighteen formal complaints\u2014four as primary complainants and fourteen as witnesses\u2014[49], culminating in a trial against the university. The researchers were told, \u201cWhen you look at the situations of the people who counted as witnesses, those situations could also be considered as victims\u201d, but not everyone dared to count as such in the report. In another situation, a doctoral student who was interviewed talked about another case involving a professor accused of internal harassment complaints who continued teaching, albeit with restrictions such as exclusion from having female teaching assistants. Graduate students expressed discontent with such measures, citing the negative impact on their training and career prospects. She said: \u201cThis is a detrimental measure to graduate students. As a graduate student see my options to be a teaching assistant restricted, and that means fewer possibilities for me to advance because women already have fewer possibilities than men in these fields\u201d. Therefore, removing such professors from academia represents a significant step toward progress in both scientific advancement and gender equity, particularly in fields traditionally dominated by men. 4.3. Evolution in Administrative Support The level of support university administration provides has seen marginal improvement, though it remains inadequate. \u201cVery little support\u201d, said one of the interviewees. This may be a slight improvement compared to a few years ago or previous cases when the answers refer to the administration: \u201cThey don\u2019t care, there is no support, they won\u2019t take it seriously\u201d. Responses nowadays include directing individuals to relevant resources and indicating avenues for seeking assistance. One aspect of university support that needs improvement is giving answers to the whole community. \u201cSometimes it is taken for granted that professors do not suffer harassment\u201d, said one of the people who had information about the case. Most often, support is provided to students and graduate students, leaving faculty members to seek counseling or assistance. Nevertheless, universities\u2019 growing recognition of the importance of addressing this issue indicates progress in administrative responsiveness. 4.4. Solidarity Received amid Retaliation against Supporters On numerous occasions, those complaining within academia proved that support is crucial during the entire process. In this case, it was also acknowledged that, without the solidarity received, navigating the challenges related to coming forward would not have been possible. \u201cThere was another teacher who at that moment became very nervous and began to retaliate against the seven professors who supported Ayala\u2019s case\u201d, a woman mentioned during the (/) search menu \uf0da \uf0d9 2/16/25, 11:58 Victorious Voices: Legal and Social Triumphs against Sexual Harassment in Higher Education&mdash Case Study 13/37 interview. These instances where individuals who stood up in support of victims faced retaliation exemplify what the scientific community has defined as Isolating Gender Violence [23,42,46,50]. \u201cIn academia, support is informal; it\u2019s one-to-one, some people you know are with you\u201d, one of the complaints mentioned during the interview. While institutional services exist, such as a graduate service and a counseling system, their effectiveness in addressing such severe cases was questioned, highlighting the need for more comprehensive support mechanisms. 4.5. Significant Peer Support Seven department members have provided crucial support to the victims throughout the process. This means a significant shift in terms of power dynamics within the university has taken place. This supportive attitude, a departure from past practices, where peers often turned a blind eye to misconduct by influential colleagues, marked a significant change in academia. \u201cFor a long time, department\u2019s peers have looked the other way, benefiting their influential peers in whatever situation they committed\u201d, was shared by a woman who made a complaint. The victims themselves were positively impressed by the support they received from their colleagues. One victim said the following: \u201cYou can understand why someone doesn\u2019t support, why they don\u2019t want problems, supporting is a mess, it\u2019s going to cost you, you\u2019re going to lose, it\u2019s going to have repercussions on you\u201d. One victim expressed the impact of this support, highlighting instances where peers reached out late at night to offer comfort and discuss relevant news stories. \u201cSome people were close daily, which was very important for me\u201d, one of the complainants said. 4.6. The Influence of Support Networks Examining the role of support networks in academia shows the significance of those beyond the university. These external networks possess unique characteristics: they are not tied to specific individuals and provide broad social support. At the same time, they pressure the university and help without fear. This highlights the importance of protecting supporters within the university. Internally, the center emerged as a well-functioning resource within the university, operating as a well-organized Campus Assault and Resources Education office. The centers are positioned discreetly, emphasizing confidentiality to ensure anonymity for visitors seeking assistance, as acknowledging their presence might indicate involvement in a case. The resources provided were designed for victims and driven by student initiatives. 4.7. The Impact of Reporting on Survivors During the two-year duration of the internal complaint process, survivors experienced insomnia, difficulty concentrating, symptoms of post-traumatic stress disorder (PTSD), and some even required hospitalization. Beyond the harassment incidents themselves, the focus shifts to (/) search menu \uf0da \uf0d9 2/16/25, 11:58 Victorious Voices: Legal and Social Triumphs against Sexual Harassment in Higher Education&mdash Case Study 14/37 the repercussions endured by the victims, with many contemplating dropping out of college [51]. As one interviewee mentioned: \u201cMany women abandon their academic careers or do not want to be in this department forever if they see that unacceptable and uncomfortable behavior is tolerated\u201d. Additionally, survivors express disappointment and feelings of betrayal by the university, which is known as institutional betrayal [28] in the scientific literature. One survivor described feeling shocked and let down by the university\u2019s response when seeking support from the anti- harassment office. She told it as it all started: \u201cWe have to go to the anti-harassment office\u201d. There, she noticed that the office did not help them. Shockingly, she could not do anything else that day; she even had to cancel her classes. That meeting made her realize the university was not going to protect them. Initially, she thought there were two sides: the harasser and the university, with the four as complainants. The harasser would have his lawyers, and they and the university were one team. But, at that meeting, they knew they would need to hire a lawyer and sue the university, not the harasser. 4.8. Shifting Focus to the Consequences of Events Rather Than Actions The consequences for survivors are an essential aspect, since the literature has often shown that reporting harassment in academia can be worse than experiencing the harassment itself [32,35]. Beyond the reprisals for reporting mentioned above, in this section, we delve into the implications of the incidents on individuals beyond the mere act of harassment. For instance, what may initially seem like harmless jokes or comments can escalate into sources of insecurity and hinder one\u2019s ability to work comfortably departmental comment becomes annoying when it prevents the victim from performing their work under normal conditions. One of the survivors said the following: \u201cReally, what Ayala did were annoying comments. They never went to more than comments, but he would pick on the women; he would make comments to them about their physical appearance, about the weight their body gained\u201d. There were the \u201clift comments\u201d and \u201ccommon room comments\u201d from this professor. \u201cYou were in the same room as him and had to listen to uncomfortable comments. Everybody talked about it, but nobody spoke about complaining until these comments had consequences on the development of the work\u201d. For example, a survivor explained that she had to present a program she had prepared in a meeting. The professor arrived and told her, \u201cYou can sit on my lap to make a better presentation\u201d. She felt insecure and unable to focus after being subjected to such inappropriate remarks. She thought that she did not have confidence. She felt guilty that she was not doing well in her professional duties and thought the following cannot allow this to affect me anymore\u201d, which moved her to complain about it. The consequences are significant because \u201cthis person does not let me do my job, and his comments bother me\u201d. (/) search menu \uf0da \uf0d9 2/16/25, 11:58 Victorious Voices: Legal and Social Triumphs against Sexual Harassment in Higher Education&mdash Case Study 15/37 4.9. Numbers Matter in Addressing Harassment The research elaborated in this article has revealed a key element: the number of individuals affected by harassment holds greater weight than the harassment itself. For instance, within the department of the accused professor, it was clear that the focus of a case lies not just on the severity of the harassment but on the number of individuals impacted by it. According to survivors, another faculty member has engaged in \u2018even more serious\u2019 acts of harassment. Although all actions are severe because of their consequences, as we have seen in the previous section, the repercussions for perpetrators intensify when multiple individuals fall victim to the same misconduct. One survivor said, \u201cMy feeling is that the university seems to care when multiple people are affected by the same individual\u2019s misconduct. If there are a bunch of people experiencing harassment from the same professor or the same people, the university will do something about it. But if you are the only one suffering from that person, they won\u2019t take it seriously; they don\u2019t care. They would say that it\u2019s a personal issue, that you are part of the conflict, and that\u2019s matter\u201d. When, during the interviews, the researchers asked why those who were potentially harassing more are not in trouble, more than one survivor answered: \u201cThere were so many women victims of Ayala\u201d. In other words, this underscores the importance of quantity over individual cases in addressing such misconduct. That result also seemed exciting, as did the fact that so many people knew about it. 4.10. Significant Legal Role It is essential to acknowledge the instrumental role of legislation in this matter, particularly the dedication of the attorney who filed the complaint and the legal framework upon which it was built. All interviewed mentioned the attorney\u2019s role and commitment to taking this case forward. As a result, the professor faced severe consequences, including a campus ban and the removal of his name from various facilities, including the library and the science faculty building. He was also removed from his leadership roles, chairships, and labs, including the significant impact that was to be seen outside the National Academy of Science. Despite residing in faculty housing at Irvine until his recent passing, he had no professional ties to any university. His expulsion from academia had far-reaching effects beyond the university\u2019s confine. Table 2 below summarizes the study\u2019s key findings, contributing to the survivors\u2019 success in their case against a university professor accused of sexual harassment. Table 2. Summary of the study\u2019s key findings. (/) search menu \uf0da \uf0d9 2/16/25, 11:58 Victorious Voices: Legal and Social Triumphs against Sexual Harassment in Higher Education&mdash Case Study 16/37 5. Discussion The literature has long claimed that sexual harassment in academia contains some peculiarities based on power and silence. Often, reputation has been understood to lead to the ignoring of complaints against sexual harassment [52]. On the other hand, the student movement has long advocated that if harassment exists in the university, it is because the structure of the university is permissive to harassment [53]. This article represents a significant advancement in the literature by focusing on suing the university instead of the harasser. This case marks a breakthrough involving legal action against the university for failing to implement its policies effectively [54]. The harasser\u2019s conviction for violating university policy underscores key points: university policies are indispensable, providing a framework for accountability and critique. This article demonstrates how addressing hostile environments and silence enhances academic progress and scientific integrity. Today, science aspires to be inclusive, dialogic, and devoid of harassment, fostering an environment conducive to collaboration and innovation [55]. This also helps the academic community to regain a sense of belonging [56]. The improvements described in this article also meet Goal 5 of the Sustainable Development Goals [57]. The outcome of the complaint described in this piece inspires other universities where this process has never been conducted, as in the case of Spain, for example. There, the movement is powerful, and many achievements have been made due to complaints against a prominent professor at a university [32], including legislative changes [46], but the university has never been sued. The focus has always been on professors who have been reported for harassment. Cases like Irvine\u2019s mark a different way of looking at the future of the academy, help more survivors come together as a network, and inspire other future complaints. Future research might explore the integration of external mechanisms with university resources. Support networks, typically external to the institution, play a vital role, requiring some connection. For instance, networks within the city, rather than the university, offer broader societal support and exert pressure on academic institutions. Finally, it is essential to highlight the altruistic behavior of the survivors in the case described in this article. They emphasized the following: \u201cWe do it for other survivors. We have suffered reprisals, we have given up things in the academy, but we would do it again\u201d. (/) search menu \uf0da \uf0d9 2/16/25, 11:58 Victorious Voices: Legal and Social Triumphs against Sexual Harassment in Higher Education&mdash Case Study 17/37 6. Conclusions The case of sexual harassment at the University of California, Irvine, involving the renowned biologist Francisco Ayala, sheds light on crucial aspects that lead to the success of survivors in suing the university rather than the harasser. The comprehensive study reveals ten key factors that contributed to the survivors\u2019 victory, emphasizing the role of altruism, the pursuit of fair and democratic academic spaces, the changing role of administration, solidarity networks, and critical support from peers. The analyzed case underscores the importance of focusing on the consequences of events rather than actions and highlights the significant impact of legislation in holding universities accountable. The case\u2019s successful outcome demonstrates that systemic change is possible when individuals come together to challenge harassment and advocate for fairness and transparency within their institutions. As a motivation for success, this case inspires other survivors worldwide. It encourages institutions to prioritize implementing policies to eliminate harassment, fostering a safer and more inclusive academic environment. Furthermore, continued research and advocacy are needed to raise awareness, challenge societal norms, and empower survivors to come forward and seek justice. The article provides a detailed account of the Ayala case and contributes to the ongoing discourse on sexual harassment in academia. By exploring the multifaceted dynamics, challenges, and triumphs in this specific case, the study offers valuable insights for future research and initiatives to address and prevent sexual harassment in academic institutions. It reinforces the crucial role of support networks, the legal framework, and a collective commitment to creating a culture that prioritizes the well-being of all academic community members. The lessons learned from the Irvine case serve as a compelling narrative for universities worldwide to proactively address and eradicate sexual harassment, fostering a culture of respect, accountability, and justice within academic spaces. Moving forward, the Ayala case at Irvine stands as a testament to the power of collective action and institutional accountability in combating sexual harassment in academia. Through the courageous efforts of survivors who chose to sue the university rather than the individual harasser, significant repercussions were felt, leading to the expulsion of a prominent figure and prompting institutional reforms. The study\u2019s findings underscore the importance of solidarity networks, legal mechanisms, and administrative responsiveness in addressing sexual harassment within academic settings. By prioritizing the well-being of survivors and fostering cultures of respect and support, universities can work together toward creating safer and more inclusive environments for all academic community members. Recommendations for future research In line with the research developed in this study, further research could be conducted considering several approaches: (1) longitudinal studies of analyses of complaints and survivors\u2019 academic trajectories; (2) comparative studies on similar cases across different universities; (3) (/) search menu \uf0da \uf0d9 2/16/25, 11:58 Victorious Voices: Legal and Social Triumphs against Sexual Harassment in Higher Education&mdash Case Study 18/37 policy implementation by examining institutional responses to sexual harassment complaints in different universities; (4) analyses of the influence of support networks and peer support systems in other universities regarding other harassment reports; and (5) research on the media as a prevention mechanism, specifically on the effectiveness of some public significant cases as a prevention measure for how other universities deal with future cases. Author Contributions Conceptualization, A.V. and T.S.-M.; methodology, P.M.; software, M.J.; validation, A.V., T.S.-M. and P.M.; formal analysis, P.M.; investigation, A.V.; resources, M.J.; data curation, T.S.- M.; writing\u2014original draft preparation, A.V.; writing\u2014review and editing, T.S.-M.; visualization, M.J.; supervision, P.M.; project administration, A.V.; funding acquisition, A.V. All authors have read and agreed to the published version of the manuscript. Funding This project has received funding from the European Union\u2019s Horizon 2020 research and innovation programme under the Marie Sk\u0142odowska Curie Grant Agreement No. 894554. Institutional Review Board Statement The study was conducted in accordance with the Declaration of Helsinki, and approved by the Institutional Review Board of the University of California, Berkeley (protocol code 2022-04- 15258 and approved on 16 December 2022). 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Share and Cite \uf199 (mailto:? &subject=From%20MDPI%3A%20%22Victorious%20Voices%3A%20Legal%20and%20Soc ial%20Triumphs%20against%20Sexual%20Harassment%20in%20Higher%20Education%2 6mdash%3BA%20Case%20Study\"&body= ctorious%20Voices%3A%20Legal%20and%20Social%20Triumphs%20against%20Sexual %20Harassment%20in%20Higher%20Education%26mdash%3BA%20Case%20Study%0A %0AAbstract%3A%20Sexual%20harassment%20in%20academia%20has%20gained%20at tention%20due%20to%20legislative%20measures%2C%20university%20mechanisms%2 C%20and%20student%20solidarity%20networks.%20This%20article%20explores%20the %20factors%20contributing%20to%20survivors%20winning%20when%20suing%20their %20university.%20The%20case%20described%20here%20relates%20to%20a%20North%2 0American%20university%20in%20a%20state%20with%20regulations%20against%20hara ssment%20and%20an%20active%20student%20movement.%20It%20delves%20into%20a %20case%20at%20the%20University%20of%20California%2C%20Irvine%2C%20where%2 0four%20individuals%20sued%20for%20the%20mishandling%20of%20sexual%20harass ment%20complaints%2C%20resulting%20in%20the%20dismissal%20of%20a%20promine nt%20professor.%20Drawing%20on%20data%20from%20the%20EU%20UniswithHeart%2 0research%20project%2C%20the%20article%20analyzes%20the%20impact%20of%20soli darity%20networks%20and%20the%20trial%20outcome.%20Through%20desk%20researc h%20and%20qualitative%20interviews%2C%20it%20identifies%20key%20elements%20le ading%20to%20legal%20victories%20against%20universities%2C%20even%20in%20the %20case%20of%20a%20professor%20who%20made%20a%20big%20donation%20to%20t (/) search menu \uf0da \uf0d9 2/16/25, 11:58 Victorious Voices: Legal and Social Triumphs against Sexual Harassment in Higher Education&mdash Case Study 33/37 he%20university%2C%20who%20was%20banned%20from%20campus%2C%20and%20w ho%20had%20his%20name%20removed%20from%20buildings.%20This%20study%20sh ows%20ten%20aspects%20that%20lead%20to%20winning%20a%20harassment%20case %20within%20universities%2C%20emphasizing%20the%20importance%20of%20addressi ng%20the%20consequences%20of%20harassment.%20It%20also%20illustrates%20the% 20improvement%20of[...]) ( text=Victorious+Voices%3A+Legal+and+Social+Triumphs+against+Sexual+Harassment+i n+Higher+Education%E2%80%94A+Case+Study&hashtags=mdpisexes&url=https%3A%2 F%2F \uf08c ( mini=true&url=https%3A%2F%2F %3A%20Legal%20and%20Social%20Triumphs%20against%20Sexual%20Harassment%20 in%20Higher%20Education%E2%80%94A%20Case%20Study%26source%3Dhttps%3A%2 F%2F %20gained%20attention%20due%20to%20legislative%20measures%2C%20university%20 mechanisms%2C%20and%20student%20solidarity%20networks.%20This%20article%20e xplores%20the%20factors%20contributing%20to%20survivors%20winning%20when%20s uing%20their%20university.%20The%20case%20%5B...%5D) \uf082 ( \uf1a2 ( ( and Style Vidu, A.; Sord\u00e9-Mart\u00ed, T.; Melgar, P.; Joanpere, M. Victorious Voices: Legal and Social Triumphs against Sexual Harassment in Higher Education Case Study. Sexes 2024, 5, 221-234. Style Vidu A, Sord\u00e9-Mart\u00ed T, Melgar P, Joanpere M. Victorious Voices: Legal and Social Triumphs against Sexual Harassment in Higher Education Case Study. Sexes. 2024; 5(3):221-234. Chicago/Turabian Style Vidu, Ana, Teresa Sord\u00e9-Mart\u00ed, Patricia Melgar, and Mar Joanpere. 2024. \"Victorious Voices: Legal and Social Triumphs against Sexual Harassment in Higher Education Case Study\" Sexes 5, no. 3: 221-234. Style (/) search menu \uf0da \uf0d9 2/16/25, 11:58 Victorious Voices: Legal and Social Triumphs against Sexual Harassment in Higher Education&mdash Case Study 34/37 Sexes (/journal/sexes 2411-5118, Published by (/rss/journal/sexes) Content Alert (/journal/sexes/toc-alert) Citations Article Access Statistics Vidu, A., Sord\u00e9-Mart\u00ed, T., Melgar, P., & Joanpere, M. (2024). 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Ayala Francisco Jos\u00e9 Ayala Pereda (March 12, 1934 \u2013 March 3, 2023) was a Spanish-American evolutionary biologist and philosopher who was a longtime faculty member at the University of California, Irvine, and University of California, Davis.[4] Ayala was previously president and chairman of the board of the American Association for the Advancement of Science.[5] At University of California, Irvine, his academic appointments included University Professor and Donald Bren Professor of Biological Sciences, Ecology & Evolutionary Biology (School of Biological Sciences), Professor of Philosophy (School of Humanities), and Professor of Logic and the Philosophy of Science (School of Social Sciences).[6] Ayala's employment at Irvine ended in 2018 after the university issued a report relating to allegations of sexual harassment claims against him.[7] Ayala denied having \"intentionally caused sexual harassment to anybody.\"[7] His name was removed from the School of Biological Sciences, the Science Library, as well as various graduate fellowships, scholarship programs, and endowed chairs.[8] Earlier in life, Ayala was a Dominican priest,[9][10] ordained in 1960 and leaving the priesthood that same year.[11] After graduating from the University of Salamanca, he moved to the United States in 1961 to study for a PhD at Columbia University. There, he studied for his doctorate under Theodosius Dobzhansky, graduating in 1964.[12] He became a citizen in 1971. Ayala is known for his research on population and evolutionary genetics, and has been called the \"Renaissance Man of Evolutionary Biology\".[13] His \"discoveries have opened up new approaches to the prevention and treatment of diseases that affect hundreds of millions of individuals worldwide\", including demonstrating that the reproduction of Trypanosoma cruzi, the agent of Chagas disease, is mostly the product of cloning, and that only a few clones account for most of this widespread disease.[14] Ayala served on the advisory board of the now defunct Campaign to Defend the Constitution, an organization that has lobbied in support of the separation of church and state. He has been publicly critical of U.S. restrictions on federal funding of embryonic stem cell research. He was also a critic of intelligent design theories, claiming that they are not only pseudoscience, but also misunderstood from a theological point of view. He suggested that the theory of evolution resolves the problem of Early life and education Career 2/16/25, 11:58 Francisco J. Ayala - Wikipedia 1/7 Francisco J. Ayala Born Francisco Jos\u00e9 Ayala Pereda March 12, 1934[3] Madrid, Spain Died March 5, 2023 (aged 88) Newport Beach, California, U.S. Citizenship Spanish, American (1971\u2013 2023) Alma mater University of Salamanca Columbia University Known for Population genetics Spouses Mary Henderson \u200b\u200b(m. 1968, divorced)\u200b Hana Lostokova \u200b(m. 1985)\u200b Children 2 Awards National Medal of Science, Templeton Prize Scientific career Fields Biology, Genetics Institutions University of California, Davis (1971\u20131989)[1] University of California, Irvine (1989\u20132018)[2] Doctoral advisor Theodosius Dobzhansky Doctoral students John Avise evil, thus being a kind of theodicy.[15][16][17] Although Ayala generally did not discuss his religious views, he has stated that \"science is compatible with religious faith in a personal, omnipotent and benevolent God.\"[18] He also briefly served, in 1960, as a Dominican priest.[19] Ayala did not say whether he remained a religious believer, not wanting to be \"tagged by one side or the other.\"[20] Ayala attended the Beyond Belief symposium in November 2006. Ayala debated Christian apologist William Lane Craig in November 2009 on the topic of intelligent design.[21] On October 18, 2011, the University of California, Irvine (UCI) announced that Ayala would be donating $10 million to the university's School of Biological Sciences. The gift was to be \"$1 million a year for the next decade.\"[22] Four women (professor Kathleen Treseder, another professor, an assistant dean, and one graduate student),[23] alleged that Ayala had sexually harassed them, prompting an investigation led by Erik Pelowitz at Irvine's Office of Equal Opportunity and Diversity.[7] The university investigators concluded that Ayala violated the university's policies on sexual harassment and sex discrimination in the cases of three of the four women,[7] and found that the conduct at issue extended to 2004 and had led to previous warnings to Ayala.[7] The investigators' report also concluded that Ayala \"engaged in a campaign with the highest University officials to influence the outcome of this investigation.\"[7] Ayala denied most allegations against him, and wrote to the university's chancellor, Howard Gillman have never intentionally caused sexual harassment to anybody. To the extent that my actions may have caused harm to others apologize from the deepest of my heart and of my mind.\"[7] He resigned effective July 1, 2018.[23] Ayala was represented in the investigation by attorney Susan Estrich.[23] The investigation against Ayala extended to more than 60 witnesses,[23] and the outcome divided scholars.[7][23] Camilo Jos\u00e9 Cela Conde[23] and Elizabeth Loftus defended him, the latter saying that she was \"shocked that this Sexual harassment investigation 2/16/25, 11:58 Francisco J. Ayala - Wikipedia 2/7 man's life was ruined over this collection of reactions to his behavior\" and described the allegations as \"thin.\"[7] In contrast, T. Jane Zelikova, the founder of 500 Women Scientists, supported Ayala's ouster.[7] Ann Olivarius, a lawyer and sexual harassment expert who reviewed the report at the request of Science magazine, said that Ayala did not \"have sex with students or pressure them directly for sex\" but \"clearly made multiple women feel degraded\" and continued to do so \"after senior university officials warned him to stop acting in these ways.\"[7] Ayala returned to his private life, and the university removed his name from the School of Biological Sciences, the Science Library, and endowed chairs that had been named after Ayala.[8][2] The American Association for the Advancement of Science removed his fellowship status.[24] The U.S. National Academy of Sciences rescinded Ayala's membership for violation of Section 4 of the Code of Conduct, effective June 23, 2021.[25] In 2001, Ayala was awarded the National Medal of Science.[14] On April 13, 2007, he was awarded the first of 100 bicentennial medals at Mount Saint Mary's University for lecturing there as the first presenter for the Bicentennial Distinguished Lecture Series. His lecture was entitled \"The Biological Foundations of Morality\". Other awards he received include the Gold Honorary Gregor Mendel Medal of the Czech Academy of Sciences, the Gold Medal of the Accademia Nazionale dei Lincei, the Gold Medal of the Stazione Zoologica in Naples, the President's Award of the American Institute of Biological Sciences, the Award for Scientific Freedom and Responsibility[26] and 150th Anniversary Leadership Medal of the AAAS, the Medal of the College of France, the Medal of the University of California, the 1998 Distinguished Scientist Award from the SACNAS, and Sigma Xi's William Procter Prize for Scientific Achievement, 2000. In 2010, he was awarded the Templeton Prize.[27] The science library at was named after him from 2010 until 2018, when his name was removed after a university investigation concluded that his conduct with respect to three women violated university policies.[7][28][2] Ayala delivered a lecture at the Trotter Prize ceremony in 2011 entitled \"Darwin's Gift to Science and Religion.\" In 2014 named its School of Biological Sciences the Francisco J. Ayala School of Biological Sciences after Ayala.[29 removed his name from the library and school in 2018, after finding that he sexually harassed at least four women.[2] Ayala was elected a Fellow of the American Academy of Arts and Sciences in 1977, and the National Academy of Sciences in 1980, though his fellowship status in these institutions was later revoked.[30] He was a member of the American Philosophical Society. He was also a foreign member of the Russian Academy of Sciences, the Accademia Nazionale dei Lincei in Rome, the Spanish Royal Academy of Sciences, the Mexican Academy of Sciences, and the Serbian Academy of Sciences and Arts. He had honorary degrees from the University of Athens, the University of Bologna, the University of Barcelona, the University of the Balearic Islands, the University of Le\u00f3n, the University of Madrid, the University of Salamanca, the University of Valencia, the University of Vigo, Far Eastern National University, Masaryk University and University of Warsaw. Awards and honors 2/16/25, 11:58 Francisco J. Ayala - Wikipedia 3/7 Francisco Ayala was born to Francisco Ayala and Soledad Pereda. In the late 1960s he met Mary Henderson, they married on May 27, 1968.[31] They had two sons: Francisco Jos\u00e9 (born 1969) and Carlos Alberto (born 1972).[32] Their marriage ended in divorce,[33] and in 1985 he married an ecologist named Hana Ayala (n\u00e9e Lost\u00e1kov\u00e1, born 1956).[34][35] They lived in Irvine, California. He died from a heart attack on March 3, 2023, in Newport Beach, at age 88.[36][37] Ayala has published 950 publications and 30 books. Recently published books include: Ayala, F.J. Evolution, Explanation, Ethics and Aesthetics: Towards a Philosophy of Biology. Academic Press: 2016 9780128036938 Ayala, F.J. Am a Monkey: Six Big Questions About Evolution. Johns Hopkins University Press: Baltimore 2010. Ayala, F.J. and Robert Arp, eds. Contemporary Debates in Philosophy of Biology. Wiley-Blackwell: London, 2009 978-1-4051-5998-2 Avise, J.C. and F.J. Ayala, eds. In the Light of Evolution: Adaptation and Complex Design. National Academy Press: Washington, DC. 2007 978-0-309-10405-0 Cela Conde, C.J. and F.J. Ayala. Human Evolution. Trails from the Past. Oxford University Press: Oxford, 2007. Ayala, F.J. Darwin y el Dise\u00f1o Inteligente. Creacionismo, Cristianismo y Evoluci\u00f3n. Alianza Editorial: Madrid, Spain, 231 pp. 2007. Ayala, F.J. Darwin's Gift to Science and Religion. Joseph Henry Press: Washington, DC, xi + 237 pp. 2007 Ayala, F.J. La Evoluci\u00f3n de un Evolucionista. Escritos Seleccionados. University of Valencia: Valencia, Spain, 441 pp. 2006 84-370-6526-7 Ayala, F.J. Darwin and Intelligent Design. Fortress Press: Minneapolis, MN, xi + 116 pp. 2006. Ayala, F.J. and C.J. Cela Conde. La piedra que se volvi\u00f3 palabra. Las claves evolutivas de la humanidad. Alianza Editorial: Madrid, Spain. 184 pp. 2006 84-206-4783-7 Hey, J., W.M. Fitch and F.J. Ayala, eds. Systematics and the Origin of Species. On Ernst Mayr's 100th Anniversary. National Academies Press: Washington, DC. xiii + 367 pp. 2005 0-309- 09536-0 Wuketits, F.M. and F.J. Ayala, eds. Handbook of Evolution: The Evolution of Living Systems (Including Hominids), Volume 2. Wiley-VCH: Weinheim, Germany. 292 pp. 2005 978-3-527- 61971-9 Ayala, F.J. Le Ragioni dell\u2019 Evoluzione. Di Renzo Editore: Rome. 109 pp. 2005. Ayala, F.J. Human Evolution: Biology, Culture, Ethics. In: J.B. Miller, ed., The Epic of Evolution. Science and Religion in Dialogue (Pearson Education, Inc.: Upper Saddle River, New Jersey), pp. 166\u2013180. 2004. List of celebrities who own wineries and vineyards Personal life Books See also 2/16/25, 11:58 Francisco J. Ayala - Wikipedia 4/7 1. Ayala, Francisco J. (December 2009). \"Francisco J. Ayala\" ( 09.033). Current Biology. 19 (23): R1060 \u2013 R1061. Bibcode:2009CBio...19R1060A ( bs.harvard.edu/abs/2009CBio...19R1060A). doi:10.1016/j.cub.2009.09.033 ( 6%2Fj.cub.2009.09.033). S2CID 46117440 ( 2. Watanabe, Teresa (June 28, 2018). \"Acclaimed Irvine geneticist resigns after committing sexual harassment\" ( assment-20180628-story.html). Los Angeles Times. Retrieved June 29, 2018. 3. Hall, Brian Keith; Strickberger, Monroe W.; Hallgr\u00edmsson, Benedikt (2008). Strickberger's evolution: the integration of genes, organisms and populations ( gersevo0000hall/page/633). Sudbury, Mass.: Jones and Bartlett. p. 633 ( s/strickbergersevo0000hall/page/633 978-0-7637-0066-9. 4. Pinar Garc\u00eda, Susana (2016). De Dios y ciencia. La evoluci\u00f3n de Francisco J. Ayala. Madrid: Alianza Editorial 9788491042358. 5. Dean, Cornelia (April 29, 2008). \"Roving Defender of Evolution, and of Room for God\" ( w.nytimes.com/2008/04/29/science/29prof.html). New York Times. Retrieved April 24, 2009. 6. \"Biologist Francisco J. Ayala\" ( The Scientist. February 5, 1996. Retrieved April 24, 2009. 7. Meredith Wadman (July 20, 2018). \"Here's the sexual harassment report that felled a famed geneticist\u2014and his defense\" ( arassment-allegations-felled-famed-geneticist). Science. AAAS. 8 proposes new name for School of Biological Sciences, science library after internal investigation substantiates sexual harassment claims against signature donor\" ( du/2018/06/28/uci-proposes-new-name-for-school-of-biological-sciences-science-library-after-inter nal-investigation-substantiates-sexual-harassment-claims-against-signature-donor News. June 28, 2018. 9. \"Evolution: Religion: Science and Faith\" ( nt_01.html). Pbs.org. Retrieved July 26, 2010. 10. Dreifus, Claudia (April 27, 1999 J. AYALA; Ex-Priest Takes the Blasphemy Out of Evolution\" ( n-with-francisco-j-ayala-ex-priest-takes-blasphemy-evolution.html). New York Times. Retrieved April 24, 2009. 11. Richardson, W.; Slack, Gordy (2001). Faith in science: scientists search for truth ( g/details/faithinsciencesc0000unse/page/6). London: Routledge. p. 6 ( thinsciencesc0000unse/page/6 0-415-25765-4. 12. Ayala, Francisco (1976). \"Theodosius Dobzhansky: The Man and the Scientist\". Annual Review of Genetics. 10: 1\u20136. doi:10.1146/annurev.ge.10.120176.000245 ( v.ge.10.120176.000245 797305 ( 13 Conversation with Hana and Francisco J. Ayala\" ( 0/ American Association for the Advancement of Science. March 23, 2006. Archived from the original ( programs/centers/pe/events/20060323ayala.shtml) on June 5, 2009. Retrieved April 24, 2009. 14. \"Biologist Francisco J. Ayala Wins National Medal of Science\" ( 905000326/ University of California. May 9, 2002. Archived from the original ( on September 5, 2008. Retrieved April 24, 2009. References 2/16/25, 11:58 Francisco J. Ayala - Wikipedia 5/7 15. Ayala, F. J. (2007). Darwin's Gift to Science and Religion. Washington, D.C.: Joseph Henry Press. p. xi shudder in terror at the thought that some people of faith would implicitly attribute this calamity to the Creator's faulty design rather see it as a consequence of the clumsy ways of the evolutionary process..\" 16. Ayala, F. J. (2007). Darwin's Gift to Science and Religion. Washington, D.C.: Joseph Henry Press. pp. 4\u20135. \"Later, when was studying the theology in Salamanca, Darwin was a much-welcomed friend. The theory of evolution provided the solution to the remaining component of the problem of evil. As floods and drought were a necessary consequence of the fabric of the physical world, predators and parasites, dysfunctions and diseases were a consequence of the evolution of life. They were not a result of a deficient or malevolent design: the features of organisms were not designed by the Creator.\" 17. Ayala, F. J. (2007). Darwin's Gift to Science and Religion ( ci00ayal). Washington, D.C.: Joseph Henry Press. p. 159 ( ci00ayal/page/n162). \"Religious scholars in the past had struggled with imperfection ... in the living world, which [is] difficult to explain if [it is] the outcome of God's design. ... Evolution came to the rescue. ... The theory of evolution, which at first had seemed to remove the need for God in the world, now has convincingly removed the need to explain the world's imperfections as failed outcomes of God's design.\" 18. Lawton, Graham (April 2, 2010). \"Templeton prizewinner: We need science plus morality\" (https:// ality.html). New Scientist. 19. Ruse, Michael. Can a Darwinian Be a Christian? : The Relationship between Science and Religion. Cambridge University Press: New York, xi + 242 pp. 2001, p. 75 20. Dean, Cornelia (April 29, 2008). \"Roving Defender of Evolution\" ( 4/29/science/29prof.html). New York Times. \"Dr. Ayala does not say whether he remains a religious believer don't want to be tagged,\" he said. \"By one side or the other.\" \" 21. \"Is Intelligent Design Viable? The Craig-Ayala Debate\" ( bates/is-intelligent-design-viable-craig-ayala-debate/). reasonablefaith.org. Retrieved August 2, 2018. 22. Rivera, Carla (October 18, 2011 Irvine professor donating $10 million to school\" ( b.archive.org/web/20111018162336/ 2845450.story?track=rss). Los Angeles Times. Archived from the original ( news/local/la-me-uci-gift-20111018,0,2845450.story?track=rss) on October 18, 2011. 23. Meredith Wadman, Prominent geneticist out at Irvine after harassment finding ( ence.org/content/article/prominent-geneticist-out-uc-irvine-after-harassment-finding), Science (June 29, 2018). 24. Wadman, Meredith (September 21, 2018 adopts new policy for ejecting harassers\". Science. 361 (6408): 1175. Bibcode:2018Sci...361.1175W ( 8Sci...361.1175W). doi:10.1126/science.361.6408.1175 ( 408.1175 0036-8075 ( 30237333 (http s://pubmed.ncbi.nlm.nih.gov/30237333). S2CID 206626401 ( sID:206626401). 25. Ortega, Rodrigo P\u00e9rez (June 24, 2021). \"National Academy of Sciences ejects biologist Francisco Ayala in the wake of sexual harassment findings\" ( academy-sciences-ejects-biologist-francisco-ayala-wake-sexual-harassment). Science. Retrieved June 24, 2021. 26. The Scientist ( g%22+%22award%22). Vol. 1. Institute for Scientific Information. 1987. p. 27. 27. Dean, Cornelia (March 25, 2010). \"Biologist Wins Templeton Prize\" ( 0/03/26/science/26templeton.html). New York Times. Retrieved March 25, 2010. 2/16/25, 11:58 Francisco J. Ayala - Wikipedia 6/7 28 Science Library to be named in honor of Francisco J. Ayala\" ( 164556/ University of California, Irvine. April 26, 2010. Archived from the original ( ancisco-ayala-science-library.html) on May 25, 2012. Retrieved May 4, 2010. 29 Irvine's School of Biological Sciences renamed in honor of Francisco J. Ayala\" ( e.today/20140322022722/ ces-renamed-in-honor-of-francisco-j-ayala.php). Archived from the original ( gnition/news/uc-irvines-school-of-biological-sciences-renamed-in-honor-of-francisco-j-ayala.php) on March 22, 2014. Retrieved March 21, 2014. 30. \"Book of Members, 1780\u20132010: Chapter A\" ( ChapterA.pdf) (PDF). American Academy of Arts and Sciences. Retrieved April 28, 2011. 31. World of Genetics on Francisco J. Ayala ( g/). {{cite book}}: |website= ignored (help) 32. Vasich, Tom (May 9, 2002). \"Biologist Francisco J. Ayala Wins National Medal of Science\" (https:// web.archive.org/web/20080905000326/ University of California. Archived from the original ( e/4322) on September 5, 2008. 33. \"Templeton Prize Fact Sheet\" ( prize.org/pdfs/2010_prize/A-FactSheet.pdf) (PDF). Archived from the original ( nprize.org/pdfs/2010_prize/A-FactSheet.pdf) (PDF) on April 11, 2012. Retrieved June 29, 2010. 34. \"Hana and Francisco J. Ayala: Separate Careers, a Common Passion for Knowledge\" ( b.archive.org/web/20110708020044/ American Association for the Advancement of Science. March 31, 2006. Archived from the original ( on July 8, 2011. 35. Elizabeth Sleeman, ed. (2003). The International Who's Who 2004 ( nationalwho2004ond/page/83). Routledge. p. 83 1-85743-217-7. 36. \"Muere el genetista Francisco J. Ayala a los 88 a\u00f1os de edad\" ( -05/muere-el-genetista-francisco-j-ayala-a-los-88-anos-de-edad.html). El Pa\u00eds. March 5, 2023. Retrieved March 6, 2023. 37. Dean, Cornelia (March 10, 2023). \"Francisco Ayala, Biologist and Defender of Evolution, Dies at 88\" ( o-ayala-dead.html). The New York Times. Archived from the original on March 10, 2023. Retrieved March 11, 2023. Francisco J. Ayala ( Archived ( chive.org/web/20110716234720/ July 16, 2011, at the Wayback Machine at the University of California, Irvine Francisco J. Ayala Biography ( Archived ( b.archive.org/web/20170330180522/ March 30, 2017, at the Wayback Machine Retrieved from \" External links 2/16/25, 11:58 Francisco J. Ayala - Wikipedia 7/7"} |
8,871 | Michael Noonan | Canisius College | [
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"8871_102.pdf",
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] | {"8871_101.pdf": "Home / Opinion Lawsuit: Canisius College Ignored \u201cSerial\u201d Sexual Harassment Five women who recently graduated from the institution allege that it failed to protect students from repeated sexual harassment by animal behavior professor Michael Noonan. Jun 8, 2022 | 3 min read Dan Robitzski \u00a9 ISTOCK.COM, DNY59 Register for free to listen to this article Share 2/16/25, 11:59 Lawsuit: Canisius College Ignored \u201cSerial\u201d Sexual Harassment | The Scientist 1/14 Listen with Speechify 0:00 3:00 ive recent graduates of Canisius College, a small Jesuit school in Buffalo, New York, have filed a federal lawsuit against the college\u2019s trustees for how the college responded when they reported a then-professor for \u201cserial\u201d sexual predation, The Buffalo News reports. The lawsuit concerns Michael Noonan, a prominent researcher who chaired the college\u2019s animal behavior, ecology, and conservation program. According to the suit, Noonan has a long story of selecting young women to join him as students and research assistants on research excursions to countries such as Indonesia, Uganda, India, where he exhibited a pattern of inappropriate touching, prying into students\u2019 private lives, and pressuring them to let him conduct invasive medical procedures. For example, the women would often be asked to record footage of animals using audiovisual recording gear that Noonan allegedly insisted on personally fastening to the students\u2019 undergarments while commenting on their bodies, Inside Higher Ed reports. When students suffered indigestion or gastrointestinal problems during these trips, Noonan allegedly pressured them to let him give them enemas and anal suppositories, according to Inside Higher Ed. In one alleged incident during a 2019 trip to India, he lay down on a hospital bed and demonstrated how an enema would work, telling a student that it would be life-threatening if she did not accept his offer. When the student traveled to a hospital instead, Noonan entered the exam room against her wishes, Inside Higher Ed reports. One plaintiff alleges that Noonan told her to stop wearing a bra and made sexual comments about her mother. The lawsuit also says that Noonan repeatedly told the women they \u201cshould be open to dating older men,\u201d according to The Buffalo News. See \u201cSexual Harassment Complaints in Academia Are Up Since 2018\u201d 2/16/25, 11:59 Lawsuit: Canisius College Ignored \u201cSerial\u201d Sexual Harassment | The Scientist 2/14 The lawsuit alleges that Canisius College was aware of issues regarding Noonan\u2019s conduct beginning in 2014, when he was reported to the college\u2019s Title office, according to The Buffalo News. The plaintiffs and six other then-students reported Noonan to Canisius for sexual harassment in 2019, and the lawsuit argues that students and research assistants would have been spared ongoing sexual harassment, retaliation for speaking up, and associated disruptions to their educations had the college acted five years earlier. In 2019, Noonan was quietly removed from campus, Inside Higher Ed reports, but the students were told that he retired\u2014a claim repeated on Noonan\u2019s website. The Buffalo News reports that the college has yet to release the findings of its internal investigation. Noonan\u2014who Insider Higher Ed reports currently volunteers at a high school\u2014has not responded to the publication\u2019s request for comment. Canisius College president John Hurley and then-Title officer Linda Walleshauser responded via a college spokesperson, who tells the outlet that Canisius \u201cis and always has been, committed to fostering a safe, secure campus environment, and to the maintenance of robust policies that promote student safety and security free from discrimination and harassment. At this point, the allegations in the complaint are simply that\u2014 allegations. Canisius College will respond in detail to the allegations of this complaint in due course, but the college denies that it did not respond swiftly and effectively to the conduct reported by the plaintiffs in this lawsuit.\u201d Following their reports and Noonan\u2019s departure, the plaintiffs say they were unable to continue their research projects, were not connected with new mentors or advisors, and were unable to get recommendation letters or career assistance regarding graduation\u2014all of which amounts to retaliatory behavior on the part of the college, according to the lawsuit. Several of the plaintiffs say they have struggled with depression or anxiety due to their experiences with Noonan and the college\u2019s subsequent handling of the situation, and several have sought help through therapy. In addition to declaring that their rights under Title and New York common law were violated, the plaintiffs are seeking damages with interest and attorneys\u2019 fees. The case has been assigned to a judge. 2/16/25, 11:59 Lawsuit: Canisius College Ignored \u201cSerial\u201d Sexual Harassment | The Scientist 3/14 You might also be interested in... Keywords Community, field research, lawsuit, nutshell, Research Ethics, sexual harassment, sexual misconduct, title ix Meet the Author Dan Robitzski Dan is a News Editor at The Scientist. He writes and edits for the news desk and oversees the \u201cThe Literature\u201d and \u201cModus Operandi\u201d sections of the monthly Digest and quarterly print magazine. He has a background in neuroscience and earned his master's in science journalism at New York University. View full profile Share Infographic Decade of Discovery: Publications on Nobel-Worthy Chemistry 2/16/25, 11:59 Lawsuit: Canisius College Ignored \u201cSerial\u201d Sexual Harassment | The Scientist 4/14 Peer-reviewed eBooks feature discoveries by the world\u2019s leading scientists across all disciplines and applications. Share For decades eBooks have spanned the publication gap between patents and journals, featuring timeless innovations and covering cutting-edge research revelations as they arise. This includes the work of numerous Nobel laureates, even before their groundbreaking contributions were recognized by the Royal Swedish Academy of Sciences. First Name* Last Name* Email* Company Name* Country* Please Select Submit The information you provide will be shared with the sponsors of this content. The Scientist or its sponsors may contact you to offer you content or products based on your interest in this topic. You may unsubscribe from these communications at any time. For information on how to unsubscribe, our privacy practices, and commitment to protecting your privacy, check out our Privacy Policy. 2/16/25, 11:59 Lawsuit: Canisius College Ignored \u201cSerial\u201d Sexual Harassment | The Scientist 5/14 You might also be interested in... Home / SciComm Attention to Detail in Scientific Figures Small details\u2014including alignment, layout arrangement, legibility, and visual consistency\u2014are important when designing and creating scientific figures. Sep 4, 2024 | 4 min read Share Nathan Ni, PhD Download this infographic from to learn about Nobel-recognized research that continues to transform scientific and real-world applications. Sponsored by 2/16/25, 11:59 Lawsuit: Canisius College Ignored \u201cSerial\u201d Sexual Harassment | The Scientist 6/14 Figures are powerful tools for communicating scientific information, but their effectiveness can only be maximized if graphic design principles are followed. Panel arrangement, sequencing, sizing, and spacing can all affect figure clarity and impact. As such, scientists should take advantage of what they can potentially do with these aspects, rather than default to identically-sized panels arranged in a grid pattern. Planning Layouts for Scientific Figures When creating a layout, researchers need to keep in mind how they would like information to be organized. Typically, scientific data is clustered thematically, with key findings flanked by supporting evidence. Graphically, this can translate as a large central panel accompanied by smaller panels B, C, and D, and so forth. That said, this may not always be feasible depending on the type of data being presented. Bar and line graphs are generally suitable for large and small panels, but heatmaps and histograms usually need larger sizes for legibility. Researchers will always have to determine what makes the most sense for their own data. The main and supporting panels together should be contained within a recognizable geometric shape\u2014that is, if the supporting panels are stacked vertically, the total height should not exceed the height of the main panel. The same applies for width if stacked horizontally. Wider spacing between panel clusters, combined with narrower spacing within clusters, can help distinguish the intended groupings. Finally, because the English language is read from left to right and top to bottom, figures for English-language manuscripts should also be designed with this read direction in mind. This is particularly important when it comes to panel clusters. If Planning and designing figures correctly maximizes their effectiveness 2/16/25, 11:59 Lawsuit: Canisius College Ignored \u201cSerial\u201d Sexual Harassment | The Scientist 7/14 panels and provide supporting evidence for panel C, they should be located next to each other rather than on different rows on opposite sides of the figure. Fixing Small Discrepancies and Errors Humans are very good at identifying and fixating on things that should not be there. For example, if there is a typo in the text, people will notice. The same principle applies to scientific figures, except here, in addition to typos in text labels, scientists have to contend with potential inconsistencies in a host of elements including font sizes, bar widths/line thicknesses, misaligned axes/borders/panels, and scale discrepancies. In the best case scenario, these discrepancies serve as a distraction for An effective layout strategy depends on how scientists want to organize their information 2/16/25, 11:59 Lawsuit: Canisius College Ignored \u201cSerial\u201d Sexual Harassment | The Scientist 8/14 the reader. In the worst case scenario, they can make the message harder to understand. While the process can feel pedantic, taking the time to ensure consistency, both within and across figures, can be the difference between a manuscript that gets read and one that gets skimmed or ignored. This means making sure that font sizes are uniform throughout the manuscript, that labeling practices remain the same across figures, and that the experimental group assigned the color red in figure 1 is not blue in figure 2. One only gets a single opportunity to make a first impression, so it is best to not have that first impression be \u201cthose panels do not align properly.\u201d Using Text in Figures to Aid Understanding Figures are an opportunity for scientists to present information that would be difficult to process through text. However, that does not mean that text is not an essential part of scientific figures. In addition to labels to define experimental groups, short annotations can highlight important comparisons or findings within larger datasets. Annotations are particularly useful for more comprehensive visualization techniques such as heat maps or scatter plots, or to point out specific areas of interest within photographs. Placing these notes directly within the figures not only removes the need for the reader to switch back and forth between the graphic and the text, it also streamlines the legend. That said, although annotations are largely text-based, researchers should treat them as graphical elements, applying the same standards of positioning, consistency, and legibility to them as they would a graph or image. Take Advantage of a Powerful Tool Like any part of a manuscript, figures exist to convey and clarify a scientific message. Similarly, a sloppy figure can confuse the audience and muddle the story. Polished and professional figures are an excellent vector for drawing audiences into a study, breaking down complex information in a logical and aesthetically pleasing way. Humans may be good at fixating on things that stick out, but that works for 2/16/25, 11:59 Lawsuit: Canisius College Ignored \u201cSerial\u201d Sexual Harassment | The Scientist 9/14 both good and ill. Scientists should take care that their figures stick out for the right reasons. Looking for more information on scientific writing? Check out The Scientist\u2019s SciComm section. Looking for some help putting together a manuscript, a figure, a poster, or anything else? The Scientist\u2019s Scientific Services may have the professional help that you need. Keywords Community, graphic design, manuscripts, Science Communication, science writing, The Scientist University SciComm Meet the Author Nathan Ni, PhD Nathan Ni holds a PhD from Queens University. He is a science editor for The Scientist\u2019s Creative Services Team who strives to better understand and communicate the relationships between health and disease. View full profile Share 2/16/25, 11:59 Lawsuit: Canisius College Ignored \u201cSerial\u201d Sexual Harassment | The Scientist 10/14 February 2025, Issue 1 Nanoparticle Delivery System for Gene Therapy reimagined lipid vehicle for nucleic acids could overcome the limitations of current vectors Research Resources | Podcasts | Webinars | Videos | Infographics | eBooks Enhancing Therapeutic Antibody Discovery with Cross-Platform Workflows 2/16/25, 11:59 Lawsuit: Canisius College Ignored \u201cSerial\u201d Sexual Harassment | The Scientist 11/14 Products | Product News Considerations for Cell-Based Assays in Immuno-Oncology Research From Water Bears to Grizzly Bears: Unusual Animal Models Sex Differences in Neurological Research Scaling Lentiviral Vector Manufacturing for Optimal Productivity Putting Pathogens to the Test with Wastewater Surveillance 2/16/25, 11:59 Lawsuit: Canisius College Ignored \u201cSerial\u201d Sexual Harassment | The Scientist 12/14 Stay Connected with Sign up for the News Alerts newsletter to keep up to date on the latest research news and scientific discoveries. Enter your e-mail Country* Please Select Generating High-Quality mRNA for In Vivo Delivery with lipid nanoparticles Tecan introduces Veya: bringing digital, scalable automation to labs worldwide 2/16/25, 11:59 Lawsuit: Canisius College Ignored \u201cSerial\u201d Sexual Harassment | The Scientist 13/14 \u00a9 1986-2025 RESERVED. 2/16/25, 11:59 Lawsuit: Canisius College Ignored \u201cSerial\u201d Sexual Harassment | The Scientist 14/14", "8871_102.pdf": "March 18, 2023 by mjpospis Sexual Harassment/Hostile Educational Environment Claim Survives Dismissal Against Trustees of Canisius College In a recent case, Boucher et al v. Trustees of Canisius College et al, No. 1:22-cv-00381, 2023 2544625 (W.D.N.Y. March 17, 2023), the court denied defendant\u2019s motion to dismiss plaintiff\u2019s \u201chostile educational environment\u201d sexual harassment claim asserted under Title of the Educational Amendments of 1972, 20 U.S.C. \u00a7 1681. Plaintiffs allege, in sum, that the defendant school is liable under Title due to its \u201cdeliberate indifference\u201d to alleged sexual harassment by non-party Professor Michael Noonan. After summarizing the applicable \u201cblack letter law\u201d, the court applied it to the facts: Pospis Law 2/16/25, 11:59 Sexual Harassment/Hostile Educational Environment Claim Survives Dismissal Against Trustees of Canisius College \u2013 Pospis Law\u2026 1/4 Plaintiffs allege that the College \u201creceived numerous complaints regarding sexual harassment and gender-based discrimination perpetuated by [Professor] Noonan\u201d (Doc. 1 at 2, \u00b6 7) and thus had actual knowledge of the risks posed by Professor Noonan long before a formal Title complaint was lodged. See Posso, 518 F. Supp. 3d at 701-02 (explaining that the court would focus on \u201cthe particularized risk posed by male swimmers\u2013not on the risk to a particular person\u201d when assessing actual knowledge). Those complaints include Professor Waldau\u2019s 2014 reporting of Professor Noonan to the College\u2019s Title office, see Doc. 1 at 39, \u00b6 275; Plaintiff Tuhovak\u2019s 2018 meeting with Ms. Margulis wherein she complained of Professor Noonan\u2019s \u201cverbal and emotional abuse[,]\u201d id. at 35, \u00b6 253; and an unnamed student\u2019s alleged complaints to Professor Hogan. Plaintiffs also allege that Professor Noonan told Plaintiff Wood in January 2019 \u201cthat women students and staff had complained about his conduct in the past to the College, but [the College] never found a \u2018significant violation\u2019 of the rules and nothing ever came of those complaints.\u201d Id. at 50, \u00b6 368. At the time Ms. Margulis and Professor Hogan were allegedly notified of Professor Noonan\u2019s behavior, Ms. Margulis was Chair of the Program and Professor Hogan was Co-Chair of the Biology Department. While Plaintiffs allege that their complaints constituted notice to the College, satisfying the \u201cactual knowledge\u201d requirement, additional facts are necessary to determine whether these representatives of the College were \u201cappropriate\u201d people under Gebser.8 At the pleading stage, the court draws reasonable inferences in Plaintiffs\u2019 favor and assumes that Ms. Margulis and Professor Hogan are \u201cappropriate persons,\u201d as each occupied a supervisory role. See Francis v. Kings Pork Manor, Inc., 992 F.3d 67, 72 (2d Cir. 2021) (\u201cIn assessing the complaint, we \u2018accept all factual allegations as true, and Pospis Law 2/16/25, 11:59 Sexual Harassment/Hostile Educational Environment Claim Survives Dismissal Against Trustees of Canisius College \u2013 Pospis Law\u2026 2/4 Accordingly, the court concluded that since plaintiffs have adequately pled the essential elements of their claim, it denied defendant\u2019s motion to dismiss on failure to plausibly plead deliberate indifference grounds. Share This: (/#facebook) (/#x) (/#linkedin) (/#reddit) (/#email) (/#print) Posted in: Hostile Educational Environment, Pleading, Sexual Harassment Tagged 12(b)(6), Hostile Educational Environment, Sexual Harassment 305 Broadway, 7th Floor New York 10007 (212) 227-2100 mike@pospislaw.com Contact Form Employment Discrimination Sexual Harassment in Employment Attorney Advertising. Prior results do not guarantee or suggest a similar outcome. Viewing, accessing, or using this website draw all reasonable inferences in the plaintiff\u2019s favor.\u2019 \u201d) (quoting Austin v. Town of Farmington, 826 F.3d 622, 625 (2d Cir. 2016)). Accepting Plaintiffs\u2019 allegations as true, Plaintiffs plausibly plead that the College neglected to take corrective action; inadequately investigated their complaints; declined to adjudicate their claims; and, when a formal Title complaint was filed, allowed Professor Noonan to retire mid-investigation without punishment. It also allegedly failed to apprise Plaintiffs of their rights and options and failed to provide sufficient academic supports. Pospis Law 2/16/25, 11:59 Sexual Harassment/Hostile Educational Environment Claim Survives Dismissal Against Trustees of Canisius College \u2013 Pospis Law\u2026 3/4 Hostile Work Environment Personal Injury (including but not limited to the Blog and/or Contact Form) does not create an attorney- client relationship between you and Pospis Law, PLLC. Nothing on this website constitutes legal advice. Disclaimer Statement of Client\u2019s Rights Login Copyright \u00a9 2025 Pospis Law, PLLC. Powered by WordPress and Themelia. Pospis Law 2/16/25, 11:59 Sexual Harassment/Hostile Educational Environment Claim Survives Dismissal Against Trustees of Canisius College \u2013 Pospis Law\u2026 4/4", "8871_103.pdf": "5 former students sue Canisius College after probe of alleged sexual harassment By Matt Zalaznick May 26, 2022 Canisius College faces a federal lawsuit over past claims that a well-known biology professor was alleged to have sexually harassed female students, The Buffalo News reports. The trustees of the college in Buffalo, New York, are being sued by five former students who claim the college retaliated them against after they alleged in 2019 that professor Michael Noonan sexually harassed them on research trips and on campus, according to The Buffalo News. The said the complaints were thoroughly investigated and leaders are confident their response at the time was appropriate, Canisius said in a statement to the newspaper. The college also denied retaliating. More from UB: Princeton fires tenured professor Katz for not being \u2018straightforward\u2019 in investigation Last year, three former student athletes sued the college, a track and field coach and a male athlete claiming that leaders ignored allegations of \u201cdiscrimination, harassment and sexual assault\u201d that occurred in 2016 and 2018, Canisius\u2019 student newspaper, The Griffin, reported. Categories: Uncategorized \ue805304 2/16/25, 11:59 5 former students sue Canisius College after probe of alleged sexual harassment - University Business 1/3 Sponsored Article Planning For Your Campus Master Plan By Gordian February 1, 2025 Data-driven, unbiased decision making is crucial to forming a sustainable master plan. Whether you\u2019re initiating a new master plan or updating an existing one, now is the time to put facilities data at the forefront of this major strategic effort. An objective analysis of facilities performance will be critical to your plan\u2019s success, the bedrock of an intelligent long-term strategy. It gets the planning process off to a strong start. Here are three ways higher ed leaders benefit from leading their master planning efforts with comprehensive facilities data. 1. Improvement of Ownership Capabilities campus facilities portfolio is complex to manage. Older buildings add to the character and the legacy of the institution, and pose significant risks. New buildings are critical for attracting new students and remaining relevant in a competent marketplace, but require significant time and financial investments. Facilities data helps institutional leaders act as more thoughtful facilities owners. It provides the foundation for more informed decision-making that acknowledges current and ongoing campus needs and expenses. By getting a clear picture of where your institution is today, you can channel the innovation and ingenuity typical of the planning process to create the most powerful and financially- responsible impact upon your campus. 2. Give Accurate Direction to the Master Planners Data helps guide institutions to better manage their master planners. Master planning must focus equally on addressing issues inside existing buildings and adding new facilities to be successful. Facilities data helps support this mindset as an intelligent and productive starting place facilities condition assessment provides concrete evidence that certain buildings must be accounted for in the planning process to ensure the institution continues to meet campus needs. Facilities performance benchmarking and analytical insights can provide a contextual understanding of how specific investment decisions align with broader market trends. This data will impact a campus\u2019 competitive edge in an increasingly volatile environment. 3. Empower People Across Campus By engaging people across campus in the review of existing conditions and priorities before beginning the master planning process, campus stewards can better ensure they are speaking to an informed audience who understands the constraints and compromises necessary to create a successful master plan. Additionally, this review can open up the conversation on complex issues so the planning team can focus on resolving problems, rather than finding them. Objective facilities data, presented in a way that\u2019s easy for anyone to understand, provides a basis for these fruitful conversations. Download this free guide to find out more about why facilities data should be the cornerstone of your campus master plan. 2/16/25, 11:59 5 former students sue Canisius College after probe of alleged sexual harassment - University Business 2/3 Leading With Facilities Data Planning firms across the country create master plans that are often exciting, dynamic and inspirational, and that attend to the stated needs of the institution. However, a planning process lacking facilities data that demonstrates how campus properties support the institution\u2019s mission may result in a campus that ages poorly and is unable to carry the institution into the future. The typical master planning process is, unfortunately, susceptible to overlooking existing needs. This oversight is not willful, but the result of using underdeveloped or outdated facilities data and the inherent vulnerability in the transfer of knowledge and insights. Existing financial plans only compound the problem, as they may not provide the capacity to support the campus over time, and risk growing out of sync with the realities of the higher education landscape. This is why it is imperative for campus leaders to begin the master planning process with current facilities data and to consistently refer to that data for the duration of the process commitment to leading with data results in intelligent campus stewardship, the optimization of existing assets and balanced action toward institutional goals. These conditions lead to happy faculty, happy donors and happy students. 2/16/25, 11:59 5 former students sue Canisius College after probe of alleged sexual harassment - University Business 3/3", "8871_104.pdf": "From Casetext: Smarter Legal Research Boucher v. Trs. of Canisius Coll. United States District Court, Western District of New York Mar 17, 2023 1:22-cv-00381 (W.D.N.Y. Mar. 17, 2023) Copy Citation Download Check Treatment Take care of legal research in a matter of minutes with CoCounsel, your new legal assistant. Try CoCounsel free 1:22-cv-00381 03-17-2023 WHELAN, and WOOD, Plaintiffs, v COLLEGE, Defendants. Christina Reiss, District Judge. Sign In Search all cases and statutes... Opinion Case details 2/17/25, 12:00 Boucher v. Trs. of Canisius Coll., 1:22-cv-00381 | Casetext Search + Citator 1/25 (DOC. 5) Christina Reiss, District Judge. Plaintiffs Sierra Boucher, Lily Engebrecht, Natassia Tuhovak, Hannah Whelan, and Cassidy Wood (\u201cPlaintiffs\u201d) bring this action against Defendants Trustees of Canisius College (the \u201cCollege\u201d) alleging causes of action for violations of Title of the Educational Amendments of 1972, 20 U.S.C. \u00a7 1681, for sexual harassment/hostile educational environment (Count I), gender discrimination (Count II), and retaliation (Count III). Plaintiffs also assert breach of contract (Count IV), estoppel and reliance (Count V), and negligent retention and supervision (Count VI). 1 1 Plaintiffs have withdrawn Count V. See Doc. 10 at 27 n. 2. Pending before the court is the College's motion to dismiss for failure to state a claim upon which relief can be granted pursuant to Fed.R.Civ.P. 12(b) (6). (Doc. 5.) On September 1, 2022, Plaintiffs opposed the College's motion to dismiss (Doc. 10), and on September 15, 2022, the College replied (Doc. 12), at which time the court took the pending motion under advisement. On November 1, 2022, the court issued a text order denying in part without prejudice the College's motion for summary judgment, finding that motion inappropriate *2 at this stage while a motion to dismiss is pending and without the benefit of discovery. See Doc. 14. 2 Plaintiffs are represented by Daniela Elizabeth Nanau, Esq. The College is represented by Thomas S. D'Antonio, Esq. and Christine Marie Naassana, Esq. I. Allegations in the Complaint. The College is a private institution that provides both undergraduate and graduate degree programs with approximately 4,000 enrolled students at any given time. Plaintiffs are students who attended the College between approximately 2016 and 2020. 2/17/25, 12:00 Boucher v. Trs. of Canisius Coll., 1:22-cv-00381 | Casetext Search + Citator 2/25 Plaintiffs allege that they \u201cspecifically attended [the] College to obtain a degree from the\u201d school's Animal Behavior, Ecology and Conservation Program Program\u201d), which \u201cis one of the country's first interdisciplinary courses of study combining the behavioral biology of animalsf] with issues relating to animal welfare[] and wildlife conservation, with a focus on experiential learning[.]\u201d (Doc. 1 at 6, \u00b6 27.) Non-party Michael Noonan (\u201cProfessor Noonan\u201d), a tenured professor, worked at the College for forty years, founded the Program, and chaired the Program for at least part of those forty years. Professor Noonan was known as a \u201cspecialist in animal behavior and conservation\u201d who \u201cattracted] significant grant and donor money to the school[.]\u201d Id., at 8, \u00b6 42. He also served, at times, as the Director of Canisius Ambassadors for Conservation (\u201cCAC\u201d), which provided students with the opportunity to visit \u201cdistant locations to study wildlife and conservation issues[] first- hand[.]\u201d Id. at \u00b6 46. On trips, students recorded video footage for short films. Alleging that Professor Noonan \u201cused trips to spend unmonitored time away from the College with targeted students,\u201d id. at 9, \u00b6 49, Plaintiffs claim he was a \u201cserial sexual predator\u201d and the College \u201cdemonstrated deliberate indifference to numerous complaintsf] raised by or on behalf of many women students and others[] regarding the discriminatory mistreatment they were subjected to by\u201d Professor Noonan. Id. at 1, \u00b6 1. Plaintiffs further assert that Professor Noonan used his positions as Chair of the Program and Director of \u201cto condition mentorship and departmental support on a student's submission to his constant sexually suggestive behavior that regularly crossed *3 the line of acceptable conduct[.]\u201d Id. at \u00b6 2. In addition to \u201csexually suggestive discourse\u201d wherein he insisted \u201con engaging in 4girl talk' about his own dating history [,]\u201d Professor Noonan allegedly requested hugs from students, engaged in \u201cconstant inappropriate touching of student[s'] hair and clothing, including their bra straps and underwear[,]\u201d inquired \u201cabout the sex lives of his students[,]\u201d and made \u201cnumerous suggestions,\u201d including to each Plaintiff, \u201cthat young women should be open to dating older men[.]\u201d (Doc. 1 at 2, \u00b6 3.) Plaintiffs allege that Professor Noonan told female students what they could and could not wear 3 2/17/25, 12:00 Boucher v. Trs. of Canisius Coll., 1:22-cv-00381 | Casetext Search + Citator 3/25 and dictated how students styled their hair before filming events. Id. at 24, \u00b6 161, 42, \u00b6 305. The College allegedly knew of Professor Noonan's behavior as early as 2014 because it \u201creceived numerous complaints regarding sexual harassment and gender-based discrimination perpetuated by\u201d him. Id. at 2, \u00b6 7. Plaintiffs assert that the College \u201cfailed to adjudicate those complaints pursuant to\u201d its policies. Id. For example, in 2018, Plaintiff Tuhovak raised complaints about Professor Noonan's behavior to Susan Margulis, the Program Chair, which \u201cwent unremedied.\u201d Id. at 3, \u00b6 12. After complaining, Plaintiff Tuhovak \u201clearned that Paul Waldau, the former Director of the [College's] graduate program in anthrozoology, reported [Professor] Noonan to [the College's] Title office in 2014 on behalf of a woman student in the graduate department.\u201d Id. at 39, \u00b6 275. 2 2 In this meeting, Plaintiff Tuhovak allegedly complained about Professor Noonan's verbal and emotional abuse. In response, Ms. Margulis stated, \u201cWe all know he's difficult to work with. That's just the way he is!\u201d (Doc. 1 at 36, \u00b6 255.) During a January 2019 trip, Professor Noonan told Plaintiff Wood \u201cthat women students and staff had complained about his conduct in the past to the College, but [the College] never found a \u2018significant violation' of the rules and nothing ever came of those complaints.\u201d Id. at 50, \u00b6 368. In a support group for science and math scholarship students, Professor Andrew Stewart \u201croutinely remarkfed] on how \u2018mean' he found [Professor] Noonan and how he had observed [Professor] Noonan be an \u2018asshole' to other faculty.\u201d (Doc. 1 at 17, \u00b6 106.) Many of the students in the support group agreed with *4 Professor Stewart, \u201cclaiming that [Professor] Noonan treated them poorly[] and only focused his attention on a few, select students.\u201d Id. at \u00b6 107. From these comments, Plaintiff Boucher understood \u201cthat [the College] knew about [Professor] Noonan's inappropriate conduct\u201d and condoned such misbehavior because it allowed him to continue to teach at the College. Id. at \u00b6 108. 4 Professor Elizabeth Hogan, who was Co-Chair of the Biology Department at the time, \u201clearned from another Canisius professor that [Professor] Noonan had subjected one of the women on his research team to sexual misconduct 2/17/25, 12:00 Boucher v. Trs. of Canisius Coll., 1:22-cv-00381 | Casetext Search + Citator 4/25 and that the student wanted to file a Title complaint against [Professor] Noonan.\u201d Id. at 3, \u00b6 11. Professor Hogan allegedly interviewed that unnamed student, who led her to Plaintiff Tuhovak, who, in turn, requested guidance from Professor Hogan regarding how to file a Title complaint, In January 2019, Professor Hogan referred the matter to the College's Title officer, Linda Walleshauser. Plaintiff Tuhovak \u201cknew that other women had been subjected to the same sexual misconduct she suffered and urged them to come forward to complain about [Professor] Noonan.\u201d Id. at \u00b6 15. In January 2019, Professor Noonan and his students planned \u201cto collect information and video footage for Project Tiger, a film intended to be about India's efforts to protect tigers and their national habitat in the country[.]\u201d Id. at 9, \u00b6 51 (\u201cProject Tiger\u201d). In late January or early February 2019, after completion of the trip, Plaintiffs \u201cattended meetings with the other students who had previously attended trips and/or studied under [Professor] Noonan, including [Plaintiff] Tuhovak. During those meetings, Plaintiffs and their Program colleagues began to realize that [Professor] Noonan subjected all of them to the same kinds of sexual harassment and manipulative, abusive conduct,\u201d (Doc. 1 at 10-11, \u00b6 57.) Plaintiffs joined several other female students in presenting a document to the College's Title office which \u201cprovid[ed] specific detail about [Professor] Noonan's sexual harassment and gender-based misconduct[.]\u201d Id. at 3, \u00b6 16; see also id. at 11, \u00b6 58 (alleging that Plaintiffs and five other students reported Professor Noonan's behavior to the College's administration, including the Title officer, \u201cduring January and February 2019\u201d). Ms. Walleshauser told the students that she *5 would investigate their allegations \u201cand assured Plaintiffs and the other women present that their voices would be heard during the process [] and that they would be protected from retaliation and given support by [the College.]\u201d Id. at 4, \u00b6 17. 5 Plaintiffs allege that they \u201cwork[ed] for and stud[ied] under [Professor] Noonan for four,, . weeks after they came forward with their Title complaints about him, all the time unaware as to whether [Professor] Noonan had been notified of their claims[] and fearing he would lash out at them once he did find out.\u201d Id. at \u00b6 19. At the end of February 2019, the College \u201cremoved [Professor] Noonan from campus and relieved him of all teaching duties, prohibiting him from contacting anyone at [the College] 2/17/25, 12:00 Boucher v. Trs. of Canisius Coll., 1:22-cv-00381 | Casetext Search + Citator 5/25 until the completion of the alleged Title investigation.\u201d Id. at \u00b6 20. Despite removing him from campus, Plaintiffs allege the College \u201cmade no immediate effort to obtain the footage in [Professor] Noonan's possession for Project Tiger.\u201d (Doc. 1 at 12, \u00b6 68.) As a result, the students who had worked on Project Tiger, including the majority of Plaintiffs, were unable to complete the project as originally conceived and instead produced a series of podcasts about their experiences in India. On April 26, 2019, Plaintiffs and the other women who had filed Title complaints met with Ms. Walleshauser \u201cto complain about the lack of information regarding the College's alleged investigation of [Professor] Noonan.\u201d Id. at 4, \u00b6 21. Ms. Walleshauser promised the students that they would be part of the process once her investigation was completed. She advised \u201cthat Plaintiffs and the other complainants would be permitted to review and comment on her investigative report to the College,\u201d but \u201crefused to provide any specific overview of the College's Title process, which Plaintiffs and the other women complainants repeatedly asked for.\u201d Id. at 4-5, \u00b6 22; see also id. at 11, \u00b6 61 (alleging that Ms. Walleshauser \u201cnever directed [Plaintiffs] to review the Sexual Harassment and Gender-Based Misconduct Policy\u201d). Plaintiffs allege the College never issued such a report, nor did it share with Plaintiffs \u201cany other information about [its] alleged Title investigative process regarding [Professor] Noonan.\u201d Id. at 5, \u00b623. *6 6 On June 11, 2019, some Plaintiffs received an email from Ms. Walleshauser notifying them that Professor Noonan had retired from the College effective June 1, 2019. No additional information regarding the outcome of the investigation of his alleged misconduct was provided. After Plaintiffs complained about Professor Noonan's behavior, the College allegedly retaliated against them by undermining their efforts to obtain footage from Project Tiger, neglecting to provide them with instructors to support the completion of the Project Tiger film in a timely manner, and failing to provide them with mentors and advisors to replace Professor Noonan, \u201cthereby depriving them of recommendation letters and information regarding graduation requirements[] and[] failing to provide [Professor] Noonan's research students with viable ways to continue their 2/17/25, 12:00 Boucher v. Trs. of Canisius Coll., 1:22-cv-00381 | Casetext Search + Citator 6/25 research projects after [Professor] Noonan was removed from campus.\u201d Id. at 6, \u00b6 29. As a result of the alleged acts and omissions of the College, Plaintiffs allege they have suffered harm to their mental health and their future educational and professional prospects and endeavors. II. Conclusions of Law and Analysis. A. Standard of Review. To survive a motion to dismiss filed pursuant to Fed.R.Civ.P. 12(b)(6), \u201ca complaint must contain sufficient factual matter, accepted as true, to \u2018state a claim to relief that is plausible on its face.'\u201d Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007 claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.\u201d Iqbal, 556 U.S. at 678. The sufficiency of a plaintiffs complaint under Rule 12(b)(6) is evaluated using a \u201ctwo-pronged approach[.]\u201d Hayden v. Paterson, 594 F.3d 150, 161 (2d Cir. 2010) (internal quotation marks omitted) (quoting Iqbal, 556 U.S. at 679). First, the court discounts legal conclusions and \u201c[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements[.]\u201d Iqbal, 556 U.S. at 678. The court is also \u201c\u2018not bound to accept as true a legal conclusion couched as a factual allegation[,]'\u201d Id. *7 (citation omitted), Second, the court considers whether the factual allegations, taken as true, \u201cplausibly give rise to an entitlement to relief.\u201d Id. at 679, This second step is factbound and context-specific, requiring the court \u201cto draw on its judicial experience and common sense.\u201d Id. The court does not \u201cweigh the evidence\u201d or \u201cevaluate the likelihood\u201d that a plaintiffs claims will prevail, Christiansen v. Omnicom Grp., Inc., 852 F.3d 195, 201 (2d Cir. 2017). 7 The Second Circuit has \u201ccautioned district courts against imposing too high a burden on plaintiffs alleging discrimination at the 12(b)(6) stage.\u201d Doe v. Columbia Univ., 831 F.3d 46, 55 n.8 (2d Cir. 2016); see also Littlejohn v. City of New York, 795 F.3d 297, 311 (2d Cir. 2015) (\u201cThe discrimination complaint. . . must be viewed in light of the plaintiffs minimal burden to show 2/17/25, 12:00 Boucher v. Trs. of Canisius Coll., 1:22-cv-00381 | Casetext Search + Citator 7/25 discriminatory intent.\u201d); Dawson v. New York City Transit Auth., 624 Fed.Appx. 763, 770 (2d Cir. 2015) (\u201cAt the pleading stage, district courts would do well to remember this exceedingly low burden that discrimination plaintiffs face even after they have survived a motion to dismiss.\u201d). B. Whether Plaintiffs' Title Claims are Time-Barred. The College asserts that all of Plaintiffs' Title claims are time-barred because the Complaint was not filed within three years of Professor Noonan's alleged misconduct and the College's alleged deliberate indifference. \u201c[T]he statute of limitations is ordinarily an affirmative defense that must be raised in an answer,\u201d but \u201ca statute of limitations defense may be decided on a Rule 12(b)(6) motion if the defense appears on the face of the complaint.\u201d Thea v. Kleinhandler, 807 F,3d 492, 501 (2d Cir. 2015) (quoting Ellul v. Congregation of Christian Bros., 774 F.3d 791, 798 n. 12 (2d Cir. 2014)) *8 (internal quotation marks omitted); see also Allen v. Dairy Farmers of Am., Inc., 748 F.Supp.2d 323, 354 (D. Vt. 2010 statute of limitations analysis is generally riddled with questions of fact, which the Defendants must establish in order to bar Plaintiffs' claims\u201d and thus \u201care generally not resolved with a motion to dismiss under Rule 12(b)(6).\u201d) (footnote omitted). 3 8 3 Plaintiffs characterize Count (sexual harassment/hostile school environment) as offering two theories of liability. See Doc. 10 at 15 (explaining that \u201c(t]he allegations in Plaintiffs' Complaint support., . \u2018pre- assault' sexual harassment/hostile school environment\u201d and \u201c\u2018post-assault' sexual harassment/hostile school environment\u201d theories of liability). \u201c[A] pre-assault claim alleges that the school maintained a policy of deliberate indifference to sexual harassment that created a heightened risk of it and, ultimately, led to a plaintiffs particular harassment[.]\u201d Karasek v. Regents of Univ, of Cal., 500 F.Supp.3d 967, 970 (N.D. Cal. 2020 post-assault claim, in turn, \u201calleges that a school's response to a complaint of sexual misconduct violated Title IX[.]\u201d Id. Plaintiffs' Complaint does not mention either theory of liability. Because Title does not include an express statute of limitations and the four-year federal statute of limitations does not apply, courts apply \u201cthe most appropriate or analogous state statute of limitations.\u201d Purcell v. N.Y. 4 2/17/25, 12:00 Boucher v. Trs. of Canisius Coll., 1:22-cv-00381 | Casetext Search + Citator 8/25 Inst, of Tech.-Coll, of Osteopathic Med., 931 F.3d 59, 62-63 (2d Cir. 2019) (quoting Curto v. Edmundson, 392 F.3d 502, 504 (2d Cir. 2004) (per curiam)); see also Graham Cnty. Soil & Water Conservation Dist. v. U.S. ex rel. Wilson, 545 U.S. 409, 414 (2005) (\u201cTo determine the applicable statute of limitations for a cause of action created by a federal statute, we first ask whether the statute expressly supplies a limitations period. If it does not, we generally \u2018borrow' the most closely analogous state limitations period.\u201d). 4 See Purcell v. N.Y. Inst, of Tech.-Coll, of Osteopathic Med., 931 F.3d 59, 62 & n.10 (2d Cir. 2019) (\u201c[A] cause of action aris[es] under an Act of Congress enacted after December 1, 1990- and therefore is governed by \u00a7 1658's 4-year statute of limitations-if the plaintiffs claim against the defendant was made possible by a post-1990 enactment. . .. Title [was] enacted prior to December 1, 1990.\u201d) (internal citations and quotation marks omitted). The Second Circuit has held that \u201cpersonal injury actions are the \u2018most closely analogous' to Title claims, and thus applie[s] New York's three- year statute of limitations to Title claims.\u201d Purcell, 931 F.3d at 63 (quoting Curto, 392 F,3d at 504). \u201cIn a federal question case . . . when a federal court determines the limitations period by applying an analogous state statute of limitations, the court. . . looks to federal common law to determine the time at which the plaintiffs federal claim accrues.\u201d Guilbert v. Gardner, 480 F.3d 140, 149 (2d Cir. 2007 claim typically accrues \u201cwhen it comes into existence[,]\u201d i.e., \u201cwhen the plaintiff has a complete and present cause of action,\u201d' Gabelli v. S.E.C., 568 U.S. 442, 448 (2013) (internal citations and quotation marks omitted). However, under the *9 discovery rule, a cause of action accrues when, \u2018\u201cwith reasonable diligence,' the plaintiff \u2018has or ., . should have discovered the critical facts of both his injury and its cause.'\u201d A.Q.C. ex rel. Castillo v. United States, 656 F.3d 135, 140 (2d Cir. 2011) (quoting Barrett v. United States, 689 F.2d 324, 327 (2d Cir. 1982)); see also Rotella v. Wood, 528 U.S. 549, 555 (2000) (\u201c[I]n applying [the] discovery accrual rule,,, . discovery of the injury, not discovery of the other elements of a claim, is what starts the clock.\u201d); Karasekv. Regents of Univ, of Cal., 500 F.Supp.3d 967, 979 (N.D. Cal. 2020) (explaining that the discovery rule requires that a Title plaintiff \u201cbe put on notice not just of the concrete injury but of its \u2018cause[,]'\u201d meaning the policy of deliberate indifference). 9 2/17/25, 12:00 Boucher v. Trs. of Canisius Coll., 1:22-cv-00381 | Casetext Search + Citator 9/25 \u201c[N]either the Supreme Court nor the Second Circuit has explicitly held that the discovery rule should apply to accrual of [Title IX] claims.\u201d Doe v. Nat'l Ramah Comm'n, Inc., 2018 4284324, at *5 (S.D.N.Y. Sept. 7, 2018). In Snyder-Hill v. Ohio State University, the Sixth Circuit reasoned that the discovery rule applies in the Title context because it applies in the \u00a7 1983 context, and \u201c[t]he analysis concerning when the statute of limitations [for a Title claim] [begins] to run is the same as [for a \u00a7 1983 claim.]\u201d 48 F.4th 686, 698 (6th Cir. 2022) (internal citations and quotation marks omitted) (third alteration added). In King-White v. Humble Independent School District, the Fifth Circuit likewise \u201c[held] that Title should be treated like \u00a7 1983 for limitations purposes.\u201d 803 F.3d 754, 759 (5th Cir. 2015). District courts in the Second Circuit have similarly applied the discovery rule to Title cases. See, e.g., Austin v. Fordham Univ., 2022 4626485, at *4 (S.D.N.Y. Sept. 30, 2022) (\u201cThough the Second Circuit has not definitively resolved the issue, the [c]ourt assumes that the . . . [discovery accrual rule] applies to this Title action.\u201d). The weight of authority thus supports applying the discovery rule in the context of Plaintiffs' claims. In JD1 v. Canisius College, this court held that \u201ca plaintiffs Title pre-assault claim accrues when the plaintiff knows or has reason to know of the school's policy of deliberate indifference that created a heightened risk of harassment.\u201d 2022 2308902, at *12 (W.D.N.Y. June 27, 2022) (quoting Karasek, 500 F.Supp.3d at 978) (internal quotation marks omitted). The Fifth Circuit has suggested that post-assault Title *10 claims accrue when a plaintiffs complaints to the school's administration \u201cgo[] unheededf.]\u201d King-White, 803 F.3d at 763. Gender discrimination claims \u201caccrue when the discriminatory act takes place and the plaintiff has reason to know of it[,]\u201d Brown v. Castleton State Coll., 663 F.Supp.2d 392, 397 (D. Vt. 2009), and retaliation claims accrue when the plaintiff \u201cdiscovered or could have discovered that [the school's] administrators were taking adverse action against [the plaintiff] based on protected activity.\u201d Austin, 2022 4626485, at *5. 10 5 5 For this reason, several courts have explained that \u201cpre-assault.. . claim[s] may not accrue until well after [] post-assault Title claim[s].\u201d Snyder-Hill v. Ohio Slate Univ., 48 F.4th 686, 704 (6th Cir, 2022); see also Doe v. Bd. of Supervisors of Univ, of La. Sys., 2023 143171, at *16 (M,D, La. Jan. 10, 2023) 2/17/25, 12:00 Boucher v. Trs. of Canisius Coll., 1:22-cv-00381 | Casetext Search + Citator 10/25 (\u201cIn cases .. . alleging pre-and post-assault Title claims[,] courts often find that the post-assault claim accrued before the pre-assault claim.\u201d). While a plaintiff \u201cwill typically know or have reason to know that a school mishandles their own report of an assault close to the time of the school's inadequate response[,]. . . that same plaintiff may have no reason to know of a school's deliberate indifference that gave rise to their heightened-risk claim.\u201d Snyder-Hill, 48 F.4th at 704. The College argues that all of Plaintiffs' Title \u201cclaims accrued, at the latest, in February 2019\u201d when Plaintiffs reported Professor Noonan's behavior to the Title officer and when the College suspended Professor Noonan and banned him from its campus. (Doc. 5-6 at 11.) It therefore claims that Plaintiffs' Complaint was required to be filed by February 2022 to be timely. Because Plaintiffs did not initiate this suit until May 20, 2022, the College requests dismissal of this action. 1. Sexual Harassinent/Hostile Educational Environment Claims (Count 1). Plaintiffs counter that their \u201cpre-assault claims are based on [the] College's condonation of ongoing sexual harassment of women students who studied under [Professor] Noonan in the and Programs, which constitutes a policy of deliberate indifference to reports of [Professor] Noonan's sexual misconduct[.]\u201d (Doc. 10 at 15.) They argue that such claims accrued on June 11, 2019, which is the date \u201cthey were informed by e-mail that [Professor] Noonan ha[d] been permitted to retire.\u201d Id. at 19. Prior to receipt of that email, Plaintiffs allegedly \u201cwere not on notice that [the] *11 College had a policy of deliberate indifference to complaints about [Professor] Noonan's sexual misconduct.\u201d Id. Plaintiffs state that their post- assault claims accrued on the same date, at which point they were put \u201con notice\u201d that the College would not respond to their complaints about Professor Noonan. Id. at 21. 11 At the pleading stage, Plaintiffs plausibly allege that they did not discover the College's deliberate indifference to reports of Professor Noonan's misconduct until June 11, 2019, when Ms. Walleshauser allegedly informed Plaintiffs that the College had discontinued its investigation due to Professor Noonan's retirement. Similarly, Plaintiffs plausibly allege that 2/17/25, 12:00 Boucher v. Trs. of Canisius Coll., 1:22-cv-00381 | Casetext Search + Citator 11/25 they did not have reason to know that their complaints to the College had \u201cgone unheeded\u201d or had otherwise been mishandled until that same date. Plaintiffs thus plausibly allege that their post-assault sexual harassment/hostile educational environment claims did not accrue until June 11, 2019. The College's motion to dismiss their sexual harassment/hostile educational environment claims on statute of limitations grounds is therefore DENIED. 6 6 Plaintiff Tuhovak may not be similarly situated to the other Plaintiffs, She first complained of Professor Noonan's behavior in 2018 and alleges that those complaints \u201cwent unremedied.\u201d (Doc. 1 at 3, \u00b6 12.) She may thus have become aware of the College's policy of deliberate indifference, at least with respect to any post-assault claims, at an earlier date than the other Plaintiffs. See Snyder-Hill, 48 F.4th at 704 plaintiff will typically know or have reason to know that a school mishandles their own report of an assault close to the time of the school's inadequate response.\u201d). On the other hand, her complaints in 2018 focused on verbal and emotional abuse, not sexual harassment. See Harris v. City of New York, 186 F.3d 243, 250 (2d Cir, 1999) (\u201c[Dismissal [on timeliness grounds] is appropriate only if a complaint clearly shows the claim is out of time determination must thus await a factual record. Plaintiffs' continuing violation theory of accrual must also be analyzed in the context of a factual record. See Walker v. Accenture PLC, 511 F, Supp. 3d 169, 192 (D. Conn. 2020) (\u201cWhether the alleged events . . . constitute a continuing pattern of discrimination triggering the continuing violation doctrine or, instead, are discrete events is a question better addressed on a summary judgment motion after discovery.\u201d). 2. Gender Discrimination Claims (Count II). Plaintiffs' gender discrimination claims, however, warrant different treatment. Plaintiffs allege that they reported Professor Noonan's gender-based misconduct in February 2019 and thus were aware of his discriminatory acts more than three years *12 before they filed their Complaint. Plaintiffs do not plausibly allege a continuing violation. Although in their Complaint Plaintiffs allege that they \u201care entitled to the application of the continuing violation doctrine\u201d (Doc. 1 at 57, \u00b6 415) with respect to Count II, they do not allege an instance of gender discrimination that took place within the 12 2/17/25, 12:00 Boucher v. Trs. of Canisius Coll., 1:22-cv-00381 | Casetext Search + Citator 12/25 limitations period. To the contrary, once Professor Noonan was barred from the College's campus, they allege no further contact with him. \u201c[U]nder the continuing violation doctrine, a plaintiff may bring claims for discriminatory acts that would have been barred by the statute of limitations as long as an act contributing to that [discrimination] took place within the statutory time period.\u201d Purcell, 931 F.3d at 65 (quoting Papelino v. Albany Coll, of Pharmacy of Union Univ., 633 F.3d 81, 91 (2d Cir. 2011)) (alteration in original); see also Patterson v. Cnty. of Oneida, N.Y., 375 F.3d 206, 220 (2d Cir. 2004) (\u201cTo bring a claim within the continuing violation exception, a plaintiff must at the very least allege that one act of discrimination in furtherance of the ongoing policy occurred within the limitations period.\u201d). Plaintiffs fail to identify an instance of gender discrimination within the statutory period. Their claims set forth in Count are thus time-barred and must be DISMISSED. 3. Retaliation Claims (Count III). Plaintiffs assert that their retaliation claims are timely because \u201cthey allege that [the College's] retaliation began during the Spring of 2019 and continued to the time four of them graduated the following year, in 2020.\u201d (Doc. 10 at 27.) In their Complaint, they allege a series of retaliatory acts and omissions by the College that took place throughout the Spring 2019 semester and into the summer. These include failing to provide Project Tiger footage until the summer of 2019; declining to fully apprise Plaintiffs of the College's Title investigatory and adjudicative process; depriving Plaintiffs of supportive measures in contravention of the College's Sexual Harassment and GenderBased Misconduct Policy; failing to notify Plaintiffs of their rights; and neglecting to provide Plaintiffs with new advisors and other academic supports, resulting in their inability to obtain letters of recommendation for graduate school and other professional endeavors. As each of the alleged acts of retaliation postdate Professor Noonan's removal *13 from the College's campus, they are not untimely based on the four corners of the Complaint. See Conn. Gen, Life Ins. Co. v. BioHealth Labs., Inc., 988 F.3d 127, 131-32 (2d Cir. 2021) (\u201cAlthough the statute of limitations is ordinarily an affirmative defense that must be raised in the answer, a statute of limitations defense may be decided on a Rule 12(b)(6) motion if the 13 2/17/25, 12:00 Boucher v. Trs. of Canisius Coll., 1:22-cv-00381 | Casetext Search + Citator 13/25 defense appears on the face of the complaint.\u201d) (quoting Thea, 807 F.3d at 501) (internal quotation marks omitted); Simmons v. Reich, 2021 5023354, at * 1 (2d Cir. Oct. 29, 2021 defendant may raise the affirmative defense that a claim is time-barred in a motion to dismiss if that defense is apparent from the face of the complaint.\u201d); see also Harris v. City of New York, 186 F.3d 243, 250 (2d Cir. 1999) (denying motion to dismiss on timeliness grounds when complaint showed it was possible for the plaintiff to demonstrate that \u201csome discriminatory act... occur[red] within the statute of limitations\u201d). The College's motion to dismiss Plaintiffs' retaliation claims on statute of limitations grounds is therefore DENIED. C. Whether Plaintiffs Have Plausibly Pled Title Discrimination. The College asserts that all of Plaintiffs' Title claims are inadequately pled under Fed. R, Civ. P. 12(b)(6) because each fails to plausibly plead one or more essential elements of those claims. Under Title IX, \u201c[n]o person in the United States shall, on the basis of sex, be .. . subjected to discrimination under any education program or activity receiving Federal financial assistance[.]\u201d 20 U.S.C. \u00a7 1681(a). Title applies to all public and private educational institutions that receive federal funding, including the College. See Posso v. Niagara Univ., 518 F.Supp.3d 688, 696 (W.D.N.Y. 2021) (citing Roskin-Frazee v. Columbia Univ., 2018 6523721, at *4 (S.D.N.Y. Nov. 26, 2018)). Federal courts have long recognized a private right of action under Title IX, see Fitzgerald v. Barnstable Sch. Comm., 555 U.S. 246, 255 (2009) (\u201c[T]his Court has recognized an implied private right of action\u201d under Title IX); Hayut v. State Univ, of N.Y, 352 F.3d 733, 749-50 (2d Cir. 2003) (\u201cThe Supreme Court has recognized an implied private right of action under Title IX[.]\u201d), and interpret the statute \u201cby looking to . . . caselaw interpreting Title VII.\u201d Yusuf v. Vassar Coll., 35 F.3d 709, 714 (2d Cir. 1994). *14 14 1. Whether Plaintiffs Plausibly Plead a Sexual Harassinent/Hostile Educational Environment Claim Under Title (Count I). Plaintiffs claim that the College's deliberate indifference to Professor Noonan's sexual harassment resulted in a hostile educational environment violation of Title that was so severe, pervasive, and offensive that it 2/17/25, 12:00 Boucher v. Trs. of Canisius Coll., 1:22-cv-00381 | Casetext Search + Citator 14/25 interfered with their educational opportunities. The College seeks dismissal of this claim, arguing that it promptly responded to Plaintiffs' complaints, relying predominantly on information beyond the four corners of the Complaint.7 7 The College's reliance on this information was proper for its motion for summary judgment under Rule 56 but cannot be credited for its motion to dismiss under Rule 12(b)(6). See Brass v. Am. Film Techs., Inc., 987 F.2d 142, 150 (2d Cir. 1993) (\u201cWhen determining the sufficiency of plaintiffs' claim for Rule 12(b)(6) purposes, consideration is limited to the factual allegations in plaintiffs' [] complaint, which are accepted as true, to documents attached to the complaint as an exhibit or incorporated in it by reference, to matters of which judicial notice may be taken, or to documents either in plaintiffs' possession or of which plaintiffs had knowledge and relied on in bringing suit.\u201d); see also Khaytin v. Stern & Stern, Esqs., 2013 5520000, at *5 (E.D.N.Y. Sept. 30, 2013) (\u201cAlthough Defendant's arguments are substantiated with evidence, most of this evidence cannot be considered upon a motion to dismiss.. . . While this [c]ourt could consider this evidence by converting Defendant's proposed motion into a motion for summary judgment,... it would be inappropriate to do so at this juncture since it is unclear whether Plaintiff has yet had a sufficient opportunity to conduct the discovery necessary to controvert Defendant's evidence.\u201d). \u201c[S]exual harassment is a form of discrimination\u201d prohibited by Title IX. Davis Next Friend LaShonda D. v. Monroe Cnty. Bd, of Educ., 526 U.S. 629, 649- 50 (1999). \u201cTo allege a Title claim arising from harassment, a plaintiff must plausibly allege\u201d (1) \u201ca federally funded recipient is\u201d (2) \u201cdeliberately indifferent to sexual harassment,\u201d (3) \u201cof which they have actual knowledge,\u201d (4) \u201cthat is so severe, pervasive and objectively offensive that it can be said to deprive the plaintiff of access to the educational opportunities or benefits provided by the school.\u201d Doe v. Sarah Lawrence Coll., 453 F.Supp.3d 653, 665 (S.D.N.Y, 2020) (quoting Davis, 526 U.S. 629 at 650), Because a hostile educational environment claim is \u201cgoverned by traditional Title \u2018hostile environment' jurisprudence[,]\u201d Papelino, 633 F.3d at 89 (quoting Hayut, 352 F.3d at 744), a claimant must also plead that (1) \u201c[she] subjectively perceived the *15 environment to be hostile or abusive\u201d and (2) \u201cthe environment objectively was hostile or abusive, that is, that it was permeated with discriminatory intimidation, ridicule, and insult sufficiently 15 2/17/25, 12:00 Boucher v. Trs. of Canisius Coll., 1:22-cv-00381 | Casetext Search + Citator 15/25 severe or pervasive to alter the conditions of [her] educational environment.\u201d Id. Each Plaintiff asserts that, as a result of Professor Noonan's harassment, she is currently in mental health therapy for various conditions including depression, anxiety, and post-traumatic stress disorder. Plaintiffs Engebrecht, Whelan, and Wood further allege that they have postponed graduate school or changed their career plans as a result of Professor Noonan's sexual harassment and the College's inaction. An educational institution has \u201cactual knowledge\u201d of sexual harassment when \u201ca school official with authority to address the alleged discrimination had actual knowledge, as opposed to mere constructive knowledge, of the discrimination.\u201d Carabello v. New York City Dep't of Educ., 928 F.Supp.2d 627, 638 (E.D.N.Y. 2013). \u201c[I]t would \u2018frustrate the purposes' of Title to permit a damages recovery against a school district for a teacher's sexual harassment of a student based on principles of respondeat superior or constructive notice, i.e., without actual notice to a school district official.\u201d Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274, 285 (1998). In addition, actual knowledge is present only if the complaint is made to an \u201cappropriate person.\u201d See id. at 290 (\u201c[T]he express remedial scheme under Title is predicated upon notice to an \u2018appropriate person' and an opportunity to rectify any violation[.]\u201d) (citing 20 U.S.C. \u00a7 1682). In teacher-on-student harassment cases, courts have held that those with authority to investigate misconduct constitute \u201cappropriate\u201d people. See, e.g., Warren ex rel. Good v. ReadingSch. Dist., 278 F.3d 163, 173 (3d Cir. 2002) (holding that school principal was an \u201cappropriate person\u201d due to her \u201cauthority to . . . investigate a complaint of misconduct\u201d despite her lack of authority to terminate or suspend a teacher); Williams v. Bd. of Regents of Univ. Sys. of Ga., 477 F,3d 1282, 1294-95 (11th Cir. 2007) (holding that plaintiff adequately alleged university's president and athletic director were appropriate persons because both \u201chad authority to take corrective measures\u201d for the school). The actual knowledge standard \u201cdoes not set the bar so high that a school district *16 is not put on notice until it receives a clearly credible report of sexual abuse from the plaintiff-student,\u201d Escue v Coll., 450 F.3d 1146, 1154 (10th Cir, 2006) (internal quotation marks omitted) (quoting Doe v. Sch. Admin. Dist. No. 19, 66 F.Supp.2d 57, 62 (D. Me. 1999)); accord Posso, 518 F.Supp.3d at 701; see also Baynardv. Malone, 268 F,3d 228, 238 n.9 (4th Cir. 16 2/17/25, 12:00 Boucher v. Trs. of Canisius Coll., 1:22-cv-00381 | Casetext Search + Citator 16/25 2001) (\u201cWe note that a Title plaintiff is not required to demonstrate actual knowledge that a particular student was being abused.\u201d) (emphasis supplied). In this case, there is no dispute that the College received what it deemed a credible report. The only issue is when it had \u201cactual knowledge\u201d of Professor Noonan's conduct prior to that time and whether it responded to that actual knowledge with deliberate indifference. . \u201cThe analysis of actual knowledge is often \u2018inextricably intertwined' with the analysis of deliberate indifference.\u201d Carabello, 928 F.Supp.2d at 638 defendant acts with deliberate indifference for Title purposes \u2018when the defendant's response to known discrimination is clearly unreasonable in light of the known circumstances.'\u201d Posso, 518 F.Supp.3d at 697 (quoting Roskin-Frazee, 2018 6523721, at *4). \u201cThis is a fairly high standard[,]\u201d Karasek v. Regents of Univ, of Cal,, 956 F.3d 1093, 1105 (9th Cir. 2020), which is not satisfied by mere negligence. Posso, 518 F.Supp.3d at 697. Instead, \u201c\u2018a plaintiff must allege additional facts beyond past incidents of assault on campus[,]' . . . but those facts need only give the school notice \u2018of a heightened risk that is specific enough to allow it to remedy such a policy.'\u201d Id. (quoting Tubbs v. Stony Brook Univ., 2016 8650463, at *8, *10 (S.D.N.Y. Mar. 4, 2016)). In other words, Plaintiffs must prove the College's deliberate indifference \u201camounted to \u2018an official decision ... not to remedy' the discrimination.\u201d Karasek, 956 F.3d at 1105 (quoting Oden v. N. Marianas Coll., 440 F.3d 1085, 1089 (9th Cir. 2006 school's delayed response constitutes deliberate indifference if it prejudices the plaintiff or if the delay was a \u2018deliberate attempt to sabotage [the p]laintiff s complaint or its orderly resolution.'\u201d JD1, 2022 2308902, at * 13 (quoting Emily O. v. Regents of the Univ, of Cal., 2021 1535539, at *6 (C.D. Cal. Mar. 9, 2021)) (alteration in original). \u201c[T]he reasonableness of a delayed investigation depends heavily upon the *17 surrounding circumstances, including the school's actions throughout the delay.\u201d Id. (quoting Emily O., 2021 1535539, at *6) (internal quotation marks omitted). 17 Allegations that a school failed to fully explain to a plaintiff his or her rights and options may support a plausible claim for deliberate indifference, but only if such failure transcends mere negligence. See, e.g., Sarah Lawrence, 453 2/17/25, 12:00 Boucher v. Trs. of Canisius Coll., 1:22-cv-00381 | Casetext Search + Citator 17/25 F.Supp.3d at 666 (holding that complaint sufficiently alleged deliberate indifference when plaintiff claimed that the meeting in which she reported an assault was \u201crushed, disorganized[] and undocumented\u201d and school \u201cnever fully explained her rights and options\u201d); but see Roskin-Frazee, 2018 6523721, at *9 (\u201cDefendant's failure to inform [p]laintiff of her Title rights[] constitutes, at most, negligence, which falls short of Title IX's clearly unreasonable standard.\u201d). Plaintiffs allege that the College \u201creceived numerous complaints regarding sexual harassment and gender-based discrimination perpetuated by [Professor] Noonan\u201d (Doc. 1 at 2, \u00b6 7) and thus had actual knowledge of the risks posed by Professor Noonan long before a formal Title complaint was lodged. See Posso, 518 F, Supp. 3d at 701-02 (explaining that the court would focus on \u201cthe particularized risk posed by male swimmers-not on the risk to a particular person\u201d when assessing actual knowledge). Those complaints include Professor Waldau's 2014 reporting of Professor Noonan to the College's Title office, see Doc. 1 at 39, \u00b6 275; Plaintiff Tuhovak's 2018 meeting with Ms. Margulis wherein she complained of Professor Noonan's \u201cverbal and emotional abuse[,]\u201d id. at 35, \u00b6 253; and an unnamed student's alleged complaints to Professor Hogan. Plaintiffs also allege that Professor Noonan told Plaintiff Wood in January 2019 \u201cthat women students and staff had complained about his conduct in the past to the College, but [the College] never found a \u2018significant violation' of the rules and nothing ever came of those complaints.\u201d Id. at 50, \u00b6 368. At the time Ms. Margulis and Professor Hogan were allegedly notified of Professor Noonan's behavior, Ms. Margulis was Chair of the Program and Professor Hogan was Co-Chair of the Biology Department. While Plaintiffs allege that their complaints constituted notice to the College, satisfying the \u201cactual knowledge\u201d *18 requirement, additional facts are necessary to determine whether these representatives of the College were \u201cappropriate\u201d people under Gebser* At the pleading stage, the court draws reasonable inferences in Plaintiffs' favor and assumes that Ms. Margulis and Professor Hogan are \u201cappropriate persons,\u201d as each occupied a supervisory role. See Francis v. Kings Park Manor, Inc., 992 F,3d 67, 72 (2d Cir. 2021) (\u201cIn assessing the complaint, we \u2018accept all factual allegations as true, and draw 18 2/17/25, 12:00 Boucher v. Trs. of Canisius Coll., 1:22-cv-00381 | Casetext Search + Citator 18/25 all reasonable inferences in the plaintiffs favor.'\u201d) (quoting Austin v. Town of Farmington, 826 F.3d 622, 625 (2d Cir. 2016)).8 8 See Wyler v. Connecticut State Univ, Sys., 100 F.Supp.3d 182, 191 n.5 (D. Conn. 2015) (on motion for summary judgment, describing it as \u201cat best disputed\u201d that \u201cchairs of [a] music department[] had authority to take corrective action as required by Gebse Pf, Poe v. Se. Delco Sch. Dist., 165 F.Supp.3d 271,280 (E.D. Pa. 2015) (ruling that plaintiffs adequately pled actual knowledge by an appropriate person despite \u201cfew details about\u201d former principal's \u201csupervisory powers and discretion\u201d); cf Blue v. Dist. of Columbia, 850 F.Supp.2d 16, 32 (D.D.C. 2012) (granting motion to dismiss Title claim when, among other things, plaintiff allegedly told \u201cschool personnel\u201d she thought she was pregnant but did not identify those personnel in her complaint or plead facts suggesting they had authority to take corrective measures). Accepting Plaintiffs' allegations as true, Plaintiffs plausibly plead that the College neglected to take corrective action; inadequately investigated their complaints; declined to adjudicate their claims; and, when a formal Title complaint was filed, allowed Professor Noonan to retire mid-investigation without punishment. It also allegedly failed to apprise Plaintiffs of their rights and options and failed to provide sufficient academic supports. Because Plaintiffs have adequately pled the essential elements of their claim, the court the College's request to dismiss on failure to plausibly plead deliberate *19 indifference grounds. 9 19 9 See Karasek, 500 F.Supp.3d at 988 (finding that plaintiff plausibly pled a policy of deliberate indifference when plaintiff alleged that the university failed to respond \u201cin any way to three assaults taking place over four years in one of its clubs\u201d) (emphasis omitted); JD1 v. Canisius College, 2022 2308902, at *10 (W.D.N.Y, June 27, 2022) (finding that plaintiff plausibly alleged a policy of deliberate indifference based on the school's failure to respond to another plaintiffs sexual assault and the court's inference that the college was \u201caware of some [anonymous reports of sexual misconduct] before [plaintiff] was assaulted\u201d); Tubbs v. Stony Brook Univ., 2016 8650463, at *7 (S.D.N.Y. Mar. 4, 2016) (\u201cPlaintiff alleges a number of instances of misconduct that a reasonable jury could conclude were clearly unreasonable in light of the circumstances, including [that] campus police did not explain [the plaintiff s] options to her[.]\u201d). 2/17/25, 12:00 Boucher v. Trs. of Canisius Coll., 1:22-cv-00381 | Casetext Search + Citator 19/25 Because Plaintiffs have plausibly pled a sexual harassment/hostile educational environment claim (Count I), the College's Rule 12(b)(6) motion to dismiss Count is DENIED. 2. Whether Plaintiffs Plausibly Plead a Claim for Retaliation under Title (Count III). Plaintiffs allege that the College retaliated against them after they complained of Professor Noonan's harassing and discriminatory behavior. The College seeks dismissal of this claim because, as a matter of law, a failure to act does not constitute retaliation. In Jackson v. Birmingham Board of Education, the Supreme Court held that Title includes a private right of action for retaliation. 544 U.S. 167, 171 (2005). \u201c[A] plaintiff claiming retaliation under Title must first establish a prima facie case by showing: (1) protected activity by the plaintiff; (2) knowledge by the defendant of the protected activity; (3) adverse school- related action; and (4) a causal connection between the protected activity and the adverse action.\u201d Papelino, 633 F.3d at 91. Title retaliation claims are subject to the McDonnell Douglas burden- shifting framework. Id. at 92. \u201cOnce a plaintiff establishes a prima facie case, the burden shifts to the defendant to articulate a legitimate, nondiscriminatory reason for its actions. After the defendant has done so, the burden shifts back to the plaintiff to demonstrate that the articulated reasons are pretextual.\u201d Id. (citing McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 804-05 (1973) (internal citation omitted)). Plaintiffs must allege that \u201ca retaliatory motive playfed] a part\u201d in the adverse action. Sarah Lawrence Coll., 453 F.Supp.3d at 667 (quoting Papelino, 663 F.3d at 92) (alteration in original). The College does not dispute that Plaintiffs engaged in protected activity when they filed their Title complaints with Ms. Walleshauser, as it was an \u2018\u201caction taken to protest or oppose statutorily prohibited discrimination[.]'\u201d Castro v. Yale Univ., 518 F.Supp.3d 593, 611 (D. Conn. 2021) (quoting Siuzdakv. Sessions, 295 F.Supp.3d Tl, 96 (D. Conn. 2018)); see also id. (explaining that protected activity \u201cincludes a wide range of activities, like reporting discrimination, testifying in a proceeding, or otherwise *20 participating in 20 2/17/25, 12:00 Boucher v. Trs. of Canisius Coll., 1:22-cv-00381 | Casetext Search + Citator 20/25 an investigation about discrimination[.]\u201d). The College, however, contends that retaliation claims require affirmative efforts to punish Title claimants and Plaintiffs merely allege that the College failed to act. See Andersen v. Rochester City Sch. Dist., 2011 1458068, at *7 (W.D.N.Y. April 15, 2011) (stating that \u201cfailure to act. . . is not considered an adverse employment action for the purpose of determining whether retaliation in violation of Title has occurred.\u201d); Fincher v. Depository Tr. and Clearing Corp., 604 F.3d 712, 721 (2d Cir. 2010) (\u201c[A]n employer's failure to investigate a complaint of discrimination\u201d in a \u00a7 1981 case \u201ccannot be considered an adverse employment action taken in retaliation for the filing of the same discrimination complaint.\u201d). Because an adverse action is \u201cany action that \u2018could well dissuade'\u201d a claimant \u201cfrom making or supporting a charge of discrimination[,]\u201d Vega v. Hempstead Union Free Sch, Dist., 801 F.3d 72, 90 (2d Cir. 2015) (Title case) (quoting Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53, 57 (2006)), Plaintiffs' allegations other than the mere failure to act must be considered. \u201c[A]t the pleading stage, \u2018a plaintiff need not plead facts giving plausible support to the \u201cultimate question\u201d of whether an adverse action was attributable to the discrimination; rather, the facts need only give plausible support to a \u201cminimal inference\u201d of discriminatory motivation.'\u201d Novio v. N.Y. Acad, of Art, 286 F.Supp.3d 566, 578 (S.D.N.Y. 2017) (quoting Bailey v. N.Y. L. Sch., 2017 835190, at *7 (S.D.N.Y. Mar. 1, 2017)). Here, Plaintiffs contend that the College acted, but did so in an untimely and inadequate manner by abandoning its investigation and allowing Professor Noonan to retire. Plaintiffs further contend that the College's delay and failure to provide academic supports prejudiced Plaintiffs academically and in their prospective careers. More specifically, Plaintiffs assert the College \u201cdepriv[edj Plaintiffs of the ability to . . . make the Project Tiger film as they intended[,] (Doc. 1 at 63, \u00b6 440f), and failed to assign Plaintiffs new academic advisors and mentors, see id. at 6, \u00b6 29, 60, \u00b6 428h, 63-64, \u00b6 440h, after they engaged in protected activity. Although a close question, at the pleading stage, Plaintiffs sufficiently allege *21 retaliation. Other courts have permitted retaliation claims on this basis. Not only is there close temporal proximity between Plaintiffs' protected activity and the College's alleged retaliatory response, but there is 21 10 2/17/25, 12:00 Boucher v. Trs. of Canisius Coll., 1:22-cv-00381 | Casetext Search + Citator 21/25 arguably no reasonable explanation for failing to provide Plaintiffs with the academic supports they presumably requested and needed. Although evidence of the College's discriminatory motivation is, at this point, \u201cminimal[,]\u201d Novio, 286 F.Supp.3d at 578, Plaintiffs' allegations are not implausible. The College's motion to dismiss Plaintiffs' retaliation claim (Count III) is therefore DENIED, D. Whether Plaintiffs Plausibly Plead a Claim for Breach of Contract (Count IV). 10 See, e.g, Irrera v. Humpherys, 859 F.3d 196, 198-99 (2d Cir. 2017) (holding that plaintiff plausibly alleged retaliation when he allegedly failed to receive a single interview after applying to twenty-eight teaching positions, despite being highly qualified, after declining sexual advances from the chair of his department); Bailey v L. Sch,, 2017 835190, at *7 (S.D.N.Y. Mar. 1,2017) (finding that plaintiff who attempted transfer law schools after complaining of a sexual assault by a fellow student met the \u201cexceedingly low burden of demonstrating a plausible minimal inference\u201d of retaliation when she alleged that she \u201cwas unable to obtain a letter of recommendation that was required for her [transfer] application\u201d and \u201creceived the worst grades of her law school career\u201d the semester after reporting the assault); Novio v. N.Y. Acad, of Art, 286 F.Supp.3d 566, 578-79 (S.D.N.Y. 2017) (finding that plaintiff sufficiently alleged retaliation by graduate school for reporting sex discrimination and harassment when, among other things, school allegedly \u201cstopped making plaintiff aware of Academy functions, art shows, and networking events that could help her find employment[,]\u201d discouraged her from attending school events, and \u201crefus[ed] to provide references or recommendations\u201d). \u201cUnder New York law, an implied contract is formed when a university accepts a student for enrollment[.]\u201d Papelino, 633 F.3d at 93 (citing Carr v. St, John's Univ,, 231 N,Y,S,2d 410, 413 (N.Y.App.Div. 1962)). The terms of that contract \u201care \u2018contained in the university's bulletins, circulars[,] and regulations made available to the student.'\u201d Id. (quoting Voughtv. Teachers Coll., Columbia Univ., 511 N.Y.S.2d 880, 881 (N.Y.App.Div. 1987)). To state a plausible breach of contract claim under New York law, Plaintiffs must plead: \u201c(1) the formation of a contract, (2) the plaintiffs performance of his or her obligations thereunder, (3) the defendant's failure to perform its obligations, and (4) resulting damages to the plaintiff.\u201d Posso, 518 2/17/25, 12:00 Boucher v. Trs. of Canisius Coll., 1:22-cv-00381 | Casetext Search + Citator 22/25 F.Supp.3d at 703 *22 (citing Nakano v. Jamie Sadock, Inc., 2000 680365, at *5 (S.D.N.Y. May 25, 2000)). 22 \u201c[T]he mere allegation of mistreatment without the identification of a specific breached promise or obligation does not state a claim on which relief can be granted.\u201d Nungesser v. Columbia Univ., 169 F.Supp.3d 353, 369 (S.D.N.Y. 2016) (quoting Gaily V. Columbia Univ., 22 F.Supp.2d 199, 206 (S.D.N.Y. 1998) (alteration in original)). For this reason, \u201cgeneral promises about ethical standards . . . are far different from the types of specific promises which have led to valid breach of contract claims against universities.\u201d Gaily, 22 F.Supp.2d at 207. Compare Clarke v. Trs. of Columbia Univ., 1996 609271, at *5-6 (S.D.N.Y. Oct. 23, 1996) (finding that student who alleged that she did not receive fieldwork supervision she was promised in student handbook adequately stated a claim for breach of contract), with Gaily, 22 F.Supp.2d at 208 (explaining that a university's statement of adherence to antidiscrimination laws did \u201cnot create a separate and independent contractual obligation.\u201d), Although Plaintiffs identify a number of \u201cgeneral statements] of adherence\u201d to antidiscrimination laws in the College's Sexual Harassment and Gender-Based Misconduct Policy, see id., which do not support a breach of contract claim, they also cite to a provision of the policy that states the \u201cTitle Coordinator is responsible for coordinating the effective implementation of Supportive Measures[,]\u201d which may include \u201c[c]ounseling; [e]xtensions of deadlines or other course- related adjustments; [m]odifications of work or class schedules; [c]ampus escort services; and [r]estrictions on contact between the parties . . . and; [o]ther Supportive Measures deemed appropriate by the Title Coordinator.\u201d (Doc. 1 at 59, \u00b6 425.) Plaintiffs contend the College violated this policy when it \u201cfail[ed] to afford Plaintiffs any supportive measures[,]\u201d Id. at 58, \u00b6 424, causing them damages. At the pleading stage, these allegations suffice to state a breach of contract claim under New York law in an educational setting, The court thus the College's motion to dismiss Plaintiffs' breach of contract claim (Count IV). *23 11 23 11 See, e.g, Gaily v. Columbia Univ., 22 F, Supp. 2d 199, 208 (S.D.N.Y. 1998) (finding that provision in school's code of conduct that \u201c[a]ll students should receive fair and equal treatment. .. does not create a separate and independent contractual obligation\u201d). 2/17/25, 12:00 Boucher v. Trs. of Canisius Coll., 1:22-cv-00381 | Casetext Search + Citator 23/25 E. Whether Plaintiffs' Claim for Negligent Retention and Supervision of Professor Noonan is Time-Barred (Count VI). \u201cTo establish a cause of action based on negligent hiring, negligent retention, or negligent supervision, it must be shown that the employer knew or should have known of the employee's propensity for the conduct which caused the injury[.]\u201d Shor v. Touch-N-Go Farms, Inc., 933 N.Y.S.2d 686, 688 (N.Y.App.Div. 2011) (citation omitted). The College argues that Plaintiffs' claim for negligent retention and supervision of Professor Noonan is time-barred because Plaintiffs filed their complaint more than three years after Professor Noonan was removed from campus. As Plaintiffs point out, however, Professor Noonan was still employed by the College as of June 1, 2019, which would render their claim timely if the sexual harassment continued until this date. In New York, a three-year statute of limitations applies to claims for negligent retention or supervision, see N.Y.C.P.L.R. 214(5), meaning an action must be commenced within \u201cthree years [of the] the last act of alleged sexual abuse.\u201d Sharon B. v. Reverends., 665 N.Y.S.2d 139, 140 (N.Y.App.Div. 1997) (explaining that a \u201cthree-year [s]tatute of [l]imitations applies to a cause of action for negligent retention or supervision\u201d and finding that \u201cdefendants failed to establish that the action was commenced more than three years after the last act of alleged sexual abuse.\u201d). The last possible date on which Professor Noonan could have sexually harassed Plaintiffs is February of 2019 when he was suspended and banned from the College's campus. Although he was not terminated at this time, it is uncontested that he had no contact with Plaintiffs thereafter. Even though he remained an employee of the College for several months, nothing he did during those months was an \u201cact of alleged sexual abuse\u201d or caused Plaintiffs harm due to the College's failure to formally terminate his employment. Because Plaintiffs filed the Complaint over three years from the last date of alleged negligent retention and supervision, the court the College's motion to dismiss Plaintiffs' negligent retention and supervision claim (Count VI). *24 24 2/17/25, 12:00 Boucher v. Trs. of Canisius Coll., 1:22-cv-00381 | Casetext Search + Citator 24/25 For the foregoing reasons, the court the College's motion to dismiss Counts I, III, and IV, and the College's motion to dismiss Counts and (Doc. 5 ORDERED. 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. 2/17/25, 12:00 Boucher v. Trs. of Canisius Coll., 1:22-cv-00381 | Casetext Search + Citator 25/25"} |
7,726 | James Barsness | University of Georgia | [
"7726_101.pdf",
"7726_102.pdf",
"7726_103.pdf",
"7726_104.pdf",
"7726_105.pdf",
"7726_106.pdf"
] | {"7726_101.pdf": "Community Corner Art Professor Loses Tenure Revocation Appeal; Regents Uphold Firing Art professor and teacher James \"Jim\" Barsness will lose his job. Rebecca McCarthy, Patch Staff Posted Sat, Aug 17, 2013 at 8:39 am ETUpdated Sat, Aug 17, 2013 at 10:21 pm \uf0cfSign up Athens \uf01eSubscribe News Feed Events Local Businesses Classifieds 2/17/25, 12:00 Art Professor Loses Tenure Revocation Appeal; Regents Uphold Firing | Athens Patch 1/5 art professor James Barsness had sex in a public place, with an undergraduate he was supervising, during UGA's 2012 Maymester study abroad program in Costa Rica. He then told the young woman not to talk about the encounter because he would lose his job. 2/17/25, 12:00 Art Professor Loses Tenure Revocation Appeal; Regents Uphold Firing | Athens Patch 2/5 He was right. On Wednesday, the Board of Regents voted to deny his appeal and uphold his tenure revocation, issued by then-President Michael Adams last spring, according to a story in the Athens Banner Herald. Adams overruled a five- member faculty committee, which was split about whether to revoke tenure. The story quotes a letter Adams wrote to Barsness, which says: \u201cUpon review have determined that public sex with a student under one\u2019s direction and control in a program merits termination. It is my judgment that the charges were sustained and that your employment relationship with UGA, including tenure, should be terminated as of this date.\u201d Get more local news delivered straight to your inbox. Sign up for free Patch newsletters and alerts. Share More from Athens Politics & Government | Jan 29 Trump Signs Laken Riley Act Into Law Politics & Government | Jan 23 Laken Riley Act Passed By Congress, Heads To Trump For Signing Crime & Safety | Jan 23 Suspect In Deadly Crash Arrested In Athens-Clarke County Latest News Nearby \uf0c2 \uf045 2/17/25, 12:00 Art Professor Loses Tenure Revocation Appeal; Regents Uphold Firing | Athens Patch 3/5 1. \uf02bAthens News Board opts out of 581 2. \uf02bAthens News \ud83c\udf31 Mentor Jeremy Daniel inspires Athens community 3. \uf02bAcross America News Yes, We Have Rat Lungworm, But Don\u2019t Freak Out [Weird News & Oddities] 4. \uf02bAtlanta News This Town Among The Best Places To Get Married Nationwide 5. \uf02bAthens News \ud83c\udf31 Athens students excel at regional science fair Find out what\u2019s happening in your community on the Patch app Corporate Info About Patch Careers Partnerships Advertise on Patch Support FAQs Contact Patch Community Guidelines Posting Instructions Terms of Use Privacy Policy \u00a9 2025 Patch Media. All Rights Reserved. \uf058 \uf01e\uf058 \uf021\uf058\uf058 \uf0b2\uf058 \uf0b1 2/17/25, 12:00 Art Professor Loses Tenure Revocation Appeal; Regents Uphold Firing | Athens Patch 4/5 Do Not Sell My Personal Information 2/17/25, 12:00 Art Professor Loses Tenure Revocation Appeal; Regents Uphold Firing | Athens Patch 5/5", "7726_102.pdf": "(HTTPS://GEORGIASTATESIGNAL.COM/MOREOPINION/) Secret Lovers: Why dating your professor is a bad idea On September 19, 2013 ( \u2022 By Raven Naquelle ( ( \uf107 2/17/25, 12:00 Secret Lovers: Why dating your professor is a bad idea - The Signal 1/3 (mailto:?subject=Secret Lovers: Why dating your professor is a bad idea&body= professor-is-a-bad-idea/) \uf09a \uf099 \uf0d2 \uf0d5 \uf003 e is pretty easy\u2013the public displays of affection are dead giveaways. However, if someone is dating their professor, the relationship might not be so ea ck at dating their professor for various reasons, be it for a good grade in the class, gaining favoritism in a sense of being able to break class rules or sim essor. Sounds crazy, but it happens more often than you think. The thing is, you won\u2019t catch too many students or professors who will admit to being e it is a bad idea for both parties, but more so in the student\u2019s case. Allow me to explain: rofessors are on two different pages in life. years old, you are still in the beginning stages of adulthood while your 40-year-old professor has already \u201cbeen there, done that.\u201d No matter how mat ild a lasting relationship with said professor without sacrificing all of the wild experiences you\u2019re supposed to have at this point in your life. Then, wh regret that you missed out on everything. sor relationships don\u2019t always end well. ssy, they get ugly. Let\u2019s say you\u2019re dating your professor and for whatever reason, you break up with him/her. If the professor is feeling salty about it, \u2019t feel salty about it, what if you have questions about a test or writing assignment? Don\u2019t you think going to your professor\u2019s office during his/her offi r is the one who ends the relationship, you may be the one who feels salty. You may want to get revenge in the worst way, which brings me to my next us consequences for student-professor affairs. only consequence of a student-professor relationship gone wrong. If it ends, and you want revenge, the aftermath will get real. d lose his/her job. Two, if the professor is married, it could break up his/her home. Three, depending on how big the relationship drama is, it may bri hearer of The Augusta Chronicle, art professor and renowned painter James Barsness lost his tenure at the University of Georgia for having sex with er course. He was denied an appeal in August 2013. nnecticut has banned all student-professor relationships under any and all circumstances. According to Tyler Kingkade of the Huffington Post, the ba e University of Connecticut being placed on leave for sexual misconduct due to accusations of visiting the freshmen dorm facilities, issuing drugs to st n. cific restrictions on student-professor relationships at Georgia State. However, there is a clause in our university\u2019s Sexual Harassment Policy and Pro ersons Who May Be Involved in Sexual Harassment\u201d that says: most frequently occurs when a person in authority harasses someone with less power, e.g., faculty member and student, administrator and faculty me t is possible for a person with less power to harass a person in authority. Sexual harassment may also take place between persons of the same status, e t may take place between persons of the opposite sex, or between persons of the same sex.\u201d ed student at who wants to get revenge on a professor that dumped him/her could file a formal complaint with the institution as a victim of sexu g a professor is highly unprofessional as a student, especially if that professor works in the field you\u2019re trying to get into. When people tell you to netw em. You can get a good grade in class without taking your clothes off. You can gain favoritism by simply being a \u201cteacher\u2019s pet\u201d or befriending them oesn\u2019t mean you have to pursue it\u2013professor or not. your professor. ( \uf107 2/17/25, 12:00 Secret Lovers: Why dating your professor is a bad idea - The Signal 2/3 \ue9d6 ( (HTTPS://GEORGIASTATESIGNAL.COM/TAG/OPINION-2/) (mailto:?subject=Secret Lovers: Why dating your professor is a bad idea&body= professor-is-a-bad-idea/) 1 hh 28, 2014 12:59 (HTTPS://GEORGIASTATESIGNAL.COM/SECRET-LOVERS-WHY-DATING-YOUR-PROFESSOR-IS-A-BAD-IDEA/#COMMENT-13816) Sound advice. Comments are closed. \uf09a \uf099 \uf0d2 \uf0d5 \uf003 Copyright \u00a9 2025 | Georgia State Signal | By Daniel Varitek ( ( \uf107 2/17/25, 12:00 Secret Lovers: Why dating your professor is a bad idea - The Signal 3/3", "7726_103.pdf": "a15a-001a4bcf6878.html moves to revoke tenure, fire professor Cailin O'Brien Aug 19, 2013 The University of Georgia has decided to fire and revoke the tenure of James Barsness, a formerly tenured art professor filed charges against Barsness accusing him of violating policy by involving himself in a \"public sexual encounter with a student.\" Shanda Crowe University of Georgia officials motioned to fire and revoke the tenure of a professor accused of having a public sex encounter with a student during a study abroad program in Costa Rica. The decision went against the recommendation of the majority of the Faculty Hearing Committee that charged James Barsness with violating Board of Regents policy and committing public sexual acts with a student during a 2012 Maymester trip. 2/17/25, 12:00 moves to revoke tenure, fire professor | Administration | redandblack.com 1/9 On May 2, three of the five members of the Faculty Hearing Committee recommended lesser action be taken against on Barsness based on six different factors, including his \"stellar reputation for teaching and researching,\" \"positive record with previous study abroad programs\" and \"cooperation\" with the investigation, according to document obtained by The Red & Black. The three members also recommended Barsness receive lesser charges because of some medical issues which were undiagnosed at the time of the study abroad trip. In a May 13 letter stating his decision, former President Michael Adams said he was \"disappointed in the conclusions\" in the committee's report. \"Upon review have determined that public sex with a student under one's direction and control in a program merits termination,\" Adams wrote. \"It is my judgement that the charges were sustained and that your employment relationship with UGA, including tenure, should be terminated as of this date.\" Adams wrote that then provost and new president Jere Morehead agreed with the decision. Barsness received official notice of the charges against him Feb. 2. He reportedly told the student he was involved with on the Costa Rica trip not to tell anyone in order to protect his job, according to a previous Red & Black article. Barsness was removed from the study abroad program because of the encounter. 2/17/25, 12:00 moves to revoke tenure, fire professor | Administration | redandblack.com 2/9 Professor eyes \u2018liabilities\u2019 in art 2/17/25, 12:00 moves to revoke tenure, fire professor | Administration | redandblack.com 3/9 WALL: \u2018Innovative\u2019 street art creates, destroys Faculty showcase art at Lamar Dodd Convention starts campaign season 2/17/25, 12:00 moves to revoke tenure, fire professor | Administration | redandblack.com 4/9 files motion to revoke art professor\u2019s tenure 2/17/25, 12:00 moves to revoke tenure, fire professor | Administration | redandblack.com 5/9 Car fire blocking parts of East Broad Street cleared Friday morning Georgia Regents University & The University of Georgia medical partnership grows annually 2/17/25, 12:00 moves to revoke tenure, fire professor | Administration | redandblack.com 6/9 students stalk predators of the Kalahari 2/17/25, 12:00 moves to revoke tenure, fire professor | Administration | redandblack.com 7/9 Great Sexpectations: One-night-stand etiquette explained 2/17/25, 12:00 moves to revoke tenure, fire professor | Administration | redandblack.com 8/9 President Jere Morehead institutes new need-based scholarship 2/17/25, 12:00 moves to revoke tenure, fire professor | Administration | redandblack.com 9/9", "7726_104.pdf": "001a4bcf6878.html files motion to revoke art professor\u2019s tenure Nick Watson Apr 10, 2013 Shanda Crowe The University of Georgia filed three charges for revocation of tenure against a art professor, as shown through an open records request received by The Red & Black. James Barsness, a professor of art in the Lamar Dodd School of Art, received notice of these charges on Feb. 2 in a letter from Senior Assistant Attorney General Rebecca S. Mick. One charge accused Barsness of a \u201cpublic sexual encounter with a student\u201d during a study abroad program in Costa Rica. 2/17/25, 12:00 files motion to revoke art professor\u2019s tenure | Cops | redandblack.com 1/6 The three charges are willful violation of Board of Regents of the University System of Georgia and policies concerning \u201cneglect of duty or default of academic integrity,\u201d \u201cdisruption of any teaching, research, administrative, disciplinary, public service, or other authorized activity,\u201d and violation of the Non- Discrimination and Anti-Harassment Policy during the 2012 Maymester trip to Costa Rica. Barsness was later removed from the program because of this encounter. He told the student not to inform anyone else about the sexual encounter and he would deny anything to the contrary to protect his job, according to the letter. The letter from Mick includes that, under Board of Regents policy, \u201cthe president of an institution may at any time remove any faculty member or other employee of an institution for cause. Cause shall include willful or intentional violation of the policies of the Board of Regents or the approved statutes of an institution.\u201d Barsness.pdf Updated Apr 10, 2013 UPDATE: Tenured professor brings lawsuit against UGA, Adams, Board of Regents 2/17/25, 12:00 files motion to revoke art professor\u2019s tenure | Cops | redandblack.com 2/6 professors named Meigs Professors 'bring balance' as faculty Our Take: For now, Morehead puts doubts to rest 2/17/25, 12:00 files motion to revoke art professor\u2019s tenure | Cops | redandblack.com 3/6 student arrest records reported, not employees 2/17/25, 12:00 files motion to revoke art professor\u2019s tenure | Cops | redandblack.com 4/6 Employees facing charges able to keep officials in the dark 2/17/25, 12:00 files motion to revoke art professor\u2019s tenure | Cops | redandblack.com 5/6 moves to revoke tenure, fire professor 2/17/25, 12:00 files motion to revoke art professor\u2019s tenure | Cops | redandblack.com 6/6", "7726_105.pdf": "moves to fire tenured professor Lee Shearer lshearer@onlineathens.com Published 5:49 p.m April 9, 2013 University of Georgia administrators have moved to revoke the tenure of an art professor for allegedly having a sexual encounter with a student. James Barsness, a nationally known painter, violated three polices of and the state Board of Regents when he had a \"public sexual encounter\" with a student, according to a statement of the charges against Barsness released Tuesday under an Athens Banner-Herald open records request. According to the document, a letter to Barsness from Georgia Senior State Assistant Attorney General Rebecca Mick, the encounter in May 2012 was a violation of UGA's harassment policy and two other and state Board of Regents policies. \"You are charged specifically with engaging in sexual activity with an undergraduate student ... under your supervision in a public area during the Costa Rica 2012 Maymester study abroad program held on the Costa Rica campus. This sexual encounter was witnessed by students and caused substantial disruption in the program,\" Mick wrote in a February letter to Barsness. \"You later told (the student) that she should not tell anyone about the sexual encounter and you were going to deny that it occurred so that you would not lose your job.\" UGA's Office of Legal Affairs redacted the name of the student and of other student witnesses to comply with state and federal laws that protect student privacy, said open records manager Mitch Clayton. \"The conduct enumerated in the above paragraphs demonstrates a neglect of duty and default of academic integrity, a disruption of teaching and service, and a violation of the 'Non-Discrimination and Anti-Harassment Policy\" as defined by the Board of Regents and University Policy,\" Mick wrote of Barsness alleged act. 2/17/25, 12:00 moves to fire tenured professor 1/2 Barsness, a faculty member since 2000, was immediately removed from the Costa Rica program, according to Mick's letter hearing before a faculty panel was scheduled for April 4, with Mick presenting the state's case. The panel's recommendation is advisory; the president is not bound by the committee's collective opinion on whether Barsness should lose tenure, which is the academic equivalent of getting fired. Mick also prosecuted another recent tenure revocation proceeding. In 2010, administrators asked another faculty panel to recommend tenure revocation for comparative literature professor Dezso Benedek. That panel recommended against tenure revocation and President Michael Adams abided by their decision. The university did not show that Benedek violated academic integrity rules, panelists said, though they did agree with administrators that Benedek had been willfully insubordinate by ignoring administrators' repeated requests for information about a study-abroad program he worked on. Benedek had been punished sufficiently for that transgression, the faculty panel concluded. Administrators in the Franklin College of Arts and Sciences had already removed Benedek as head of the Asian Language Program and revoked his authority to travel abroad on business. The tenure revocation case against Benedek was UGA's first in more than 10 years. Benedek has now sued the state Board of Regents over the discipline he received, saying officials were retaliating against him for exercising his free speech rights. \u2022 Follow education reporter Lee Shearer at or 2/17/25, 12:00 moves to fire tenured professor 2/2", "7726_106.pdf": "professor loses tenure after public sex with student Regents deny appeal of celebrated art teacher Lee Shearer lshearer@onlineathens.com Published 12:22 p.m Aug. 17, 2013 ATHENS, Ga. -- The state Board of Regents has denied a University of Georgia art professor's appeal of his tenure revocation for having public sex with a student administrators began a rare tenure revocation process earlier this year against nationally known painter James Barsness for having sex in a public place with a student under his supervision at UGA's Costa Rica 2012 Maymester study abroad program, which administrators said was a violation of UGA's harassment policy and other university and state Board of Regents policies. The Board of Regents is the appointed group that sets policy for and other state public colleges and universities faculty committee appointed to act as a sort of jury in the case against Barsness rendered a split decision when it reported its findings to former President Michael Adams in May. All five committee members agreed Barsness had violated the Non-Discrimination and Anti-Harassment Policy by having sex with a student under his supervision, according to documents the university released under an open records request. The sex was consensual, the committee concluded, though both parties \"were under the influence of alcohol and/or potentially behavior-altering medication,\" according to their May 2 report to Adams. Barsness violated the harassment policy, committee members agreed, but did not agree that the professor had violated other policies about academic integrity, neglect of duty and disruption of academic programs. 2/17/25, 12:00 professor loses tenure after public sex with student 1/2 Committee members also did not agree on what sanctions Barsness should face. Two were in favor of tenure revocation, but three argued for lesser sanctions, noting mitigating factors such as Barsness' \"stellar reputation for teaching and research,\" his previous positive record and evident remorse, and undisclosed medical issues. But the president is not bound to follow the recommendations of the faculty committee in a tenure revocation have great respect for the committee process, but disagree with, and am disappointed in, the conclusions in this report,\" Adams wrote in a May 13 letter to Barsness. \"Upon review have determined that public sex with a student under one's direction and control in a program merits termination. It is my judgment that the charges were sustained and that your employment relationship with UGA, including tenure, should be terminated as of this date.\" Regents, meeting in Atlanta, upheld Adams' decision in a Wednesday meeting. The tenure revocation proceeding was the second for in about three years. In 2010, administrators moved to take away comparative literature professor Dezso Benedek's tenure. But a faculty panel recommended against tenure revocation and Adams upheld the committee decision. Benedek has filed suit in federal court, alleging that university officials were retaliating against him in violation of Constitutional guarantees of free speech. 2/17/25, 12:00 professor loses tenure after public sex with student 2/2"} |
8,377 | Robert Ferguson | Saddleback College | [] | {} |
7,428 | Sam H. Farahani | Mesa College | [
"7428_101.pdf",
"7428_102.pdf"
] | {"7428_101.pdf": "v (2009) Court of Appeal, Fourth District, Division 1, California. Sam H. FARAHANI, Plaintiff and Respondent, v et al., Defendants and Appellants. No. D054087. Decided: July 28, 2009 Stutz Artiano Shinoff & Holtz, Ray J. Artiano and Richard E. Romero, San Diego, for Defendants and Appellants. Grady and Associates, Dennis M. Grady, San Diego, Kenneth W. Baisch, and Bradley K. Moores for Plaintiff and Respondent. In this case we hold that Education Code section 87485 (undesignated statutory references are to the Education Code) renders \u201cnull and void\u201d the \u201clast chance agreement\u201d (Agreement) under which community college faculty member Sam H. Farahani waived his statutory due process rights relating to faculty discipline. The San Diego Community College District (District) terminated Farahani after he allegedly violated his Agreement with the District. The trial court granted Farahani's petition for writ of mandate (Code Civ. Proc., \u00a7 1085), ruling that the Agreement violated the Education Code and Farahani's due process rights. The court issued a peremptory writ of mandate under Code of Civil Procedure section 1085 directing the District to: (1) reinstate Farahani with full back pay, interest and benefits and (2) require its governing board to determine whether Farahani should be terminated, \u201call in compliance with the requirements of the Education Code, including appropriate notice and opportunity to be heard.\u201d The District appeals. \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/17/25, 12:01 v (2009) | FindLaw 1/14 In addition to concluding that Farahani's purported waiver of the right to a hearing in the Agreement and attached General and Special Release and Settlement Agreement (Release) were unenforceable under section 87485, we also reject the District's claim that Farahani's petition was barred by laches, unclean hands, and the failure to exhaust administrative remedies. Accordingly, we affirm the judgment Farahani was a tenured professor of international relations and public policy at Mesa College. He had worked for the District for 18 years prior to his termination in June 2006. Beginning in 1994, the District received complaints from female students and staff about what they described as unwanted sexual and social advances. In October 2000, after investigating some of these complaints, the District gave Farahani a written reprimand advising him that continued misconduct would result in discipline up to and including termination. On September 20, 2004, the District sent Farahani written \u201cNotice of Pre-Disciplinary Hearing: Suspension.\u201d The notice cited the basis for the recommended one-year suspension without pay as \u201ca continuing pattern of inappropriate behavior toward students and employees over several years.\u201d The notice informed Farahani that he had \u201cthe right to respond to the proposed discipline either orally or in writing or both.\u201d The matter did not proceed to the hearing stage. In November 2004, the attorney for the American Federation of Teachers Guild, California Federation of Teachers Local 1931 (Union) presented Farahani with the Agreement, and told him that the District would suspend him for a year without pay unless he signed it. Among other things, the Agreement and Release provided that Farahani: (1) accept a reduction of pay equivalent to one month's salary and (2) for a period of 18 months agree to refrain from conduct that constituted sexual harassment, \u201cincluding any verbal, physical or visual conduct\u201d on campus, and from \u201cpersonal contacts and/or communications\u201d with students off campus. The Agreement stated that if Farahani failed to comply with its provisions, he could be \u201cterminated at the Chancellor's discretion, without the issuance of charges under the Education Code or District policies and without right of appeal\u2024\u201d The Release included the following provision: \u201cFarahani waives any and all appeal rights he may otherwise have to challenge the discipline or otherwise pursue any appeal relating to the pre-disciplinary notice.\u201d District faculty members are covered by the collective bargaining agreement between the District's trustees and the Union. Article XIV, section 14.2 of the collective bargaining agreement provides that \u201cAll faculty are eligible for a hearing prior to any disciplinary action involving loss of pay.\u201d When encouraging Farahani to sign the Agreement, the Union attorney told Farahani that although the Agreement was \u201cprobably \u2024 not legal,\u201d it would be best to \u201c[g]ive your 18 months and get it over with.\u201d 2/17/25, 12:01 v (2009) | FindLaw 2/14 Although Farahani believed that the charges were baseless, he stated he was \u201ccompelled\u201d to sign \u201cby two bad options.\u201d While the Agreement was in effect, the District received new complaints about Farahani from female employees. Constance M. Carroll, the chancellor, concluded that Farahani's conduct towards these women \u201cconstituted unwanted social advances which could create an uncomfortable work environment and/or conduct which could be considered sexual harassment.\u201d She terminated Farahani effective June 9, 2006, pursuant to the Agreement. The termination letter stated, \u201cSince you are being terminated from employment because of a violation of the [Agreement], you do not have a right of appeal.\u201d Farahani wrote members of the District's governing board, requesting reinstatement and an opportunity to meet. He received no response. Farahani's attorney wrote Carroll on July 14, 2006, demanding Farahani's reinstatement plus backpay and benefits. The District's response reiterated that \u201cMr. Farahani was not entitled to the issuance of formal charges or right to appeal his termination under the provisions of the [Agreement].\u201d Farahani filed his petition for writ of mandate on March 7, 2007 I. Standard of Review Under Code of Civil Procedure section 1085, subdivision (a), the trial court may issue a writ of mandate \u201cto any \u2024 board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station, or to compel the admission of a party to the use and enjoyment of a right or office to which the party is entitled, and from which the party is unlawfully precluded by such \u2024 board, or person.\u201d In reviewing a judgment granting a peremptory writ of traditional mandate under this section, we apply the substantial evidence test to the court's factual findings, but independently review its findings on legal issues. (Stryker v. Antelope Valley Community College Dist. (2002) 100 Cal.App.4th 324, 329, 122 Cal.Rptr.2d 489 (Stryker ).) The interpretation of a statute is a legal issue subject to de novo review. (People ex rel. Lockyer v. Shamrock Foods Co. (2000) 24 Cal.4th 415, 432, 101 Cal.Rptr.2d 200, 11 P.3d 956.) II. The Agreement The District argues that the Agreement and Release included all the elements of a valid contract, Farahani signed them voluntarily on advice of counsel, and neither document was unlawful or against public policy. We begin with the dispositive question whether the Agreement and Release were invalid and unenforceable, as found by the trial court. 2/17/25, 12:01 v (2009) | FindLaw 3/14 The Education Code sets forth due process rights granted to community college faculty members in disciplinary matters, including the right to notice, opportunity to object, a hearing before an arbitrator or administrative law judge, and a decision by the governing board. (\u00a7\u00a7 87669, 87672-87674, & 87678- 87680.) The first paragraph of section 87485 expressly provides: \u201cExcept as provided in Section 87744, any contract or agreement, express or implied, made by any employee to waive the benefits of this chapter or any part thereof is null and void.\u201d The District contends that section 87485 is inapplicable to the Agreement and Release signed by Farahani, which it describes as a waiver in response to discipline. We conclude that the District interprets section 87485 too narrowly and there was no error in the trial court's ruling. The rules of statutory construction are well established. Its aim is to ascertain legislative intent in order to effectuate the purpose of the law. (Burden v. Snowden (1992) 2 Cal.4th 556, 562, 7 Cal.Rptr.2d 531, 828 P.2d 672.) Courts generally adopt a literal interpretation of the words of a statute unless the words are ambiguous or the language is inconsistent with the statute's purpose. (White v. Ultramar, Inc. (1999) 21 Cal.4th 563, 572, 88 Cal.Rptr.2d 19, 981 P.2d 944; Lungren v. Deukmejian (1988) 45 Cal.3d 727, 735, 248 Cal.Rptr. 115, 755 P.2d 299.) \u201cIf the plain language of a statute is unambiguous, no court need, or should, go beyond that pure expression of legislative intent.\u201d (Kobzoff v. Los Angeles County Harbor Medical Center (1998) 19 Cal.4th 851, 861, 80 Cal.Rptr.2d 803, 968 P.2d 514.) Moreover, courts should not read the statutory language in isolation, \u201cbut rather in context, keeping in mind the nature and obvious purpose of the statute.\u201d (Covino v. Governing Board (1977) 76 Cal.App.3d 314, 318, 142 Cal.Rptr. 812 (Covino corollary to this rule is that the various parts of the statutory enactment must be harmonized by considering the particular phrase, clause or section in the context of the statutory framework as a whole [citations].\u201d (Ibid.) We apply these rules to determine the scope of section 87485. Title 3, Division 7, Part 51, Chapter 3 of the Education Code governs the employment rights of community college faculty. (Stryker, supra, 100 Cal.App.4th 324, 122 Cal.Rptr.2d 489; \u00a7 87400 et seq.) It is significant that section 87485 appears under Article 1, \u201cGeneral Provisions.\u201d By its terms, section 87485 renders null and void any agreement to waive the benefits of Chapter 3, \u201cEmployment.\u201d (\u00a7 87485, italics added.) The only exception is an agreement pertaining to reductions in force under section 87744, which appears in the more specific Article 6.5, \u201cReduction in Services.\u201d Courts have applied section 87485 and its predecessor, section 13338.1, to bar waiver of statutory classification and tenure rights. (See Stryker, supra, 100 Cal.App.4th 324, 122 Cal.Rptr.2d 489; Kalina v. San Mateo Community College Dist. (1982) 132 Cal.App.3d 48, 183 Cal.Rptr. 12; Covino, supra, 76 Cal.App.3d 314, 142 Cal.Rptr. 812.) The common denominator in these cases, and the case before us, is the faculty member's waiver of a statutory right set forth in Chapter 3 of the Education Code. We therefore reject the District's attempt to distinguish Stryker on grounds it did not involve discipline. 2/17/25, 12:01 v (2009) | FindLaw 4/14 Citing Campbell v. Graham-Armstrong (1973) 9 Cal.3d 482, 486-487, 107 Cal.Rptr. 777, 509 P.2d 689 (Campbell ), the District maintains that the purpose of section 87485 (former section 13338.1) is \u201cto ensure that part-time employment is not outlawed\u2024\u201d It argues that the Legislature took action to enact former section 13338.1 following an earlier Supreme Court decision, because of its concern that school or community college districts \u201cwould circumvent the classification system and deprive public employees of the salary that accompanies a proper classification.\u201d The District misreads Campbell. The court's reference to part-time employment was directed to the second paragraph of former section 13338.1, repeated in substance in the second paragraph of section 87485 as: \u201cNotwithstanding provisions of this or any other section of this code, governing boards of community college districts may employ persons in positions requiring certification qualifications on less than a full-time basis.\u201d (Campbell, supra, 9 Cal.3d at p. 487, 107 Cal.Rptr. 777, 509 P.2d 689.) Nothing in Campbell defines or limits the purpose of the first paragraph of former section 13338.1 in the manner the District suggests. Next, the District cites Civil Code section 3513 and suggests that Farahani could lawfully waive the statutory due process protections because they were solely for his private benefit. In Covino, supra, 76 Cal.App.3d at page 322, 142 Cal.Rptr. 812, the court expressly rejected the same argument and articulated the relevant public policy concerns: \u201c[W]hile as a general rule anyone may waive the advantage of law intended solely for his benefit, a law established for a public reason cannot be waived or circumvented by a private act or agreement (Civ.Code \u00a7 3513 \u2024). Teachers are public employees and their tenure rights elaborately regulated by the Education Code reflect the public policy of the state\u2024 \u2018Legislation which is enacted with the object of promoting the welfare of large classes of workers whose personal services constitute their means of livelihood and which is calculated to confer direct or indirect benefits upon the people as a whole must be presumed to have been enacted for a public reason and as an expression of public policy in the field to which the legislation relates.\u2019 \u201d The statutory due process rights afforded community college faculty reflect the same public policy, which, in our view, outweighs the competing policies cited by the District. Here, the Agreement and Release required Farahani to waive the benefit of those statutory rights in connection with the 2004 complaints as well as in the future, rendering it impossible for Farahani to challenge the substance of the new complaints against him. Civil Code section 3513 does not render lawful Farahani's waiver of due process rights. In concluding that the Agreement and Release were \u201cnull and void\u201d under section 87485, we reject two additional points raised in opposition to Farahani's petition. First, the District argues that the unfairness of the relief sought by Farahani is \u201cstrikingly similar\u201d to the unfairness discussed in Leithliter v. Board of Trustees (1970) 12 Cal.App.3d 1095, 91 Cal.Rptr. 215. That case is readily distinguishable. The petitioners in Leithliter did not claim they were terminated without due process. Because they had voluntarily resigned from their teaching position, the court did not apply former section 13338.1 and dismissed the appeals as moot. (Leithliter, supra, at pp. 1097, 1099-1100, 1101, 91 Cal.Rptr. 215.) Second, the District argues without citation to authority that even if the Agreement was void as against public policy, Farahani's petition was barred by the covenant not to sue contained in the Release. The 2/17/25, 12:01 v (2009) | FindLaw 5/14 District fails to explain how the waivers contained in the Release were outside the scope of section 87485. III. Defenses to Farahani's Petition The court rejected the District's three affirmative defenses to Farahani's petition. We address each in turn. A. Laches: \u201c \u2018The defense of laches requires unreasonable delay plus either acquiescence in the act about which plaintiff complains or prejudice to the defendant resulting from the delay.\u2019 [Citation.]\u201d (Johnson v. City of Loma Linda (2000) 24 Cal.4th 61, 68, 99 Cal.Rptr.2d 316, 5 P.3d 874.) Prejudice is not presumed from the simple fact of delay; it must be affirmatively shown. (Piscioneri v. City of Ontario (2002) 95 Cal.App.4th 1037, 1049, 116 Cal.Rptr.2d 38.) In determining whether a defendant has sustained its burden of proving laches, the court may consider the extent to which the defendant is partially responsible for the delay. (Ibid.) \u201cLaches is an equitable defense, the existence of which is a matter commended to the discretion of the trial court, \u2018and in the absence of manifest injustice or lack of substantial support in the evidence, the trial court's determination will be sustained.\u2019 [Citation.]\u201d (In re Marriage of Powers (1990) 218 Cal.App.3d 626, 643, 267 Cal.Rptr. 350.) The District contends that Farahani's petition is barred by laches because he filed it nine months after his termination and the District was prejudiced by the delay. The court rejected the District's arguments and found that the delay was not unreasonable. It noted that Farahani advised the District one month after his termination that he was challenging the summary action which denied him the right to a hearing. Citing Carroll's declaration, the court also found that the District failed to demonstrate prejudice. The court stated that \u201cany prejudice incurred by [the District] was of [its] choosing inasmuch as Petitioner's position was not filled until months after this writ petition was filed.\u201d On appeal, the District argues for the first time that the delay giving rise to the defense of laches includes Farahani's failure to challenge the Agreement at the time he signed it, in addition to his delay in filing the petition. The District maintains that the unreasonable delay prejudiced the District in three ways. First, Farahani has been replaced and it \u201ccannot simply terminate the replacement employee at-will.\u201d Second, if Farahani is awarded backpay, \u201cthe District will essentially be paying twice for the same position due [to] Mr. Farahani's conduct\u2024\u201d Third, if the District is required to conduct a hearing regarding its intent to suspend Farahani for one year without pay, it \u201cwould have great difficulty tracking down [those] witnesses.\u201d The District also argues that the court's findings \u201ccreate[ ] an inefficient and impractical policy that would require a public entity \u2024 to stop its hiring process \u2024 any time a terminated employee challenges their dismissal.\u201d 2/17/25, 12:01 v (2009) | FindLaw 6/14 The record supports the court's factual findings on the questions of unreasonableness and prejudice. The question whether Farahani's failure to challenge the Agreement itself constitutes laches is not properly before us. (Cinnamon Square Shopping Center v. Meadowlark Enterprises (1994) 24 Cal.App.4th 1837, 1844, 30 Cal.Rptr.2d 697 [an appellate court will consider only issues raised below].) We agree with the trial court that the prejudice claimed by the District was the result of the District's own illegal actions terminating Farahani without a hearing and expressly informing him that he had no right to an appeal. The Education Code provides safeguards for both the District and the faculty in the hiring and firing process. (See \u00a7 87400 et seq.) In our view, compliance with statutory due process guarantees is consistent with public policy. (See Covino, supra, 76 Cal.App.3d at p. 322, 142 Cal.Rptr. 812.) For these reasons we conclude that the court did not abuse its discretion in rejecting the District's laches defense. B. Unclean Hands: The doctrine of unclean hands rests on the maxim that \u201c \u2018he who comes into equity must come with clean hands.\u2019 [Citation.]\u201d (Camp v. Jeffer, Mangels, Butler & Marmaro (1995) 35 Cal.App.4th 620, 638, 41 Cal.Rptr.2d 329.) \u201c \u2018 \u201cIt \u2024 closes the doors of a court of equity to one tainted with inequitableness or bad faith relative to the matter in which he seeks relief, however improper may have been the behavior of the defendant.\u201d \u2019 [Citation.]\u201d (Ibid.) The decision whether to apply the unclean hands defense is a matter within the trial court's discretion. (Dickson, Carlson & Campillo v. Pole (2000) 83 Cal.App.4th 436, 447, 99 Cal.Rptr.2d 678.) In exercising this discretion, the court \u201cmust consider the material facts affecting the equities between the parties\u2024\u201d (Ibid.) The District argues that because Farahani was advised by the Union attorney that the Agreement was unenforceable, he signed it with no intention of performing. The District therefore contends that \u201cit is inherently inequitable to allow Mr. Farahani to be reinstated and to receive backpay on the basis that he was terminated without a hearing, given that the sole reason he was not provided a hearing is because he agreed to waive such rights and the District believed him.\u201d The trial court found that the doctrine of unclean hands was inapplicable to the facts of this case. We conclude there was no abuse of discretion. The difficulty with the District's argument is that the Agreement itself was contrary to the express language of section 87485 and unenforceable as a matter of law. Murillo v. Rite Stuff Foods, Inc. (1998) 65 Cal.App.4th 833, 77 Cal.Rptr.2d 12 and Camp, supra, 35 Cal.App.4th 620, 41 Cal.Rptr.2d 329, the cases cited by the District in support of applying unclean hands in the employment context, are distinguishable. The District presented Farahani with a Hobson's choice between two \u201cbad,\u201d indeed illegal, options. Contrary to the District's argument, there is nothing in the record to suggest that Farahani signed the Agreement with the intent of not performing. The record supports a conclusion that Farahani followed the Union attorney's advice to take the pragmatic course and sign the Agreement. 2/17/25, 12:01 v (2009) | FindLaw 7/14 C. Exhaustion of Remedies: Under the exhaustion of remedies doctrine, \u201cwhere an administrative remedy is provided by statute, relief must be sought from the administrative body and this remedy exhausted before the courts will act.\u201d (California Correctional Peace Officers Assn. v. State Personnel Bd. (1995) 10 Cal.4th 1133, 1148, 43 Cal.Rptr.2d 693, 899 P.2d 79.) The same rule applies to a party to a collective bargaining agreement that provides grievance and arbitration machinery for the settlement of disputes. (Cone v. Union Oil Co. of Cal. (1954) 129 Cal.App.2d 558, 563-564, 277 P.2d 464.) Failure to exhaust administrative remedies is a procedural prerequisite to judicial action. (Green v. City of Oceanside (1987) 194 Cal.App.3d 212, 219-222, 239 Cal.Rptr. 470; but see Lopez v. Civil Service Com. (1991) 232 Cal.App.3d 307, 311, 283 Cal.Rptr. 447 [exhaustion of administrative remedies jurisdictional].) The trial court rejected the District's claim that Farahani failed to exhaust administrative remedies, stating that the District was \u201cprecluded from arguing this defense when by [their] own conduct they advised Petitioner he had no rights of appeal.\u201d The District contends that the court's erroneous ruling \u201cappears to stem from confusion between the appeal procedure provided by statute and the grievance procedure provided by the collective bargaining agreement Farahani was subject to.\u201d It suggests that the word \u201cappeal\u201d in the chancellor's termination letter referred only to the statutory hearing and appeal rights which were \u201cseparate and distinct from the grievance procedures set out in the collective bargaining agreement.\u201d There is no merit in the District's contention. The same exception applies to either type of \u201cappeal.\u201d Plaintiff need not exhaust administrative remedies provided by statute if the agency has already rejected the claim, announced its position on the claim or made clear it would not consider the plaintiff's evidence. (Doster v. County of San Diego (1988) 203 Cal.App.3d 257, 260-261, 251 Cal.Rptr. 507; Huntington Beach Police Officers' Assn. v. City of Huntington Beach (1976) 58 Cal.App.3d 492, 498-499, 129 Cal.Rptr. 893.) An employee need not exhaust collective bargaining grievance procedures if the employer repudiates those procedures. (Sidhu v. Flecto Co., Inc. (2002) 279 F.3d 896, 898.) Where that occurs, the employer is \u201c \u2018estopped by his own conduct to rely on the unexhausted grievance and arbitration procedures as a defense to the employee's cause of action.\u2019 [Citation.]\u201d (Ibid.) Here, the record supports the trial court finding that the District was estopped by its own conduct from relying on the exhaustion doctrine. The chancellor's termination letter and the District's subsequent response to the July 14, 2006, letter from Farahani's attorney demonstrate that the District's denial of \u201cappeal rights\u201d was unequivocal and encompassed all avenues of appeal. The trial court could reasonably assume that the chancellor was aware of the two means of challenging the termination. Moreover, the Union president's approval of the Agreement supports a conclusion that the participants were aware of the collective bargaining rights Farahani was signing away. Indeed, the District's trial brief refers to the grievance procedure under the collective bargaining agreement as an \u201cappeal of 2/17/25, 12:01 v (2009) | FindLaw 8/14 discipline.\u201d We conclude that the court was correct in finding that the exhaustion of remedies doctrine did not apply. IV. The Back Pay Award Farahani states in his brief on appeal that because the trial court was correct on the merits of his petition, it was also correct in awarding him reinstatement with back pay and benefits. The District's reply brief appears to challenge the merits of the back pay award for the first time. That issue is not properly before us. (Reichardt v. Hoffman (1997) 52 Cal.App.4th 754, 764-765, 60 Cal.Rptr.2d 770 The judgment is affirmed. Farahani is entitled to costs on appeal. (Cal. Rules of Court, rule 8.278(a) (1).) McINTYRE CONCUR: BENKE, Acting P.J., and HUFFMAN, J. Was this helpful? Yes No Welcome to FindLaw's Cases & Codes free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law. 2/17/25, 12:01 v (2009) | FindLaw 9/14 Go to Learn About the Law v (2009) Docket No: No. D054087. Decided: July 28, 2009 Court: Court of Appeal, Fourth District, Division 1, California. 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 Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 For Legal Professionals 2/17/25, 12:01 v (2009) | FindLaw 10/14 \uf105Law Students 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 Get email updates from FindLaw Legal Professionals 2/17/25, 12:01 v (2009) | FindLaw 11/14 Enter your email address to subscribe * Indicates required field Learn more about FindLaw\u2019s newsletters, including our terms of use and privacy policy. 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Sign up for our consumer newsletter \uf105 Our Team Accessibility Contact Us \uf105 By Location By Legal Issue By Lawyer Profiles By Name Legal Forms & Services Learn About the Law State Laws U.S. Caselaw U.S. Codes Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > | Privacy > | Disclaimer > | Cookies > 2/17/25, 12:01 v (2009) | FindLaw 14/14", "7428_102.pdf": "\uf003 Firm Announcement Kronick in the Media Legal Alerts < Publications and Articles Community College Faculty Member\u2019s Agreement To Waive His Due Process Rights In Disciplinary Matter Is Null And Void Legal Alerts are a special Kronick publication providing timely information on the latest court Home > News > Legal Alerts August 27, 2009 In Farahani v. San Diego Community College District, (\u2014 Cal.Rptr.3d \u2014-, Cal.App. 4 Dist., July 28, 2009) a California Court of Appeal considered whether a \u201clast change agreement\u201d between a community college and a faculty member under which the faculty member waived his statutory due process rights relating to a disciplinary matter is invalid under Education Code section 87485. The Court of Appeal held that section 87485 renders the agreement \u201cnull and void.\u201d Facts Sam H. Farahani (\u201cFarahani\u201d) was a tenured professor at Mesa College and worked for the San Diego Community College District (\u201cDistrict\u201d) for 18 years prior to District terminating him in June 2006. District received numerous complaints from female students and staff regarding unwanted sexual and social advances made by Farahani 2/17/25, 12:01 Community College Faculty Member's Agreement To Waive His Due Process Rights In Disciplinary Matter Is Null And Void - Kronick 1/5 decisions and legislative developments. Legal Alerts do not represent the legal opinion of the firm or any member of the firm on the issues described, and the information contained in Legal Alerts should not be construed as legal advice. Should further analysis or explanation of the subject matter be required, please contact the attorney with whom you normally consult. District gave Farahani a written reprimand in October 2000 for misconduct related to these complaints. District sent Farahani a \u201cNotice of Pre-Disciplinary Hearing: Suspension\u201d on September 20, 2004, which threatened a one-year suspension without pay for \u201ca continuing pattern of inappropriate behavior toward students and employees over several years.\u201d No hearing took place. Instead, in November 2004, the attorney for the American Federation of Teachers Guild, California Federation of Teachers Local 1931 (\u201cUnion\u201d) presented Farahani with a \u201clast chance agreement\u201d (\u201cAgreement\u201d). The attorney told Farahani that District would suspend him for a year if he did not sign the Agreement. The Agreement provided that Farahani must accept a reduction in pay equal to a month\u2019s salary and he must refrain from conduct that constitutes sexual harassment for 18 months. The Agreement also provided \u201cthat if Farahani failed to comply with its provisions he could be \u2018terminated at the Chancellor\u2019s discretion, without the issuance of charges under the Education Code or District policies and without right of appeal . . . .'\u201d The Agreement contained a \u201cRelease\u201d which included the following: \u201c\u2018Farahani waives any and all appeal rights he may otherwise have to challenge the discipline or otherwise pursue any appeal relating to the pre- disciplinary notice.'\u201d Although Union\u2019s attorney told Farahani that the agreement was probably not legal, he encouraged Farahani to sign the Agreement and Farahani followed his advice. During the 18 months the Agreement was in effect, District received new complaints from female employees about Farahani\u2019s behavior. The Chancellor terminated Farahani on June 9, 2006. District sent Farahani a termination letter that stated, \u201cSince you are being terminated from employment because of a violation of the [Agreement], you do not have a right of appeal.\u201d Farahani requested reinstatement and an opportunity to meet with District\u2019s governing board, but he received no response from District. Farahani\u2019s attorney wrote a letter to District 2/17/25, 12:01 Community College Faculty Member's Agreement To Waive His Due Process Rights In Disciplinary Matter Is Null And Void - Kronick 2/5 demanding reinstatement but District replied that, under the terms of the Agreement, Farahani was not entitled to the issuance of formal charges or a right to appeal. Farahani filed a lawsuit against District. The trial court found in favor of Farahani. District appealed the trial court\u2019s decision. Decision The Court of Appeal held that Education Code section 87485 renders the Agreement \u201cnull and void.\u201d Education Code section 87485 provides, \u201cExcept as provided in Section 87744, any contract or agreement, express or implied, made by any employee to waive the benefits of this chapter or any part thereof is null and void.\u201d The benefits referred to include \u201cdue process rights granted to community college faculty members in disciplinary matters including the right to notice, opportunity to object, a hearing before an arbitrator or administrative law judge, and a decision by the governing board.\u201d District asserted that section 87485 is inapplicable to the Agreement and Release at issue. The Court of Appeal disagreed. Education Code, Title 3, Division 7, Part 51, Chapter 3 governs the rights of community college faculty members. \u201cBy its terms, section 87485 renders null and void any agreement to waive the benefits of Chapter 3, \u2018Employment.\u2019\u201d The only exception authorized by section 87485 pertains to reductions in force under section 87744. The Agreement attempts to waive statutory rights granted by Chapter 3 of the Education Code. Thus, the court concluded that the Agreement and Release signed by Farahani were \u201cnull and void\u201d under section 87485. The court rejected District\u2019s defenses of laches and unclean hands. District was not prejudiced by Farahani waiting nine months after his termination to file his petition or by Farahani\u2019s failure to challenge the Agreement at the time he signed it. District argued Farahani signed the Agreement with no intention of performing its terms. The 2/17/25, 12:01 Community College Faculty Member's Agreement To Waive His Due Process Rights In Disciplinary Matter Is Null And Void - Kronick 3/5 court found the unclean hands defense was not applicable because District presented Farahani with two illegal options and Union\u2019s attorney told Farahani to sign the Agreement. The court also rejected District\u2019s claim that Farahani failed to exhaust his administrative remedies before filing his lawsuit. The exhaustion of administrative remedies doctrine provides that \u201cwhere an administrative remedy is provided by statute, relief must be sought from the administrative body and this remedy [must be] exhausted before the courts will act.\u201d The doctrine applies where a collective bargaining agreement \u201cprovides grievance and arbitration machinery for the settlement of disputes.\u201d District argued that Farahani was required to complete the grievance procedure provided by the collective bargaining agreement (\u201cCBA\u201d) to which he was a party. District claimed that the word \u201cappeal\u201d in the termination letter only applied to statutory hearing and appeal rights, not those available under the CBA. The court rejected this argument finding that \u201cthe same exception applies to either type of \u2018appeal plaintiff need not exhaust statutory administrative remedies \u201cif the agency has already rejected the claim, announced its position on the claim or made it clear it would not consider the plaintiff\u2019s evidence.\u201d Similarly, an employee does not have to exhaust the grievance procedures under a collective bargaining agreement \u201cif the employer repudiates those procedures.\u201d If an employer repudiates such grievance procedures, the employer may not rely on this conduct as a defense to an employee\u2019s cause of action. The court found that \u201cDistrict was estopped by its own conduct from relying on the exhaustion doctrine.\u201d District twice informed Farahani that he had no right to appeal. The District\u2019s denial of Farahani\u2019s appeal rights \u201cwas unequivocal and encompassed all avenues of appeal.\u201d Also, Union\u2019s president approved the Agreement, a fact which \u201csupports the conclusion that the participants were 2/17/25, 12:01 Community College Faculty Member's Agreement To Waive His Due Process Rights In Disciplinary Matter Is Null And Void - Kronick 4/5 aware of the collective bargaining rights Farahani was signing away.\u201d What This Means To You This court decision makes it much more difficult for community college districts to enter into \u201clast-chance\u201d agreements with problem employees. Community college district, and by analogy K-12 district and County offices will have to use more formal methods of progressive discipline instead of \u201clast chance\u201d type agreements. Questions If you have any questions concerning the content of this Legal Alert, please contact the following from our office, or the attorney with whom you normally consult. Diana Halpenny | 916.321.4500 \uf09a \uf08c \uf16d \uf167 Invoice Payments | Trust Deposit/Retainer Payments 1331 Garden Hwy, 2nd Floor Sacramento 95833 Tel: (916) 321-4500 Fax: (916) 321-4555 Get Directions 3400 Douglas Boulevard, Suite 200 Roseville 95661 Tel: (916) 321-4500 Fax: (916) 321-4555 Get Directions Privacy Policy 2/17/25, 12:01 Community College Faculty Member's Agreement To Waive His Due Process Rights In Disciplinary Matter Is Null And Void - Kronick 5/5"} |
7,893 | Jack Lessenberry | Wayne State University | [
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"7893_107.pdf"
] | {"7893_101.pdf": "Former professor violated sexual harassment policies, investigation finds Omar Abdel-Baqui Jul 19, 2018 Miriam Marini Former Wayne State journalism department head Jack Lessenberry violated the university\u2019s non-discrimination and sexual harassment policies while he was employed at WSU, an independent investigation found. 2/17/25, 12:02 Former professor violated sexual harassment policies, investigation finds | News | thesouthend.wayne.edu 1/3 has accepted the investigation\u2019s findings and concluded Lessenberry\u2019s actions were \u201csufficient basis for termination,\u201d according to a letter sent by Associate General Counsel Linda Galante. However, Lessenberry resigned from on June 22, while the investigation was ongoing. \u201cWe deeply regret that Wayne State students have been subjected to this type of inappropriate behavior, and we hope this brings some closure to those students who were mistreated by Mr. Lessenberry,\u201d Galante said. Attorney Tara Mahoney managed the private investigation; she conducted 20 interviews, which primarily consisted of faculty members and former students who worked with Lessenberry. Lessenberry declined to engage in an interview with Mahoney, according to the investigative report. Lessenberry frequently made comments regarding the physical attraction of female students, according to the report. He also engaged in physical contact with female students. \u201cLessenberry had physical contact with at least five students ranging from putting his hand on a student\u2019s shoulder to hugging students to engaging in a passionate relationship,\u201d the report stated. Some students changed how they dressed, the makeup they wore, and avoided being alone in the same room as Lessenberry in response to his actions and comments. In one instance, Lessenberry repeatedly invited a female student, who graduated in 2017, to dinner, which she continually declined. The student eventually said \u201c\u2018yes\u2019 because she feared consequences if she said \u2018no,\u2019\u201d according to the report. At that dinner, Lessenberry inched closer to the student and put his hand on her thigh. Lessenberry attempted to kiss the same student on the lips in his office. \u201cThe student was shocked and uncomfortable,\u201d the report stated. At one point, Lessenberry emailed the student saying \u201cSome day shall kiss you; the jail time will be worth it.\u201d 2/17/25, 12:02 Former professor violated sexual harassment policies, investigation finds | News | thesouthend.wayne.edu 2/3 The investigation also found that Lessenberry had a relationship with a student who graduated in 2015 \u201cthat included the exchange of loving, passionate cards, and a physical relationship that consisted in part of numerous passionate kissing sessions (including in Mr. Lessenberry\u2019s office and car) over a several month time period.\u201d Following sexual misconduct allegations against Lessenberry published in May by Detroit-based news site Deadline Detroit, Lessenberry resigned from the Detroit Metro Times and Michigan Radio. He initially stayed at until resigning in late June. He still holds the position of ombudsman at the Toledo Blade and has a radio show on (910 AM). The Department of Communication is expected to name Lessenberry\u2019s replacement prior to the upcoming semester. Omar Abdel-Baqui is managing editor of The South End. He can be reached at gg6739@wayne.edu. 2/17/25, 12:02 Former professor violated sexual harassment policies, investigation finds | News | thesouthend.wayne.edu 3/3", "7893_102.pdf": "WSU: Lessenberry harassed students; would have been fired Published 6:37 p.m July 18, 2018 Updated 10:39 p.m July 18, 2018 Detroit \u2014 The former head of Wayne State University's journalism program would have been fired for sexual harassment if he hadn't resigned, the school said Wednesday school official told an alleged victim in an email Wednesday that an investigation found journalism director Jack Lessenberry had violated school rules on non-discrimination and sexual harassment. \"Wayne State views these findings as a sufficient basis for termination,\" wrote Linda Galante, the school's associate general counsel. Galante said Lessenberry was given a chance to participate in the investigation into alleged misconduct with women but declined to do so. He resigned in June while the probe was ongoing. The email didn't describe specifics about the alleged harassment or the ensuing investigation by private attorney Tara Mahoney. Lessenberry, a longtime figure in Detroit journalism in various guises, was the subject of a critical story in May on Deadline Detroit that accused him of a \"long history of questionable behavior with women.\" Contacted by The Detroit News on Wednesday, Lessenberry said he didn't participate in the investigation because he believed it was a preordained process would like to say that never intended to harass anyone and wish all of my former students well,\" he wrote in an email. Francis X. Donnelly The Detroit News 2/17/25, 12:02 WSU: Lessenberry harassed students; would have been fired 1/2 Lessenberry also said that, during his 25 years at Wayne State, no one had ever filed a formal harassment complaint against him. Despite the school's findings, Lessenberry's boss at radio station 910 said he has no intention of removing him from his two-hour morning slot. Station owner Kevin Adell, who hired Lessenberry amid the controversy in June, had said earlier the accusations hadn't been proven. Contacted by The News on Wednesday, Adell said he wasn't familiar with the details of the investigation haven't seen it first-hand but it won't change my opinion,\" he said. \"Jack is very good. He's doing a great job.\" The school, in its email to the alleged victim, referred to more than one victim. It also apologized for Lessenberry's actions. \"We deeply regret that Wayne State students have been subjected to this type of inappropriate behavior,\" wrote Galante. \"We hope this brings some closure to those students who were mistreated by Mr. Lessenberry.\" Galante and school officials could not be reached for comment about the investigation. Deadline Detroit reported he allegedly made inappropriate remarks and paid undue attention to women stretching back to the 1990s, when he was an editor at the Commercial Appeal in Memphis and continuing at Wayne State. After the report, Lessenberry resigned as a political analyst for Michigan Radio and, after being suspended, quit as a columnist at Metro Times. Lessenberry also served as the ombudsman and writing coach at the Toledo Blade. Leaders with the Toledo Newspaper Guild, which represents employees at the publication, had called for his firing when news about the accusations first broke, president Nolan Rosenkrans wrote on Twitter on Wednesday. \"They said they'd wait on WSU's report. Now that it's here, I'm reiterating our call to fire Lessenberry,\" he tweeted. \"It should have happened months ago, but it's never too late to do the right thing.\" 2/17/25, 12:02 WSU: Lessenberry harassed students; would have been fired 2/2", "7893_103.pdf": "Jack's Take investigation: Lessenberry violated non- discrimination, sexual harassment policies Michigan Public | By Ben Thorp Published July 19, 2018 at 8:07 An investigation into the conduct of former Wayne State University journalism instructor Jack Lessenberry finds a pattern of sexual harassment and inappropriate behavior. Lessenberry resigned from the university in June following resignations as a contributor at Michigan Radio and the Detroit Metro Times. In documents obtained by the Michigan Public Radio Network, an investigator outlined allegations of Lessenberry\u2019s most egregious behavior, which dated back to 2005. They Donate World Service Michigan Public 2/17/25, 12:02 investigation: Lessenberry violated non-discrimination, sexual harassment policies 1/7 include inappropriate remarks, unwanted attention and kissing, and retaliating against students who rebuffed him. \u201cStudent is a recent student, in her early 20s, who graduated in 2015,\u201d the report says. \"Mr. Lessenberry and the student had an ongoing relationship that included the exchange of loving, passionate cards and a physical relationship that consisted in part of numerous passionate kissing sessions (including in Mr. Lessenberry\u2019s office and car) over a several month time period.\" Eventually the student decided she would no longer see Lessenberry. \u201cMr. Lessenberry reportedly became irate,\" the investigator writes. \"He threatened to fail the student in both her final class with him and the independent study. The student finished the class with Mr. Lessenberry and received an A. Mr. Lessenberry, however, refused to allow her to withdraw from the independent study and an incomplete remains on the student\u2019s transcript.\" The investigator, Tara Mahoney of Detroit's Honigman law firm, says she would have recommended termination of Lessenberry's employment had he not already resigned. \u201cBased on the \u2026 findings, Mr. Lessenberry\u2019s actions violated several policies, including, but not limited to, the Wayne State University Non-Discrimination/Affirmative Action Policy and the Sexual Harassment Statute, and potentially the Policy 01-5 Sexual Assault based on the \u2018intentional, unconsented, unwelcome physical contact\u2019 described herein.\u201d Lessenberry could not be reached for comment. Tags News Jack Lessenberry World Service Michigan Public 2/17/25, 12:02 investigation: Lessenberry violated non-discrimination, sexual harassment policies 2/7 Latest Stories National boycott of Tesla urged to protest what activists call \"Elon Musk's moves to destroy our democracy\" In \"When Detroit Played the Numbers,\" Felicia B. George looks at illegal gambling's heyday Michigan Dems raise fears over Trump plans for Education Dept Court terrorism law unconstitutional World Service Michigan Public 2/17/25, 12:02 investigation: Lessenberry violated non-discrimination, sexual harassment policies 3/7 This flu season is already pretty bad; it could be worse by the time it's over Moms, babies in parts of the Upper Peninsula will now get cash aid Related Content News Jack Lessenberry resigning from Michigan Radio amid harassment allegations Steve Carmody, May 23, 2018 Jack Lessenberry, Michigan Radio\u2019s longtime senior political analyst, is resigning.Lessenberry\u2019s resignation comes as a growing number of women accuse him World Service Michigan Public 2/17/25, 12:02 investigation: Lessenberry violated non-discrimination, sexual harassment policies 4/7 Station News Michigan Radio senior management declines interview request to discuss Lessenberry\u2019s resignation Stateside Staff, May 24, 2018 Michigan Radio\u2019s longtime senior news analyst Jack Lessenberry announced Tuesday he's stepping down.His resignation comes after a May 17 story in Deadline World Service Michigan Public 2/17/25, 12:02 investigation: Lessenberry violated non-discrimination, sexual harassment policies 5/7 Stay Connected \u00a9 2025 Contact Us Work with Us Public Documents Michigan Public Hourly News News Jack Lessenberry quits Wayne State journalism post Sarah Hulett, June 23, 2018 Former Michigan Radio political analyst Jack Lessenberry has resigned as head of Wayne State University's journalism program in the wake of sexual World Service Michigan Public 2/17/25, 12:02 investigation: Lessenberry violated non-discrimination, sexual harassment policies 6/7 Contest Rules Privacy & Terms of Use Applications World Service Michigan Public 2/17/25, 12:02 investigation: Lessenberry violated non-discrimination, sexual harassment policies 7/7", "7893_104.pdf": "\u00d7 Search Deadline Detroit Home Articles Deadline Tv Detroit Digest Craig Fahle Charlie LeDuff About Contact Advertise With Us Privacy Terms \u2630 Get our newsletter February 17, 2025 | 22 Clouds Search Home Articles Deadline Detroit Digest Media Jack Lessenberry's Long History of Questionable Behavior with Women Tweet Share 2/17/25, 12:02 Deadline Detroit | Jack Lessenberry's Long History of Questionable Behavior with Women 1/11 May 17, 2018, 7:36 The authors, 2004 graduates of Wayne State University, are freelance writers and former students of Jack Lessenberry. This article is based on a seven-month project. Deadline Detroit contributor Ben Duell Fraser contributed. \u2666 Read about the reporting process. See Lessenberry's full response and a reaction roundup. \u2666 Update: An independent investigation, requested by a day after this article, produced dramatic findings in July. By Evelyn Aschenbrenner and Peg McNichol Amber Hunt, an award-winning reporter and Wayne State journalism graduate, recalled her reaction as allegations about sexual harassment and other inappropriate behavior of Miramax Harvey Weinstein began to unfold wonder whether the Weinstein sweep will ensnare Lessenberry?\" Hunt asked her husband. Nearly 500 miles away, another award-winning journalist -- former Memphis Commercial Appeal reporter Diana Aitchison -- made an almost-identical remark to her husband. The two women never met, and nearly 20 years separates their experience. Both Hunt and Aitchison were referring to Jack Lessenberry, one of Michigan's best-known journalists. Lessenberry was a foreign correspondent and national editor at The Detroit News, assistant managing editor at the Memphis Commercial Appeal and editor-in-chief of Detroit Monthly and Corporate Detroit magazines. He's currently senior political analyst for Michigan Public Radio, a columnist for Metro Times, and host of a public affairs show on Toledo's Channel 30, where he's also the ombudsman and writing coach for that city's newspaper. The Metropolitan Detroit Chapter of the Society of Professional Journalists named him Journalist of the Year in 2002 and last year honored him with a Lifetime Achievement Award. 2/17/25, 12:02 Deadline Detroit | Jack Lessenberry's Long History of Questionable Behavior with Women 2/11 Jack Lessenberry, shown at a Society of Professional Journalists awards event in 2017, is among Michigan's best- known newsmen. (Facebook photo) Lessenberry, 66, also heads the journalism faculty at Wayne State University, where he began as lecturer in 1993 and now oversees the communications department's internship program, which includes print and broadcast journalism, public relations and other specialized media programs. The veteran newsman's supersized influence can make or break a student's career, so many students are understandably reluctant to cross or alienate him. Complaints by Colleagues and Students Lessenberry, who is divorced since 2009 and lives with his partner Elizabeth Zerwekh in Huntington Woods, has a long and sometimes documented history of allegations that he misused his power and influence when dealing with female colleagues and students. Deadline Detroit has chronicled a half-dozen allegations from women who say he acted inappropriately, made inappropriate remarks or repeatedly showed unwanted attention, earning him the nickname \"Letchenberry,\" among some Wayne State University students. These claims from past newsroom colleagues and students involve actions from around 1990, when he was a manager at the Commercial Appeal in Memphis, through 2009 as a lecturer. One accusation is that Lessenberry, while giving a female student a ride home, squeezed her thigh after saying that some people might do \"anything\" for a better grade. Another involves allegations Lessenberry repeatedly commented on a student's looks and once remarked on the size of her breasts. In 1991, two years before coming to WSU, about a dozen female reporters and editors at the Memphis Commercial Appeal retained an attorney to protest the \"sexually hostile working environment in the editorial department\" they say he fostered. Among the allegations were unwanted advances and attention, unsolicited neck rubs and two instances when Lessenberry allegedly arrived unannounced at a reporter's home, the second time trying to kiss her in the doorway, but was pushed away. \"There has been no one else I've known of, and certainly no one in the newsroom for the 27 years and six months was there, who created the havoc, the turmoil, the hatred, and sickness he did with women,\" recalled former copy editor and Commercial Appeal union leader Anita Houk in a recent interview. Lessenberry admits to some missteps at the Commercial Appeal, but overall, says the accusations there and at Wayne State are untrue, including the alleged forced kissing. Unseemly Behavior After being forced out of the Commercial Appeal in 1991 after facing allegations of sexual harassment, he was hired by Wayne State University. Former female students allege that Lessenberry continued to engage in inappropriate behavior, including inappropriate remarks or showering women with unwanted attention. Three people say they complained about alleged inappropriate behavior in 2005-07 to the head of the program, Ben Burns, on behalf of other female students. Two of those speaking to Burns were then-adjunct instructor M.L. Elrick, who won a Pulitzer Prize in 2009, and Amber Hunt, who went on to become part of a Pulitzer Prize team in Cincinnati in 2018. Lessenberry remained on the job and eventually became head of the journalism area. Burns died in 2012. In addition to the chronicled incidents, a current female student who has taken Lessenberry's class, says he continues to make questionable comments to women in the class that make them uncomfortable. \"He's made comments about my hair. Oh, you got such nice hair. It's seemingly innocent . . . but it lingers just a bit a too long. \"He puts everybody in awkward positions, but when you make comments about bodies or clothing or hairstyles . . . it's always about women have a friend . . . a bit younger. She had him. She wore a skirt one day, and he mentioned something about her legs. 'That's the last time wear a skirt in his class, ever again' she told me.\" Recollections of Discomfort 2/17/25, 12:02 Deadline Detroit | Jack Lessenberry's Long History of Questionable Behavior with Women 3/11 While the allegations fall far short of the ones that cost Harvey Weinstein and Charlie Rose their positions, they're significant enough that some of the women interviewed -- including Hunt and Aitchison -- immediately thought of Lessenberry when the #MeToo movement surfaced last fall and women began going public about allegations. So for the first time, they've agreed to speak out publicly. \"I'm not worried about fans of Jack's not liking what say,\" says Hunt in an email. \"First off, it's true. Can't be mad at me for saying the truth (well, you can, but won't care about it). Second did everything could do at the time by alerting Ben Burns and having a frank conversation about my concerns. Third, and this is the element that Jack never seemed to get: I'm already successful and his accolades or sabotage attempts won't work. He has no power over me. I'm more respected in the circles care about than he is.\" While not all the allegations involving Lessenberry may meet the legal standard of sexual harassment, at minimum they are all part of a pattern women described as \"creepy\" behavior that made females cringe and uncomfortable -- especially coming from a college instructor who can have a significant effect on their future. His behavior with female students had long been a topic of discussion in the journalism community. Lessenberry points out that this article addresses alleged incidents at and in Memphis that are nine years or older, and in some cases, nearly 30 years old. In a series of detailed emails to Deadline Detroit editor Allan Lengel, Lessenberry denies the key claims against him. He also emphasized that events in Memphis and allegations at are from years past. \"You would be justified in publishing such a story about me if there were any charges filed against me, lawsuits, or anyone alleging had sexually abused them, Or, even ongoing complaints about sexual harassment. There are not have admitted my mistakes at the Commercial Appeal nearly 30 years, ago, which caused my career there to be destroyed,\" Lessenberry said have since rebuilt my life, and am proudest of all the students, many of them women, who have helped know you can't prove a negative, but could easily name a hundred former and current students who will tell you this is garbage.\" Attorney Cites 'Power Imbalance' Jessica Stender, senior counsel for Workplace Justice and Public Policy at Equal Rights Advocates, a national organization based in San Francisco, says: \"It's totally appropriate to bring up past behavior\" from 1991 if it continues after that don't think it's ever for a professor to make comments to a student about their looks or romantic life,\" she adds, noting that the power imbalance often makes it difficult or impossible for someone to tell a person to stop for fear of retribution. \"That kind of conduct, even if it may not rise to unlawful sexual harassment, can still have a detrimental effect and should not be tolerated.\" It's unclear if Ben Burns, head of the journalism faculty, knew of the women's allegations in Memphis. Burns, who was executive editor of The Detroit News in the 1980s, worked with Lessenberry in that newsroom didn't officially institute faculty background checks until 2013. Matthew Seeger, dean of the university's College of Fine, Performing, and Communication Arts, which includes the journalism program, says he was unaware of any allegations about inappropriate behavior involving Lessenberry. Lee Wilkins, current chair of the Department of Communication, said in an email: \"There is no information about this sort of behavior in Mr. Lessenberry's personnel file.\" 'Gentle, Kind and Protective Grad Says By all accounts, Lessenberry is a tough and demanding instructor. In an April 12 annual performance review memo, Wilkins says his teaching \"continues to improve and your classes are known for their no-nonsense adherence to high standards...You continue to teach above load, to place an increasing number of students in internships, and to help graduating students obtain jobs.\" His 2017 salary was $62,246, a university database shows. Some former female students effusively praise Lessenberry and argue that his practice of touching women or commenting about their looks is not harassment. Andrea Crisman, a journalism grad who worked at the Free Press from 2008-14, considers Lessenberry a trusted mentor and describes him as \"gentle, kind, and protective.\" \"He was hard on people if they didn't apply themselves,\" recalled Crisman remember him saying he'd rather have people hate his guts than get fired on their first day in the newsroom. The newsroom is not a pretty place. It's real harsh. You have screaming editors with deadlines.\" 2/17/25, 12:02 Deadline Detroit | Jack Lessenberry's Long History of Questionable Behavior with Women 4/11 \"Letchenberry\" and \"Pervenberry\" are student nicknames for the senior lecturer. Yet, even women who fared well under Lessenberry said they're concerned they garnered high grades because of their attractiveness. One prominent local television reporter who was a student of Lessenberry's and attended from 2007-09, says he repeatedly made comments over the years about her looks and once remarked that her breasts looked \"big\" while reviewing a videotape of her work. \"It sucks when you work so hard and you have to question your grade because someone is constantly telling you how attractive you are,\" says the reporter, who declined to let her name be used out of fear of retaliation. 'You Know in Your Gut' The reporter says Lessenberry \"wasn't a perv all the time,\" but he once offered her a beer in his office from his mini fridge, a violation of WSU's rules requiring instructors to maintain and uphold \"a scholarly\" atmosphere. She said she accepted the beer even though he did not drink one. \"Being alone with him. . . . you know in your gut. You just know he's being creepy,\" she says. Lessenberry says the account of serving beer is a \"lie,\" maintaining that he hates the smell and taste of beer and offering alcohol to minors violates policy. As for commenting on breasts, Lessenberry said have never talked to a woman about her breasts unless was, well, living with them have no idea who this is, and may well have complimented her on her looks in a nonsexual way and have learned not to do that.\" The television reporter was outraged when told of Lessenberry's response lie? Wow. Gross,\" she wrote in a text message. \"Him having a beer and giving it to me has nothing to do with him not drinking. He had it available and offered it. Even recommended it am really too disgusted by that egotistical and obviously calculated response. There's no reason to make up anything or lie about any of this. I'm too disgusted to say anything further Ride Home After Night Class Penny Bowler, a former student, recalls Lessenberry once offering her ride home to Ferndale in the fall of 2006 or 2007 after a night class and inquiring whether she had a boyfriend. \"Good,\" she said he responded when she said she didn't. He later said, \"some of my students will do anything to get an A\" and reached over and squeezed her thigh, she recounts. Lessenberry's response remember her, and her asking me to give her a ride home cannot imagine that squeezed her thigh.\" Former student Kristina Tuck recalls attending Lessenberry's \"Survey of Mass Communication,\" an introductory course, in 2005. After the first lecture, Tuck said Lessenberry invited her to his office and told her she was going to be very successful thought, well, this is a very odd observation to be making one day after a lecture class where I've done no written work before,\" Tuck said. She said Lessenberry also volunteered just want you to know can help you.\" Another Nickname \"All our interactions ended with, 'come to my office,' including once on a Saturday,\" Tuck said. She became wary and referred to Lessenberry as \"Pervenberry\" among her friends. She told a friend about her interactions, who shared the emails with Deadline Detroit. \"To be clear, Lessenberry is a problem -- but really started to have reservations about working in Detroit when it became clear just how many journalists, many of whom are also gatekeepers, indicated that they were aware of his behavior,\" says Tuck. \"How many women could have been protected from harassment had every man not defaulted into inaction?\" Lessenberry said he remembers Tuck \"only vaguely,\" and that if he invited her to his office on a Saturday, it was because \"that is where have all my resources, internship and job contacts, etc.\" In another incident, a former student, who did not want to be identified out of fear of retaliation, said she went to Lessenberry to talk to him about journalism upon the advice of her boyfriend. During their first meeting, Lessenberry said her boyfriend \"has great taste in women\" and kissed her hand. She said that made her very uncomfortable coming from a person of authority. 2/17/25, 12:02 Deadline Detroit | Jack Lessenberry's Long History of Questionable Behavior with Women 5/11 Lessenberry responded that do not recall kissing the hand of anyone did not know do not comment on women's legs or breasts, and never have. But suppose that if you have someone with an agenda tell people that am a bad person and encourage them to make things up under the protection of anonymity, some of them evidently will.\" 'What Does Unwelcome Mean?' Grand Rapids attorney Robert Alvarez tells Deadline Detroit that the parameters of sexual harassment can vary. \"You can't have an objective scale. It really all depends on the victim whether, you know, whether they see it as offensive. Sexual harassment is the unwelcome advance. What does unwelcome mean? To each person that's different.\" Allegations of inappropriate comments and behavior prompted the three people to complain in 2005-07 to Ben Burns. In 2007, Hunt, who was several years older than her classmates, says that after letting Lessenberry know she was put off by his comment that she looked better without her glasses, he subsequently ridiculed her achievements in class. At the time, she was working at the Detroit Free Press and had more than seven years of professional experience. Upon learning that students secretly referred to Lessenberry as \"Letchenberry,\" Hunt met with Burns, then head of the journalism area, to protest what she regarded as inappropriate behavior with female students second complaint came in 2005 from Evelyn Aschenbrenner, a co-author of this article, alleging that Lessenberry retaliated because she told him she wasn't comfortable with him touching her, albeit not in a sexual way. Aschenbrenner learned that Lessenberry urged that she not be hired when she applied for a job at the Berkley Mirror in 2005 when Lessenberry was an executive at the newspaper's parent company. The editor, Sue Davis, hired her anyway, and later told her that Lessenberry, for some reason, mentioned the touching incident when he recommended she not be hired. Sue Davis confirmed this. 'Other Anonymous Allegations' M.L. Elrick, an adjunct instructor at at the time, confirmed that he urged Aschenbrenner to speak to Burns. And he confirms that he too approached Burns in 2005 regarding Aschenbrenner's situation, as well as reports he heard that Lessenberry was lavishing some female students with unwelcome attention. Burns acknowledged in an April 13, 2005 email to Aschenbrenner: \"Evelyn, some other anonymous allegations have surfaced and would like to chat with you by phone before meet with Jack and the department chair tomorrow afternoon.\" She said she talked to Burns by phone about her situation and her concerns regarding Lessenberry's inappropriate bahavior with women. Ten days after the message, Burns followed up in an email, saying: \"We had a talk with Jack in regards to his intimidating students and he has agreed to try and temper his language with them am taking over direction of the internship program so that should no longer be a factor.\" Lessenberry continued overseeing the internship program. Lessenberry questions the motive, objectivity and integrity of Aschenbrenner and Peg McNichol, the co-author of this story, and also a former Lessenberry student. 'Sliming Me' \"You are allowing two women who blame me for their career failures to write something sliming me, \"Lessenberry said. \"That is not journalism.\" Aschenbrenner is a former reporter with the Berkley Mirror. She teaches English in Wroc\u0142aw, Poland, where she's lived for four years. She is the author of History of Wayne State University in Photographs,\" being republished in a second edition this fall. McNichol is an award-winning journalist who currently is a morning news radio anchor in Holland, Mich., and a member of Investigative Reporters & Editors and the Society of Professional Journalists. Her freelance work has appeared in many Detroit-area publications. Some women are offended that Lessenberry minimizes the allegations because of the passage of time am fascinated and amused that Lessenberry thinks that I, and dozens of my colleagues who, all these years later, have nothing to gain from revisiting this sorry saga of our past professional lives would lie,\" says Houk, formerly of the Commercial Appeal, who says she was not sexually harassed but was a union official representing women who say they were. \"To what purpose? What 2/17/25, 12:02 Deadline Detroit | Jack Lessenberry's Long History of Questionable Behavior with Women 6/11 would be the upside for us? \"Our revelations now are the result of inner strength that springs from the hope that Jack Lessenberry finally would be stopped from damaging others. The damage to us has been done.\" Mentoring with a Twist In his years as a teacher and prominent figure in the journalism community, Lesssenberry has taken pride in being a mentor to students and helping them get jobs. Then there was this -- a mentoring situation with a different twist involving someone who was never his student or employee. His interaction is another example of taking advantage of his role, according to the law school grad -- now a lawyer -- who looked to Lessenberry for professional mentoring, only to feel betrayed. The woman, who asked not to be identified, was 30 when she met Lessenberry in 2015 while walking her parent's dog in Huntington Woods and he offered to give her career counseling. He was in his mid-60s. They subsequently met on multiple occasions over time. In a July 14, 2015 email, Lessenberry wrote to her: \"It would make me very happy if can help you in anyway, or introduce you to anyone you might want to meet. By any chance would you be willing to have lunch with me Weds July 22 or Thurs July 23? Johnny's would be great! Your pet journalist.\" \"He would make comments about my appearance, and saying I'm a very attractive young woman, and asking me about my love life answered those questions with a smile on my face because looked to him as a person who needed to get ahead in my career,\" the woman said, noting that she never gave Lessenberry even a hint of a possible sexual interest Bold Blurt During Lunch One day in the summer of 2016, during a lunch meeting at Sala Thai restaurant in Eastern Market, in the midst of a conversation about politics and current events, the woman said Lessenberry blurted out would very much like to make love to you.\" The woman says she ignored the comment, but decided to not see him again. \"It's so unbelievable to me that he would say that,\" the woman said. \"The possibility of me responding and saying, 'Oh, yes Jack, let's go sleep together. Sure. Let's do this quid pro quo.' Never in a million years.\" At the time, she told her mother about the encounter. Her mother, in an interview, confirmed that. Lessenberry says he recalls trying to help the woman, but never came on to her or said he wanted to make love to her. He also questioned the relevance of the story, noting that she was never a student and he met her outside the university. Allegations that Lessenberry retaliated against women who rejected his advances were pervasive when Lessenberry worked at the Commercial Appeal. In a 1991 letter, attorney Dan Norwood, representing about a dozen female employees, sent a letter to management saying: \"As a result of Mr. Lessenberry's abuse of authority to serve his own unprofessional and illegal sexual objectives, women in the editorial department have been ridiculed and reprimanded without good cause, denied promotions, forced to resign or been pressed in low-status assignments. Such illegal actions aimed at creating an atmosphere of intimidation and fear to accomplish his personal objectives have created a hostile working environment in the editorial department.\" The newspaper responded in a May 24, 1991 letter that it had investigated and found Lessenberry made \"some comments and jokes which some employees may have found inappropriate\" but no instances of inappropriate conduct or any reprisals against women who may have rejected his alleged advances. The paper also stated that Lessenberry was reminded of the sexual harassment policy and warned not to make any sexual remarks, innuendos or any conduct that would constitute sexual harassment. The newspaper also instituted a series of actions, including sexual harassment training for managers and supervisors. Wine, Videos and Persistence 2/17/25, 12:02 Deadline Detroit | Jack Lessenberry's Long History of Questionable Behavior with Women 7/11 Patrick Macnee and Diana Rigg in \u201cThe Avengers.\" Diana Aitchison, a former Commercial Appeal reporter, said Lessenberry once showed up unannounced at her apartment with a bottle of wine and a video collection of \"The Avengers,\" a television series she once told him was her favorite. Aitchison said she let Lessenberry in, saying he was in management and wanted to be polite. They watched a show and had a glass of wine and he left. But when he showed up unannounced a second time at the back entrance and tried to kiss her at the doorway, she says she pushed him away. \"(Lessenberry) was really pissed off,\" she said mean, he was really pissed off.\" Soon after, Aitchison said colleagues were telling her to \"watch her back\" because Lessenberry was trashing her writing and reporting in news meetings. Two former colleagues at the paper confirm that she told them at the time of Lessenberry showing up at her apartment. Lessenberry recalled finding Aitchison attractive, but disputed her allegations remember her. This was about 1990, and think we did talk about The Avengers. But never kissed her, tried to kiss her, went out with her, or was in her home at any time,\" he said. Cringeworthy Comments Former Commercial Appeal reporter Laura Coleman Noeth says Lessenberry routinely made references about her looks and other inappropriate comments. She recalled once sending Lessenberry an internal message saying she had filed a story and he replied: \"Well I'd kiss you, but you'd file a grievance.\" Coleman Noeth said she responded: \"I'd rather have a raise.\" She also recalled one day was walking past his desk, and he said very loudly, 'Laura won't go out with me because she's lost weight.'\" She said she felt humiliated by the comment. Noeth also said he wrote comments to her through the computer messaging system in the newsroom. Two colleagues confirm being told about the email. In addition, the comments about her looks were confirmed by reporters who overheard them in the newsroom. Lessenberry remarked that have never said anything like that in my life do recall her as being very heavy never dated nor wanted to date her.\" Lessenberry left the Commercial Appeal in 1991 at the behest of editor Lionel Linder, whom he had worked with at The Detroit News. Linder was killed in a car crash in December 1992. The reasons why some women didn't come forward to complain at the time vary. The broadcast student at Wayne State, who is now a local reporter, explains: \"Hard to say. I've dealt with people like him my whole life think I'm just used to it. Sad think just thought . . .I'd graduate and wouldn't have to deal with him anymore. Perhaps felt, at the time, he wasn't worth the fight. He would soon be in my rearview.\" In an email, Lessenberry, says he's \"heartsick . . . [if made some women feel apprehensive when was younger and stupider than am now. But ask yourself -- are these allegations by a couple of scarcely unbiased women (reporters) a legitimate news story?\" Leave a Comment: 2/17/25, 12:02 Deadline Detroit | Jack Lessenberry's Long History of Questionable Behavior with Women 8/11 3 comments Sort by Denny Hextall Why is it almost always the guys who look like worms are the ones who think they're ladies' men? Like \u00b7 Reply \u00b7 17w Beth Fodal He's still at it today. He lies and manipulates to get close. He still uses the excuse of being a mentor and helping to find work. Only now he's gotten wise to when he's about to be caught, and puts the blame on anyone but himself before trying to \"escape,\" and never speak to the woman again know because he did it to me bet Elizabeth still doesn't know about the meetings, calls, texts, and emails that Jack and shared. Like \u00b7 Reply \u00b7 1y George Ready Game's obviously up when so many women come forward Like \u00b7 Reply \u00b7 3 \u00b7 4y Facebook Comments Plugin Newest Add a comment... Contributors Allan Lengel Nancy Derringer Violet Ikonomova Alan Stamm Joe Lapointe Chad Selweski Michael Lucido Greg Bowens 2/17/25, 12:02 Deadline Detroit | Jack Lessenberry's Long History of Questionable Behavior with Women 9/11 Photo Of The Day Tesla Cybertruck opposite St. Florian Roman Catholic Church, a 1926 Hamtramck landmark don\u2019t think I\u2019ve captured an image with two more contrasting ideas inside a single frame,\" Detroit photographer Eric Hergenreder posts. By: Eric Hergenreder Follow Us on Instagram Deadline's Latest Sports Ex-Detroit Pistons Bad Boy Bill Laimbeer Don't Really Pay Attention to the Anymore.' February 15, 2025, 10:38 - BasketballNetwork.net 2/17/25, 12:02 Deadline Detroit | Jack Lessenberry's Long History of Questionable Behavior with Women 10/11 Podcast 'Detroit in Black and White:' 'This Is a Real Opportunity Here to Correct the Renaissance Center' February 15, 2025, 12:31 - Detroit in Black and White Cityscape GoFundMe Campaign Raises More Than $48,000 For Mother Whose Children Froze to Death February 15, 2025, 11:23 - Deadline Detroit Development Apple Announces It's Hiring for Its Downtown Detroit Store February 14, 2025, 9:12 - Deadline Detroit Health Michigan Confirms First 2 Influenza-Associated Pediatric Deaths For the Season February 14, 2025, 5:39 - Deadline Detroit Load More Stories Home About Contact Advertise With Us Terms Privacy \u00a9 Copyright 2025 Deadline Detroit, Inc. - All Rights Reserved 2/17/25, 12:02 Deadline Detroit | Jack Lessenberry's Long History of Questionable Behavior with Women 11/11", "7893_105.pdf": "School investigation finds ex-Wayne State professo Lessenberry had history of sexual harassment (WJBK) - An independent investigation brought new allegations to lig alleged sexual harassment at Wayne State University. Published July 20, 2018 9:51pm | News 2 Detroit | | \u25c0\ufe0e \u25b6\ufe0e Image 1 of 4 \u25bc Watch Live 2/17/25, 12:03 School investigation finds ex-Wayne State professor Lessenberry had history of sexual harassment 2 Detroit 1/3 Long-time journalism professor Jack Lessenberry quietly resigned last month amid the allegations. Weeks earlier he resigned from his position at The Metro Times. An independent counsel hired by Wayne State University finalized its report thi week obtained by 2. The report describes Lessenberry's alleged inappropriate behavior dating back many years from several former female students interviewed in the course of the investigation. Evelyn Aschenbrenner is a former student now living in Poland. She was one of the reporters who first investigated Lessenberry in a piece for Deadline Detro along with Peg McNichol. \"He was my internship supervisor while was at Wayne State,\" Aschenbrenner said. \"He writes for The Metro Times. \"He presents himself as very ... like a guy fighting for progressive values. And here he is getting mad that some 18-year-o student didn't want him touching her shoulder.\" >>Read the full report at bottom. This is an email Lessenberry allegedly sent to one of his students: The report says Lessenberry would have his favorite female students visit his office under the guise of talking about their work - only to end up commenting their physical attributes. \"Student A\" says Lessenberry sent gifts and cards to her house and tried to kiss her. \"Student B\" says she had an on-going relationship with Lessenberry that consisted of numerous passionate kissing sessions over several months. She s 2/17/25, 12:03 School investigation finds ex-Wayne State professor Lessenberry had history of sexual harassment 2 Detroit 2/3 when she wanted to end things, Lessenberry threatened to fail her. \"Student D\" said Lessenberry created a hypothetical situation describing themselves as breeding and creating beautiful babies. According to the report many of the women described that once they rebuffed Lessenberry's advances not only did the favoritism stop, he gave them lower grades and bad mouthed them to fellow faculty members and professionals in the journalism community. Lessenberry did not return 2's phone call and Wayne State University declined to speak on camera, choosing to issue a statement instead \"Ms. Mahoney has done a very thorough investigation. Mr. Lessenberry was giv the opportunity to participate and chose not to do so. Based upon Ms. Mahoney's factual findings, she reached the conclusion that Mr. Lessenberry's actions violated Wayne State University's non-discrimination and sexual harassment policies. Wayne State accepts her findings.\" Since resigning from his positions at Metro Times, Michigan Radio and Wayne State, Lessenberry has started hosting a radio show on 910 Superstation Jack Lessenberry Investigation Final Report 7.17.18 Title by David Kome on Scribd This material may not be published, broadcast, rewritten, or redistributed. \u00a92025 Television Stations f t 2/17/25, 12:03 School investigation finds ex-Wayne State professor Lessenberry had history of sexual harassment 2 Detroit 3/3", "7893_106.pdf": "Wayne State's Jack Lessenberry quits Metro Times, steps away from Wayne State Brandon Patterson Detroit Free Press Published 1:09 p.m May 18, 2018 Updated 7:03 p.m May 18, 2018 Detroit journalist Jack Lessenberry resigned from the Detroit Metro Times and stepped away from Wayne State University on Friday in the wake of publicized misconduct allegations involving female colleagues and students. Wayne State has hired an independent investigator to look into the allegations, said Linda Galante, the university's Title coordinator and associate general counsel. She said Lessenberry voluntarily decided to step aside while the investigation is pending. On Thursday, the Metro Times suspended Lessenberry after an article detailing the accusations against him was published in Deadline Detroit, Crain's Detroit Business reported. He resigned Friday. The Deadline Detroit article detailed allegations of misconduct and inappropriate behavior dating back nearly 30 years. Lessenberry told the Free Press on Friday that he welcomes the independent investigation. He also said most of the claims in the Deadline Detroit story, including one that he put a hand on a student's thigh, were false. \"Nobody has alleged that slept with them, or propositioned them, or done anything of the kind,\" he said. Several former colleagues and students of Lessenberry's are cited in Deadline Detroit, accusing him of inappropriate remarks and one accusation of inappropriate physical contact between 1990 and 2009. 2/17/25, 12:03 Jack Lessenberry resigns from Metro Times amid allegations 1/3 It includes an accusation that Lessenberry created a \"sexually hostile work environment\" while he was an editor at the Commercial Appeal in Memphis, Tenn., in 1991. More: How shunned Jehovah's Witness mom killed her entire family More governor's race brings out harsher side of Lt. Gov. Brian Calley \"We decided to suspend Jack (Lessenberry) for the time being while we consider the details outlined in the Deadline report,\" Metro Times editor in chief Lee DeVito said in an email to Crain's. DeVito went on to state that Lessenberry doesn't work in the office but files one column per week remotely and that no one in the Metro Times office has raised any issues against him. Then on Friday, the Metro Times tweeted that Lessenberry resigned from the paper that morning. Galante told the Free Press that Wayne State, where Lessenberry has worked for 25 years, received one documented complaint against him earlier this year. It was about something that happened in 2005, she said. Officials determined there was no basis for finding that his behavior violated the university's policies about sexual assault or harassment. Galante said university President M. Roy Wilson decided to hire an experienced, outside investigator to look into the allegations that were outlined in the article. She said when Matthew Seeger, dean of the College of Fine, Performing and Communication Arts, told Lessenberry about the investigation, he indicated \"that he welcomed the investigation and would cooperate fully.\" Galante said the university will also undergo a separate external evaluation of its policies and procedures think the bottom line is we feel we want a safe and welcoming environment for everyone,\" she said. \"It's distressing and we deeply regret that any of our students feel they were subjected to unwelcome sexual misconduct.\" Lessenberry is a longtime Detroit journalist who served as the head of journalism faculty at WSU, senior political analyst for Michigan Public Radio, ombudsman for the Toledo Blade and host of public affairs program for Toledo's WGTE-TV, according to the Crain's article. 2/17/25, 12:03 Jack Lessenberry resigns from Metro Times amid allegations 2/3 Lessenberry has previously worked as a foreign correspondent and executive national editor for The Detroit News. He has had bylines in the New York Times, The Washington Post, The Boston Globe and other publications. He was honored with a Lifetime Achievement Award by the Society of Professional Journalists Detroit chapter last year. Contact Brandon Patterson: BPatterson2@freepress.com. Follow him on Twitter: @iAmBrandonPatt. Staff writer Ann Zaniewski contributed to this report. 2/17/25, 12:03 Jack Lessenberry resigns from Metro Times amid allegations 3/3", "7893_107.pdf": "What do you want to see change? Start a petition AI-generated content Predatory professors are a concerning issue within academic institutions, where students may face exploitation, harassment, or unfair treatment from their own educators. Recent events have shed light on cases of professors abusing their power and engaging in inappropriate behavior towards students. Petitions under this topic highlight the need for accountability and proper mechanisms to address misconduct among faculty members. Key issues and themes within these petitions include calls for transparent reporting processes, support for survivors of harassment, and efforts to prevent abuse of authority. One notable petition with widespread support demands mandatory training for professors on ethical conduct and appropriate boundaries with students. Join the movement to hold predatory professors accountable and create a safer learning environment for students. Your support can make a difference in addressing this pervasive issue in academia. Report issues Trending Most recent 2/17/25, 12:03 Predatory Professors - Take Action on Change.org \u00b7 Change.org 1/3 Fire Sexual Predator Jack Lessenberry from Wayne State University The head of Wayne State's journalism department, Jack Lessenberry, has long been rumored to be a sexual predator. Despite concern from students, the university has defended him at every turn. We want Lessenberry fired and an independent investigation against all who enabled him to continue working at the university. \u200bHelp us TimesUp 269 Related topics Detroit Wayne State University Sexual harassment Sexual Assault Company About Impact Careers Team Community Blog Community Guidelines Support Help Guides Privacy Terms Cookie Policy Manage Cookies Connect Twitter Facebook English (United Kingdom) 2/17/25, 12:03 Predatory Professors - Take Action on Change.org \u00b7 Change.org 2/3 \u00a9 2025, Change.org This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2/17/25, 12:03 Predatory Professors - Take Action on Change.org \u00b7 Change.org 3/3"} |
8,530 | James Maner | University of Texas – Austin | [
"8530_101.pdf"
] | {"8530_101.pdf": "Schools UT-Austin IDs Faculty, Staff Accused Of Sexual Misconduct Newly released report details the nature of allegations made against 17 university staffers, including three faculty members. Tony Cantu, Patch Staff Posted Mon, Jan 13, 2020 at 8:48 pm \uf0cfSign up Austin \uf01eSubscribe News Feed Events Local Businesses Classifieds 2/17/25, 12:03 UT-Austin IDs Faculty, Staff Accused Of Sexual Misconduct | Austin Patch 1/10 Newly released report details sexual misconduct allegations made against 17 university workers, including three faculty members. (Shutterstock \u2014 The University of Texas at Austin in a newly released report identified 17 employees \u2014 among them three faculty members \u2014 found in violation of the school's sexual misconduct policy since 2017. The report comes amid growing calls by students for the termination of two professors \u2014 Sahotra Sarkar in the philosophy department and Coleman Hutchison in literature \u2014 who were previously disciplined for sexual misconduct but slated to teach courses this semester. The report covers disciplinary action taken by the university from November 2017 to December 2019. Literature professor Hutchison is among those listed in the UT-Austin report released this past Thursday. Also identified are Kevin Dalby, a professor in the College of Pharmacy and Johann Hofmann, a professor in the department of integrative biology. The report also names Edgardo Latrubesse, a research fellow in the department of geography and environment, as among those accused of sexual misconduct. Find out what's happening in Austinfor free with the latest updates from Patch. Your email address In correspondence accompanying the report requested by Patch, UT-Austin spokesman J.B. Bird noted the university has roughly 3,000 teaching faculty members and about 24,000 staff members, including student and seasonal employees. The school's Human Resources department coordinates the disciplinary process for staff members while the provost\u2019s office coordinates the process for tenured and tenure-track faculty members, Bird noted. Subscribe 2/17/25, 12:03 UT-Austin IDs Faculty, Staff Accused Of Sexual Misconduct | Austin Patch 2/10 \"Sexual misconduct violates the values and policies of Austin,\" Bird wrote. \"Every individual who serves our university must feel valued, respected and free to learn and work in a safe environment. Transparency around past violations, which is mandated by the Texas Public Information Act, is an important step toward accountability.\" In response to an open records request, the university released summaries from the Office for Inclusion and Equity of the 14 staff and three faculty members found to have violated provisions related to sexual misconduct. The university previously released similar information for the period between 2013 through November 2017 in response to past open records requests. Below are summaries related to the most recent actions taken by the university in response to complaints. Jan. 20, 2017: An employee contacted the Office for Inclusion and Equity related to allegations that Bobbie Brooks, a dispatcher in the department of Event and Moving Services, made inappropriate comments of a sexual nature to multiple colleagues. Brooks denied the allegations, but investigators collected sufficient evidence in determining violations, according to the report. Brooks received a level 2 written reprimand later reduced to a level 1 counseling/written warning, the report states. Oct. 18, 2017: The university received a couple of anonymous reports alleging literature professor Hutchison sexually harassed a graduate student who had since graduated from the program when he engaged in a consensual, romantic relationship while she was enrolled at the university, according to the report. \"During the course of the investigation, multiple witnesses interviewed reported additional allegations that Hutchison made inappropriate comments of a sexual nature to another graduate student, and that Hutchison made inappropriate comments about the attractiveness of women faculty members and other women scholars in front of graduate 2/17/25, 12:03 UT-Austin IDs Faculty, Staff Accused Of Sexual Misconduct | Austin Patch 3/10 students,\" the summary reads. While investigators determined the relationship with the student was consensual, he was found to have failed to report it in accordance to university rules. He also was found in violation of university rules related to the sexual comments and discussion the women's attractiveness to other grad students, according to the report. On June 7, 2018, Hutchison received a written reprimand; and for a two‐year period (2018‐19 and 2019‐20 academic years), he ineligible to sole‐supervise graduate students; ineligible for consideration for promotion to full professor; and prohibited from being appointed to any administrative or leadership positions within the university. Hutchison was also required to participate in one or more discussions with his college\u2019s associate dean to discuss appropriate interactions and boundaries with students; and was required to develop a plan, to be presented to his department chair, regarding how Hutchison planned to manage professional working relationships with students in the future. Oct. 19, 2017: An employee alerted university officials of possible inappropriate conduct of a sexual nature by Paul Rodriguez, a night shift cleaning worker in Facilities, towards two colleagues, according to the report. One of the accusers alleged Rodriguez of making inappropriate comments of a sexual nature and trying to initiate unwanted physical contact with the colleague on multiple occasions. The second college made similar allegations of inappropriate comments. Rodriguez denied making some of the alleged comments and tried to provide context regarding the other comments, according to the report. He also denied initiating unwanted physical contact. But investigators found sufficient evidence to the contrary, resulting in termination of his employment on March 29, 2018, the report reads. \"Rodriguez is barred from future university employment,\" officials added. 2/17/25, 12:03 UT-Austin IDs Faculty, Staff Accused Of Sexual Misconduct | Austin Patch 4/10 Dec. 20, 2017 graduate student made a complaint alleging that Hofmann, the professor in the Department of Integrative Biology, attempted to start a consensual relationship with the student while making inappropriate comments of a sexual nature. Hoffmann denied making some of the allegations and tried to provide context regarding the other allegations, but the investigation determined there was sufficient evidence the alleged conduct occurred in violation of university rules. On July 10, 2018, Hofmann received a written reprimand and was not permitted to hold an administrative or leadership position within the university for a two-year period (2018‐2019 and 2019‐2020 academic years). He also was barred from sole-supervising grad students until fall 2020; was suspended for one semester at full‐time leave without pay; and removed as lab facilities director. Hofmann was also required to participate in one or more discussions with his college\u2019s associate dean regarding appropriate interactions and boundaries with students. Moreover, he was required to develop a plan regarding managing professional working relationships with students. Jan. 25, 2018 student accused Christopher Bookout, an employee in Parking and Transportation Services, of making comments of a sexual nature towards multiple students and colleagues. Multiple witnesses contacted in the course of the investigation corroborated the claim, leading to Bookout's resignation by Feb. 18, 2019, in the midst of a university investigation. Oct. 8, 2018: An anonymous complainant alleged that Alberto Gonzalez, an operations manager in the Department of Mexican American and Latino/a Studies, allegedly engaged in inappropriate conduct of a sexual nature with several different colleagues in his department, including making unwelcome physical contact and making inappropriate comments of a sexual nature, according to the report. \"Gonzalez admitted to engaging in some of the alleged conduct, and tried to provide context regarding some of the other 2/17/25, 12:03 UT-Austin IDs Faculty, Staff Accused Of Sexual Misconduct | Austin Patch 5/10 alleged conduct,\" investigators wrote. Sufficient evidence of violations were found, leading to a level 3 reminder corrective action letter on April 10, 2019. Nov. 1, 2018 student complained that James Maner, a researcher in the Department of Geological Sciences, allegedly made a series of inappropriate comments of a sexual nature to the complainant during an in‐person conversation. \"Maner admitted to disclosing personal and private details about his personal life during the conversation with complainant, but denied making some of the other alleged comments,\" the report reads. As a result of an investigation, Maner on Feb. 5, 2019, received notice of the university's intent to terminate his employment, leading to his resignation by month's end. Nov. 30, 2018: An anonymous complainant lodged allegations against Daniel Orozco, a supervisor with Libraries, that made inappropriate comments of a sexual nature, engaged in unwelcome physical contact, and blurred the lines between professional and personal relationships in the workplace. Orozco denied all the allegations, according to the report, despite sufficient evidence corroborating the claims. Orozco resigned in lieu of termination effective April 3, 2019, and is barred from future university employment. Dec. 6, 2018: Multiple students accused Philip Nemy, a director and lecturer in the Department of Radio-Television-Film, of making inappropriate comments of a sexual nature to multiple students \"...and engaged in unwelcome physical contact with multiple students,\" according to the report. \"Nemy denied engaging in the alleged conduct, and tried to provide context regarding some of his interactions with students,\" the report reads. An investigation determined rules violations, and Nemy's university employment was terminated on May 13, 2019. Dec. 20, 2018 complainant accused a food service worker identified only with the surname of Gomez-Aguilar of making inappropriate comments of a sexual nature in the workplace, allegations he denied. Following an 2/17/25, 12:03 UT-Austin IDs Faculty, Staff Accused Of Sexual Misconduct | Austin Patch 6/10 investigation, the worker received a level 3 final warning corrective actin letter on Oct. 3, 2019. Jan. 9, 2019: Investigators received a report that Latrubesse, a research fellow in the Department of Geography and the Environment, had allegedly attempted on multiple occasions to engage in unwelcome physical contact with a faculty member, according to the report. Sufficient evidence was gathered determining the conduct had occurred, according to the report. \"On Sept. 11, 2019, Latrubesse was barred from future employment and/or research affiliation with the university after resigning his university employment for reasons unrelated to OIE's investigation,\" investigators wrote. Jan. 13, 2019 night shift employee in custodial services contacted officials related to concerns that another employee, formerly her subordinate, engaged in unwelcome conduct of a sexual nature. But investigators determined the alleged unwelcome conduct had been consensual, but the woman had failed to report the relationship in violation of university policy. As a result, she received a level 1 written warning. Feb. 3, 2019 complaint emerged that Frederick Rivera, an employee in the dish room, \"...engaged in inappropriate conduct of a sexual nature with two colleagues in the same department,\" according to the report. The first colleague lodged accusations that Rivera engaged in unwelcome physical contact with the colleague on multiple occasions while the second colleague said he made inappropriate comments of a sexual nature and engaged in unwelcome physical contact colleague. Despite Rivera's denials, his employment was terminated on June 7, 2019, after an investigation. Feb. 18, 2019: Shelton Lewis, an enrollment director in the College of Fine Arts, was accused of engaging in unwelcome physical contact with multiple colleagues, according to the report. Investigators \"...interviewed multiple witnesses who experienced or witnessed the alleged conduct,\" the report 2/17/25, 12:03 UT-Austin IDs Faculty, Staff Accused Of Sexual Misconduct | Austin Patch 7/10 reads. \"Lewis denied the allegations.\" Following an investigation, Lewis resigned in lieu of termination effective June 30, 2019, and is barred from future university employment. Feb. 20, 2019: An employee contacted campus police with concerns of being stalked, both on and off campus, by Justin Ward, a director in the University Development Office. The information was forwarded to the Office for Inclusion and Equity, which launched an investigation. Ward denied the allegations despite sufficient evidence found the conduct occurred, which led to Wards's resignation in lieu of termination on July 12, 2019. March 8, 2019: Dalby, the College of Pharmacy professor, was accused by an employee of making inappropriate comments of a sexual nature to a student. Dalby denied the allegations, but an investigation found sufficient evidence the conduct had occurred. As a result, Dalby received a letter of reprimand on Sept. 5, 2019, and is prohibited from solely supervising graduate students until fall 2021 among other punitive measures. July 16, 2019: An employee contacted investigators to accuse Angel Pozos, a warehouse manager in the Cockrell School of Engineering, of engaging in unwelcome physical contact with a staff member. Pozos admitted to some of the allegations, according to the report, which ultimately led to termination of his employment on Oct. 18, 2019. Get more local news delivered straight to your inbox. Sign up for free Patch newsletters and alerts. Share More from Austin Restaurants & Bars | Feb 3 Reserve Valentine\u2019s Day Tables Now At Austin, Texas Top Restaurants \uf0c2 \uf045 2/17/25, 12:03 UT-Austin IDs Faculty, Staff Accused Of Sexual Misconduct | Austin Patch 8/10 Restaurants & Bars | Jan 29 Here's Where To Find Texas' Best Burger, National Food Website Says Latest News Nearby 1. \uf02bAustin News \ud83c\udf31 Austin museum hosts Day and College Fair 2. \uf02bAustin News \ud83c\udf31 Discover Austin's vibrant art and culture scene 3. \uf02bAustin News \ud83c\udf31 Austin cardiologist stresses proactive heart health measures 4. \uf02bAustin News Foundation resumes services for Austin musicians 5. \uf02bAustin News \ud83c\udf31 Austin hospital offers cutting-edge liver cancer treatment Find out what\u2019s happening in your community on the Patch app Corporate Info About Patch Careers Partnerships Advertise on Patch 2/17/25, 12:03 UT-Austin IDs Faculty, Staff Accused Of Sexual Misconduct | Austin Patch 9/10 Support FAQs Contact Patch Community Guidelines Posting Instructions Terms of Use Privacy Policy \u00a9 2025 Patch Media. All Rights Reserved. Do Not Sell My Personal Information \uf058 \uf01e\uf058 \uf021\uf058\uf058 \uf0b2\uf058 \uf0b1 2/17/25, 12:03 UT-Austin IDs Faculty, Staff Accused Of Sexual Misconduct | Austin Patch 10/10"} |
7,422 | William Grange | Marquette University | [
"7422_101.pdf",
"7422_102.pdf",
"7422_104.pdf",
"7422_101.pdf",
"7422_102.pdf",
"7422_104.pdf"
] | {"7422_101.pdf": "William Grange William Marshall Grange is Professor of Theatre at the University of Nebraska\u2013Lincoln's Johnny Carson School of Theatre and Film.[1] His research publications are mostly concerned with the history of German-language theater and German-language literature. The author of over a dozen books, his most recent work was Cabaret (London, UK: Methuen, 2021). He is also the author of numerous book chapters, articles in scholarly journals, reviews of both books and productions, and has presented dozens of papers at scholarly conferences both in the United States and abroad. William Grange was born in Cincinnati and attended Thomas A. DeVilbiss High School in Toledo. During 1964 and 1965, DeVilbiss High School won two state titles and 1965 senior class president Randy Wertz nearly captured the state championship in tennis. The state championships awarded to DeVilbiss were in high school radio announcing (sponsored by Ohio State University) and in competitive patriotic speech (sponsored by the Sons of the American Revolution). Grange won the state championship in both contests. William Grange performed with the Light Opera of Manhattan and the Public Theater in New York while still attending Columbia University. He later acted with the Alabama Shakespeare Festival, TheatreWorks (New York), National Theatre Company (New York), Mark Dinner Theatre (Florida), Haymarket Theatre Lincoln, and Nebraska Repertory Theatre. He has been a member of Actors' Equity Association since 1972.[2] Grange graduated in 1970 from the University of Toledo[3] with a Bachelor of Arts degree. In 1972 he received a Master of Fine Arts degree from Columbia University in New York City, with a thesis titled \"The Role of Tusenbach in Chekhov's 'The Three Sisters.'\" [4] He received a doctorate from Indiana University in 1981 with a dissertation titled \"The Collaboration of Carl Zuckmayer and Heinz Hilpert.\".[5] At Florida Southern College, a small liberal arts institution in Lakeland, Florida and affiliated with the United Methodist Church, Grange chaired the Department of Theatre Arts and taught both academic and performance courses. He encountered difficulties with College officials when he staged the musicals Cabaret and Grease, because some considered the shows too racy for a Methodist institution. His productions of Shakespearean comedies and dramas by Henrik Ibsen, along with the Biography Theatrical career Academic career Florida Southern College Humperdinck opera Hansel and Gretel with mezzo-soprano Beverly Wolff met with approval. College administrators were nevertheless pleased when he left Florida Southern to accept a position at Marquette University in Milwaukee, Wisconsin. Grange chaired the Performing Arts Department and directed numerous musicals at Marquette University, a Roman Catholic institution in Milwaukee, Wisconsin affiliated with the Jesuit Order. Among them were Happy End and Funny Thing Happened on the Way to the Forum. He also directed new translations of dramas by Bertolt Brecht. He ran afoul of numerous Roman Catholic strictures at the Jesuit institution, though he published two books and several articles, and won fellowships from the German government and the National Endowment for the Humanities with full support from the Jesuit fathers. Other Roman Catholics, however, were glad when he departed in 1996 for the University of Nebraska. At the University of Nebraska since 1996, Grange has published several books, scholarly articles, and received numerous international awards for his scholarship and teaching, including three Fulbrights and five fellowships from the Deutscher Akademischer Austauschdienst (German Academic Exchange Service). The Actors' Fund of America cited Grange in 2014 with its \"Encore Award\" for his \"contributions to the acting profession.\" He has also received university awards from parents of Nebraska students. In the University's Johnny Carson School of Theatre and Emerging Media, he has taught mostly academic courses in theatre history, script analysis, film technology, and seminars on various film actors and genres. While serving as Chairman of the Graduate Committee in the Johnny Carson School, his colleagues elected him their representative to the Faculty Senate for several three- year terms. After terms in the Faculty Senate, he has served as a consultant for several European publication and institutional boards. He retired from active teaching and service at the University of Nebraska in 2023, but he continues his research, scholarly, and editorial activity as Professor emeritus In 2010, Grange was guest professor at the University of Heidelberg; in 2007, he held the Fulbright Distinguished Chair in Humanities and Cultural Studies at the University of Vienna, teaching in German. He also taught in German during 2000-2001 as Fulbright Guest Professor at the University of Cologne. He has received five research fellowships from the German Academic Exchange Service; he was also the recipient of awards and fellowships from the Harry Ransom Humanities Research Center; the National Endowment for the Humanities; the Dorot Foundation in Providence, Rhode Island; the Mellon Foundation, the International Institute of Education, the Hixson-Lied Trust Endowment, and the Jane Harrison Lyman Research Trust Fund. He twice received seed grants in the humanities from the vice-chancellor for research at the University of Nebraska. Marquette University University of Nebraska Honors \u201cResponse to 'Thornton Wilder: Why here? Why now?\u2019 by Emilio deGrazia, Thornton Wilder Journal 4 No. 2 (2023) 172-176. \u201cBrecht\u2019s Conception of Mehrwert (Added Value) in Acting for the Stage,\u201d New England Theatre Journal 34 (2023) 13-25. \u201cForum: Humour\u201d German History 33 No. 4 (2015), 609-623. \u201cOskar Blumenthal and the Lessing Theater in Berlin, 1888-1904,\u201d Text and Presentation (2004): 24-37. \u201cThe Theatrical Concession System in Prussia, 1811-1869,\u201d Theatre Annual 57 (2004) 17-40. \u201cBernd Wilms and the Deutsches Theater in Transition,\u201d Western European Stages No. 1 (2004): 11-18. \u201cPromise Me Nothing on Heroes\u2019 Square: Marianne Hoppe\u2019s Twentieth Century,\u201d New England Theatre Journal (2003): 59-80. \u201cForeign-language Comedy Production in the Third Reich,\u201d Metamorphoses (Winter 2001) 179-196. \u201cTheodor Lebrun and Industrial Comedy Space in Nineteenth Century Berlin,\u201d On-Stage Studies (Fall, 1999): 16-31. \u201cErsatz Comedy in the Third Reich,\u201d Text and Presentation (1999), 17-29. \u201cHitler\u2019s \u2018Whiff of Champagne:\u2019 Curt Goetz and Celebrity in the Third Reich,\u201d Theatre Annual 51 (1998): 15-26. \u201cThe Blondest of the Blondes: National Socialist Paradigms for a New German Theatre.\u201d New England Theatre Journal No. 2 (1995): 33-45. \u201c\u2018Tweaked Roman\u2019 in The Menaechmus Twins by Plautus,\u201d On-Stage Studies, 1994: 18-27. \u201cImpulses Mirrored Darkly: Theatrical Images of Idealism in the Weimar Republic,\u201d New England Theatre Journal No. 1: (1989) 31-44. \u201cHeinz Hilpert: The Revitalization of German Theatre After World War II,\u201d Essays in Theatre Vol. 6 No. 2 (1988): 137-146. \u201cShakespeare in the Weimar Republic,\u201d Theatre Survey No. 2 (1987): 89-100. \u201cChanning Pollock, The American Theatre\u2019s Forgotten Polemicist,\u201d Zeitschrift f\u00fcr Anglistik und Amerikanistik, Vol. 11 No. 2 (1987): 158-163. Book chapters: \u201cOffenbach\u2019s Paradox and the Postwar German Theatre of the 1870s,\u201d in Festschrift f\u00fcr Paul S. Ulrich, ed. Frank-R\u00fcdiger Berger and Stephan D\u00f6rschel, Berlin: Akademie der K\u00fcnste, 2024, 315-329. \u201cPeter Stein,\u201d in Great Directors, ed. Felicia Hardison Londr\u00e9, London: Methuen 2019. \u201cErsatzkom\u00f6dien verhatscht,\u201d in Theater unter der NS-Herrschaft, ed. Veronika Zangl and Brigitte Dalinger, G\u00f6ttingen: Vandenhoek und Ruprecht, 2019. \u201cThe Astonishing Career of Heinrich Conried,\u201d Im Spiegel der Theatergeschichte ,Thalia Germanica Vol. 15, Ed. Paul S. Ulrich et al, Berlin: Hopf, 2015, 225-236. \u201cThe American Tours of Marie Geistinger, 1880-1907,\u201d Polen und Europa : deutschsprachiges Theater in Polen und deutsches Minderheitentheater in Europa, Ed. Horst Fassel, et al. Lodz, Poland: University of Lodz Press, 2005, pp. 226\u2013236. \u201cRules, Regulations, and the Reich,\u201d Essays on Twentieth Century German Drama and Theatre, Ed. Helmuth Rennert, Frankfurt: Lang, 2004. pp. 196\u2013201 \u201cThe Popular Repertory and the German-American Audience: the Pabst Theater in Milwaukee, 1885-1909,\u201d Thalia Germanica Bern: Peter Lang, 2001, pp. 56\u201380. \u201cOrdained Hands on the Altar of Art: Gr\u00fcndgens, Hilpert, and Fehling in Berlin,\u201d The Theatre of the Third Reich, Ed. Glen Gadberry. New York: Greenwood, 1995: 75-89. \u201cChoices of Evil: Brecht\u2019s Modernism in the work with Eisler and Dessau,\u201d Brecht Unbound, Ed. James A. Lyon and Hans-Peter Breuer. Newark, Del.: Univ. Delaware Press, 1995: 149-159. Author, Cabaret (London, UK: Methuen, 2021). London, UK: Methuen, 2021 9781350140257. Author, The Business of American Theatre, Oxford, UK: Routledge, 2020 9780367460204. Publications Books Author, Historical Dictionary of German Theater, Second Edition. Lanham, MD: Scarecrow Press, 2015 9781442250192. Author Primer in Theatre History. Lanham, MD: University Press of America, 2013 9780761860037. Author, Historical Dictionary of German Literature to 1945. Lanham, MD: Scarecrow Press, 2011 9780810867710. Author, Historical Dictionary of Postwar German Literature. Lanham, MD: Scarecrow Press, 2009 9780810859654 Author, Cultural Chronicle of the Weimar Republic. Lanham, MD: Scarecrow Press, 2008 9780810859678. Author, Historical Dictionary of German Theater. Lanham, MD: Scarecrow Press, 2006 9780810853157. Author, Hitler Laughing: Comedy in the Third Reich. Lanham, MD: University Press of America, 2006. Author, Comedy in the Weimar Republic Chronicle of Incongruous Laughter. Westport, CT: Greenwood Press, 1996 9780313299834. Author, Partnership in the German Theatre: Zuckmayer and Hilpert, 1925-1961. New York: P. Lang Pub, 1991 9780820414058. 1. \"Official biography at school site\" ( u/theatrearts/factwgrange). Archived from the original ( on 2013-01-03. Retrieved 2012-12-25. 2. Actors' Equity Association ( 3 Authority File ( 4. WorldCat ( 5. WorldCat ( Retrieved from \" References", "7422_102.pdf": "51d7-9cb1-377dd78621cd.html News Harassment claims follow new professor Erin Schulte June 16, 2006 new theater professor left his previous job afterallegations of sexual harassment were reported by two femalestudents in 1994.William Grange came to the University ofNebraska- Lincoln in August as a tenured associate theaterprofessor.During his time as a tenured professor at MarquetteUniversity in Milwaukee he was accused of sexually harassingfemale students.Grange is at a conference in Wisconsin, and attempts toreach him this week were unsuccessful. Messages left inWisconsin for Grange Wednesday afternoon were not returned.Michael Price, associate dean of the College ofCommunications at Marquette, said the accusations againstGrange were mostly of verbal harassment.\"Language he used was making students uncomfortable,\"Price said.But some students who had class with Grange atMarquette said the problem went beyond verbal harassment.\"It was inappropriate behavior,\" said a 1993 graduateof the Marquette theater program who asked that her name notbe printed. The alumna said Grange sometimes told lewd jokesand entered female dressing rooms before students said hecould come in.The university warned Grange, she said.\"Dr. Grange did have his hand slapped more than once,and his behavior did improve, but it wasn't great,\" shesaid.Grange supported, showed interest in and helpedhis students search for graduate schools, she said, but hisproblem was that he didn't understand the boundaries of aprofessor- student relationship.Students were afraid to talk about the sexualharassment incidents, she said, and she was one of the firstto make formal complaints -- which were later sealed in alegal agreement.After an investigation by Marquette University, Grangeagreed to a six-month unpaid leave of absence andcounseling, according to an article in the March 4, 1995issue of the Milwaukee Sentinel.He returned to Marquette in 1994 to teach a differentclass, the article states, and never said the allegationswere true or false. Grange left Marquette when he wasoffered the job in Nebraska.Francis Lazarus, who was vice president of academicaffairs at Marquette during Grange's employment, said theMilwaukee Sentinel article was accurate administrators said they initially did not plan todiscuss the situation with students, some of whom were leftworried.\"Students don't know very much; it sort of leaked out,\"said Amy Rohr, a senior theater major.\"From what I've heard, he's a phenomenal teacher ...that shouldn't override everything,\" she said.Theater students are confused and in shock at thenews, Rohr said.\"Some people are glad it's coming out, and some peopleare really pissed off about it,\" Rohr said. \"If they didknow about it, and it was kept from us, that's what'spissing me off.\"Al Kilgore, associate vice chancellor for academicaffairs, said the university stands by its decision to hireGrange.\"Is he guilty until proven innocent?\" Kilgore said. \"Wewere hoping that it wasn't an issue.\"Kilgore said the search committee for Grange's positionreceived \"nothing but good\" reviews about Grange and said hewas \"head and shoulders above other candidates administrators did not know of the sexualharassment allegations until after Grange was hired, Kilgoresaid; however, they did find out before Grange came tocampus. Administrators then met with the faculty.The students said rumors are running wild all over thedepartment. But there are concrete facts:-- When Grange was hired, the university gave himautomatic tenure. Only about 10 percent of all new facultyreceive automatic tenure, usually if they were tenured at auniversity before coming to UNL.-- Grange is teaching theater history, a courserequired for all theater majors officials said students in Grange's classes shouldfeel secure that he is a good teacher.\"Whatever other problems he had, he is a very brightman,\" said Tice Miller, chairman of the Department ofTheatre Arts and Dance.Kilgore said he did not know how hiring Grange fit inwith UNL's plan to improve the climate for women at theuniversity, but Miller said his department has madeprogress.\"We've gone out of our way to take care of what Ithought was a gender equity problem when took over thedepartment of theater,\" Miller said.Seven of 13 professors in the theater and dancedepartment are women, he said.Miller said the university would act if the situationcaused any problems in the department. He said thedepartment would keep any incidents in check.\"If there was a problem, we'd know it in a second,\"Miller said. \"It wouldn't be something the boys would shoveunder the carpet.\" Back to News page", "7422_104.pdf": "archive.today webpage capture Saved from no other snapshots from this url search 18 Mar 2025 12:16:11 All snapshots from host share download .zip report bug or abuse Buy me a coffee Webpage Screenshot Some Colleges Hush Up Charges to Get Rid of Problem Professors Critics worry that the practice lets accused harassers move from job to job By Courtney Leatherman December 6, 1996 Imagine you are a dean, and a professor on your campus has been accused of sexual harassment. An inquiry makes it clear that you must take some action. But the situation is getting ugly and is likely to be drawn out. Maybe there\u2019s an easier way. Maybe you can make a deal: The professor agrees to resign quietly -- and you agree never to mention the incident, especially if another university calls to check his references. Experts on sexual harassment call this scenario\"passing the harasser\u201d and say versions of it are constantly played out on campuses. Critics of the practice say colleges have an obligation to inform prospective employers about a professor\u2019s complete work history. Some say it may be illegal to hush up problems do not believe we should pass on people who are going to threaten the educational environment,\u201d says Helen Moore, a professor of sociology who helped write the University of Nebraska\u2019s sexual-harassment policy think it\u2019s unethical.\u201d Others, however, warn that colleges may invade the privacy of a professor or defame him by passing along unsubstantiated charges to a potential employer. Moreover, they argue, the procedures that many colleges use to investigate and convict professors of sexual harassment are Top Jobs from The Chronicle Dean of the College of Public Policy Hamad Bin Khalifa University President of the University of Puerto Rico University of Puerto Rico (Development) New York University School of Professional Studies Instructional Faculty/Lecturer in Computer Information Technologies Rochester Institute of Technology Search All Jobs Upcoming Events: Virtual Career Fair Women's Leadership Program Subscribe Sign In Sections Topics Magazine Newsletters Virtual Events Store Jobs unconstitutional, so it\u2019s unfair to convey those findings to future employers panel of five sexual-harassment experts is not a jury of peers. And \u2018guilty until proven innocent\u2019 is a lot different from \u2018innocent until proven guilty,\u2019\u201d says John A. Stewart, a lawyer representing a Yale University professor who was found guilty of harassment by a university panel this fall and now is at risk of losing a job offer from the Ohio State University.\"In the meantime, my client\u2019s career may be ruined.\u201d Mr. Stewart\u2019s client, Jay Jorgenson, an assistant math professor, was found to have sexually harassed a freshman in his introductory-calculus course last year. The woman, who said the two of them had had a sexual relationship for two months, produced e-mail messages that they had exchanged to plan their dates. Dr. Jorgenson denied having any kind of romantic relationship with the woman, and he denied sending the e- mail. Last March he accepted a post at Ohio State; she filed a complaint a month later. He didn\u2019t mention the complaint or Yale\u2019s subsequent findings to Ohio State, where he was to begin a tenure-track post this coming January. But the woman went public with her accusations in October, and now Ohio State\u2019s lawyers are reviewing the deal, which its trustees have yet to approve similar controversy broke out in October at the University of Nebraska at Lincoln. After the university hired William Grange in a tenured post in theater, but before he arrived at the campus, top administrators learned that he had been demoted from a chairmanship at Marquette University in 1994 after two female students accused him of harassment. Dr. Grange denied their charges and was never found guilty. Marquette made public what it said were the terms of a settlement with Dr. Grange, but it sealed the file that spelled out the complaints against him. He began teaching at Nebraska last August. Lawyers say colleges, fearful of lawsuits, typically pass such professors on without mentioning that they have faced allegations of harassment. In order to be rid of a difficult employee, colleges often negotiate the script of a reference that is to be read to prospective employers. \u201cAll of this is, of course, designed to camouflage the problem for which the man or woman is resigning,\u201d says Tom Flygare, a former lawyer for the University of New Hampshire who opposes the approach. Some institutions, including Yale, are bound by state law not to disclose information in a personnel file without the employee\u2019s written consent. Mr. Flygare thinks such laws protect misconduct and allow unsatisfactory performers to go from job to job.\"At best, they\u2019re bad performers,\u201d he says. \u201cAt worst, they hurt people.\u201d Other lawyers note that many states have been changing those laws. In Massachusetts, a college would be granted \u201cconditional privilege\u201d to talk about an employee to another college so long as the information transmitted was of\"common interest\u201d or\"reasonably calculated to protect and further the common interest.\u201d In other words, if the institutions don\u2019t act with malice, they\u2019re protected. What the laws overlook, however, is that the two institutions don\u2019t always have a common interest.\"You want to get rid of that person, and yet you know he\u2019s going to continue his behavior wherever you send him,\u201d explains a humanities professor at Nebraska who asked not to be identified. So how much information do you provide a prospective employer? \u201cThat\u2019s the moral dilemma,\u201d she says. Nebraska has been on both the sending and the receiving ends of this scenario, she says, pointing to the case of Helmut Pfanner, who came to Nebraska from the University of New Hampshire and then left for Vanderbilt University. At Vanderbilt, a lawsuit revealed four-year-old accusations of harassment against Dr. Pfanner and suggested that he may have had problems at previous institutions. Sabine Cramer, a former professor at Vanderbilt, sued the institution in February. She claimed that she had been denied a contract because Dr. Pfanner, who was her chairman in German and Slavic languages, was retaliating against her. He was angry, she claimed, because she had helped five female students file a sexual-harassment complaint against him. The suit said Vanderbilt had demoted him from the chairmanship and restricted his teaching after the complaints were made. As part of the lawsuit, Professor Cramer\u2019s lawyer has deposed officials at two of Dr. Pfanner\u2019s previous employers -- Nebraska and New Hampshire -- believing that he may have harassed or retaliated against others during his chairmanships at those institutions. Neither institution had a record of such allegations, although women on both campuses say they complained formally and informally. Vanderbilt and Dr. Pfanner have denied the retaliation charges, and he has denied sexually harassing anyone, anywhere. Vanderbilt would not discuss how the harassment complaints were resolved. In an e-mail message from Austria, where he is conducting research, he acknowledged that when Vanderbilt hired him,\"rumors had reached the search committee of \u2018my harassing\u2019 people\u201d at Nebraska. He said the committee had investigated and determined they were\"unfounded professor at New Hampshire, who asked to remain anonymous, says she heard an administrator there talk of\"praising away\u201d Professor Pfanner to help his chances at Nebraska. Some of his former colleagues at New Hampshire say he was a divisive chairman who harassed everyone, especially women.\"There were moments when was called into his office and told if knew what was good for me better support him,\u201d said Aleksandra Fleszar, now an associate professor and head of the Russian department at New Hampshire. She said he had also made comments amounting to sexual harassment. She and her colleagues say he stepped down from his chairmanship in 1985 and the next year took the post at Nebraska. Dr. Pfanner says that, like all chairmen, he has had a few critics in every department he has led have never changed position because of any allegations raised against me,\u201d he says have never willfully or knowingly harassed any of my colleagues or students, either sexually or otherwise.\u201d In fact, he says, Dr. Cramer, the plaintiff in the Vanderbilt suit, orchestrated the students\u2019 complaints to retaliate against him because he had refused to date her. Dr. Cramer calls that accusation\"a joke.\u201d If academics took harassment as seriously as they do other forms of professional misconduct, like plagiarism, then institutions would be less likely to give misleading or incomplete references in cases where harassment has been alleged, says Mary Gray, a mathematics professor at American University. She has worked with the American Association of University Professors on its guidelines for handling sexual harassment. Professors communicate details of plagiarism charges because if they didn\u2019t, she says,\"it would come back to haunt them. It\u2019s sort of self- preservation.\u201d Warning other institutions about an accused harasser should be like notifying communities when convicted sex offenders move into the neighborhood, Dr. Gray argues.\"The notion of institutions\u2019 acting in a parental capacity for students is old, but still think that institutions have some obligation not to put someone who has a propensity to harass in a situation where he can do it easily.\u201d To other observers, however, that kind of comparison shows how out of control the campus\"sexual-harassment police\u201d are. \u201cThe attitude seems to be that this is some kind of pedophilia, some child-molestation business, some kind of compulsion that\u2019s bound to recur,\u201d says Roger Howe, a mathematics professor at Yale and one of 15 professors who have issued a letter supporting Dr. Jorgenson, the assistant professor of mathematics who was found guilty of harassment. In most sexual-harassment cases, Dr. Howe says,\"my instincts would be that you\u2019re dealing with intelligent people who crossed some kind of gray line without understanding where they were, and they understand that now and will not repeat it.\u201d Yale advises professors to avoid consensual sexual relationships with their students and warns that should a harassment complaint arise from such a relationship, the onus is on the professor to prove his or her innocence. Dr. Jorgenson, through his lawyer, has denied so much as holding the woman\u2019s hand. Mr. Stewart, his lawyer, says that in hindsight, his client probably\"should have given a heads-up to Ohio State that this was cooking and explained that he was not guilty and that he would be very surprised if anything came of it.\u201d But, the lawyer wonders, what if his client had been forthcoming and then been found innocent of the charges? Would Ohio State have had second thoughts about hiring him anyway? At Nebraska, when top administrators learned about the past allegations against Dr. Grange, of the theater department, they say they did consider breaking their deal with him. But doing so would have meant firing a tenured professor, they explain, and they couldn\u2019t show cause. Despite his inclination to avoid such conflicts, Alvah M. Kilgore, associate vice-chancellor for academic affairs at Nebraska, sees both sides of these stories.\"What can a person do to rebuild his career if he\u2019s never been proven guilty but is tainted for life?\u201d he says.\"If put myself in Grange\u2019s position, and felt that everything was settled and didn\u2019t have to report it because denied it and was never proven guilty, then why would have to say anything about it?\u201d But, Dr. Kilgore adds,\"from the hiring agency\u2019s perspective, I\u2019d say it\u2019s nice to know about that in advance.\u201d Jonathan R. Alger, associate counsel to the American Association of University Professors, argues against passing along unsolicited information about professors.\"Part of the reason you protect confidentiality is that you want to encourage people to improve their behavior,\u201d he says. After he was accused of harassment, Dr. Grange says he voluntarily decided to see a counselor. He now refers to it as entering\"re-education.\u201d He and the counselor agreed that he was the real victim, he says:\"Nothing was sexual in anything said or did.\u201d He can\u2019t remember the exact complaints, but thinks his accusers were upset by some stage directions he had given them. His case has prompted Nebraska officials to reconsider the kinds of questions they should be asking prospective employees, especially because Nebraska\u2019s policy prohibits search committees from calling anyone other than the references provided by an applicant. Supporters of increased disclosure say current or former employers are unlikely to offer negative information, and so hiring institutions need to raise general questions about an applicant\u2019s behavior. In fact, some academics say that because of the tendency in academe to bury complaints, they operate under the theory that where there\u2019s enough smoke, there\u2019s fire. \u201cRumors are often dismissed as falsehoods,\u201d says Professor Moore, the Nebraska sociology professor who helped write its sexual-harassment code.\"But rumors are often a way of generating and circulating information that is subversive, challenging, and threatening.\u201d She adds:\"If knew there were rumors about an individual would pass them along and the hiring institution should find out the truth if the sending institution hasn\u2019t.\u201d She says she would act simply out of concern for students. Some lawyers say institutions should be concerned about students\u2019 suing for negligence if colleges give good references for professors who have been accused of harassment former student of the University of Pennsylvania filed such a suit in federal court in 1994. Lisa Topol claimed that she had been harassed by her English professor, Malcolm Woodfield. Along with suits against him and Penn, she also sued Bates College, his previous employer. She claimed that Bates had known of harassment complaints against him there, yet\"sent uniformly positive recommendations\u201d about him to Penn. Professor Woodfield conceded that he and Ms. Topol had had a sexual relationship but said it had been consensual and not constituted harassment. The suits were settled confidentially. At Yale, the case against Dr. Jorgenson was handled confidentially, too, until the woman who filed the complaint went to the press. She says she was angry with Yale\u2019s decision to put a reprimand in his file but to allow him to keep teaching until he left the university in January. The woman, who has not been identified, declined to give her name to The Chronicle. She claims that she and Dr. Jorgenson began dating in November 1995, when she was 17. She complained to Yale months after the relationship soured, she says, because she was angry with the way he had treated her in the end. When their relationship began, she says, she worried that they could get into trouble with Yale, but she never considered his behavior harassment. More recently, she says, she\u2019s become better educated on the subject. She has read The Lecherous Professor, for example think if Ohio State hires him knowing this, it speaks poorly of how much institutions care for their students\u2019 safety,\u201d she says.\"If you do it once, you do it twice.\u201d She acknowledges that Dr. Jorgenson has never been accused of harassing any other student, but, she says,\"how many freshmen do you get? Should you get one gratis freshman? Or two? Or three think there should be a no-tolerance zone.\u201d We welcome your thoughts and questions about this article. Please email the editors or submit a letter for publication. Subscribe Today Explore Content Latest News Newsletters Letters Free Reports and Guides Professional Development Virtual Events Chronicle Store Chronicle Intelligence Jobs in Higher Education Post a Job Know The Chronicle About Us Vision, Mission, Values at The Chronicle Write for Us Work at The Chronicle Our Reporting Process Advertise With Us Brand Studio Accessibility Statement Account and Access Manage Your Account Manage Newsletters Individual Subscriptions Group and Institutional Access Subscription & Account Get Support Contact Us Reprints & Permissions User Agreement Terms and Conditions Privacy Policy California Privacy Policy Do Not Sell My Personal Information 1255 23rd Street, N.W. Washington, D.C. 20037 \u00a9 2025 The Chronicle of Higher Education The Chronicle of Higher Education is academe\u2019s most trusted resource for independent journalism, career development, and forward-looking intelligence. Our readers lead, teach, learn, and innovate with insights from The Chronicle. Share"} |
7,277 | George Ranalli | City University of New York | [
"7277_101.pdf",
"7277_102.pdf",
"7277_103.pdf"
] | {"7277_101.pdf": "From Casetext: Smarter Legal Research Campisi v. City Univ. of Aug 9, 2016 15 Civ. 4859 (KPF) (S.D.N.Y. Aug. 9, 2016) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free 15 Civ. 4859 (KPF) 08-09-2016 CAMPISI, Plaintiff, v and RANALLI, individually, Defendants FAILLA, District Judge : Sign In Search all cases and statutes... Opinion Case details 2/17/25, 12:04 Campisi v. City Univ. of N.Y., 15 Civ. 4859 (KPF) | Casetext Search + Citator 1/19 Plaintiff Ariella Campisi filed this action alleging sexual harassment and gender discrimination under Title of the Education Amendments of 1972, 20 U.S.C. \u00a7\u00a7 1681-1688, and the New York City Human Rights Law, N.Y.C. Admin. Code \u00a7\u00a7 8-107 to 8-131 (the \"NYCHRL\"). Defendants City University of New York (\"CUNY\") and George Ranalli (\"Ranalli,\" and together with CUNY, \"Defendants\") have moved to dismiss Plaintiff's claims. For the reasons set forth in the remainder of this Opinion, Defendants' motions are denied 1 1 As is necessary on a motion to dismiss, the facts set forth in the Amended Complaint (\"Am. Compl.,\" Dkt. #20) are accepted as true. For convenience, Defendant CUNY's opening brief (Dkt. #27) is referred to as Br.\" and its reply brief (Dkt. #35) as Reply\"; Defendant Ranalli's opening brief (Dkt. #30) is referred to as \"Ranalli Br.\" and its reply brief (Dkt. #34) as \"Ranalli Reply\"; and Plaintiff's brief in opposition to both Defendants (Dkt. #33) is referred to as \"Pl. Opp.\" -------- A. Factual Background 1. Plaintiff's College Enrollment and Employment In or around the fall of 2010, Plaintiff enrolled as an undergraduate student at The City College of New York (\"City College\"), a college operated by *2 Defendant CUNY. (Am. Compl. \u00b6\u00b6 8, 14). As a student at CUNY, Plaintiff was eligible to participate in the 37 program,\" a program offering tuition assistance and healthcare benefits to students so long as they (i) were enrolled at the school, (ii) maintained a certain grade point average, and (iii) worked a minimum of 17.5 hours per week. (Id. at \u00b6\u00b6 16-17). 2 Around January 2013, Plaintiff was hired as a \"college assistant\" at the Bernard and Anne Spitzer School of Architecture (the \"Spitzer School\"), a school within City College. (Am. Compl. \u00b6\u00b6 8, 15). This position allowed Plaintiff to enroll in the 37 program and take advantage of its benefits. (Id. at \u00b6 18). As a college assistant, Plaintiff reported to Spitzer School Head of Operations Michael Miller, Assistant to the Dean Erica Wzsolek, and Dean George Ranalli. (Id. at \u00b6\u00b6 10, 19). Plaintiff worked approximately 20 hours 2/17/25, 12:04 Campisi v. City Univ. of N.Y., 15 Civ. 4859 (KPF) | Casetext Search + Citator 2/19 per week, and her responsibilities consisted of administrative work and projects requiring her to work with Ranalli. (Id. at \u00b6\u00b6 15, 19). 2. The Harassment by Ranalli On December 16, 2013, Plaintiff went to a faculty holiday party sponsored by the Spitzer School; Ranalli was also in attendance. (Am. Compl. \u00b6 20). At the end of the party, around 6:00 p.m., Ranalli approached Plaintiff and asked if she needed a car ride. (Id. at \u00b6 21). Because Ranalli was headed downtown, in the same direction as Plaintiff's train home to Brooklyn, Plaintiff accepted. (Id.). Ranalli asked Plaintiff to sit in the front passenger seat of his *3 car, while an adjunct professor also receiving a ride sat in the back seat. (Id. at \u00b6 22). Soon after they drove away from the party, Ranalli began to rub Plaintiff's leg, between her knee and her mid-thigh region just beyond the hem of her skirt, \"in a sexual manner.\" (Id. at \u00b6 23). Ranalli continued to intermittently move his hand between the car's center console and Plaintiff's leg for 30 minutes as the car drove in heavy traffic on the West Side Highway. (Id. at \u00b6 24) Plaintiff was \"shocked and disgusted\" and did not at any point convey that the touching was welcome. (Id.). 3 Once Ranalli had exited the highway and arrived at the Union Square area of Manhattan, the adjunct professor exited the back seat and began walking away from the car. (Am. Compl. \u00b6 25). As Plaintiff also exited the car, Ranalli stopped her and said he needed to talk to her \"for a minute.\" (Id.). Plaintiff paused and turned toward Ranalli, and he stated, \"[y]ou look so beautiful tonight, can kiss you?\" (Id.). Plaintiff did not respond and quickly exited the car; she then went into the restroom of the nearest restaurant and began to cry. (Id. at \u00b6 26). 3. Ranalli's Apology and CUNY's Response The next day, Plaintiff went to work and reported the incident to supervisors Wzsolek and Miller. (Am. Compl. \u00b6\u00b6 27-28). Both Wzsolek and Miller were \"disgusted\" and \"dismay[ed],\" and they expressed to Plaintiff that while she could choose to formally report the incident, Wzsolek and Miller would \"definitely report it\"; that it was \"part of [their] jobs\" to report it; and that \"[the report] would be on file.\" (Id. at \u00b6 28). Wzsolek and Miller assured *4 Plaintiff that they were \"going to take care of [it].\" (Id few 4 2/17/25, 12:04 Campisi v. City Univ. of N.Y., 15 Civ. 4859 (KPF) | Casetext Search + Citator 3/19 days later, Wzsolek informed Plaintiff that she had spoken to Ranalli, who \"confessed\" to the events and wished to apologize to Plaintiff. (Id. at \u00b6 29). In late January 2014, after Ranalli returned from winter break, he met with Wzsolek and Plaintiff in his office and apologized to Plaintiff, attributing his actions to the fact that he had been inebriated the evening of the party (including, presumably, the drive home). (Id. at \u00b6 30). In the wake of the incident, Plaintiff was relocated to an office two doors down from her original office in Ranalli's conference room, with the intention that she would not have to interact with Ranalli. (Am. Compl. \u00b6 31). Plaintiff further understood that she would no longer be assigned projects directly involving Ranalli (id. at \u00b6 33), and that would investigate the incident (id. at \u00b6 39). Wzsolek and Miller assured Plaintiff that she would have \"little to do\" with Ranalli in the future. (Id. at \u00b6 31). However, Plaintiff claims that these changes did not actually limit her contact with Ranalli: Plaintiff's new office was still on the same floor as Ranalli's office, and the two continued to see each other regularly in the hallways. (Am. Compl. \u00b6 32). Moreover, another of Plaintiff's supervisors, Camille Hall, seemingly was not informed of the incident and continued to assign Plaintiff work requiring her to interact regularly with Ranalli. (Id. at \u00b6 33). As a result of these near-daily interactions with Ranalli, Plaintiff began to suffer from stress, anxiety, and depression, and she became unable to *5 concentrate in class. (Am. Compl. \u00b6\u00b6 34-35). Both Plaintiff's grades and her work performance declined, and Wzsolek and Miller became dissatisfied with Plaintiff's work. (Id. at \u00b6 35). Finally, around May 2014, Plaintiff, Wzsolek, and Miller met and determined it would be best for Plaintiff to take a break from her job. (Id. at \u00b6 36). As a result, because she was no longer employed by the Spitzer School, Plaintiff lost eligibility for the 37 program. (Id. at \u00b6 37). 5 Around September 2014, Plaintiff's father, who worked on the campus, met with Wzsolek and informed Wzsolek that Plaintiff \"[was] not doing well\" and still struggled after the episode with Ranalli; he asked if the incident was related to Plaintiff leaving her position. (Am. Compl. \u00b6 38). 2/17/25, 12:04 Campisi v. City Univ. of N.Y., 15 Civ. 4859 (KPF) | Casetext Search + Citator 4/19 During the meeting, Wzsolek acknowledged that Ranalli had sexually harassed Plaintiff (Id.). In approximately March 2015, Plaintiff became concerned that she had not received an update regarding CUNY's investigation into the complaint filed by Wzsolek and Miller. (Am. Compl. \u00b6 39). On or about March 19, 2015, Plaintiff went to CUNY's Office of Human Resources, to which Miller had reported Plaintiff's complaint, to ask for further information. (Id.). Plaintiff was informed, however, that the complaint had been misfiled, and the Office of Diversity and Compliance, rather than the Office of Human Resources, handled sexual harassment complaints. (Id. at \u00b6\u00b6 39-40). Plaintiff was shocked and upset to discover that the promised investigation had never begun. (Id.). Plaintiff immediately went to meet with personnel from CUNY's Office of Diversity and Compliance and the Public Safety Department. (Am. Compl. *6 \u00b6 41). Michele Baptiste, the Dean of Diversity, Compliance and Faculty Relations, acknowledged that Plaintiff's complaint had never been investigated and that Plaintiff's supervisors had failed to report the incident to the proper department. (Id. at \u00b6\u00b6 41, 43). Around April 15, 2015, Baptiste wrote a letter to Plaintiff, explaining that she had finished investigating Plaintiff's complaint, that \"[t]he allegations of sexual harassment against George Ranalli were substantiated,\" and that Ranalli did not deny the claims. (Id. at \u00b6\u00b6 42-43). 6 As a result of the investigation, Ranalli was placed on administrative leave from his position as Dean of the Spitzer School. (Am. Compl. \u00b6 43). Baptiste's letter also indicated that Miller had in fact reported the incident to the Office of Human Resources, which was not the correct department; consequently, Baptiste recommended that Plaintiff's \"former supervisors receive training on the appropriate reporting procedures in sexual harassment cases.\" (Id.). In light of this, Plaintiff alleges that failed to train its employees on how to properly report sexual harassment complaints, and that failed to protect Plaintiff adequately from potential future instances of sexual harassment, even after it was notified of Plaintiff's encounter. (Id. at \u00b6 44). 2/17/25, 12:04 Campisi v. City Univ. of N.Y., 15 Civ. 4859 (KPF) | Casetext Search + Citator 5/19 B. Procedural Background Plaintiff filed her initial Complaint in this matter on June 23, 2015 (Dkt. #4), and on September 21, 2015, Defendants submitted letters indicating their intent to move to dismiss the claims (Dkt. #12, 15). After a pre-motion conference held on October 13, 2015, Plaintiff filed an Amended Complaint on *7 November 12, 2015, alleging sexual harassment under Title and discrimination on the basis of sex under the NYCHRL. (Dkt. #20). On December 16, 2015, Defendants and Ranalli each filed a motion to dismiss Plaintiff's Amended Complaint under Federal Rule of Civil Procedure 12(b)(6). (Dkt. #26, 28). Ranalli also submitted an Amended Memorandum of Law in support of his motion to dismiss on the same day. (Dkt. #30). Plaintiff filed her brief in opposition to both motions on February 1, 2016 (Dkt. #33), and Defendants each filed a reply on February 19, 2016 (Dkt. #34, 35), concluding briefing on the motion. 7 A. Applicable Law 1. Motions to Dismiss Under Fed. R. Civ. P. 12(b)(6) When considering a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), a court should \"draw all reasonable inferences in [the plaintiff's] favor, assume all well-pleaded factual allegations to be true, and determine whether they plausibly give rise to an entitlement to relief.\" Faber v. Metro. Life Ins. Co., 648 F.3d 98, 104 (2d Cir. 2011) (internal quotation marks omitted). Thus, \"[t]o survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'\" Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). \"While Twombly does not require heightened fact pleading of specifics, it does require enough facts to 'nudge [a plaintiff's] claims across the line from conceivable to plausible.'\" In re *8 Elevator Antitrust Litig., 502 F.3d 47, 50 (2d Cir. 2007) (quoting Twombly, 550 U.S. at 570). \"Where a complaint pleads facts that are 'merely consistent with' a defendant's liability, it 'stops short of the line between possibility and plausibility of entitlement to relief.'\" Iqbal, 556 U.S. at 678 (quoting Twombly, 550 U.S. at 557). Moreover, \"the 8 2/17/25, 12:04 Campisi v. City Univ. of N.Y., 15 Civ. 4859 (KPF) | Casetext Search + Citator 6/19 Folkes v. N.Y. Coll. of Osteopathic Med. of N.Y. Inst. of Tech., 214 F. Supp. 2d 273, 281-82 (E.D.N.Y. 2002) (citing Babcock v. Frank, 783 F. Supp. 800, 808 (S.D.N.Y. 1992)). With regard to the final factor, \"[t]o establish institutional liability for sexual harassment under Title IX, the plaintiff must show that 'an official who ... has authority to address the alleged discrimination and to institute corrective measures on the [institutional] recipient's behalf has tenet that a court must accept a complaint's allegations as true is inapplicable to threadbare recitals of a cause of action's elements, supported by mere conclusory statements.\" Id. at 663. 2. Sexual Harassment Claims Under Title Title IX, as amended, provides that \"[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.\" 20 U.S.C. \u00a7 1681(a). Student victims of sexual harassment at federally funded institutions have a private right of action for injunctive relief or money damages. Murray v. N.Y. Univ. Coll. of Dentistry, 57 F.3d 243, 248 (2d Cir. 1995) (citing N. Haven Bd. of Ed. v. Bell, 456 U.S. 512, 520-34 (1982); Cannon v. Univ. of Chicago, 441 U.S. 677, 688- 89 (1979); Franklin v. Gwinnett Cty. Public Schs., 503 U.S. 60, 71-73 (1992)). As compared to Title VII, \"Title focuses more on 'protecting' individuals from discriminatory practices carried out by recipients of federal funds.\" Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274, 287 (1998) (citing Cannon, 441 U.S. at 704). In order to state a claim for violation of Title IX, a plaintiff must demonstrate that: *9 9 [i] she is a member of a protected group; [ii] she was subjected to unwelcome sexual harassment in the form of sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature; [iii] the harassment was based on sex; [iv] the harassment was sufficiently severe or pervasive so as to alter the conditions of her education and create an abusive educational environment; and [v] some basis for institutional liability has been established. 2/17/25, 12:04 Campisi v. City Univ. of N.Y., 15 Civ. 4859 (KPF) | Casetext Search + Citator 7/19 actual knowledge of discrimination ... and fails adequately to respond.\" Id. (quoting Gebser, 524 U.S. at 290) (alterations in Folkes). B. Analysis 1. Plaintiff Has Stated a Claim Against for Violation of Title a. Plaintiff May Bring Her Claim Under Title It is undisputed that \"[a] student may assert a private right of action for damages directly against an educational institution for conduct violating Title IX.\" Kracunas v. Iona Coll., 119 F.3d 80, 86 (2d Cir. 1997) (citations omitted), overruled on other grounds as recognized in Hayut v. State Univ. of N.Y., 352 F.3d 733, 739 (2d Cir. 2003). Plaintiff asserts that, by virtue of being a student, \"she was entitled to the protections that Title provides irrespective of how she came into contact with\" Ranalli. (Pl. Opp. 5-6). Defendant CUNY, *10 in contrast, challenges the applicability of Title to this case, asserting that Plaintiff is suing in her capacity as an employee of the school, and that permitting plaintiffs to recover for employment discrimination under Title effectively bypasses the administrative procedures set up by Congress under Title Br. 8-9). 10 While the parties acknowledge that the Second Circuit has yet to announce definitively whether plaintiffs may bring employment discrimination claims under Title IX, see Summa v. Hofstra Univ., 708 F.3d 115, 131 (2d Cir. 2013), and other Circuits have divided on this issue, see id. at 131 n.1 (collecting cases), courts within this Circuit have suggested that such a cause of action may proceed, see, e.g., Kohlhausen v Rockland Cmty. Coll., No. 10 Civ. 3168 (JSG), 2011 1404934, at *9 (S.D.N.Y. Feb. 9, 2011) (finding that \"Title provides a private right of action against gender discrimination to employees of federally-funded educational institutions, and [ ] this Title right of action is not preempted although a remedy under Title is also available\"), abrogated on other grounds by Leitner v. Westchester Cmty. Coll., 779 F.3d 130 (2d Cir. 2015); Henschke v. N.Y. Hospital-Cornell Med. Ctr., 821 F. Supp. 166, 171-72 (S.D.N.Y. 1993) (\"The scope of protection under Title includes a prohibition against gender-based employment discrimination by educational programs receiving federal financial support.... This Court ... finds that a private right of action for employment discrimination exists 2/17/25, 12:04 Campisi v. City Univ. of N.Y., 15 Civ. 4859 (KPF) | Casetext Search + Citator 8/19 under Title separate and apart from Title and without regard to the availability of the Title remedy.\"); but see Vega v. State Univ. of N.Y., No. 97 Civ. 5767 (DLC), *11 2000 381430, at *3 (S.D.N.Y. Apr. 13, 2000) (\"This Court agrees with the Fifth Circuit and numerous district courts that have held that Title provides the exclusive remedy for individuals alleging employment discrimination on the basis of sex, and limiting money damages under Title to student plaintiffs.\"). 11 In the instant case, however, the Court finds that Plaintiff has sufficiently alleged that she was denied educational resources and opportunities as a student as a result of the events at issue; that is, in claiming discrimination that impacted both her education and her student employment, Plaintiff is quite unlike the typical plaintiff who seeks to bring employment discrimination claims under Title IX. In the Amended Complaint, Plaintiff alleges that she participated in the 37 program, offered by CUNY, which rendered her eligible for a \"tuition fee waiver,\" and allowed her to receive certain health care benefits. (Am. Compl. \u00b6\u00b6 16-18). Plaintiff claims that she was financially dependent on her on-campus job (id. at \u00b6 50), and that it allowed her to maintain her enrollment at CUNY. When her work performance declined as a result of the incident and the subsequent near-daily interactions with Ranalli, Plaintiff was asked to take a leave from the position and thus lost eligibility for the tuition assistance program. (Id. at \u00b6\u00b6 36-37). Because the harassment Plaintiff experienced jeopardized not only her academic performance but also the tuition assistance provided by that helped her remain enrolled in school, materially affecting her education, the Court finds that Plaintiff has alleged that she was denied access to educational opportunities, and will allow the claim to proceed under Title IX. *12 12 While discovery may ultimately reveal that the program through which Plaintiff worked does not bear enough connection to her status as a student to allow her to sue under Title IX, or that her continued participation in the program did not affect her access to educational opportunities, the Amended Complaint pleads otherwise. At this stage, the Court must accept all of Plaintiff's allegations as true and draw all reasonable inferences in her favor, and here she has passed the threshold permitting her Amended Complaint to proceed under Title IX. 2/17/25, 12:04 Campisi v. City Univ. of N.Y., 15 Civ. 4859 (KPF) | Casetext Search + Citator 9/19 b. Plaintiff Has Sufficiently Pleaded Sexual Harassment Under Title As stated above, for an educational institution to be liable for sexual harassment under Title IX, a plaintiff must demonstrate that \"a school official with authority to address the alleged discrimination and to institute corrective measures\" had \"actual knowledge\" of the sexual harassment and responded with \"deliberate indifference.\" Papelino v. Albany Coll. of Pharm. of Union Univ., 633 F.3d 81, 89 (2d Cir. 2011) (citing Gebser, 524 U.S. at 280 (internal quotations omitted)); see also Zeno v. Pine Plains Cent. Sch. Dist., 702 F.3d 655, 665 (2d Cir. 2012) (finding that, like a Title claim, a Title claim requires \"[i] substantial control, [ii] severe and discriminatory harassment, [iii] actual knowledge, and [iv] deliberate indifference\" (internal citations omitted)). i. Plaintiff Has Pleaded Severe and Pervasive Harassment Plaintiff claims that Ranalli's inappropriate conduct and the school's delayed response created a hostile environment that interfered with Plaintiff's *13 education and caused her to suffer from depression and anxiety. (Am. Compl. \u00b6\u00b6 46, 48). In opposition contends that the single instance of inappropriate behavior by Ranalli was neither severe nor pervasive enough to create a hostile environment under Title standards Br. 12-14). 13 plaintiff may assert a Title claim of sexual harassment under two theories: (i) quid pro quo harassment or (ii) hostile environment. See, e.g., Papelino, 633 F.3d at 89; Torres v. Pisano, 116 F.3d 625, 630 (2d Cir. 1997). \"[A] Title hostile education environment claim is 'governed by traditional Title 'hostile environment' jurisprudence.'\" Papelino, 633 F.3d at 89 (citing Hayut, 352 F.3d at 744 Title plaintiff must show that [i] [s]he subjectively perceived the environment to be hostile or abusive and that [ii] the environment objectively was hostile or abusive, that is, that it was permeated with discriminatory intimidation, ridicule, and insult sufficiently severe or pervasive to alter the conditions of [her] educational environment.\" Id. (citing Hayut, 352 F.3d at 745). \"[W]hether sexual harassment alters the conditions of employment 'is not, and by its nature cannot be, a mathematically precise test.'\" Schiano v. Quality Payroll Syst., Inc., 445 F.3d 597, 605 (2d Cir. 2006) (citing Harris v. 2/17/25, 12:04 Campisi v. City Univ. of N.Y., 15 Civ. 4859 (KPF) | Casetext Search + Citator 10/19 Forklift Sys., 510 U.S. 17, 22 (1993)). \"Making a 'hostility' determination in the educational context, as in the employment context, entails examining the totality of the circumstances, including: 'the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with' the *14 victim's academic performance.\" Hayut, 352 F.3d at 745 (citing Harris, 510 U.S. at 23). As stated in the Title context, \"[i]solated incidents typically do not rise to the level of a hostile work environment unless they are 'of sufficient severity' to 'alter the terms and conditions of employment as to create such an environment.'\" Demoret v. Zegarelli, 451 F.3d 140, 149 (2d Cir. 2006) (quoting Patterson v. County of Oneida, 375 F.3d 206, 227 (2d Cir. 2004)). \"Generally, 'incidents must be more than episodic; they must be sufficiently continuous and concerted in order to be deemed pervasive.'\" Id. (quoting Alfano v. Costello, 294 F.3d 365, 374 (2d Cir. 2002)). 14 However, the Second Circuit has cautioned that \"hostile work environment claims present mixed questions of law and fact that are especially well- suited for jury determination.\" Schiano, 445 F.3d at 605 (internal citations omitted). Further, as the Second Circuit recently held in the Title context, \"[a] complaint under Title IX, alleging that the plaintiff was subjected to discrimination on account of sex in the imposition of university discipline, is sufficient with respect to the element of discriminatory intent, like a complaint under Title VII, if it pleads specific facts that support a minimal plausible inference of such discrimination.\" Doe v. Columbia Univ., \u2014 F.3d \u2014, Nos. 15-1536-cv (L), 15-1661-cv (XAP), 2016 4056034, at *7 (2d Cir. July 29, 2016) (emphasis added). Here, the totality of the circumstances lends itself to a jury determination, or at the very least, to reevaluation after the close of discovery. Plainly, the harassment at issue was not frequent, as Ranalli only rubbed *15 Plaintiff's thigh on one occasion, and Plaintiff alleges no further incidents of harassment after the event. (Am. Compl. \u00b6\u00b6 23-24). Nor was it notably \"severe,\" as Plaintiff's thigh is not an especially intimate body part. Cf. Redd v. N.Y. State Div. of Parole, 678 F.3d 166, 180 (2d Cir. 2012) (\"Direct contact with an intimate body part constitutes one of the most severe forms of sexual harassment....\"). Plaintiff's reference to the presence of an adjunct professor in the back seat of the car may cut both ways: while a third party's 15 2/17/25, 12:04 Campisi v. City Univ. of N.Y., 15 Civ. 4859 (KPF) | Casetext Search + Citator 11/19 presence may have rendered the events less physically threatening, it might simultaneously have made the situation more humiliating for Plaintiff. To be clear, the Court has surveyed the landscape of hostile environment allegations in this Circuit under Title and Title IX, and Plaintiff's claims fall on the less \"severe\" end of the spectrum; indeed, courts have dismissed similar cases involving single incidents of inappropriate touching or behavior. See, e.g., Ballance v. Energy Transp. Corp., No. 00 Civ. 9180 (LMM), 2001 1246586, at *2, 11 (S.D.N.Y. Oct. 18, 2001) (finding Plaintiff failed to state a claim for hostile work environment based on \"one isolated incident\" of a co-worker touching her buttocks and untying her apron); Prince v. Cablevision Sys. Corp., No. 04 Civ. 8151 (RWS), 2005 1060373, at *9 (S.D.N.Y. May 6, 2005) (finding no hostile work environment where plaintiff's co-worker attempted to kiss her, solicited her for sex, and made additional inappropriate sexual comments). But see Howley v. Town of Stratford, 217 F.3d 141, 154 (2d Cir. 2000) (\"[T]here is neither a threshold magic number of harassing incidents that gives rise, without more, to liability as a matter of law, nor a number of *16 incidents below which a plaintiff fails as a matter of law to state a claim.\" (internal citations and quotation marks omitted)). 16 Nonetheless, the rubbing of Plaintiff's leg continued sporadically for thirty minutes, while Plaintiff was confined to a moving car on the highway at night, from which she could not leave. Further, while Plaintiff was an undergraduate student working as a college assistant, Ranalli was the significantly older dean of a school within City College \u2014 putting him in a position of power \u2014 as well as one of Plaintiff's own supervisors at work. Moreover, Plaintiff alleges that the incident and its aftermath caused her to become depressed and anxious, interfering significantly with her performance at both school and at work. In light of these allegations, considered in the light most favorable to Plaintiff, the Court finds that Plaintiff's allegations suggest that the incident effectively altered the conditions of her education (as well as her employment), and thus the Amended Complaint traverses the line of plausibility required at the motion to dismiss stage. ii. Plaintiff Has Pleaded Actual Knowledge 2/17/25, 12:04 Campisi v. City Univ. of N.Y., 15 Civ. 4859 (KPF) | Casetext Search + Citator 12/19 With regard to the second prong, the Amended Complaint alleges that Plaintiff informed her direct supervisors, who attempted to file a complaint on her behalf. (Am. Compl. \u00b6\u00b6 27-28). It further alleges that while Plaintiff's supervisors failed to send the complaint to the correct department, they were later informed of the proper procedures and destination for such complaint. (Id. at \u00b6\u00b6 40, 43). From these facts, the Court infers that it was within Plaintiff's supervisors' power to \"address the alleged discrimination,\" Papelino, *17 633 F.3d at 89, and that they were aware of the harassment at issue. Thus, Plaintiff has met the burden of demonstrating actual knowledge. 17 iii. Plaintiff Has Pleaded CUNY's Deliberate Indifference Plaintiff further alleges that CUNY's response to the incident was deliberately indifferent because, in spite of her meeting with supervisors immediately following the incident, Plaintiff was still required to interact with and work for Ranalli on a regular basis. (Am. Compl. \u00b6\u00b6 33-34). Moreover, Plaintiff's supervisors' complaint went unacknowledged after being misfiled, and no investigation into the harassment took place until more than a year later, when Plaintiff contacted the Office of Diversity and Compliance. (Id. at \u00b6\u00b6 39-41). Defendant argues, in opposition, that it adequately responded to Plaintiff's complaint by relocating Plaintiff's office \u2014 after which she made no further claims of harassment \u2014 and by promptly investigating Plaintiff's allegations and taking corrective action following proper receipt of Plaintiff's complaint Br. 15-17 further alleges that, during the year following the harassment incident, Plaintiff simply failed to follow up with her supervisors or the Office of Human Resources, which does not amount to deliberate indifference. (Id. at 16-17 finding of deliberate indifference depends on the adequacy of a school district's response to the harassment.\" Zeno, 702 F.3d at 666 (citing Hayut, 352 F.3d at 750). An employer or educational institution is deliberately indifferent when its \"response to known discrimination 'is clearly unreasonable in light of the known circumstances.'\" Hayut, 352 F.3d at 751 (citing Gant v. *18 Wallingford Bd. of Educ., 195 F.3d 134, 141 (2d Cir. 1999 plaintiff may show that a school was deliberately indifferent if its response was \"not reasonably calculated to end harassment,\" Zeno, 702 F.3d at 669; if 18 2/17/25, 12:04 Campisi v. City Univ. of N.Y., 15 Civ. 4859 (KPF) | Casetext Search + Citator 13/19 its inaction \"cause[d] students to undergo harassment or ma[d]e them liable or vulnerable to it,\" Davis v. Monroe County Bd. of Educ., 526 U.S. 629, 645 (1999); or if \"remedial action only follow[ed] after a lengthy and unjustified delay,\" Hayut, 352 F.3d at 751 (internal citations omitted). Here, while Plaintiff cites no additional instances of harassment by Ranalli, she alleges sufficient facts to establish deliberate indifference at the motion to dismiss stage. First, Plaintiff claims that despite Wzsolek's and Miller's assurances that she would have \"little to do\" with Ranalli, Plaintiff's office was only moved two doors down from its original location and she continued to see Ranalli regularly in the hallways. (Am. Compl. \u00b6\u00b6 31-33). Second, though Wzsolek alerted Miller of the harassment, the two failed to inform another of Plaintiff's supervisors, Camille Hall, who continued to assign Plaintiff projects that required interaction with Ranalli. (Id. at \u00b6 33). Third, despite Wzsolek's and Miller's promises that they were obligated to and would report the incident, neither they nor the Office of Human Resources properly reported the matter, delaying CUNY's investigation for more than a year until Plaintiff reached out to the Office of Diversity and Compliance herself. (Id. at \u00b6\u00b6 28, 39-41). Furthermore, Plaintiff is not demanding a specific remedy that the school administrators refused to grant to her \u2014 rather, she contends that the school's failure to officially document or investigate the issue, and the office *19 relocation that left her in continued contact with Ranalli, were insufficient solutions that left her vulnerable to future harassment. 19 While Wzsolek and Miller likely intended to report the matter, and may have accounted for Ranalli's apology and for the likelihood of further sexual harassment when taking remedial measures, Plaintiff has nonetheless stated facts that could plausibly demonstrate that the school unjustifiably delayed its investigation and did not adequately protect Plaintiff from the risk of additional harassment. 2. Plaintiff Has Stated a Claim Against Ranalli for Violation of the In the second cause of action in her Amended Complaint, Plaintiff alleges that Ranalli aided and abetted in its discriminatory conduct against 2/17/25, 12:04 Campisi v. City Univ. of N.Y., 15 Civ. 4859 (KPF) | Casetext Search + Citator 14/19 Plaintiff. (Am. Compl. \u00b6\u00b6 60-62). Ranalli contends, in opposition, that (i) he cannot be held liable absent \"actionable conduct\" by someone amounting to gender discrimination (Ranalli Br. 6-10); (ii) he cannot be held liable for aiding and abetting gender discrimination absent CUNY's liability (id.); and (iii) in any event, courts have not uniformly permitted individuals to be held liable as aiders and abettors to their own acts under the NYCHRL, and that issue should be left for state courts to resolve (id. at 10-14). All of Defendant's asserted grounds for dismissal fall short. At the outset, for the reasons discussed above, Plaintiff has sufficiently alleged gender discrimination against under Title IX, mooting Ranalli's second contention that there can be no derivative claim for aiding and abetting this conduct. *20 20 a. Plaintiff Has Pleaded Discrimination Under the With regard to the substance of Plaintiff's claim, Ranalli maintains that Plaintiff's allegations do not fall into one of three distinct patterns of sexual harassment under the NYCHRL, particularly as Plaintiff never signaled an overt objection to Ranalli's conduct; thus, he claims, there is no actionable conduct. (Ranalli Br. 6-10). In 2005, the New York City Council amended the NYCHRL, creating a \"one- way ratchet\" so that \"state and federal civil rights statutes can serve only as a floor below which the City's Human Rights law cannot fall,\" and also construing the NYCHRL's protections more capaciously. Mihalik v. Credit Agricole Cheuvreux N. Am., Inc., 715 F.3d 102, 109 (2d Cir. 2013). Consequently, the Court must \"constru[e] the NYCHRL's provisions 'broadly in favor of discrimination plaintiffs, to the extent that such a construction is reasonably possible.'\" Id. (citing Albunio v. City of N.Y., 16 N.Y.3d 472, 477-78 (2011)). Instead of requiring the Title standard of \"severe or pervasive\" harassment, the only requires that the plaintiff show \"'by a preponderance of the evidence that she has been treated less well than other employees because of her gender.'\" Id. at 110 (citing Williams v. N.Y.C. Hous. Auth., 872 N.Y.S.2d 27, 39 (1st Dep't 2009)). The disparate treatment need not be a \"tangible' action such as \"hiring or firing,\" but does need to be motivated \"at least in part\" by discrimination. Id. 2/17/25, 12:04 Campisi v. City Univ. of N.Y., 15 Civ. 4859 (KPF) | Casetext Search + Citator 15/19 (internal citations omitted). Yet the is not a \"general civility code,\" and it makes available an affirmative defense if the alleged discriminatory conduct \"consists of nothing more than *21 what a reasonable victim of discrimination would consider 'petty slights and trivial inconveniences.'\" Id. at 111 (citing Williams, 872 N.Y.S.2d at 41). 21 Here, Plaintiff has sufficiently alleged that she was subjected to \"unwanted gender-based conduct,\" Mihalik, 715 F.3d at 110 (citing Williams, 872 N.Y.S.2d at 38), as evidenced by the survival of her Title claim. First, the conduct was clearly gender-based. Ranalli's rubbing of Plaintiff's thigh, his remark that Plaintiff \"look[ed] so beautiful tonight,\" and his request to kiss Plaintiff would not have occurred but for Plaintiff's gender. As a result, Plaintiff was subject to differential treatment based on her gender. And while Defendant Ranalli attempts to group claims into three limited and distinct categories \u2014 (i) a single, egregious incident, (ii) repeated harassing conduct, or (iii) propositioning or sexual comments directed toward an individual \u2014 the Court has already determined that Plaintiff's allegations, taken in the light most favorable to her, permit an inference that the single incident at issue was severe enough to support a Title violation. See supra at 12-16. Thus, it necessarily supports an violation as well. See Mihalik, 715 F.3d at 109 (\"[S]tate and federal civil rights statutes can serve only as a floor below which the City's Human Rights law cannot fall.\" (internal quotation marks omitted)). Further, it is not implausible for the Court to infer at this stage that the conduct was unwanted. The Court acknowledges the Supreme Court's observation that \"the question [of] whether particular conduct was indeed unwelcome\" depends on \"whether respondent by her conduct indicated that *22 the alleged sexual advances were unwelcome.\" Meritor Sav. Bank v. Vinson, 477 U.S. 57, 68 (1986) (citing 29 C.F.R. \u00a7 1604.11(a) (1985)). However, such a determination, like a hostile environment determination, may call for a consideration of the particular context and factual circumstances. See id. at 68-69 (holding that \"credibility determinations committed to the trier of fact,\" and other evidence such as a \"complainant's sexually provocative speech or dress\" may help indicate whether a defendant's actions were unwelcome). 22 2/17/25, 12:04 Campisi v. City Univ. of N.Y., 15 Civ. 4859 (KPF) | Casetext Search + Citator 16/19 Here, while Plaintiff does not allege that she explicitly rejected Ranalli's advances, the situation in its entirety may suggest that the lack of a positive response on Plaintiff's part was adequate: as the Court has repeatedly observed, there was a large age gap and power differential between Plaintiff, a student assistant, and Ranalli, a much older dean of a school in a supervisory position; the incident occurred at night in a moving vehicle on the highway, giving Plaintiff no option to leave the situation; and Ranalli was inebriated. As a result, the Court declines to hold as a matter of law that Plaintiff was not subjected to unwelcome gender-based conduct, and finds that Plaintiff has sufficiently alleged disparate treatment under the by Ranalli. b. Ranalli May Be Liable Under an Aiding and Abetting Theory for His Own Conduct \"The allows for the possibility of aiding and abetting liability for individual defendants, providing that '[i]t shall be an unlawful discriminatory practice for any person to aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this chapter, or to attempt to do so.'\" Henry-Offor v. City Univ. of N.Y., No. 11 Civ. 4695 (NRB), 2012 2317540, at *5 (S.D.N.Y. *23 June 15, 2012) (citing N.Y.C. Admin. Code \u00a7 8- 107(6)). While Ranalli contends that \"a person cannot aid and abet his own allegedly discriminatory conduct\" under the (Ranalli Opp. 10), courts within this Circuit have held that \"[a] plaintiff's co-worker or supervisor may be held liable under this provision if he 'actually participates in the conduct giving rise to a discrimination claim.'\" Henry-Offor, 2012 2317540, at *5 (citing Tomka v. Seiler Corp., 66 F.3d 1295, 1317 (2d Cir. 1995)); see also Feingold v. New York, 366 F.3d 138, 157-58 (2d Cir. 2004) (same); Torres v. N.Y. Methodist Hosp., No. 15 Civ. 1264 (PKC), 2016 3561705, at *12 (E.D.N.Y. Jan. 7, 2016) (\"An individual need not have supervisory or hiring/firing power to be subject to suit under [the NYCHRL], so long as he actually participated in the conduct giving rise to the discrimination claim.\" (citations omitted)). 23 Here, as discussed at length above, Plaintiff's Title claim for gender discrimination against has been sustained, and the Amended Complaint alleges that Ranalli actively participated in, and indeed was 2/17/25, 12:04 Campisi v. City Univ. of N.Y., 15 Civ. 4859 (KPF) | Casetext Search + Citator 17/19 primarily responsible for, the events underlying the discrimination. Consequently, the Court will permit Plaintiff's claim of aiding and abetting liability against Ranalli to proceed. Moreover, because Plaintiff's Title claim has been sustained and her shares a \"common nucleus of operative fact,\" Achtman v. Kirby, McInerney & Squire, LLP, 464 F.3d 328, 335 (2d Cir. 2006), the Court will exercise its supplemental jurisdiction and will not dismiss this state law claim against Ranalli. *24 24 For the reasons stated above, Defendants' motions to dismiss are hereby DENIED. The Clerk of Court is directed to terminate docket entries 26 and 28. The parties are directed to appear for a conference with the Court on Wednesday, August 30, 2016, at 4:00 p.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. On or before Thursday, August 25, 2016, the parties shall submit a proposed Case Management Plan, as well as the joint status letter contemplated by the Plan ORDERED. Dated: August 9, 2016 New York, New York /s/_________ United States District Judge About us Jobs News Twitter 2/17/25, 12:04 Campisi v. City Univ. of N.Y., 15 Civ. 4859 (KPF) | Casetext Search + Citator 18/19 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. 2/17/25, 12:04 Campisi v. City Univ. of N.Y., 15 Civ. 4859 (KPF) | Casetext Search + Citator 19/19", "7277_102.pdf": "Nearly three dozen educators at public and private New York City colleges have landed in a national rogue\u2019s gallery of allegedly pervy professors. The academics accused of sexual misconduct range from instructors at Ivy League Columbia University to teachers and even a dean at taxpayer-funded City University of New York. The national database of misbehavers has been compiled by Michigan State University researcher Julie Libarkin, a prof who began scouring the internet in 2016 to find cases after hearing about an accused Chicago professor who simply transferred from one college to another. \u201cAs a woman, as someone in a male-dominated field know that sexual misconduct is quite common,\u201d said Libarkin, an earth and environmental science professor decided just to see how common sexual misconduct was.\u201d Dozens of college professors feature in national database of pervy professors By Melissa Klein Published Sep. 7, 2019, 6:25 p.m John Jay professors Barry Spunt, Anthony Marcus and Ric Curtis were accused of sexual misconduct. John Jay College News Metro Long Island Politics World News 2/17/25, 12:04 Dozens of college professors in national sexual misconduct database 1/4 The database has reached nearly 1,000 cases, the oldest dating to 1917, but most are more recent. She includes situations where there is a guilty finding by a university, a legal settlement, an admission of guilt or the accused has resigned or died in the midst of a probe. The 32 cases in New York City include accusations first revealed in The Post against four John Jay College of Criminal Justice professors. They were accused in a June lawsuit by two former students of creating a \u201ccesspool of sexism, misogyny, sexual harassment and illegal drug use.\u201d John Jay is moving to fire three of the profs after an internal probe while the contract for the fourth was not renewed. At another college, George Ranalli, the former dean of the Spitzer School of Architecture, made the list after being accused of inappropriately touching a student to whom he was giving a ride home. The student sued and Ranalli, who denied the allegations in court papers settled the case for $80,000 over Ranalli\u2019s objections, his lawyer said. Eleven Columbia University professors and administrators made the cut. William Harris, a well-known Greco-Roman scholar, was accused in a 2017 lawsuit of trying to grope and kiss a doctoral student. He retired in December \u201cin conjunction with the settlement of a lawsuit brought against him and Columbia,\u201d according to an email sent to students. He did not return a request for comment. Most of the accused were men, but there were exceptions. Avital Ronell, a famed New York University professor of German and comparative literature, was suspended for the 2018-19 year after a school probe found she sexually harassed a male graduate student, according to published reports petition sought to keep Ronell from returning to the university this fall, saying \u201cNYU\u2019s handling of the case suggests that its stated commitment to diversity and inclusion is nothing more than tokenism in place of actual institutional reform university spokesman said last week that Ronell\u2019s \u201cinteractions with students will be monitored to ensure that she has absorbed the lessons of her misconduct.\u201d Ronell did not return a request for comment , 9/7/19 Creep caught doing \u2018disgusting\u2019 act in public pool \u2014 with children just feet away Recidivist sicko busted in sex assault spree \u2014 just one day after judge let him walk free on violent robbery charges Woman reveals genius tactic to fend off men\u2019s unwanted advances at the beach Ex-students say John Jay College, professors created a 'cesspool of sexism' Queens hoarder claims she has fortune hidden among trash m 2/17/25, 12:04 Dozens of college professors in national sexual misconduct database 2/4 Just like Bridget Jones, Ren\u00e9e Zellweger is finding love after heartbreak \u2014 at age 55 Chevy Chase attends 50' special after slamming show \u2014 and nearly coming to blows with Bill Murray 2/17/25, 12:04 Dozens of college professors in national sexual misconduct database 3/4 \u00a9 2025 Holdings, Inc. All Rights Reserved Terms of Use Membership Terms Privacy Notice Sitemap Your California Privacy Rights 2/17/25, 12:04 Dozens of college professors in national sexual misconduct database 4/4", "7277_103.pdf": "August 4, 2015 by mjpospis Title Sexual Harassment Lawsuit Against and Dean George Ranalli Here is the recently-filed sexual harassment complaint, captioned Campisi v. City University of New York and Dean George Ranalli 15-cv-04859 ( George-Ranalli.pdf), in which plaintiff alleges that she was subjected to sexual harassment. She seeks relief under Title of the Educational Amendments of 1972, 20 U.S.C. 1681, and the New York City Human Rights Law. Pospis Law 2/17/25, 12:04 Title Sexual Harassment Lawsuit Against and Dean George Ranalli \u2013 Pospis Law 1/3 Case 1:15-cv-04859 Document 4 Filed 06/23/15 Page 1 Download this 1 of 12 \ue9c6\ue9a2 Pospis Law 2/17/25, 12:04 Title Sexual Harassment Lawsuit Against and Dean George Ranalli \u2013 Pospis Law 2/3 Download this 1 of 12 \ue9c6\ue9a2 Share This: (/#facebook) (/#x) (/#linkedin) (/#reddit) (/#email) (/#print) Posted in: Employment Discrimination, Lawsuits, Sexual Harassment Tagged Human Rights Law, Title of the Education Amendments of 1972 305 Broadway, 7th Floor New York 10007 (212) 227-2100 mike@pospislaw.com Contact Form Employment Discrimination Sexual Harassment in Employment Hostile Work Environment Personal Injury Attorney Advertising. Prior results do not guarantee or suggest a similar outcome. Viewing, accessing, or using this website (including but not limited to the Blog and/or Contact Form) does not create an attorney- client relationship between you and Pospis Law, PLLC. Nothing on this website constitutes legal advice. Disclaimer Statement of Client\u2019s Rights Login Copyright \u00a9 2025 Pospis Law, PLLC. Powered by WordPress and Themelia. Pospis Law 2/17/25, 12:04 Title Sexual Harassment Lawsuit Against and Dean George Ranalli \u2013 Pospis Law 3/3"} |
7,507 | Shrikrishna Singh | Pennsylvania State University – Hazleton | [
"7507_101.pdf",
"7507_102.pdf"
] | {"7507_101.pdf": "Prof Found Guilty Of Sex Charge Shrikrishna Sing Has Lawsuit Pending Against Penn State Hazleton, Which Fired Him Last Year June 24, 1998 \ud83d\udd0a Listen to this Tired of ads? Subscribers enjoy a distraction-free reading experience. Click here to subscribe today or Login. By MORGAN-BESECKER; Times Leader Staff Writer Wednesday, June 24, 1998 Page: 4A former Penn State Hazleton professor accused of making sexual advances toward a female student was found guilty Tuesday of two counts of indecent assault. Jurors found Shrikrishna Singh fondled the 18-year-old woman on two occasions in April 1996, but acquitted him of a third count of indecent assault lodged for a separate alleged incident the same month. The woman claimed Singh, her chemistry professor, lured her to his home under the pretense of helping her with her class work. Singh, 47, of the Drums section of Butler Township, was fired by Penn State last year. He has a lawsuit pending against the university in which he claims the sexual misconduct charges were fabricated against him because he is from India. During the two-day criminal trial, Deputy District Attorney Joseph Vullo portrayed Singh as a master manipulator who used his power and position to coerce the freshman into submitting to his sexual advances. Vullo said Singh first won the approval of the woman\u2019s parents, who were impressed by his seemingly altruistic efforts. Then he isolated the woman from her family and friends by requiring her to spend excessive time with him. But Singh\u2019s attorney, Frank Nocito, painted a different picture during the Luzerne County Court of Common Pleas trial. Nocito attacked the woman\u2019s story, questioning why she returned to Singh\u2019s home 10 times after the first incident on April 16, 1996. The woman claimed Singh attempted to kiss her while they were sitting on a 2/17/25, 12:04 Prof Found Guilty Of Sex Charge Shrikrishna Sing Has Lawsuit Pending Against Penn State Hazleton, Which Fired Him Last Ye\u2026 1/2 couch and that she was \u201cnever so scared in her life,\u201d Nocito said. Yet she admitted she returned to Singh\u2019s home the next day and stayed until 10 p.m. \u201cDoes it make sense that the day after `you were never so scared in your life\u2019 to go back to the person who so scared you and stay at their house till 10 o\u2019clock at night?\u201d Nocito asked. Singh also was charged with fondling the woman on April 23 and April 30 of 1996. The woman did not report the alleged incidents until May 9 of that year, however. Nocito implied the woman fabricated the stories to get excused from Singh\u2019s class and her position as his lab assistant, which was taking too much of her personal time. \u201cHer parents would not accept her saying she simply did not want to go to the lab,\u201d Nocito said. \u201cThe way out was to make an allegation against Dr. Singh so she did not have to go back.\u201d Vullo balked at the implication, defiantly telling jurors to acquit Singh if they believed that story. \u201c(She) lied and continued to lie to get out of a lab because her parents would be mad?\u201d Vullo said incredulously. \u201c(She) came here and told this embarrassing story to strangers to get out of a lab? If you believe that, find him not guilty.\u201d Jurors found Singh guilty of indecent assault for the April 16 and April 30 incidents, but acquitted him of the charge for the alleged April 23 incident. In addition, Judge Patrick Toole Jr. dismissed three additional counts of indecent assault, ruling the prosecution h Times Leader Archivist \ue809 2/17/25, 12:04 Prof Found Guilty Of Sex Charge Shrikrishna Sing Has Lawsuit Pending Against Penn State Hazleton, Which Fired Him Last Ye\u2026 2/2", "7507_102.pdf": "ecc43e449fb8.html Hazelton professor terminated Jodi Hanauer Sep 8, 1997 When students at the Hazleton Campus of the University's Commonwealth College returned for Fall Semester, they learned that a chemistry professor had been fired for sexual harassment. The decision to terminate Shrikrishna Singh, assistant professor of chemistry, from the Hazleton Campus faculty, was upheld in July after an official investigation, according to a University news release. Singh was charged with six counts of indecent assault against an 18-year-old female Hazleton student, according to a Butler Township police affidavit. In the affidavit, Singh denied any involvement and said the accusations were false. \"Penn State has zero tolerance for sexual harassment and the outcome of this case proves that we take all complaints from students very seriously.\" - Paula Callery, the regional director of Development and University Relations at Hazleton 2/17/25, 12:04 Hazelton professor terminated | Archived News | Daily Collegian | psucollegian.com 1/3 According to the affidavit, Singh had the student come over to his house several times to help her study. During these times he made romantic advances towards her, such as kissing and hugging her against her will, and got progressively more sexual, according to the affidavit. On one of the house visits, he convinced her to enter the master bedroom, where he started to perform sexual acts on her, according to the affidavit. When the student returned home that night, her mother noticed her crying, according to the affidavit. She subsequently told her mother about the situation, according to the affidavit. The incidents were soon reported to the school administration and police. Donald Flaim (freshman-computer science), a Hazleton student, who said he was aware of the case because he had read about it in the local newspapers, said he agreed with the outcome. \"I've never heard anyone discuss this case on campus and, although the case should have a certain amount of privacy don't think it was fair of the University to lock up this information to us students,\" Flaim said. Student allegations were made against Singh in May 1996, and the University immediately investigated the allegations, according to the University's release. Penn State Office of Judicial Affairs After University officials made a comprehensive review of all the information, Singh's employment was terminated in June 1996, according to the release. Singh appealed his termination through an internal University committee comprised of two deans and three faculty members, according to the release. The committee then conducted an \"extensive and detailed review of the case,\" according to the release. Singh was informed in July that the committee unanimously upheld the decision to terminate his employment, according to the release. Paula Callery, the regional director of Development and University Relations at Hazleton, said Singh had been part of the faculty since 1990. 2/17/25, 12:04 Hazelton professor terminated | Archived News | Daily Collegian | psucollegian.com 2/3 \"Officials from University Park made an absolute thorough investigation into Singh's accusations before he was fired, and Singh had the right to appeal, which he did,\" Callery said. Callery would not comment on the allegations. \"Penn State has zero tolerance for sexual harassment and the outcome of this case proves that we take all complaints from students very seriously,\" Callery said. Bryan Van Peenen (freshman-kinesiology), who attends Hazleton Campus, said he wasn't aware of the case. \"They should have told us that it happened before because it involves a teacher that was on our campus,\" Van Peenen said. Van Peenen said he was surprised to find out this had happened at Hazleton because it is a small campus, but didn't think that it would garner anything more than just a quick conversation with other students. \"Students will be more aware that sexual harassment can happen anywhere,\" Van Peenen said. 2/17/25, 12:04 Hazelton professor terminated | Archived News | Daily Collegian | psucollegian.com 3/3"} |
7,455 | Cliff Eisen | New York University | [
"7455_101.pdf",
"7455_102.pdf",
"7455_103.pdf",
"7455_104.pdf",
"7455_105.pdf"
] | {"7455_101.pdf": "Miles v. New York University, 979 F. Supp. 248 (S.D.N.Y. 1997) U.S. District Court for the Southern District of New York - 979 F. Supp. 248 (S.D.N.Y. 1997) October 7, 1997 979 F. Supp. 248 (1997) Jennifer MILES, Plaintiff, v UNIVERSITY, Defendant. No. 94 Civ. 8685 (WK). United States District Court, S.D. New York. October 7, 1997. Daniel J. Kaiser, Kaiser, Saurborn & Mair, P.C., New York City, for Plaintiff. Ada Meloy, S. Andrew Schaffer, New York City, for Defendant KNAPP, Senior District Judge. This is an action brought under Title of the Education Amendments of 1972, as amended, 20 U.S.C. \u00a7 1681, et seq. (\"Title IX\") against defendant New York University for sexual harassment alleged to have been suffered from a professor. The university moves [1] 2/17/25, 12:05 Miles v. New York University, 979 F. Supp. 248 (S.D.N.Y. 1997) :: Justia 1/4 for summary judgment on two grounds: (1) The facts are such that the university can't be held liable for the conduct of its professor; and (2) plaintiff Jennifer Miles is not protected under Title because, although admitted to the school as a female and at all relevant times treated as such, plaintiff is in fact a male-to-female transsexual who, at the time of the professor's alleged conduct, was in the process of becoming a female. For reasons which follow, we reject both of defendant's positions. *249 For the purposes of this motion we accept as true all facts alleged in the complaint and asserted by plaintiff in affidavits opposing the motion. Plaintiff began a program of graduate studies in musicology at defendant New York University (\"NYU\") in September, 1990. Among the professors under whom plaintiff studied was one Cliff Eisen, with whom she was assigned a series of one-on-one tutorial sessions. Plaintiff claims that in February, 1993, Professor Eisen began making wholly unwelcome sexual advances during these sessions. The advances included the fondling of breasts, buttocks, and crotch, forcible attempts to kiss, and repeated propositioning for a sexual relationship. In March, 1993 plaintiff lodged a written complaint against Professor Eisen with NYU's Sexual Harassment Committee. In response to this complaint served a written reprimand upon Professor Eisen, though he was permitted to continue teaching at the graduate and undergraduate levels. The university later assured Eisen that the written reprimand would have no effect on a decision to award him tenure. This assurance is particularly bizarre in light of the existence of additional complaints that had been filed prior to plaintiff's complaint by four other female students regarding inappropriate sexual advances by Professor Eisen. After reviewing these four prior complaints of improper conduct, NYU's Sexual Harassment Advisory Committee had requested that certain deans investigate a possible pattern of harassment in the music department. In response to this request, the deans took no action to effectuate an inquiry and did not even approach Professor Eisen to discuss the allegations. It is further claimed that after plaintiff filed formal grievances with the harassment committee, plaintiff was treated in a hostile fashion by professors and administrators at NYU. As a result of this harsh treatment, plaintiff prematurely left the doctoral program. [2] [3] 2/17/25, 12:05 Miles v. New York University, 979 F. Supp. 248 (S.D.N.Y. 1997) :: Justia 2/4 Plaintiff continues to suffer from mental distress, anguish, and pain due to defendant's alleged misfeasance A. Defendant's claim that it is not responsible for Professor Eisen's Conduct As we observed at oral argument, any jury that accepted as true all facts claimed by plaintiff would surely find in her favor on this issue. B. Cause of Action Under Title Title provides in relevant part that \"No person in the United States shall, on the basis of sex ... be subjected to discrimination under any education program or activity receiving Federal financial assistance ...\" 20 U.S.C. \u00a7 1681(a). The issue before us is whether Title protects a biological male who has been subjected to discriminatory conduct while perceived as female. The simple facts are, as the university was forced to admit, that Professor Eisen was engaged in indefensible sexual conduct directed at plaintiff which caused her to suffer distress and ultimately forced her out of the doctoral program in her chosen field. There is no conceivable reason why such conduct should be rewarded with legal pardon just because, unbeknownst to Professor Eisen and everyone else at the university, plaintiff was not a biological female. So far as we can determine, no other defendant has ever sought to justify such conduct by this type of defense. None of the cases cited by defendant even suggests that a Title defense of this nature can be sustained. Indeed all of them stand for the entirely different proposition that Title VII, and hence Title IX, does not prohibit expressing disapproval of conduct involved in the transformation from one gender to another. See Holloway v. Arthur Andersen, Inc. (9th Cir. 1977) 566 F.2d 659; Sommers v. Budget Marketing, Inc. (8th Cir. 1982) 667 F.2d 748; Ulane v. Eastern Airlines, Inc. (7th Cir.1984) 742 F.2d 1081; Dobre v. National Railroad Passenger Corporation *250 (E.D.Pa.1993) 850 F. Supp. 284. One of these opinions, Holloway v. Arthur Andersen, Inc., went out of its way to ensure that its opinion would not be construed so as to support the position taken by defendants here. See 566 F.2d at 644 [4] 2/17/25, 12:05 Miles v. New York University, 979 F. Supp. 248 (S.D.N.Y. 1997) :: Justia 3/4 (\"transsexuals claiming discrimination because of their sex, male or female, would clearly state a cause of action under Title VII\"). There can be no doubt that Professor Eisen's conduct with respect to Jennifer Miles, assuming it can be proven, related to sex and sex alone. Title was enacted precisely to deter that type of behavior, even though the legislators may not have had in mind the specific fact pattern here involved For the foregoing reasons, defendant's motion for summary judgment is denied [1] The complaint also alleges various violations of New York State law. Those allegations are not relevant to the present motion. [2] Plaintiff had undergone hormone treatments for breast augmentation but had not yet had sex-reassignment surgery at the time of the events alleged in the complaint. [3] For purposes of simplicity we shall refer to plaintiff as a female. [4] The parties agree that it is now established that the Title term \"on the basis of sex\" is interpreted in the same manner as similar language in Title VII. See, e.g., Murray v. New York University College of Dentistry (2d Cir.1995) 57 F.3d 243, 249 (\"in a Title suit for gender discrimination based on sexual harassment of a student, an educational institution may be held liable under standards similar to those applied in cases under Title VII\"). 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. 2/17/25, 12:05 Miles v. New York University, 979 F. Supp. 248 (S.D.N.Y. 1997) :: Justia 4/4", "7455_102.pdf": "Cliff Eisen Cliff Eisen (born 21 January 1952 in Toronto)[1] is a Canadian musicologist and Mozart expert.[2] He was based in the Department of Music at King's College London.[3] He studied at the University of Toronto and at Cornell University,[3] and has taught at the University of Western Ontario and New York University.[2] His research focuses on the Classical period, particularly Mozart and performance practice. He has written extensively on the issues of authenticity surrounding the works of Leopold Mozart and his son, Wolfgang. Other publications of his deal with Mozart's chamber music, life in Salzburg,[4] biography and his life in contemporary documentation,[5] as well as Cole Porter.[6] In 1997, Eisen was terminated by New York University after a student filed a lawsuit against the university alleging sexual harassment. The university had previously reprimanded him after complaints from four other students.[7][8][9] 1. \"Cliff Eisen\" ( cles/emc/cliff-eisen). The Historica-Dominion Institute. Archived from the original ( nadianencyclopedia.com/articles/emc/cliff-eisen) on February 3, 2013. Retrieved September 8, 2012. 2. Gladwell, Malcolm (February 4, 1991). \"Mozart's Fine Feathered Inspiration\". The Washington Post. p. a.03. 3. \"Cliff Eisen\" ( King's College London. Retrieved September 16, 2011. 4. Eisen, Cliff (2003), Keefe, Simon P. (ed.), \"Mozart and Salzburg\" ( books/cambridge-companion-to-mozart/mozart-and-salzburg/D1B33398746F87CE51C35EA2DC 6E8015), The Cambridge Companion to Mozart, Cambridge Companions to Music, Cambridge: Cambridge University Press, pp. 5\u201321 978-0-521-00192-2, retrieved 2024-06-16 5 Four - The Joy of Mozart, Contributors - Prof. Cliff Eisen\" ( s/p02glzgl/p02gly4t). BBC. Retrieved 2024-06-16. 6. \"The Letters of Cole Porter\" ( Yale University Press London. Retrieved 2024-06-16. 7 Hit Over Transsexual's Harass Suit\" ( transsexuals-harass-suit/). New York Daily News. 10 October 1997. Retrieved 6 November 2023. 8. Kraschel, Katherine. \"Trans-cending Space in Women's Only Spaces: Title Cannot Be the Basis for Exclusion\" ( chel.pdf) (PDF). Harvard Journal of Law & Gender. 35: 468-469. 9. \"Transsexual Wins Sex-Harassment Suit\" ( assment-suit/article_8f289206-0269-5d4b-91fa-d1f2d16f01aa.html). Buffalo News. 2 April 1998. Retrieved 6 November 2023. References 2/17/25, 12:05 Cliff Eisen - Wikipedia 1/2 Retrieved from \" 2/17/25, 12:05 Cliff Eisen - Wikipedia 2/2", "7455_103.pdf": "Case Law ( Miles v. New York University Decision Date 07 October 1997 Docket Number No. 94 Civ. 8685 (WK).,94 Civ. 8685 (WK). Citation 979 F.Supp. 248 Parties Jennifer MILES, Plaintiff, v UNIVERSITY, Defendant. Court U.S. District Court \u2014 Southern District of New York Your World of Legal Intelligence (/) United States | 1-800-335-6202 Document Cited authorities 6 Cited in 9 Precedent Map Related 979 F.Supp. 248 Jennifer MILES, Plaintiff, v UNIVERSITY, Defendant. No. 94 Civ. 8685 (WK). United States District Court, S.D. New York. October 7, 1997. Daniel J. Kaiser, Kaiser, Saurborn & Mair, P.C., New York City, for Plaintiff. Ada Meloy, S. Andrew Schaffer, New York City, for Defendant KNAPP, Senior District Judge. This is an action brought under Title of the Education Amendments of 1972, as amended, 20 U.S.C. \u00a7 1681, et seq. ( (\"Title IX\") against defendant New York University for sexual harassment alleged to have been suffered from a professor.1 The university moves for summary judgment on two grounds: (1) The facts are such that the university can't be held liable for the conduct of its professor; and (2) plaintiff Jennifer Miles is not protected under Title because, although admitted to the school as a female and at all relevant times treated as such, plaintiff is in fact a male-to-female transsexual who, at the time of the professor's alleged conduct, was in the process of becoming a female.2 For reasons which follow, we reject both of defendant's positions 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 For the purposes of this motion we accept as true all facts alleged in the complaint and asserted by plaintiff in affidavits opposing the motion. Plaintiff began a program of graduate studies in musicology at defendant New York University (\"NYU\") in September, 1990. Among the professors under whom plaintiff studied was one Cliff Eisen, with whom she was assigned a series of one-on-one tutorial sessions.3 Plaintiff claims that in February, 1993, Professor Eisen began making wholly unwelcome sexual advances during these sessions. The advances included the fondling of breasts, buttocks, and crotch, forcible attempts to kiss, and repeated propositioning for a sexual relationship. In March, 1993 plaintiff lodged a written complaint against Professor Eisen with NYU's Sexual Harassment Committee. In response to this complaint served a written reprimand upon Professor Eisen, though he was permitted to continue teaching at the graduate and undergraduate levels. The university later assured Eisen that the written reprimand would have no effect on a decision to award him tenure. This assurance is particularly bizarre in light of the existence of additional complaints that had been filed prior to plaintiff's complaint by four other female students regarding inappropriate sexual advances by Professor Eisen. After reviewing these four prior complaints of improper conduct, NYU's Sexual Harassment Advisory Committee had requested that certain deans investigate a possible pattern of harassment in the music department. In response to this request, the deans took no action to effectuate an inquiry and did not even approach Professor Eisen to discuss the allegations. It is further claimed that after plaintiff filed formal grievances with the harassment committee, plaintiff was treated in a hostile fashion by professors and administrators at NYU. As a result of this harsh treatment, plaintiff prematurely left the doctoral program. Plaintiff continues to suffer from mental distress, anguish, and pain due to defendant's alleged misfeasance A. Defendant's claim that it is not responsible for Professor Eisen's Conduct As we observed at oral argument, any jury that accepted as true all facts claimed by plaintiff would surely find in her favor on this issue. B. Cause of Action Under Title Title provides in relevant part that \"No person in the United States shall, on the basis of sex ... be subjected to discrimination under any education program or activity receiving Federal financial assistance ...\" 20 U.S.C. \u00a7 1681(a) ( The issue before us is whether Title protects a biological male who has been subjected to discriminatory conduct while perceived as female. The simple facts are, as the university was forced to admit, that Professor Eisen was engaged in indefensible sexual conduct directed at plaintiff which caused her to suffer distress and ultimately forced her out of the doctoral program in her chosen field. There is no conceivable reason why such conduct should be rewarded with legal pardon just because, unbeknownst to Professor Eisen and everyone else at the university, plaintiff was not a biological female. So far as we can determine, no other defendant has ever sought to justify such conduct by this type of defense. None of the cases cited by defendant even suggests that a Title defense of this nature can be sustained. Indeed all of them stand for the entirely different proposition that Title VII, and hence Title IX, does not prohibit expressing disapproval of conduct involved in the transformation from one gender to another. See Holloway v. Arthur Andersen, Inc. (9th Cir.1977) 566 F.2d 659 ( law.vlex.com/vid/holloway-v-arthur-andersen-893264876); Sommers v. Budget Marketing, Inc. (8th Cir. 1982) 667 F.2d 748 ( Ulane v. ( 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 Request your trial 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 4 cases Search in 4 citing cases \uf014 Doe v. Amherst Coll. ( United States U.S. District Court \u2014 District of Massachusetts February 28, 2017 ...228, 239, 109 S.Ct. 1775, 104 L.Ed.2d 268 (1989) (using gender and sex interchangeably in the context of Title VII); Miles v. New York Univ., 979 F.Supp. 248 (S.D.N.Y. 1997) (ruling Title prohibition on discrimination on the basis of sex applied in case where plaintiff's biological sex a...... Rumble v. Fairview Health Servs. ( United States U.S. District Court \u2014 District of Minnesota March 16, 2015 ...encompasses discrimination against an individual for failure to conform to sex stereotypes.\"), and Miles v. New York University, 979 F. Supp. 248, 250 n.4 (S.D.N.Y. 1997) (explaining that \"the Title term 'on the basis of sex' is interpreted in the same manner as similar language in Title...... And v. Essentia Health ( United States U.S. District Court \u2014 District of Minnesota September 20, 2018 ...Title for discrimination against individuals who are perceived as not conforming to gender stereotypes. See Miles v. New York Univ. , 979 F.Supp. 248, 250 n.4 (S.D.N.Y. 1997) ; Kastl v. Maricopa Cty. Cmty. Coll. Dist. , Civ. No. 02-1531, 2004 2008954, at *2 (D. Ariz. June 3, 2004). Fi...... John Doe v. Univ. of Mass. Amherst ( United States U.S. District Court \u2014 District of Massachusetts July 14, 2015 ...Waterhouse v. Hopkins, 490 U.S. 228, 239 (1989) (using gender and sex interchangeably in the context of Title VII); Miller v. New York Univ., 979 F. Supp. 248 (S.D.N.Y. 1997) (ruling Title prohibition on discrimination on the basis of sex applied in case where plaintiff's biological sex ...... 2 books & journal articles Search in 2 citing books & journal articles 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 Transgender Identities and Public Policy in the United States ( books.vlex.com/vid/transgender-identities-and-public-874306425) United States Sage Administration & Society No. 39-7, November 2007 November 1, 2007 ...Administration & Society Meriwether v. Faulkner,821 F.2d 408 (7th Cir. 1987).Miles v. New York University, 979 F. Supp. 248 (S.D.N.Y. 1997).Minter, S. (2003). Representing transsexual clients: An overview of selected legal issues.Retrieved August 8, 2004, from Chapter 7: Education and Students ( 972664492) United States General Library Transgender Persons and the Law January 1, 2013 ...any information from a student\u2019s education record. However allows schools to disclose those 3. Miles v. New York University, 979 F.Supp. 248, 122 Ed. Law Rep. 452 (S.D. N.Y. 1997). 4. 20 U.S.C. \u00a7 1232g. Implementing regulations are at 34 C.F.R. Part 99. ABAPub Howell Transgender Fina...... 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", "7455_104.pdf": "Seton Hall University eRepository @ Seton Hall Law School Student Scholarship Seton Hall Law 5-1-2014 Sexual Minorities And The Physical Construction Of Sex Under Title Briehan Ashley Moran Follow this and additional works at: Recommended Citation Moran, Briehan Ashley, \"Sexual Minorities And The Physical Construction Of Sex Under Title VII\" (2014). Law School Student Scholarship. 537. Briehan Moran Law and Sexuality April 30, 2013 2 A. Argument B. Background Historical Precedent of Disparate Treatment A. Title and Construing the Meaning of \u201cSex\u201d 1. Adherence to the Majority Approach 2 Glimmer of Hope: Protection for Gender Non-Conformity B. Deficiencies of Title Protection 1. Rigorous Standard of Exclusion of Transsexual and Transgender Plaintiffs from Protection 2. What About Gender Conforming Plaintiffs 3 This Article examines the scope of protection Title confers upon transsexual, transgender, and homosexual (hereinafter \u201cTTH\u201d) plaintiffs seeking relief from sexual harassment occurring in the workplace. Individuals belonging to these minority groups face a number of substantial hurdles when attempting to pursue a Title claim. Obstacles largely stem from the majority approach to interpreting the statutory meaning of the word \u201csex.\u201d Most jurisdictions prefer a narrow construction of the term, which looks to anatomical reproductive organs to indicate which of the two legal categories an individual belongs - male or female. Owing to Title VII\u2019s prohibition of an employer\u2019s refusal to \u201chire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's\u2026 sex,\u201d1 assigning a narrow definition to sex has the affect of precluding victims from using the statute as an effective means of protection. The majority approach interpreting the extent and meaning of \u201csex\u201d generally prevents transsexual and transgender plaintiffs from receiving relief under Title by limiting its conferral of protection to those who fall squarely into the categories of male and female. The absence of legal recognition of the trans community perpetuates its existence as undefined and disadvantaged minority class. Similarly, Title does not generally encompass harassing behavior that targets homosexuals because the majority approach excludes sexual preference from the statutory meaning of sex. Courts adopting an understanding of sex that depends entirely upon the existence of physical sex organs fail to protect a historically afflicted and 1 42 U.S.C. \u00a7 2000e-2 (2000). 4 underrepresented community. The following example is illustrative.2 The year is 1992. Bill Clinton is in the midst of a presidential election campaign and the civil rights of gays and lesbians\u2014particularly in respect to their open service in the military\u2014is attracting attention from the press. Under pressure from the bulk of the Democratic Party, Clinton adopts a liberal stance on the issue; however, opponents of Clinton\u2019s stance suggest that such open expressions of homosexual identity could, in turn, threaten the lives and psychological well-being of others. Clinton introduces \u201cDon\u2019t Ask Don\u2019t Tell\u201d as a compromise measure in 1993, living up to his promise to allow all citizens to serve in the military\u2014albeit in a roundabout and less than ideal manner. The controversial act ruffles feathers in Washington3 while the media frenzy over the Rodney King trial is peaking in Los Angeles.4 Over on the east coast, a bull market forges ahead on Wall Street. Suit-clad twenty-somethings climb the rungs of the corporate ladder to salaries that have long since become extinct. Jennifer Miles is among those New Yorkers beginning to navigate their professional careers.5 Enrolling in graduate classes at New York University, Jennifer commences the process of obtaining a doctoral degree in musicology.6 Per the university\u2019s curriculum, Jennifer is required to complete a series of one-on-one instrument tutorials with a professor from the music 2 Miles v. N.Y. Univ., 979 F. Supp. 248 (S.D.N.Y. 1997); see also Julie A. Baird, Playing It Straight: An Analysis of Current Legal Protections to Combat Homophobia and Sexual Orientation Discrimination in Intercollegiate Athletics, 17 L.J. 31 (2002) (explaining \u201cthe similarity between the \u2018on the basis of sex\u2019 language in Title IX, and the \u2018because . . . of sex\u2019 language in Title VII, Title can also be used as a vehicle to address discrimination and harassment in educational institutions that receive federal funding\u201d). 3 Adam Clymer, Lawmakers Revolt on Lifting Gay Ban on Military Service, N.Y. TIMES, Jan. 27, 1993, at A13. 4 King Verdict's Message: Time for Change, L.A. TIMES, Apr. 30, 1993, 30/local/me-29533_1_police-department. 5 Miles, 979 F. Supp. at 248. 6 Id. at 249. 5 department.7 NYU\u2019s reputation as one of the most friendly campuses in the country,8 coupled with its location in the heart of New York\u2019s most notoriously queer neighborhood - the West Village - makes it an unlikely stage for the events that are about to unravel. Jennifer began her individual training sessions with Professor Cliff Eisen beginning in 1993.9 Just about halfway through the spring semester, Jennifer was forced to file a grievance with NYU\u2019s Sexual Harassment Committee. Her complaint contained a detailed account of the lessons with Eisen, during which he subjected Jennifer to repeated sexual advances. The grievance recited numerous occasions of Eisen propositioning Jennifer to engage in sexual intercourse and his forcible attempts to kiss her and fondle her breasts, buttocks, and crotch.10 New York University failed to reprimand Eisen via an internal mechanism11 and Jennifer responded by filing a claim for relief from disparate treatment based on sex occurring under any \u201ceducation program or activity receiving federal financial assistance\u2026\u201d12 asserts the affirmative defense that liability is improper because Eisen\u2019s advances were not based on Jennifer\u2019s sex.13 The university instead claims that the harassment was precipitated by one very unusual fact, which distinguishes the behavior of Professor Eisen from similar behavior typically rendering an education institution liable: Jennifer Miles was a male-to- female transsexual.14 7 Id. 8 Princeton Review Releases List of Friendly Colleges, and Not, BILERICO, Aug. 4, 2011, (New York University tops the list of most friendly colleges). 9 Miles, 979 F. Supp. at 249. 10 Id. 11 Id. 12 20 U.S.C. \u00a7 1681(a) (2006). 13 Miles, 979 F. Supp. at 250. 14 Id. 6 New York University\u2019s affirmative defense creates a sizable hurdle to the success of Jennifer\u2019s claim. Courts generally construe the word \u201csex\u201d narrowly, limiting its meaning to include only biological sex.15 While gender includes the social categorizations and behavioral qualities typically characterizing members of a particular sex, \u201csex\u201d is legally defined by the anatomical and biological factors designating an individual as a female or male.16 However, a dichotomous construction of sex encompassing only males and females excludes the community from statutory protection majority of jurisdictions adhere to this approach in determining the meaning and extent of \u201csex.\u201d In fact, only two courts have endorsed the minority position of extending relief from disparate treatment based on sex to transsexuals.17 therefore urged the court to adopt the narrow and generally accepted interpretation of \u201csex\u201d.18 The university argued meaning of sex is not so expansive so as to include a biological male experiencing discrimination originating from the mistaken perception that he is actually a she!19 The Miles court ultimately rejects the defense offered by NYU, reasoning that Eisen\u2019s sexual advances took place while perceiving Jennifer as a female. Despite the fact that the professor\u2019s perception of Jennifer\u2019s sex was incorrect, the harassing behavior originating from his false perception nevertheless results because of sex.20 Ironically, Professor Eisen\u2019s failure to correctly assess Jennifer\u2019s transsexuality, fortuitously enables her claim to prevail. In the 15 Holloway v. Arthur Andersen & Co., 566 F.2d 659, 663 (9th Cir. 1977). 16 7-11 (2009). 17 Smith v. City of Salem, 378 F.3d 566 (6th Cir. 2004) (6th Circuit extends Title protection to a transgender individual who fails to conform with sex stereotypes); Schroer v. Billington, 577 F.Supp. 2d 293 (D.D.C. 2008). 18 Miles, 979 F. Supp. at 250. 19 Id. 20 Id. 7 alternative, facts tending to evidence disparate treatment based on the fact that Jennifer was a transsexual would yield a contrary result. The Miles court adheres to the majority approach and interprets sex narrowly to encompass only the physical attributes designating an individual as male or female. Though Jennifer prevails, the opinion notes that Professor Eisen would not be liable for his egregious behavior if he possessed knowledge of Jennifer\u2019s transsexuality. In other words, Professor Eisen and similarly situated defendants may be able to escape liability with evidence tending to show they were aware of the physical nature and dimensions of a transsexual victim\u2019s body. The presumptive likelihood of this outcome is directly proportionate to the degree of pervasiveness of the defendant\u2019s criminal conduct. The more frequent Professor Eisen\u2019s sexual advances become, the more likely he is to discover Jennifer\u2019s sexual identity and unwittingly provide himself with a viable defense. The potential for this seemingly arbitrary outcome begs the question: \u201cWhy construe the meaning of sex to have this result?\u201d Endorsing the majority\u2019s approach to Title interpretation essentially provides a \u201cget-out-of-jail-free\u201d card to anyone targeting sexual minorities as the subjects of harassment. Perhaps Congress did not contemplate the broad construction of sex to explicitly include gender identity and sexual orientation. Even so, adopting an interpretation with the effect of excluding minority groups from protection runs contrary to the fundamental purpose of the Civil Rights Act to protect individuals and promote equality. Should a professor who betrays his position of confidence to prey upon the misplaced trust of a student receive a carte blanche for his repeated sexual transgressions? 8 The outcome of Miles demonstrates an exception to the rule. The success of Jennifer\u2019s claim depends entirely upon the existence of a peculiar factual circumstance: the erroneous perception of the victim\u2019s sex. Absent a false presumption however, the sexual harassment claims asserted by members of the community are typically met with reluctance and dismissal in most jurisdictions. Employing a naturalistic construction of sex permits discriminatory conduct to go unchecked. This analytical paradigm places a disproportionate degree of emphasis on the physical definition of sex and marginalizes the complexity of identity construction. In so doing, courts fail to safeguard a handful of sexual minority groups who require a heightened degree of protection to end a historical pattern of disparate treatment.21 A. Argument naturalistic interpretation of \u201csex\u201d errs by reducing the complexity of the identity construction process. The majority interpretation ignores the reflexivity inherent in the development of sexual identity. Identity emerges from a web of intersecting variables. All of these variables combine to create the individual and ultimately influence one\u2019s personal experience of sex and gender. This conception of sexual identity development distinguishes gender as a socio-cultural, historical, and geographical construct, as well as a product of social location. Such a comprehensive understanding of identity formation is fundamentally at odds 21 See, e.g., Nancy E. Dowd, Masculinities and Feminist Legal Theory, 23 201(2008); Ann C. McGinley, Erasing Boundaries: Masculinities, Sexual Minorities, and Employment Discrimination, 43 713 (2010). 9 with the legislative and judicial definition of sex, which turns on the concrete existence of bodily sex organs. The structure of classification systems - particularly gender and sexuality classification systems - are often misconstrued to consist of binary oppositions and dualisms. One can either be male or female; heterosexual or homosexual; this or that; here or there. All that falls between these dichotomous categories - all that is \u201cbetwixt and between\u201d22 - remains in a perpetual state of liminality, devoid of identity within the constructs of normative society. An interpretation centered on the physical embodiment of sex characteristics fails to adequate protect the community from workplace harassment. The traditional naturalistic construction also ignores the most salient attribute of sexual identity; namely, an emergent system produces it. Sexual identity results from the mutually reciprocal effects of an individual\u2019s ability to visibly express his or her sexual identity and the extent to which the individual\u2019s surroundings permit recognition of that identity. Reflexivity characterizes the construction of sexual identity. One\u2019s ability to negotiate the extent to which his or her sexuality identity is visible within a given space in turn defines and largely shapes that identity. Failure to adopt a holistic conception of sexual identity reveals a staggering deficiency in the protection of the performative aspect of identity. Performativity and physical expression of sexual identity, rather than the possession of sex organs, are the bedrock of minority communities and the primary vehicle by which they organize, express, and define themselves. Application of Title to prevent employees from falling subject to sexual harassment reveals three formidable deficiencies in the ability of the statute to effectively shield 22 (2008). 10 the community from disparate treatment. First, the majority\u2019s adoption of a naturalistic interpretation of sex all but eliminates the potential of plaintiffs to successfully litigate a Title claim. Second, the majority approach\u2019s dichotomous definition of sex erroneously reduces the complexity of identity construction and in so doing, fails to acknowledge that sexual identity is an emergent system dependent upon the aggregate effort of its component surroundings to define its existence. Third, the momentous of Title is its inability to safeguard the indispensible element of performativity, which is essential to the construction of sexual identity. In short, reliance upon the physical attributes of one\u2019s body to define sex fails to safeguard the physical expression of sexual identity. Rather, the visibility of sexual identity performance in discursive spaces is unarguably the most fundamental and effective mechanism by which the communities validate and define themselves. Failure to protect performativity exposes each community\u2019s emergent system to the potential for unhindered disparate treatment. B. Background Historical Precedent of Disparate Treatment Members of the communities have been subject to a historical pattern of inequality. Illustrative of the disparate treatment of homosexuals is a 1994 survey in which 191 employers were questioned about the employment of individuals.23 The survey reveals that of the 23 (1994) available at 11 employers surveyed, 18% would fire, 27% would refuse to hire, and 26% would refuse to promote a person perceived to be lesbian, gay or bisexual.24 Unlike homosexuality, transsexualism is a medically recognized condition where an otherwise physically normal person fails to identify with the gender characteristics of their biological sex. As a result, most transsexuals experience a profound desire to become a member of the opposite sex. In addition to grappling with a crippling social stigma, transsexuals must navigate legal marginalization, which includes the denial of employment and health care benefits as well as the refusal of certain educational and housing opportunities.25 The reported frequency with which transsexual and transgender individuals experience disparate treatment in the employment context far surpasses the prevalence of other forms of reported harassment shocking study conducted in 2009 disclosed that an overwhelming 97% of the transsexual and transgender individuals participating in the survey had experienced harassment or mistreatment in the workplace!26 Reflecting a similar conclusion, research conducted by the Transgender Law Center in San Francisco demonstrated that 60% of those surveyed earned less than $15,300 annually and only 8% earned more than $45,900 per year.27 Moreover, less than half of transgender individuals are employed full time,28 while the average 24 Id. 25 See Franklin H. Romeo, Beyond a Medical Model: Advocating for a New Conception of Gender Identity in the Law, 36 COLUM. HUM. RTS. L. REV. 713, 714 (2005). 26 (2009), available at 27 2008 SURVEY, at 7 (2009), available at 28 Id. 12 annual income of those with Bachelor\u2019s degrees is 40% lower than the overall average of college graduates.29 Disparate treatment of individuals becomes exponentially more abhorrent in environments characterized by structural hierarchies. Misogyny and homophobia establish and delineate roles of leadership and subordination within the employment context. The ubiquitous subjection of the communities to sexual harassment pervades the history, legal precedent, and normative societal standards of this country. These historically aggrieved, minority groups have attempted to vindicate their rights based on a handful of legal theories. Marked by considerable failure, the unsuccessful efforts of the community to protect itself from disparate treatment based on sex are due in large part, to the majority\u2019s narrow interpretation of sex under Title A. Title and Construing the Meaning of \u201cSex\u201d Title creates a federal cause of action for sexual harassment occurring in the workplace. Enacted as part of the 1964 Civil Rights Act, the statute makes it an unlawful business practice to discriminate against an individual on the basis of sex.30 Title seeks to 29 Id. at 8-12. 30 42 U.S.C. \u00a7 2000e-2 (2000). 13 \u201cdeter conduct which has been identified as contrary to public policy and harmful to society as a whole.\u201d31 It was the intent of the original legislators to eliminate the economic deprivation of any societal class of individuals resulting directly from employment discrimination. The majority approach enables the existence of the precise injustices that Congress set out to prevent. To effectively administer justice, the entirety of society must recognize and include those on its fringes and the laws in turn must aspire to protect them. Even if a class of individuals who are plagued by discrimination based on their gender non-conformity is not implicit in Title VII, there exists no support justifying their categorical exclusion. 1. Adherence to the Majority Approach The 9th Circuit in Holloway v. Arthur Andersen & Co.32 construes sex narrowly to exclude \u201ctranssexual discrimination.\u201d After being diagnosed with gender identity disorder (hereinafter \u201cGID\u201d), Holloway under went sex reassignment surgery and returned to work as a female.33 Upon discovering its employee\u2019s new affinity for women\u2019s clothes, jewelry, lipstick, and nail polish, Arthur Andersen promptly ended Holloway\u2019s employment.34 The court explains that an employer who refuses to hire or promote an employee simply because she is a woman violates Title VII.35 However, the refusal to hire or promote an employee based on her sexual orientation or gender identity does not violate Title VII. As such, the latter does not constitute 31 Price-Waterhouse v. Hopkins, 490 U.S. 228, 264 (1989) (O\u2019Connor, J., concurring). 32 Holloway, 566 F.2d at 661. 33 Id. at 62. 34 Id. 35 Id. 14 discrimination based on the employee\u2019s biological sex, but rather originates from a quality of that person relating to the person\u2019s sex. Holloway was followed by the 1982 decision of Sommers v. Budget Marketing, Inc.,36 which dealt an equally devastating blow to the communities. The Sommers court upheld the termination of a transsexual manager, when he began to appear at work as a female. Refusing to extend the definition of sex beyond its biological limits, the 8th Circuit supported its conclusion by citing the absence of subsequent legislation amending Title to include protection from discrimination based on \u201csexual preference.\u201d37 The Court reasoned that Congressional failure to clarify the statute\u2019s meaning in the two intervening decades following its enactment evidenced its original intent to limit sex to its anatomical meaning. Up next in the progeny of Holloway, is Ulane v. Eastern Airlines, in which the 7th Circuit Court of Appeals reversed the district court\u2019s grant of protection to a transsexual pilot who had sex re-assignment surgery.38 Upholding the pilot\u2019s termination, the Ulane court decided that sex could not be read to include psychological questions concerning the manner in which society perceives an individual\u2019s sexuality and expression of gender.39 Although they rely upon conflicting justifications, the decisions in Holloway, Ulane, and Sommers all adhere to the majority approach of narrowly construing \u201csex\u201d to exclude sexual orientation and gender identity. The trio of opinions all take painstaking efforts clearly delineate the subversive conduct that qualifies for Title protection, and the subversive conduct that does not. However the disparate results of this distinction on the ability of the 36 667 F.2d 748 (8th Cir. 1982). 37 Id. 38 Ulane, 742 F.2d at 1084. 39 Id. 15 community to defend itself against workplace discrimination appears to be squarely at odds with the initial intent of the Civil Rights Act. However, this distinction creates disparate outcomes for plaintiffs pursuing Title claims. Continued support of the majority approach ignores and circumvents Title VII\u2019s objective of eradicating the economic deprivation of a class of individuals resulting from workplace harassment. 2 Glimmer of Hope: Protection for Gender Non-Conformity plaintiff\u2019s Title claim prevails in few circumstances, most notably, sex- stereotyping. The Supreme Court decision of Price Waterhouse v. Hopkins extends Title protection to include disparate treatment based on the failure of an individual to conform to gender norms attributed to his or her biological sex.40 The facts of Price Waterhouse concern a female accountant who is denied a promotion based on her employer\u2019s belief that she is too \u201cmacho,\u201d and that women should refrain from displaying aggression in the workplace.41 The employee was told she had a better chance at attaining partnership within the firm if she took, \u201ca course at charm school\u2026 walked and talked more femininely,\u201d and decided to \u201cwear some make-up.\u201d42 The opinion explains that the employer engages in \u201csex-stereotyping,\u201d or harassment based on the accountant\u2019s failure to act as femininely as society\u2019s norms dictate.43 40 See generally, id. 41 Id. at 235. 42 Id. 43 Id. at 255-258. 16 Basing its decision on the plaintiff\u2019s failure to conform to gender stereotypes, the Court found actionable harassment under Title because it would not occur \u201cbut for\u201d the victim\u2019s sex.44 The 9th Circuit decision in Rene v Grand Hotel Inc.,45 adopts and reinforces the Supreme Court and Title VII\u2019s prohibition of gender stereotyping. The facts of Rene concern the all male butler staff at the Gran Hotel and Resort in Las Vegas.46 Similar to the accountant in Price Waterhouse, a member of the staff falls victim to repeated sexual harassment resulting from the his failure to embody the physical appearance and demeanor typified by males and the general expectations of society.47 Rather than dismissing the plaintiff\u2019s claim on the grounds that the harassing behavior derives from the employee\u2019s homosexuality, the 9th Circuit allows the claim to prevail.48 The court reasons the harassing behavior occurs because of an expectation that employees conform to the norms of their gender and is therefore prohibited sex- stereo-typing under Title VII.49 The 6th Circuit took the reasoning of Price Waterhouse a step further in 1994 when it became the one of two jurisdictions to afford protection from sex-discrimination to a transsexual.50 In Smith v. City of Salem,51 the court finds Title liability for the \u201csex- stereotyping\u201d of a transsexual fireman who begins to act and dress in a manner failing to conform with the perceived notions of his employer and co-workers of a how a man should act.52 44 Id. at 259. 45 305 F.3d 1061 (9th Cir. 1977). 46 Id. 47 Id. at 1063. 48 Id. 49 Id. at 1064. 50 Smith v. City of Salem, 378 F.3d 566 (6th Cir. 2004). 51 Id. 52 Id. at 573-75. 17 similar outcome results in Schroer v. Billington,53 in which an applicant for an analyst position at the Library of Congress reveals his transsexual status after receiving an employment offer from the government. Despite the plaintiff\u2019s numerous qualifications and his interview score topping the scores of other applicants, the offer was consequently revoked.54 The court held for the plaintiff because \u201cunlike most cases of disparate treatment, this case does not involve a generally applicable, gender-specific policy requiring proof that the policy itself imposed unequal burdens on men and women.\u201d55 This case illustrates the very narrow vacuum in which successful Title claims exist, prevailing only because the plaintiff possessed direct and compelling evidence of disparate treatment.56 Price Waterhouse represents a milestone in the ongoing campaign against the disparate treatment of sexual minorities. The decision made clear that harassment based on one\u2019s gender is forbidden under Title and that \u201cgender must be irrelevant to employment decisions.\u201d57 The Supreme Court famously declares, \u201cwe are beyond the day when an employer could evaluate employees by assuming or insisting that they matched the stereotype associated with their group.\u201d58 However, it may have spoke too soon for a series of decisions would follow with the effect of distinguishing instances of sex-stereotyping from actionable harassment. B. Deficiencies of Title Protection 53 577 F.Supp. 2d 293 (D.D.C. 2008). 54 Id. at 296. 55 Id. at 305. 56 Id. 57 Id. at 240. 58 Id. at 251. 18 Unfortunately for communities, the majority approach still to construes sex narrowly to prohibit recourse for workplace discrimination. As a preliminary matter, Title only applies to harassment, which occurs in the workplace. This precludes many instances of harassment in structural hierarchies where disparate treatment of individuals flourishes. Educational establishments and athletic entities are therefore able to evade liability for disparate treatment of student-athletes- including those receiving scholarships- because they are not within the definition of \u201cemployees.\u201d59 Several other shortcomings of Title in protecting the rights of employees are examined below. 1. Rigorous Standard of Exclusion of Transsexual and Transgender Plaintiffs from Protection body of legal precedent distinguishes sex-stereotyping from sexual harassment, the effect of which is to significantly reduce the scope the of the Price Waterhouse decision.60 Transsexual and transgender plaintiffs feel the brunt of this distinction and face a rigorous list of exceptions with the effect of extinguishing Title claims. In Etsitty v. Utah Transit Authority,61 the 10th Circuit upheld the termination of a transsexual bus driver diagnosed with after several occasions on which the employee originally known as Michael Etsitty, arrived at work dressed as a female by the name of Krystal. The opinion attempts to distance itself from the ruling in Ulane by taking the position that the nature and demeanor of a transsexual differs 59 Rensing v. Indiana State Univ., 444 N.E. 2d 1170 (Ind. 1983) (holding that a football player who was paralyzed during a sponsored university competition is ineligible to receive workman\u2019s compensation from the school because student-athletes are not considered employees of educational institutions). 60 See Hamm v. Weyauwega Milk Prods., Inc., 332 F.3d 1058, 1068, (7th Cir. 2003) (Posner, J., concurring); Spearman v. Ford Motor Co., 231 F.3d 1080, 1084 (7th Cir. 2000). 61 113 No. 2:04CV616 DS, 2005 1505610 (D. Utah June 24, 2005). . 19 from the failure of a woman to behave as femininely as her employer would like.62 The Etsitty decision cites as support, the potential disturbance to a public bathroom the presence of a transsexual creates as well as the diagnosis of as a \u201cprofound disturbance of the individual\u2019s sense of identity with regard to maleness and femaleness.\u201d63 Ultimately, the discretion of each jurisdiction to construe the meaning of sex significantly circumvents the effects of Price Waterhouse and Smith. The Etsitty decision not only negates the authority of Price Waterhouse by reverting to the traditional analysis of sex.64 Emphasizing the medical infirmity of one suffering from GID, the court uses the medical diagnosis of the bus driver to disqualify him from inclusion within either biological classification of sex.65 The 6th Circuit similarly relies upon physical location as mechanism to define sexual identity, when it points to the plaintiff\u2019s choice of restroom preference.66 Ettsity symbolizes the continuing disagreement among jurisdictions over the extent to which protection from sexual harassment should apply to members of the communities. 2. What About Gender Conforming Plaintiffs? Unfortunately, the distinction between sex-stereotyping and harassment based on gender considerably limits the ability of Price Waterhouse to defend the communities as well. Noticeably excluded from protection are individuals who conform to gender stereotypes, but are 62 See id. at *4-*5. 63 Id. (citing the DISORDERS, 564 (4th ed. 1994)). 64 Id. at *3. 65 Id. 66 Id. 20 nonetheless subject to disparate treatment based on sex. The extension of Price Waterhouse to gender non-conformity only, severely limits the scope of its protection. Consider the following hypothetical scenario: a stereotypically \u201cbutch\u201d lesbian, whose appearance embodies traditional notions of masculinity, files an action seeking Title relief based on circumstances identical to those faced by a \u201clipstick lesbian\u201d pursuing the same claim. Under Price Hopkins, the adherence of the appearance of the lipstick lesbian to the typical characteristics of the female sex, will ultimately result in her preclusion from relief. Thus, even in jurisdictions where protection extends to gender non-conformity, sexual minorities are able to defend themselves only in so far as their appearances and demeanor fail to comport with the characteristics society perceives as typical of their biological sex The brain is not separate from the body \u2013 that was Descartes error. Interpretation of \u201csex\u201d to depend on the physical errs by ignoring the complexity of an individual\u2019s sexual identity. The construction of one\u2019s sexual identity depends upon the recognition of external mechanisms to define that identity. Sex is the result of an incredibly complex emergent system in which an unimaginable number of factors contribute to the production of something far greater than its individual parts. Cultures, societies, customs, and religions are all emergent systems. Humans historically tend to regard themselves as rational scientists. If the prototype of humankind managed to settle Rome, erect some pyramids in Egypt, and casually develop the 21 contours of Greek philosophy all in a days work, surely the new and improved model of modern man would not need a \u201cHOT!\u201d warning on the coffee cup he buys everyday\u2026 The traditional theory concerning the ways in which humans understand one another, generously posits man as a clever theorizer. In this model, humans are constantly conjuring up new hypothesis as to how another will act and then testing those hypotheses against the evidence we observe. However, contemporary research supports at least a partial divergence from the orthodox presumption of humans as cold, rationale decision-makers 1992 study at the University of Parma in Italy is responsible for developing the theory surrounding mirror neurons.67 The original purpose of the experiment was to study how the brains of macaque monkeys function when the monkeys first recognize the occurrence of strange phenomenon. Eventually the researchers began to notice unusual activity in the brains of the monkeys whenever the human researchers would eat a peanut within the eyesight of the monkeys. Over time, the brain of the monkey starts to fire neurons in a manner identical to how the neurons would fire if the monkey were raising the peanut to its own lips. Hence the theory of mirror neurons supports the contention that humans relate to and understand one another by mentally simulating the processes we observe in others. When an individual synthesizes a version of what others are feeling around him, it helps him to not only better understand the emotions and thought processes of others, but also to develop himself in the recreation of internal processes just learned. In this way, humans rely on others to shape their own understandings and form identities in mutually reciprocal pattern of dependency on one another. The binary concept of male and female, masculine and feminine, 67 26 (2008). 22 gives rise to heteronormativity, the conclusion that heterosexual relations between women and men are natural and that homosexual behavior is unnatural. This conclusion often imposes an additional burden on plaintiffs pursuing Title claims to prove the heterosexuality of their assailants. The decision of Oncale v. Sundowner Offshore Services, Inc.,68 affirms the verdict of Price Waterhouse and resolves the over-arching question of whether a person can experience harassment because of sex by someone of the same-sex. Joseph Oncale was a roustabout on an offshore oil rig which housed eight crew members, all of which were males.69 During his employment, Oncale was repeatedly subject to physical and verbal assaults and threats of rape by the other crew members due to his homosexuality, which resulted in his decision to quit after his employer failed to take any remedial action.70 The court in Oncale prefaces its decision by clarifying that not all workplace sexual harassment is actionable, only harassment \u201cbecause of sex.\u201d71 The Supreme Court explains, it is \u201ceasy to draw\u201d and \u201creasonable to assume\u201d an inference of discrimination in when the parties involve concern a male and a female because sexual harassment consists typically of, \u201cexplicit or implicit proposals of sexual activity\u201d that would not be made to members of an individual\u2019s own sex.72 On the other hand, the Court refuses to extend a similar line of reasoning to harassment involving two individuals of the same sex instead concluding that a plaintiff must establish by \u201ccredible evidence that the harasser was 68 523 U.S. 75 (1998). 69 Id. at 77. 70 Id. 71 Id. at 78. 72 Id. at 80. 23 homosexual.\u201d73 Victims of male-female harassment in contrast, are not required to prove the heterosexuality of their assailants because heterosexual desire is presumed \"Sexuality must not be thought of as a kind of natural given which power tries to hold in check, or as an obscure domain which knowledge tries gradually to uncover. It is the name that can be given to a historical construct; not a furtive reality that is difficult to grasp, but a great surface network in which the stimulation of bodies, the intensification of pleasure, the incitement to discourse, the formation of special knowledges, the strengthening of controls and resistances, are linked to one another, in accordance with a few major strategies of knowledge and power.\"74 Perhaps the most significant failure of Title VII, is its inability to protect performance. Foucault and to an even greater extent, the contemporary political philosophy of Judith Butler suggest that performance of normative kinship serves as the foundation of communal identity.75 Butler criticizes the hypothesis that gender performance is the result of one\u2019s innate and natural affinity to gender or worse, that the body is a \u201cnatural species\u201d deriving its social existence from 73 Id. 74 105-06 (1979). 75 See generally (1979); Judith Butler, Performative Acts and Gender Constitution: An Essay in Phenomenology and Feminist Theory, 40 JOURNAL, 519, n.4 (1988). 24 the physiological traits of the body.76 Rather Butler invalidates naturalistic conceptions of identity by arguing that if gender attributes or acts are the ways by which the body shows cultural significance, than those acts must be performative.77 Yet, how can they be performative if they are not pre-existed by identities against which they can be measured? Butler makes her point: \u201cThat gender reality is created through sustained social performances means that the very notions of an essential sex, a true or abiding masculinity or femininity, are also constituted as part of the strategy by which the performative aspect of gender is concealed.\u201d78 Focusing on \u201csustained social performances\u201d and repeated \u201citerations,\u201d Butler suggests that when gender is performed, repeated, and reiterated by an individual, it communicates an identity to that individual\u2019s surroundings, which is then circulated.79 This is the basis of socio- political influence. It is the second half of the argument. Upon accepting the nature of identity construction as one that results from the interdependent factors of an emergent system, the next step is how to most effectively interact with that system. If the performance of small iterations of identity circulate within the emergent system, they stand a higher likelihood of being assumed, repeated, and performed by the component members of that system. This is the process by which an expression of individual identity is assumed by the aggregate - it is the way to enact change. The importance of dramaturgically existing in public spaces strikes at the heart of personal identities, which are continually being revised, reformulated, and redressed by hegemonic social conventions and ideologies. Human desire for recognition is the very foundation driving the interactions of mankind. Individuals are constantly negotiating their 76 BUTLER, supra note 77. 77 Id. at 526. 78 Id. at 527. 79 Id. 25 identities in discursive spaces where that identity stands to either be legitimized by recognition or marginalized through exclusive schemas. Whether performances occurs at a gay bar, on the a float at the pride parade, or on the stage of the Rocky Horror Picture show, visible performance is crucial to the definition of identities. As an examination of Title cases illustrate, the majority approach to interpreting \u201csex\u201d generally fails to protect the performative nature of sexual identity. By relying upon physical anatomical sex organs to afford protection under Title VII, courts threaten the meaning and scope of identities, which are defined by performance and recognition of that performance. The deficiencies of Title in providing communities with sexual harassment protection within the workplace are numerous, but it\u2019s failure to protect the ability of one to express sexual identity as seen Ettsity, Ulane, and Holloway is egregious because it affects the identity of a individual The naturalistic construction of \u201csex\u201d within Title VII\u2019s fails to offer protection to communities narrow understanding of the word, which depends on an individuals\u2019 body traits is at odds with the purpose of the Title and the over-arching objective of the Civil Rights Act. Even where claims asserted by plaintiffs prevail, they do so only on the narrowest of conditions or by unusual factual circumstances as evidenced by the Miles decision. Title does not confer protection upon individuals who do conform to gender roles, nor does it 26 even recognize the existence of transsexual and transgender employees thus precluding them from enjoying its protection. This approach must be discarded for a more expansive understanding of sex, which includes expressions of gender and sexual preference. There is no reason to support a naturalistic construction of the statute, which has the effect of precluding an aggrieved class of individuals. Not only does it reduce the complexity of identity construction and unjustly impose additional burdens on non-heterosexual plaintiffs, but it ignores the importance of performance in constructing that identity. Until courts recognize the definition \u201csex\u201d under Title to include more than one\u2019s physical organs, the communities will be precluded from enjoying protection from disparate treatment.", "7455_105.pdf": "By By | | NYDN@medianewsgroup.com NYDN@medianewsgroup.com UPDATED: UPDATED: January 12, 2019 at 10:04 January 12, 2019 at 10:04 2/17/25, 12:05 \u2013 New York Daily News 1/3 federal judge ripped New York University yesterday for trying to dodge a federal judge ripped New York University yesterday for trying to dodge a $28 million sexual harassment suit simply because the alleged female victim \u2013 $28 million sexual harassment suit simply because the alleged female victim \u2013 a transsexual grad student was still a man at the time. a transsexual grad student was still a man at the time. \u201cThere is no conceivable reason why such conduct should be rewarded with \u201cThere is no conceivable reason why such conduct should be rewarded with legal pardon just because, unbeknownst to . . . everyone at the university, legal pardon just because, unbeknownst to . . . everyone at the university, plaintiff was not a biological female,\u201d wrote Manhattan Federal Judge plaintiff was not a biological female,\u201d wrote Manhattan Federal Judge Whitman Knapp. Whitman Knapp. The ruling was made in a three-year-old lawsuit in which Jennifer Miles, now a The ruling was made in a three-year-old lawsuit in which Jennifer Miles, now a 31-year-old composer, says she was sexually assaulted three times by music 31-year-old composer, says she was sexually assaulted three times by music Prof. Cliff Eisen beginning in February 1993. Prof. Cliff Eisen beginning in February 1993 had said that it was not liable for Eisen\u2019s alleged conduct because Miles had said that it was not liable for Eisen\u2019s alleged conduct because Miles was only \u201cin the process of becoming a female\u201d when allegedly assaulted. was only \u201cin the process of becoming a female\u201d when allegedly assaulted. Through her attorney, Miles declined to discuss the case with the Daily News Through her attorney, Miles declined to discuss the case with the Daily News or make herself available for a photograph. or make herself available for a photograph. \u201cShe wants to maintain her anonymity as much as she can,\u201d said lawyer \u201cShe wants to maintain her anonymity as much as she can,\u201d said lawyer Daniel Kaiser, who said he only learned his client was not a biological female a Daniel Kaiser, who said he only learned his client was not a biological female a few months after the lawsuit was filed. few months after the lawsuit was filed. \u201cLike everyone else at saw her as an attractive female,\u201d said Kaiser. \u201cLike everyone else at saw her as an attractive female,\u201d said Kaiser didn\u2019t find out she was a transsexual until the discovery process began and didn\u2019t find out she was a transsexual until the discovery process began and she confided in me. she confided in me. 2/17/25, 12:05 \u2013 New York Daily News 2/3 1997 1997 \ue907 \ue907October October \ue907 \ue90710 10 Originally Published: Originally Published: October 10, 1997 at 12:00 October 10, 1997 at 12:00 school spokesman and lawyers for declined to comment about the school spokesman and lawyers for declined to comment about the case. case. According to court records, Eisen had been accused of sexual harassment by According to court records, Eisen had been accused of sexual harassment by four female students before Miles complained to NYU\u2019s Sexual Harassment four female students before Miles complained to NYU\u2019s Sexual Harassment Committee of \u201cunwanted sexual advances\u201d during one-on-one tutorial Committee of \u201cunwanted sexual advances\u201d during one-on-one tutorial sessions. sessions. \u201cThe advances included the fondling of breasts, buttocks and crotch, forcible \u201cThe advances included the fondling of breasts, buttocks and crotch, forcible attempts to kiss, and repeated propositioning for a sexual relationship,\u201d wrot attempts to kiss, and repeated propositioning for a sexual relationship,\u201d wrot e Knapp. e Knapp. Despite receiving a written reprimand, Eisen was assured it would not have a Despite receiving a written reprimand, Eisen was assured it would not have a negative effect on his tenure. negative effect on his tenure. In light of the prior complaints, \u201cthis assurance is particularly bizarre,\u201d Knapp In light of the prior complaints, \u201cthis assurance is particularly bizarre,\u201d Knapp wrote in his five-page opinion. wrote in his five-page opinion. After filing complaints against Eisen, Miles \u201cwas treated in a hostile fashion by After filing complaints against Eisen, Miles \u201cwas treated in a hostile fashion by professors and administrators at NYU\u201d and finally left the school as a result. professors and administrators at NYU\u201d and finally left the school as a result. Miles began attending in 1990 and left in 1994. Her suit seeks $28 Miles began attending in 1990 and left in 1994. Her suit seeks $28 million in damages for depriving her of an education at and for loss of million in damages for depriving her of an education at and for loss of earnings that have and will result. earnings that have and will result. Eisen was terminated by the university after Miles filed suit, court records Eisen was terminated by the university after Miles filed suit, court records show. show. 2/17/25, 12:05 \u2013 New York Daily News 3/3"} |
7,742 | Jay Kesan | University of Illinois – Urbana-Champaign | [
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] | {"7742_101.pdf": "New Reports Find Of Law Professor Violated Sexual Harassment Policy Illinois | 91.9 | By Rachel Otwell (Illinois Times) Published February 18, 2020 at 6:51 Travis Stansel / Illinois Public Media Illini Union, University of Illinois at Urbana-Champaign Fifteen women claim Jay Kesan made unwanted sexual advances according to university investigations from last year University of Illinois at Urbana-Champaign law professor facing a new investigation into claims he sexually harassed students and fellow faculty has been found in violation of the university\u2019s sexual misconduct policy. That\u2019s according to internal investigative reports from late last year that Illinois Times obtained through a public records request. The law firm hired by the university to investigate new claims against Jay Kesan from 15 women suggests that \u201csignificant employment action be taken\u201d against the tenured professor former student lodged a complaint against Kesan with the university in November 2018, initiating the subsequent investigation a month after the first into sexual harassment allegations against him became public. After receiving new investigative findings from the Office for Access and Equity, the dean of the College of Law recommended in February that the university pursue \u201cserious sanctions, up to and including dismissal.\u201d Kesan wrote in a statement to the Illinois Times that the report \u201cmakes no attempt to be fair or neutral.\u201d He wrote, \u201cThere is no evidence that supports many of the findings.\u201d Kesan wrote that he had not been treated fairly by the university and that he is \u201cabout to be punished for the third time now for the same basic conduct.\u201d He noted he has undergone counseling \"in order to improve and to also show my commitment to the process.\" According to a university spokesperson, Kesan has not been allowed at the College of Law for over a year and is on paid administrative leave. His last reported salary is $238,183.21 according to a university database. Donate World Service 2/17/25, 12:05 New Reports Find Of Law Professor Violated Sexual Harassment Policy Peoria 1/5 The university said the matter is under review. \u201cWe care deeply about anyone who has been affected by inappropriate behavior, and we are vigilantly focused on maintaining a comfortable learning and working environment for all students, faculty and staff that is free of discrimination and harassment, and where intellectual exploration and academic integrity are unencumbered,\u201d wrote spokesperson Robin Kaler in an emailed statement. The initial investigation The university faced criticism over its handling of the initial complaints leading to an investigation. Widespread reform efforts followed, including a committee on faculty sexual misconduct that released a host of recommendations for change last year. At a #MeToo forum in October 2018 at the College of Law, Kathy Lee, an Urbana resident with friends in the law school, asked what was being done to protect students from Kesan\u2019s behavior. News media reported soon after that he had violated the university\u2019s code of conduct, but not the sexual misconduct policy, after an investigation into allegations from three women. The report included the testimonies of 38 witnesses. As a result of that investigation, taking place from 2015-2017, Kesan was told to undergo training and had to miss out on pay-bumps for a limited period of time, but remained on faculty university finding of sexual harassment likely would have come with more severe sanctions, but his behavior \u2014 including unwelcome touching, inappropriate sexualized comments and \u201cogling\u201d\u2014 was not deemed \u201csevere or pervasive\u201d enough to qualify as sexual misconduct. Lee said she has friends whose careers have been negatively impacted as a result of being harassed by Kesan. Lee felt obligated to speak at the forum in hopes of protecting others said think we need to shine a light on this. This can\u2019t go unspoken.\u201d After calls for his resignation, Kesan wrote a letter to the law school community admitting to and apologizing for the conduct described by victims. He stated he would take a voluntary unpaid leave for calendar year 2019. Kesan had been scheduled to teach in January 2020. However, weeks before, he was put on \u201cuniversity-sanctioned leave,\u201d according to an email sent to students and faculty from the College of Law dean university spokesperson would not comment at the time on why Kesan was placed on leave or any other details. New claims against Kesan The most recent investigations are broken into two reports, both dated November 2019. One has details from \u201cas many as 14 different people\u201d over a period \u201cas long as 15 years.\u201d The other includes claims from a former student detailing \u201ca series of actions in 2014 of a sexual or gender-based nature,\u201d including prying into her personal life, repeatedly urging her to meet with him privately, and running his fingers on her bare skin \u201cfrom about two inches above (her) knee, to very close to her hip\u201d while parked in a car. According to that report, Kesan did not deny the touching and said it would not surprise him if it happened, but that he didn\u2019t remember it. In the report, the investigator said the touching bordered on sexual assault. Kesan was found in violation of both the sexual misconduct policy and code of conduct as result of the woman\u2019s claims. The reports, authored by attorney Peter Land of law firm Husch Blackwell, state that while on leave in 2019, Kesan underwent counseling and learned that he \u201cneeds to be World Service 2/17/25, 12:05 New Reports Find Of Law Professor Violated Sexual Harassment Policy Peoria 2/5 more cognizant of how he is perceived\u201d \u2014 including respecting physical boundaries in the workplace. Kesan told investigators that having grown up in Mumbai, India, there were \u201ccultural differences\u201d to blame in part for his behavior, and counseling had helped him see that. He also claimed he often gets close to people when speaking as he is hard of hearing. When asked why complaints were coming from women as opposed to men, Kesan answered, \u201cIt could be that the problem is me.\u201d In the second report, Land investigated the allegations of \u201cas many as 14 different people.\u201d Claims include more unwelcome touching, flirting, \u201cogling\u201d and invitations to private meetings away from work. There\u2019s also one anonymous report of a sexual relationship with an international student, which Kesan denied. Kesan largely responded by saying he did not recall the alleged behavior. In the second report, Land found that Kesan\u2019s behavior violated the code of conduct, but was not \u201csevere or pervasive\u201d enough to violate the sexual misconduct policy in all but one of the cases investigated. He did however find that Kesan violated both policies in the case of allegations levied by Jessica Lanford, a former student whom Kesan invited to Tokyo for research. Once in Japan, he proceeded to touch her inappropriately and pursue a romantic relationship, she said. Lanford, who was also a witness in the initial investigation completed in 2017, said she was approached by the university\u2019s Title office in March of 2019 to give testimony, again. She felt wary of the issue once more coming into her orbit had the first time around really felt that was doing the right thing by sharing what had happened to me, that could trust the officials at the university to do the right thing with information that was sharing,\u201d she said. But she was ultimately disappointed with the original outcome. She said she asked the investigators to be informed of the status of the case, reaching out to Land and the Title office after she testified, but said she was kept in the dark of its progress. Throughout the past year, she remained hopeful that this time the university would \u201cget it right,\u201d that is, find Kesan in violation of policies and issue serious sanctions. In the written statement shared with Illinois Times, Kesan said Lanford\u2019s claims had already been part of the investigation in 2015-17 and questioned why a new decision was reached. The initial investigation into Kesan took more than two years to complete. The latest effort took more than six months. University policy says investigations should be completed within 60 days when possible. Reform efforts In the midst of the #MeToo movement, universities across the country have been grappling with how tenure protections and other factors unique to higher education \u2014 like heightened power differentials \u2014 can enable bad behavior. Kesan\u2019s situation has drawn national attention as some argue it exemplifies gaps in current policies. In Champaign law professor Robin Kar headed the committee tasked with researching best practices and suggesting ways to change the university\u2019s investigative World Service 2/17/25, 12:05 New Reports Find Of Law Professor Violated Sexual Harassment Policy Peoria 3/5 Kesan Investigative Materials contributed by Brian Mackey Illinois) p. 1 File Search Sections Fit width Page 1 of 40 and disciplinary processes. The committee released a report last fall with a host of suggestions, including considering a way to make the sexual harassment policy more broad in terms of what it considered qualifying behavior. It also suggested the university hire more confidential advisors to work directly with victims. And it found complaints about the amount of time investigations took were widespread. \u201cWe concluded that the expeditiousness of these processes was something we needed to improve,\u201d said Kar. Last year, an investigation by Illinois and ProPublica found that faculty who had violated university sexual harassment policy in recent years were put on paid leave for months. Some signed nondisclosure agreements with the university, where it promised to keep the details of their departures secret unless required by law. Some went on to new appointments, where their new employers were assumably not privy to their histories. Earlier this month, in a letter to UIUC\u2019s Office for Access and Equity, the College of Law dean agrees it would be appropriate to \u201clevy significant sanctions\u201d against Kesan as a result of the recent investigative findings. However, he wrote that those sanctions would be beyond the college\u2019s authority to impose. Meanwhile, it\u2019s not only victims who have a close eye on what broader policy changes the university might approve, and many hope the issue doesn\u2019t fade away. \u201cThe reason they came forward was because they want to see change for people in the future. And they did not feel that anything had changed for the future,\u201d said Lee of her friends who formalized complaints with the university years ago. Those friends include Lanford, one the targets of Kesan\u2019s harassment. Having reviewed the new investigative report provided to her by Illinois Times, she said absolutely agree with the findings, but I\u2019m concerned that procedurally there\u2019s continued confusion.\u201d Rachel Otwell is a reporter with Illinois Times. Mary Hansen of Illinois contributed to this report. If you have been a target of sexual harassment or assault, you can speak with someone who has been trained to help by calling the National Sexual Assault Hotline at 800-656 (4673) or chatting online at online.rainn.org . Copyright 2021 Illinois | 91.9 UIS. To see more, visit Illinois | 91.9 World Service 2/17/25, 12:05 New Reports Find Of Law Professor Violated Sexual Harassment Policy Peoria 4/5 Stay Connected \u00a9 2025 Peoria Public Radio Contact Us Donate Public File Privacy Statement State News Rachel Otwell (Illinois Times) Become a sponsor World Service 2/17/25, 12:05 New Reports Find Of Law Professor Violated Sexual Harassment Policy Peoria 5/5", "7742_102.pdf": "on on \u00bb Sponsorships With Guaranteed Law School Investigation Finds Professor Accused of Sexually Harassing Students And Faculty Violated University Policy The law school community does not seem satisfied with the results of the investigation. By Kathryn Rubino on October 18, 2018 Jay Kesan The University of Illinois began investigating law professor Jay Kesan in June 2015 after multiple complaints from students and faculty about his behavior. The investigation, which concluded in 2017 but only recently made public through a Freedom of Information Act request by Illinois Public Media, found Kesan\u2019s actions \u201ccertainly have made the working and teaching environment uncomfortable for a countless number of female colleagues and students,\u201d and while the university found he violated the code of conduct as well as the spirit of the university\u2019s policies prohibiting sexual harassment and sexual misconduct, it Subscribe Send Tips Share 2/17/25, 12:05 Law School Investigation Finds Professor Accused of Sexually Harassing Students And Faculty Violated University Policy - Above \u2026 1/9 stops short of finding the behavior constitutes sexual harassment or sexual misconduct as defined by University policy. According to reporting by Illinois Public Media, the allegations against Kesan describe a troubling pattern of interactions with women that are sexual in nature. But as the University\u2019s report notes he \u201ctests the boundaries of what is appropriate contact and communication, but makes it a point to never blatantly cross the line.\u201d Some of the allegations are described below former law student alleges Kesan made a reference to masturbation in a conversation with her and rubbed her thigh in a way that made her feel uncomfortable. Another student said Kesan hit on her, asked her repeatedly about her relationship status, hugged her and once touched her buttocks former faculty member alleges Kesan asked her inappropriate personal questions, such as her opinion on adultery, and routinely tried to hug her whenever she encountered him. She said Kesan repeatedly invited her to his apartment in Chicago and out for drinks \u201cdespite making it clear to him that she was not interested in either offer,\u201d according to the report. Another former faculty member alleges Kesan inquired about her relationship status and sexual practices, and made comments about his sex life and sexual fantasies. 5 Cost Control Strategies To Manage Law Firm Spend Effective cost control isn\u2019t just about saving money \u2014it\u2019s about creating a foundation for growth, efficiency, and exceptional client service. Read the blog now to power up your practice By Chris Krubeck, Content Writer - MyCase 2/17/25, 12:05 Law School Investigation Finds Professor Accused of Sexually Harassing Students And Faculty Violated University Policy - Above \u2026 2/9 Several portions of the report were redacted, including what appears to be a copy of an email exchange between people discussing Kesan portion of the email states: \u201cHe got way too inappropriately touchy, and very forward-ly hit on me. Gross. So I\u2019ve just been ignoring him completely, except for when it\u2019s absolutely necessary to email about research.\u201d Kaamilyah Abdullah-Span, senior associate director of the University\u2019s Office of Diversity, Equity, and Access, and the author of the report, wrote that Kesan should have been aware that his actions were inappropriate: \u201c[The] collective evidence gathered during the investigation revealed a pattern and practice by Professor Kesan of engaging female students and junior female colleagues in a manner that he knew or should have known would make them feel uncomfortable and was highly inappropriate for a workplace or academic setting.\u201d Kesan has released a statement offering an apology for behavior he insists was never intended to make women uncomfortable: \u201cIt was never my intent to offend anyone. But obviously did. For that am truly sorry apologize. Since this was brought to my attention have become very careful to make sure that my words and deeds don\u2019t offend or cause discomfort to anyone going forward.\u201d Lexis\u2019 CounselLink One-Stop Shop To Streamline Your Law Department Recent CounselLink upgrades integrate the full in- house workflow with the broader suite of LexisNexis products. By Above the Law 2/17/25, 12:05 Law School Investigation Finds Professor Accused of Sexually Harassing Students And Faculty Violated University Policy - Above \u2026 3/9 Because the investigation fell short of finding Kesan in violation of the University\u2019s sexual harassment or misconduct policy, there are limits on what actions the school can take against Kesan. In a letter to Abdullah-Span, Dean Vikram Amar described the consequences Kesan will face for his behavior: Kesan will undergo in-person sexual harassment training, be prevented from participating in certain salary programs, and be excluded from the College\u2019s consideration for \u201cnamed chairs or professorship,\u201d which typically come with salary increases, until August 2019 or later, \u201cassuming no additional acts of similar misconduct\u2026 come to light.\u201d But in lieu of placing a copy of the report and all related documents into Kesan\u2019s campus personnel file, Amar wrote the College will include \u201ca memorialization of the discussion we plan to have with him on this matter,\u201d which will allow future deans to learn details of \u201cthe relevant information concerning this matter and its resolution.\u201d As you might imagine, that\u2019s hardly been satisfactory to many members of the College of Law community. Yesterday the Women and Gender in Global Perspectives Program hosted a \u201c#MeToo and Academia\u201d panel discussion and the panel faced pointed questions about Kesan. One audience member noted Kesan \u201ccontinues to have unfettered access to female students and research assistants,\u201d and wanted to know why the law school was not doing more. Panelist and law professor Lesley Wexler said her \u201cstrong suspicion\u201d was that tenure prevented harsher punishments. \u201cIf a private employer wants to fire someone found guilty of sexual harassment, that\u2019s a much easier process,\u201d Wexler said. The law school is part of the larger university system and is not able to \u201cmake its own decisions here\u201d with regards to consequences for an alleged harasser. \u201cThat is part of the problem,\u201d she said. 2/17/25, 12:05 Law School Investigation Finds Professor Accused of Sexually Harassing Students And Faculty Violated University Policy - Above \u2026 4/9 When asked the follow up if Wexler was \u201cpersonally satisfied\u201d with the investigation\u2019s result, she answered simply, \u201cNo.\u201d Kathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1 More from Above the Law They Should Have Spent More On The Site \u2014 See Also Massive Law Firm Gets Caught Hallucinating Cases 2/17/25, 12:05 Law School Investigation Finds Professor Accused of Sexually Harassing Students And Faculty Violated University Policy - Above \u2026 5/9 Which Issues Do Healthcare Leaders Want Jr. To Address? Conquering Conferences: Personalization In Your Follow-Ups From the Above the Law Network Gen AI: Your Legal Research Assistant, Not Your Replacement Thomson Reuters Law Firm Checklist For Successful Client Portals Thomson Reuters Law Firm Checklist For Successful Transaction Management Thomson Reuters Calculate Your Firm\u2019s Time-Saving Potential Want more time for what matters most? MyCase streamlines your firm so you can focus on winning cases. See how much time you could save with our Law Firm Time Savings Calculator\u2014try it now By The MyCase Team 2/17/25, 12:05 Law School Investigation Finds Professor Accused of Sexually Harassing Students And Faculty Violated University Policy - Above \u2026 6/9 Recommended Recent Jobs Immigration Associate \u2013 Flexible Location Location: Chicago posted by Kinney Recruiting Corporate Restructuring and Bankruptcy Associate Location: New York posted by Kinney Recruiting Mid-Level Capital Markets Associate Location: New York posted by Kinney Recruiting The Fight For Rights Continues: The View From Legal Academia The Law School Professor Free Speech Hot Potato Saga Continues Top Law School Accidentally Sends Out Hundreds Of Erroneous Acceptance Letters Gen AI: Your Legal Research Assistant, Not Your Replacement Here's how you can spend more time practicing law, and less time sorting, sifting, and summarizing By Thomson Reuters 2/17/25, 12:05 Law School Investigation Finds Professor Accused of Sexually Harassing Students And Faculty Violated University Policy - Above \u2026 7/9 Why Better Financial Acumen is the Key to Law Firm Success in 2025 From training to technology, uncover the essential steps to futureproof your law firm in a competitive market. By George Egford, Solutions Manager, BigHand Advertising & Marketing Solutions 2/17/25, 12:05 Law School Investigation Finds Professor Accused of Sexually Harassing Students And Faculty Violated University Policy - Above \u2026 8/9 \u00a9 2025 Breaking Media, Inc. All rights reserved. Registration or use of this site constitutes acceptance of our Terms of Service and Privacy Policy. DMCA.com COMPLIANT\u00a9 2/17/25, 12:05 Law School Investigation Finds Professor Accused of Sexually Harassing Students And Faculty Violated University Policy - Above \u2026 9/9", "7742_103.pdf": "teaching/article_0e4e15d2-6db0-501f-a8d6-44d0cc213c4e.html Accused law professor won\u2019t return to teaching Mary Schenk Dec 27, 2019 University of Illinois College of Law professor accused of sexual harassment, who was expected to be back in the classroom in January after a year\u2019s unpaid leave, will not return after all. In an email sent this week to teaching staff and students at the law school, Dean Vikram Amar informed them that as of Wednesday, Jay Kesan will be on a \u201cuniversity sanctioned leave\u201d and will not teach Attempts to contact Amar and Kesan to explain what that means were unsuccessful spokeswoman Robin Kaler declined to answer questions about it. The brief email merely informed recipients that the two courses Kesan was slated to teach for the spring 2020 semester \u2014 intellectual property transactions and cybersecurity law and policy \u2014 would be taught by other faculty members. 2/17/25, 12:06 Accused law professor won\u2019t return to teaching | University-illinois | news-gazette.com 1/3 It was in the fall of 2018 that a two-year investigation into Kesan\u2019s sexual misconduct, which dated to 2002, was made public. On Nov. 9, 2018, Kesan issued a written apology admitting the truth of the allegations and said he was taking an unpaid, yet voluntary, leave of absence from his post for calendar year 2019. Kesan has been affiliated with the law school since 1998, according to his LinkedIn profile. The 2017 report from the Office of Diversity, Equity and Access recommended Kesan undergo sexual harassment training and that a copy of the report be put in his personnel file to be considered when it came time for raises or promotions. In response to the report, Amar said the law school was not giving Kesan a raise in 2017 and would not consider him for any of the higher-paying endowed positions on staff until at least August 2019. The \u201cgray book\u201d of employee salaries listed Kesan\u2019s last annual pay as $238,000 The investigation into his misconduct sparked calls for an overhaul of the campus policy that spared Kesan from being fired for behavior that included formal complaints from three female colleagues and students of unwanted touching and unsolicited discussions about his own sex life. In his case, the applied a legal standard \u2014 \u201csevere or pervasive\u201d offensive behavior that \u201cunreasonably interferes with\u201d a person\u2019s work or educational opportunities \u2014 and concluded his behavior hadn\u2019t met it. The investigation included interviews with 38 anonymous witnesses. In the wake of Kesan\u2019s investigation and that of other faculty and staff members accused of sexual misconduct, including a police officer, the campus has adopted new policies intended to clarify penalties for such misbehavior. University of Illinois College of Law Professor Jay Kesan Provided 2/17/25, 12:06 Accused law professor won\u2019t return to teaching | University-illinois | news-gazette.com 2/3 Mary Schenk Reporter News-Gazette 'We are not waiting anymore sex-harassment committee releases report 2/17/25, 12:06 Accused law professor won\u2019t return to teaching | University-illinois | news-gazette.com 3/3", "7742_104.pdf": "New Reports Find Of Law Professor Violated Sexual Harassment Policy Illinois | 91.9 | By Rachel Otwell (Illinois Times) Published February 18, 2020 at 6:51 Travis Stansel / Illinois Public Media Fifteen women claim Jay Kesan made unwanted sexual advances according to university investigations from last year University of Illinois at Urbana-Champaign law professor facing a new investigation into claims he sexually harassed students and fellow faculty has been found in violation of the university\u2019s sexual misconduct policy. That\u2019s according to internal investigative reports from late last year that Illinois Times obtained through a public records request. The law firm hired by the university to investigate new claims against Jay Kesan from 15 women suggests that \u201csignificant employment action be taken\u201d against the tenured professor former student lodged a complaint against Kesan with the university in November 2018, initiating the subsequent investigation a month after the first into sexual Print Donate Sound Opinions Illinois 2/17/25, 12:06 New Reports Find Of Law Professor Violated Sexual Harassment Policy Illinois 1/10 harassment allegations against him became public. After receiving new investigative findings from the Office for Access and Equity, the dean of the College of Law recommended in February that the university pursue \u201cserious sanctions, up to and including dismissal.\u201d Kesan wrote in a statement to the Illinois Times that the report \u201cmakes no attempt to be fair or neutral.\u201d He wrote, \u201cThere is no evidence that supports many of the findings.\u201d Kesan wrote that he had not been treated fairly by the university and that he is \u201cabout to be punished for the third time now for the same basic conduct.\u201d He noted he has undergone counseling \"in order to improve and to also show my commitment to the process.\" According to a university spokesperson, Kesan has not been allowed at the College of Law for over a year and is on paid administrative leave. His last reported salary is $238,183.21 according to a university database. The university said the matter is under review. \u201cWe care deeply about anyone who has been affected by inappropriate behavior, and we are vigilantly focused on maintaining a comfortable learning and working environment for all students, faculty and staff that is free of discrimination and harassment, and where intellectual exploration and academic integrity are unencumbered,\u201d wrote spokesperson Robin Kaler in an emailed statement. The initial investigation The university faced criticism over its handling of the initial complaints leading to an investigation. Widespread reform efforts followed, including a committee on faculty sexual misconduct that released a host of recommendations for change last year. At a #MeToo forum in October 2018 at the College of Law, Kathy Lee, an Urbana resident with friends in the law school, asked what was being done to protect students from Kesan\u2019s behavior. News media reported soon after that he had violated the university\u2019s code of conduct, but not the sexual misconduct policy, after an investigation into allegations from three women. The report included the testimonies of 38 witnesses. As a result of that investigation, taking place from 2015-2017, Kesan was told to undergo training and had to miss out on pay-bumps for a limited period of time, but remained on faculty. Sound Opinions Illinois 2/17/25, 12:06 New Reports Find Of Law Professor Violated Sexual Harassment Policy Illinois 2/10 university finding of sexual harassment likely would have come with more severe sanctions, but his behavior \u2014 including unwelcome touching, inappropriate sexualized comments and \u201cogling\u201d\u2014 was not deemed \u201csevere or pervasive\u201d enough to qualify as sexual misconduct. Lee said she has friends whose careers have been negatively impacted as a result of being harassed by Kesan. Lee felt obligated to speak at the forum in hopes of protecting others said think we need to shine a light on this. This can\u2019t go unspoken.\u201d After calls for his resignation, Kesan wrote a letter to the law school community admitting to and apologizing for the conduct described by victims. He stated he would take a voluntary unpaid leave for calendar year 2019. Kesan had been scheduled to teach in January 2020. However, weeks before, he was put on \u201cuniversity-sanctioned leave,\u201d according to an email sent to students and faculty from the College of Law dean university spokesperson would not comment at the time on why Kesan was placed on leave or any other details. New claims against Kesan The most recent investigations are broken into two reports, both dated November 2019. One has details from \u201cas many as 14 different people\u201d over a period \u201cas long as 15 years.\u201d The other includes claims from a former student detailing \u201ca series of actions in 2014 of a sexual or gender-based nature,\u201d including prying into her personal life, repeatedly urging her to meet with him privately, and running his fingers on her bare skin \u201cfrom about two inches above (her) knee, to very close to her hip\u201d while parked in a car. According to that report, Kesan did not deny the touching and said it would not surprise him if it happened, but that he didn\u2019t remember it. In the report, the investigator said the touching bordered on sexual assault. Kesan was found in violation of both the sexual misconduct policy and code of conduct as result of the woman\u2019s claims. The reports, authored by attorney Peter Land of law firm Husch Blackwell, state that while on leave in 2019, Kesan underwent counseling and learned that he \u201cneeds to be more cognizant of how he is perceived\u201d \u2014 including respecting physical boundaries in the workplace. Sound Opinions Illinois 2/17/25, 12:06 New Reports Find Of Law Professor Violated Sexual Harassment Policy Illinois 3/10 Kesan told investigators that having grown up in Mumbai, India, there were \u201ccultural differences\u201d to blame in part for his behavior, and counseling had helped him see that. He also claimed he often gets close to people when speaking as he is hard of hearing. When asked why complaints were coming from women as opposed to men, Kesan answered, \u201cIt could be that the problem is me.\u201d In the second report, Land investigated the allegations of \u201cas many as 14 different people.\u201d Claims include more unwelcome touching, flirting, \u201cogling\u201d and invitations to private meetings away from work. There\u2019s also one anonymous report of a sexual relationship with an international student, which Kesan denied. Kesan largely responded by saying he did not recall the alleged behavior. In the second report, Land found that Kesan\u2019s behavior violated the code of conduct, but was not \u201csevere or pervasive\u201d enough to violate the sexual misconduct policy in all but one of the cases investigated. He did however find that Kesan violated both policies in the case of allegations levied by Jessica Lanford, a former student whom Kesan invited to Tokyo for research. Once in Japan, he proceeded to touch her inappropriately and pursue a romantic relationship, she said. Lanford, who was also a witness in the initial investigation completed in 2017, said she was approached by the university\u2019s Title office in March of 2019 to give testimony, again. She felt wary of the issue once more coming into her orbit had the first time around really felt that was doing the right thing by sharing what had happened to me, that could trust the officials at the university to do the right thing with information that was sharing,\u201d she said. But she was ultimately disappointed with the original outcome. She said she asked the investigators to be informed of the status of the case, reaching out to Land and the Title office after she testified, but said she was kept in the dark of its progress. Throughout the past year, she remained hopeful that this time the university would \u201cget it right,\u201d that is, find Kesan in violation of policies and issue serious sanctions. Sound Opinions Illinois 2/17/25, 12:06 New Reports Find Of Law Professor Violated Sexual Harassment Policy Illinois 4/10 In the written statement shared with Illinois Times, Kesan said Lanford\u2019s claims had already been part of the investigation in 2015-17 and questioned why a new decision was reached. The initial investigation into Kesan took more than two years to complete. The latest effort took more than six months. University policy says investigations should be completed within 60 days when possible. Reform efforts In the midst of the #MeToo movement, universities across the country have been grappling with how tenure protections and other factors unique to higher education \u2014 like heightened power differentials \u2014 can enable bad behavior. Kesan\u2019s situation has drawn national attention as some argue it exemplifies gaps in current policies. In Champaign law professor Robin Kar headed the committee tasked with researching best practices and suggesting ways to change the university\u2019s investigative and disciplinary processes. The committee released a report last fall with a host of suggestions, including considering a way to make the sexual harassment policy more broad in terms of what it considered qualifying behavior. It also suggested the university hire more confidential advisors to work directly with victims. And it found complaints about the amount of time investigations took were widespread. \u201cWe concluded that the expeditiousness of these processes was something we needed to improve,\u201d said Kar. Last year, an investigation by Illinois and ProPublica found that faculty who had violated university sexual harassment policy in recent years were put on paid leave for months. Some signed nondisclosure agreements with the university, where it promised to keep the details of their departures secret unless required by law. Some went on to new appointments, where their new employers were assumably not privy to their histories. Earlier this month, in a letter to UIUC\u2019s Office for Access and Equity, the College of Law dean agrees it would be appropriate to \u201clevy significant sanctions\u201d against Kesan as a result of the recent investigative findings. However, he wrote that those sanctions would be beyond the college\u2019s authority to impose. Sound Opinions Illinois 2/17/25, 12:06 New Reports Find Of Law Professor Violated Sexual Harassment Policy Illinois 5/10 Meanwhile, it\u2019s not only victims who have a close eye on what broader policy changes the university might approve, and many hope the issue doesn\u2019t fade away. \u201cThe reason they came forward was because they want to see change for people in the future. And they did not feel that anything had changed for the future,\u201d said Lee of her friends who formalized complaints with the university years ago. Those friends include Lanford, one the targets of Kesan\u2019s harassment. Having reviewed the new investigative report provided to her by Illinois Times, she said absolutely agree with the findings, but I\u2019m concerned that procedurally there\u2019s continued confusion.\u201d Kesan Investigative Materials contributed by Brian Mackey Illinois) p. 1 File Search Sections Fit width Page 1 of 40 Rachel Otwell is a reporter with Illinois Times. Mary Hansen of Illinois contributed to this report. If you have been a target of sexual harassment or assault, you can speak with someone who has been trained to help by calling the National Sexual Assault Hotline at 800-656 (4673) or chatting online at online.rainn.org . Sound Opinions Illinois 2/17/25, 12:06 New Reports Find Of Law Professor Violated Sexual Harassment Policy Illinois 6/10 Tags Equity & Justice Jay Kesan faculty sexual misconduct Univeristy of Illinois University of Illinois Urbana Champaign Print The Latest of soybean lab\u2019s pending closure due to cuts hinders global disease research State Week: Madigan convicted, Blagojevich pardoned Illinois poultry owners not allowed to sell or show their birds right now | First Listen Statewide: Counting the unhoused As Chicago strengthens immigrant protections, downstate officials split on sanctuary laws Chicago Tribune reporter Ray Long discusses the Madigan verdict | First Listen Related Stories Sound Opinions Illinois 2/17/25, 12:06 New Reports Find Of Law Professor Violated Sexual Harassment Policy Illinois 7/10 Professor finds troubled communication between women and their doctors of Sued Over Handling Of Sexual Misconduct Claims Of Lab Working To Reduce Time To Get Results Of Saliva COVID-19 Tests of Bans \u2018Intimate\u2019 Faculty-Undergraduate Student Relationships Sound Opinions Illinois 2/17/25, 12:06 New Reports Find Of Law Professor Violated Sexual Harassment Policy Illinois 8/10 What do you think? 0 Responses Share Best Newest Oldest Upvote Funny Love Surprised Angry Sad 0 Comments \ue603 1 Login Name Start the discussion\u2026 ? Be the first to comment. Subscribe Privacy Do Not Sell My Data \uf109 Stay Connected \u00a9 2025 Illinois About/Contact Visiting Illinois Public File Sound Opinions Illinois 2/17/25, 12:06 New Reports Find Of Law Professor Violated Sexual Harassment Policy Illinois 9/10 Public File Schedule (printable) Subscribe to Illinois Daily Sound Opinions Illinois 2/17/25, 12:06 New Reports Find Of Law Professor Violated Sexual Harassment Policy Illinois 10/10", "7742_105.pdf": "of Law Professor Remains On Leave Instead Of Returning By Rachel Otwell \u0000December 27, 2019 \ue07b \uf16d \uf39e University of Illinois Urbana Champaign Photo: Illinois Newsroom University of Illinois law professor accused of sexual misconduct had been slated to return to teach in January. But he will instead be placed on \u201cuniversity-sanctioned leave.\u201d In fall of last year, details of a of investigation into claims of sexual misconduct against Jay Kesan were made public by the media. \uf002 \u00002/17/25, 12:06 of Law Professor Remains On Leave Instead Of Returning Newsroom 1/4 Jay P. Kesan Amid calls for his resignation, Kesan penned an apology letter, admitting the allegations were true and announced he\u2019d take a voluntary unpaid leave of absence for 2019. On December 23, law faculty and students in Urbana-Champaign received an email stating Kesan will not teach the courses he had been scheduled for this spring, instead he\u2019ll be put on leave. The of has said in a statement that it will not comment on this \u201congoing personnel matter\u201d and has not said whether Kesan will be paid or allowed on campus. Kesan did not return several requests for comment. Here is an excerpt of Christine Herman\u2019s original report from October 2018: An investigation into allegations of sexual harassment against University of Illinois law professor Jay Kesan finds Kesan violated the university\u2019s code of conduct and violated the spirit of the university\u2019s policies prohibiting sexual harassment and sexual misconduct report on the investigation, which was conducted by the Office of Diversity, Equity, and Access at the University of Illinois at Urbana-Champaign, was issued in September 2017 and recently obtained by Illinois Public Media through a Freedom of Information Act request. The investigation began in June 2015 when a request was made by Jamelle Sharpe, associate dean for academic affairs at of College of Law at the time. The report states that the College had received multiple complaints regarding Kesan\u2019s interactions with female faculty members and students. Investigators spoke with three complainants, who agreed to have investigate their claims of sexual harassment against Kesan on the condition of anonymity, and an 2/17/25, 12:06 of Law Professor Remains On Leave Instead Of Returning Newsroom 2/4 additional 38 witnesses, including current and former students and faculty or staff members. Editor\u2019s Note: The original post said Kesan\u2019s note was sent on December 24. It was corrected to December 23. TAGS: education, Jay Kesan, sexual harassment, university of illinois Christine Herman Christine Herman is a Ph.D. chemist turned audio journalist who covers health for the Illinois Newsroom. Her reporting for Illinois Public Media has received awards from the Illinois Associated Press Broadcasters Association, the Public Media Journalists Association and has reached both regional and national audiences through WILL's health reporting partnership with Side Effects Public Media and Kaiser Health News. Christine started at in 2015 Home Office of the Chancellor Office of the Provost Research Student Assistance Center University of Illinois System Accessibility at Illinois Admissions Alumni Athletics Bookstore Calendar Campus Directory Campus Map 2/17/25, 12:06 of Law Professor Remains On Leave Instead Of Returning Newsroom 3/4 COVID-19 Diversity, Equity, & Inclusion Emergency Employment Giving Mental Health About Cookies Privacy Policy Accessibility \u00a9 2024 University of Illinois 2/17/25, 12:06 of Law Professor Remains On Leave Instead Of Returning Newsroom 4/4", "7742_106.pdf": "News & Opinion \u00bb News February 18, 2020 University of Illinois at Urbana-Champaign law professor facing a new investigation into claims he sexually harassed students and fellow faculty has New reports find of law professor violated sexual harassment policy University investigations consider accounts of 15 women, Jay Kesan remains on paid leave By Rachel Otwell Listen to the article now 1.0x Audio by Carbonatix \uf0c9 \uf002 been found in violation of the university\u2019s sexual misconduct policy. That\u2019s according to internal investigative reports from late last year that Illinois Times obtained through a public records request. The law firm hired by the university to investigate new claims against Jay Kesan from 15 women suggests that \u201csignificant employment action be taken\u201d against the tenured professor former student lodged a complaint against Kesan with the university in November 2018, initiating the subsequent investigation a month after the first sexual harassment allegations against him became public. After receiving new investigative findings from the Office for Access and Equity, the dean of the College of Law recommended in February that the university pursue \u201cserious sanctions, up to and including dismissal.\u201d Kesan wrote in a statement to the Illinois Times that the report \u201cmakes no attempt to be fair or neutral.\u201d He wrote, \u201cThere is no evidence that supports many of the findings.\u201d Kesan wrote that he had not been treated fairly by the university and that he is \u201cabout to be punished for the third time now for the same basic conduct.\u201d He noted he has undergone counseling \"in order to improve and to also show my commitment to the process.\" According to a university spokesperson, Kesan has not been allowed at the College of Law for over a year and is on paid administrative leave. His last reported salary is $238,183.21 according to a university database. The university said the matter is under review. \u201cWe care deeply about anyone who has been affected by inappropriate behavior, and we are vigilantly focused on maintaining a comfortable learning and working environment for all students, faculty and staff that is free of discrimination and harassment, and where intellectual exploration and academic integrity are unencumbered,\u201d wrote spokesperson Robin Kaler in an emailed statement. The initial investigation The university faced criticism over its handling of the initial complaints leading to an investigation. Widespread reform efforts followed, including a committee on faculty sexual misconduct that released a host of recommendations for change last year. At a #MeToo forum in October 2018 at the College of Law, Kathy Lee, an Urbana resident with friends in the law school, asked what was being done to protect students from Kesan\u2019s behavior. News media reported soon after that he had violated the university\u2019s code of conduct, but not the sexual misconduct policy, after an investigation into allegations from three women. The report included the testimonies of 38 witnesses. As a result of that investigation, taking place from 2015-2017, Kesan was told to undergo training and had to miss out on pay-bumps for a limited period of time, but remained on faculty university finding of sexual harassment likely would have come with more severe sanctions, but his behavior \u2014 including unwelcome touching, inappropriate sexualized comments and \u201cogling\u201d\u2014 was not deemed \u201csevere or pervasive\u201d enough to qualify as sexual misconduct. Lee said she has friends whose careers have been negatively impacted as a result of being harassed by Kesan. Lee felt obligated to speak at the forum in hopes of protecting others said think we need to shine a light on this. This can\u2019t go unspoken.\u201d After calls for his resignation, Kesan wrote a letter to the law school community admitting to and apologizing for the conduct described by victims. He stated he would take a voluntary unpaid leave for calendar year 2019. Kesan had been scheduled to teach in January 2020. However, weeks before, it was announced he would instead go on \u201cuniversity-sanctioned leave,\u201d according to an email sent to students and faculty from the College of Law dean university spokesperson would not comment at the time about details. New claims against Kesan The most recent investigations are broken into two reports, both dated November 2019. One has details from \u201cas many as 14 different people\u201d over a period \u201cas long as 15 years.\u201d The other includes claims from a former student detailing \u201ca series of actions in 2014 of a sexual or gender-based nature,\u201d including prying into her personal life, repeatedly urging her to meet with him privately, and running his fingers on her bare skin \u201cfrom about two inches above (her) knee, to very close to her hip\u201d while parked in a car. According to the first report involving a single student, Kesan did not deny the touching and said it would not surprise him if it happened, but that he didn\u2019t remember it. The investigator said the touching bordered on sexual assault. Kesan was found in violation of both the sexual misconduct policy and code of conduct as result of the woman\u2019s claims. The reports, authored by attorney Peter Land of law firm Husch Blackwell, state that while on leave in 2019, Kesan underwent counseling and learned that he \u201cneeds to be more cognizant of how he is perceived\u201d \u2014 including respecting physical boundaries in the workplace. Kesan told investigators that having grown up in Mumbai, India, there were \u201ccultural differences\u201d to blame in part for his behavior, and counseling had helped him see that. He also claimed he often gets close to people when speaking as he is hard of hearing. When asked why complaints were coming from women as opposed to men, Kesan answered, \u201cIt could be that the problem is me.\u201d Per the second report, Land investigated the allegations of \u201cas many as 14 different people.\u201d Claims include more unwelcome touching, flirting, \u201cogling\u201d and invitations to private meetings away from work. There\u2019s also one anonymous report of a sexual relationship with an international student, which Kesan denied. Kesan largely responded by saying he did not recall the alleged behavior. In that report, Land found that Kesan\u2019s behavior violated the code of conduct, but was not \u201csevere or pervasive\u201d enough to violate the sexual misconduct policy in all but one of the cases investigated. He did however find that Kesan violated both policies in the case of allegations levied by Jessica Lanford, a former student whom Kesan invited to Tokyo for research. Once in Japan, he proceeded to touch her inappropriately and pursue a romantic relationship, she said. Lanford, who was also a witness in the initial investigation completed in 2017, said she was approached by the university\u2019s Title office in March of 2019 to give testimony, again. She felt wary of the issue once more coming into her orbit had the first time around really felt that was doing the right thing by sharing what had happened to me, that could trust the officials at the university to do the right thing with information that was sharing,\u201d she said. But she was ultimately disappointed with the original outcome. She said she asked the investigators to be informed of the status of the case, reaching out to Land and the Title office after she testified, but said she was kept in the dark of its progress. Throughout the past year, she remained hopeful that this time the university would \u201cget it right,\u201d that is, find Kesan in violation of policies and issue serious sanctions. In the written statement shared with Illinois Times, Kesan said Lanford\u2019s claims had already been part of the investigation in 2015-17 and questioned why a new decision was reached. The initial investigation into Kesan took more than two years to complete. The latest effort took more than six months. University policy says investigations should be completed within 60 days when possible. Reform efforts In the midst of the #MeToo movement, universities across the country have been grappling with how tenure protections and other factors unique to higher education \u2014 like heightened power differentials \u2014 can enable bad behavior. Kesan\u2019s situation has drawn national attention as some argue it exemplifies gaps in current policies law professor Robin Kar headed the committee tasked with researching best practices and suggesting ways to change the university\u2019s investigative and disciplinary processes. The committee released a report last fall with a host of suggestions, including considering a way to make the sexual harassment policy more broad in terms of what it considered qualifying behavior. It also suggested the university hire more confidential advisors to work directly with victims. And it found complaints about the amount of time investigations took were widespread. \u201cWe concluded that the expeditiousness of these processes was something we needed to improve,\u201d said Kar. Last year, an investigation by Illinois and ProPublica found that faculty who had violated university sexual harassment policy in recent years were put on paid leave for months. Some signed nondisclosure agreements with the university, where it promised to keep the details of their departures secret unless required by law. Some went on to new appointments, where their new employers were assumably not privy to their histories. Earlier this month, in a letter to UIUC\u2019s Office for Access and Equity, the College of Law dean agreed it would be appropriate to \u201clevy significant sanctions\u201d against Kesan as a result of the recent investigative findings. However, he wrote that those sanctions would be beyond the college\u2019s authority to impose. Meanwhile, it\u2019s not only victims who have a close eye on what broader policy changes the university might approve, and many hope the issue doesn\u2019t fade away. \u201cThe reason they came forward was because they want to see change for people in the future. And they did not feel that anything had changed for the future,\u201d said Lee of her friends who formalized complaints with the university years ago. Those friends include Lanford, one the targets of Kesan\u2019s harassment. Having reviewed the new investigative report provided to her by Illinois Times, she said absolutely agree with the findings, but I\u2019m concerned that procedurally there\u2019s continued confusion.\u201d Mary Hansen of Illinois contributed to this report. If you have been a target of sexual harassment or assault, you can speak with someone who has been trained to help by calling the National Sexual Assault Hotline at 800-656 (4673) or chatting online at online.rainn.org \u2014 Kesan_Investigative_Materials_2019-2020.pdf kesan_investigative_materials_2019-2022.pdf Page: 1 of 40 Automatic ViewerJS Rachel Otwell \uf0e0 Illinois Times has provided readers with independent journalism for almost 50 years, from news and politics to arts and culture. Your support will help cover the costs of editorial content published each week. Without local news organizations, we would be less informed about the issues that affect our community.. Click here to show your support for community journalism. Got something to say? Send a letter to the editor and we'll publish your feedback in print! Tags Comment Subscribe to this thread Post Comment News, #MeToo of I, Jay Kesan More \u00bb More News\uf101 All News & Opinion of soybean lab\u2019s pending closure due to cuts hinders global disease research Student grants lower than expected Madigan guilty of bribery con- spiracy as jury returns partial verdict Next phase of east-side housing devel- opment in jeopardy LIKED\u2026 Revitalizing Route 66 Banking on change LGBTQ+ com- munity ex- presses concerns By Bridgette Fox Feb 16, 2025 By Logan Bricker Feb 13, 2025 By Hannah Meisel Feb 12, 2025 By Dean Olsen Feb 12, 2025 By Dean Olsen Mar 7, 2024 By Scott Reeder Oct 17, 2024 By Dean Olsen Nov 14, 2024 Sangamon County Historical Society Meeting @ Lincoln Library Tue., Feb. 18, 5:30-7 p.m. \uf002All of today's events Picks Monday, February 17 -All Categories- -All Neighborhoods of soybean lab\u2019s pending closure due to cuts hinders global dis- ease research State anticipates budget struggles Next phase of east- side housing de- velopment in jeopardy Madigan guilty of bribery conspiracy as jury returns par- tial verdict KEYWORDS... \uf002 By Bridgette Fox Feb 16, 2025 By Rich Miller Feb 7, 2025 By Dean Olsen Feb 12, 2025 By Hannah Meisel Feb 12, 2025 Digital Edition This Week February 13-19, 2025 Previous Issues Subscribe Today! Get Our Latest Articles in Your Inbox Email Required The Wedding Issue Spring 2025 Remembering 2024 Winter 2024 Best Of Springfield 2024 Fall Home and Garden \uf39eFacebook \uf16dInstagram X/Twitter \uf167YouTube Issue Archives Special Issues Feeds Public Notices News & Opinion Music Food & Drink Arts & Culture Contact Us Letter to the Editor Pitch a Story or News Tip Event Search Featured Events Submit a Listing Advertising Info Contact Us Subscribe Newsletters Illinois Times Staff Privacy Policy / User Agreement \u00a9 2025 Illinois Times", "7742_107.pdf": "News Local/State Of Law Professor Accused Of Sexual Harassment, Found In Violation Of Campus Code Of Conduct October 18, 2018 By Christine Herman University of Illinois College of Law An investigation into allegations of sexual harassment against University of Illinois law professor Jay Kesan finds Kesan violated the university\u2019s code of Donate Now 2/17/25, 12:06 Of Law Professor Accused Of Sexual Harassment, Found In Violation Of Campus Code Of Conduct | News Local/State | Illinoi\u2026 1/9 conduct and violated the spirit of the university\u2019s policies prohibiting sexual harassment and sexual misconduct report on the investigation, which was conducted by the Office of Diversity, Equity, and Access at the University of Illinois at Urbana-Champaign, was issued in September 2017 and recently obtained by Illinois Public Media through a Freedom of Information Act request. The investigation began in June 2015 when a request was made by Jamelle Sharpe, associate dean for academic affairs at of College of Law at the time. The report states that the College had received multiple complaints regarding Kesan\u2019s interactions with female faculty members and students. Investigators spoke with three complainants, who agreed to have investigate their claims of sexual harassment against Kesan on the condition of anonymity, and an additional 38 witnesses, including current and former students and faculty or staff members. The report from the investigation comes short of concluding Kesan\u2019s actions constitute sexual harassment or sexual misconduct as defined by University policy. But it states Kesan\u2019s actions \u201ccertainly have made the working and teaching environment uncomfortable for a countless number of female colleagues and students.\u201d \u201c[The] collective evidence gathered during the investigation revealed a pattern and practice by Professor Kesan of engaging female students and junior female colleagues in a manner that he knew or should have known would make them feel uncomfortable and was highly inappropriate for a workplace or academic setting,\u201d writes Kaamilyah Abdullah-Span, senior associate director of the of I\u2019s Office of Diversity, Equity, and Access, author of the report. 2/17/25, 12:06 Of Law Professor Accused Of Sexual Harassment, Found In Violation Of Campus Code Of Conduct | News Local/State | Illinoi\u2026 2/9 The Allegations The witnesses collectively portrayed Kesan as someone who is overly friendly at times, tends to stand close to others when speaking with them, and who is oblivious to normal social cues. According to the report, Kesan \u201ctests the boundaries of what is appropriate contact and communication, but makes it a point to never blatantly cross the line former law student alleges Kesan made a reference to masturbation in a conversation with her and rubbed her thigh in a way that made her feel uncomfortable. Another student said Kesan hit on her, asked her repeatedly about her relationship status, hugged her and once touched her buttocks former faculty member alleges Kesan asked her inappropriate personal questions, such as her opinion on adultery, and routinely tried to hug her whenever she encountered him. She said Kesan repeatedly invited her to his apartment in Chicago and out for drinks \u201cdespite making it clear to him that she was not interested in either offer,\u201d according to the report. Another former faculty member alleges Kesan inquired about her relationship status and sexual practices, and made comments about his sex life and sexual JayKesan ODEAreport contributed by Christine Herman (Christine Herman) p. 1 File Text Pages Notes Search Sections Page 1 of 19 2/17/25, 12:06 Of Law Professor Accused Of Sexual Harassment, Found In Violation Of Campus Code Of Conduct | News Local/State | Illinoi\u2026 3/9 fantasies. Several portions of the report were redacted, including what appears to be a copy of an email exchange between people discussing Kesan portion of the email states: \u201cHe got way too inappropriately touchy, and very forward-ly hit on me. Gross. So I\u2019ve just been ignoring him completely, except for when it\u2019s absolutely necessary to email about research.\u201d Many of the complainants and witnesses expressed they were hesitant to come forward out of fear of retaliation and the concern that speaking out would negatively affect their professional careers, according to the report. Several alleged victims said they tried to avoid further interactions with Kesan and advised other women to avoid working with Kesan even if their research interest was within his field of study. Kesan\u2019s Defense & The University Of Illinois's Response According to the report, Kesan contends that the allegations from the complainants and witnesses \u201care without merit or lack appropriate context.\u201d Kesan did not respond to a request for an interview. He sent a statement through of spokeswoman Robin Kaler, which reads: \"It was never my intent to offend anyone. But obviously did. For that am truly sorry apologize. Since this was brought to my attention have become very careful to make sure that my words and deeds don't offend or cause discomfort to anyone going forward.\" Kesan denied engaging any colleague or student in a sexual manner and said it\u2019s possible he may have touched someone \u201cin a gesture of assurance or comfort\u201d and is \u201cnot aware of anyone having construed such a gesture as being sexual in nature, offensive, or unwelcome,\u201d according to the report. He acknowledged he often hugs colleagues, both male and female, but said he \u201cdoes so with appropriate brevity and formality,\u201d according to the report. Kesan recognized that he may stand unreasonably close to people due to his hearing loss and \u201cregrets that his cues are misinterpreted by some as an attempt to infringe on their personal space.\u201d Kesan said he does not recall talking to anyone about, or referencing, masturbation and said invitations to students and colleagues to use his apartment in Chicago are \u201cintended only as friendly gestures,\u201d according to the report. 2/17/25, 12:06 Of Law Professor Accused Of Sexual Harassment, Found In Violation Of Campus Code Of Conduct | News Local/State | Illinoi\u2026 4/9 The investigators concluded that the conduct attributed to Kesan was \u201ccertainly inappropriate\u201d and \u201cclearly objectionable,\u201d yet does not meet the of I\u2019s high standards for actions that would constitute a violation of sexual misconduct policy. The report concludes with a list of recommendations to the College of Law to \u201cbring this conduct to an end\u201d and restore civility and decency in the work and academic environment. The recommendations include increased training and information provided to all faculty and staff on reporting sexual misconduct. It also recommends that, at a minimum, Kesan be required to undergo sexual harassment training and professional coaching and have a copy of the report and all related documents placed in his permanent personnel file \u201cso that they may be considered whenever he is being considered for possible promotions, merit increases, awards, recognitions, or other employment matters.\u201d Alleged Victims \u201cNot Satisfied\u201d With Investigation Results At a \u201c#MeToo and Academia\u201d panel discussion event that took place Wednesday at the of College of Law auditorium in Champaign, audience member and Urbana resident Kathy Lee asked a question about the Kesan investigation to panelists, which included several faculty members from the of College of Law. Kesan \u201ccontinues to have unfettered access to female students and research assistants,\u201d Lee said. \u201cI\u2019d like to ask the panelists why they think the law school is not doing more to protect its students and faculty from sexual harassment.\u201d In response of law professor Lesley Wexler said her \u201cstrong suspicion\u201d is that there are limitations to what a university can do to tenured professors, due to job protections. \u201cIf a private employer wants to fire someone found guilty of sexual harassment, that\u2019s a much easier process,\u201d Wexler said. The law school is part of the larger university system and is not able to \u201cmake its own decisions here\u201d with regards to consequences for an alleged harasser. \u201cThat is part of the problem,\u201d she said. Lee followed up and asked Wexler, \u201cAre you personally satisfied with the result [of the investigation]?\u201d to which Wexler gave a one-word reply: \u201cNo.\u201d In an earlier interview with Wexler about how the #MeToo movement is playing out in academia, she said the power differential between students and professors makes academia \"ripe for abuse.\" \u201cThe reason we have strong tenure protections are to prevent politically motivated firings,\u201d Wexler said. \u201cBut on the other hand, it can also make it 2/17/25, 12:06 Of Law Professor Accused Of Sexual Harassment, Found In Violation Of Campus Code Of Conduct | News Local/State | Illinoi\u2026 5/9 Panelists of the \"#MeToo and Academia\" panel discussion pose for a photo after the event on Wednesday, October 17, 2018. From left to right: Ran Hao, Suja Thomas, Andrea Miller, Lesley Wexler and Colleen Murphy. Photo Credit: Christine Herman/Illinois Public Media quite difficult to discipline professors who are found to engage in bad behavior but not fireable offenses.\u201d Lee said she is friends with several people who participated in the investigation and were \u201con the receiving end of sexual harassment\u201d with Kesan. In an interview after the panel discussion, Lee said they are not satisfied with the result would love for Jay Kesan to be held more responsible for his actions,\u201d said Lee. \u201cPerhaps he should be removed from teaching altogether.\" In a letter to ODEA\u2019s Abdullah-Span, dated October 2017, College of Law Dean Vikram Amar wrote that Kesan will undergo in-person sexual harassment training, be prevented from participating in certain salary programs, and be excluded from the College\u2019s consideration for \u201cnamed chairs or professorship,\u201d which typically come with salary increases, until August 2019 or later, \u201cassuming no additional acts of similar misconduct\u2026 come to light.\u201d But in lieu of placing a copy of the report and all related documents into Kesan\u2019s campus personnel file, Amar wrote the College will include \u201ca memorialization of the discussion we plan to have with him on this matter,\u201d which will allow future deans to learn details of \u201cthe relevant information concerning this matter and its resolution.\u201d Amar declined an interview, saying in an email: \u201cIt is not my practice to comment on personnel matters.\u201d He deferred to of spokeswoman Robin Kaler for further comment on the investigation and the university\u2019s response. In an email, Kaler said as soon as the investigative report into Kesan\u2019s actions was finalized, \u201cthe University took swift steps intended to ensure that no such violations will recur and continues to be vigilantly focused on maintaining a comfortable learning and working environment for all students, staff and faculty.\" But Lee said she would like to see stronger action taken against Kesan. She said she feels it\u2019s sad that the onus is on victims to come forward and try to protect other potential victims. Allowing Kesan to continue to teach and advise students \u201cseems inappropriate given the number of witnesses and claimants who have things to say about him and his sexual harassment of them,\" Lee said. 2/17/25, 12:06 Of Law Professor Accused Of Sexual Harassment, Found In Violation Of Campus Code Of Conduct | News Local/State | Illinoi\u2026 6/9 Editor's Note: Jay Kesan is a commentator for Illinois Public Media's \"Legal Issues In The News.\" Follow Christine on Twitter: @CTHerman Links + #MeToo: \u201cYou Can\u2019t Legislate That + #MeToo: The Push For More Women In Politics #MeToo In Illinois Government; New App \u2018PulsePoint Of Law Professor: Power Dynamics Make Academia \u2018Ripe For Abuse\u2019 jay kesan university of illinois college of law office of diversity, equity, and access sexual harassment #metoo #meto Illinois Public Media Campbell Hall 300 N. Goodwin Urbana 61801 217-333-7300 willamfm@illinois.edu Location & Map College of Media Newsletters Subscribe to our newsletters to get updates about Illinois Public Media's role in giving voice to local arts, education, new ideas, and community needs, sent straight to your inbox. facebookinstagramyoutube 2/17/25, 12:06 Of Law Professor Accused Of Sexual Harassment, Found In Violation Of Campus Code Of Conduct | News Local/State | Illinoi\u2026 7/9 Support Donate Membership Information Travel & Tours Friends of Memory Archive About Compliance Documentation Public Files Management Privacy Notice Accessibility at Illinois Admissions Alumni Athletics Bookstore Calendar Campus Directory Campus Map COVID-19 2/17/25, 12:06 Of Law Professor Accused Of Sexual Harassment, Found In Violation Of Campus Code Of Conduct | News Local/State | Illinoi\u2026 8/9 Diversity, Equity, & Inclusion Emergency Employment Giving Mental Health News Office of the Chancellor Office of the Provost Research Student Assistance Center University of Illinois System Privacy Policy Accessibility \u00a9 2025 University of Illinois About Cookies 2/17/25, 12:06 Of Law Professor Accused Of Sexual Harassment, Found In Violation Of Campus Code Of Conduct | News Local/State | Illinoi\u2026 9/9", "7742_108.pdf": "Law Prof Who Crossed Lines With Female Students Now on 'Indefinite' Leave University of Illinois College of Law Dean Vikram Amar has told students that professor Jay Kesan won't teach this semester as planned. January 07, 2020 at 01:50 3 minute read By Karen Sloan University of Illinois College of Law. (Courtesy photo.) 2/17/25, 12:06 Law Prof Who Crossed Lines With Female Students Now on 'Indefinite' Leave 1/12 University of Illinois law professor who was found in 2017 to have acted inappropriately with female students for years won't be returning to the classroom this semester as expected. Embattled law professor Jay Kesan, who just concluded a year-long unpaid leave of absence, will not teach cybersecurity law and policy and intellectual property transactions during the spring semester as scheduled, according to Illinois law Dean Vikram Amar, who informed students by email in late December. Instead, Amar wrote that Kesan is on a \"university sanctioned leave\" and that other faculty will teach those two courses. The decision was first reported by The News-Gazette in Champaign, Illinois. Reached Tuesday, associate chancellor Robin Neal Kaler called Kesan's leave \"indefinite\" but declined to comment further. It's unclear whether that leave was Kesan's decision or imposed by the university. Amar on Tuesday referred requests for clarification to Kaler, and Kesan did not respond to requests for comment. The university in 2015 launched an investigation into Kesan's conduct after three women lodged complaints against him. That investigation concluded in 2017 that the law professor had acted inappropriately with female students\u2014for example, rubbing a female student's thigh, inviting another to stay at his Chicago apartment, and asking invasive questions about a student's sex life\u2014but that his actions were not extreme enough to violate the campus' sexual misconduct rules. He was required to undergo sexual harassment training. The investigator's report stayed under wraps until 2018, when Northern Illinois affiliate obtained it through an open records request. The response from students was swift. The law school's Student Bar Association called on Kesan to resign, writing in a letter that they were, \"shocked, angered, and disappointed not only by Professor Kesan's 2/17/25, 12:06 Law Prof Who Crossed Lines With Female Students Now on 'Indefinite' Leave 2/12 Jay Kesan. horrible behavior but also by the muted response of the university administration.\" Ultimately, Kesan took a year of unpaid leave starting in January 2019, which concluded this month. He has been on the faculty of the law school since 1998 and remains listed as a faculty member on the law school's website. Kesan is one of a number of legal academics who were found to have crossed the line with students or staff in recent years. Former University of California, Berkeley School of Law Dean Sujit Choudhry resigned in 2016 after he was sued for sexual harassment by his executive assistant. Up-and-coming legal academic Ian Samuel in May resigned his associate professor post at Indiana University Maurer School of Law\u2014Bloomington, after the university launched a Title misconduct investigation the previous December. In an open letter to university provost Lauren Robel, Samuel wrote that he had taken to drinking in excess and \"treating the people present in ways they didn't deserve.\" Marquette University removed law professor Paul Secunda from the classroom in December 2018 amid allegations of an inappropriate relationship with a student university spokesman said Tuesday that Secunda \"is not currently assigned to teaching duties.\" And two law deans resigned in 2017 after women filed sexual harassment claims against them. Eric Dannenmaier left the deanship of Northern Illinois University College of Law in June of that year, while former Northern Kentucky University Chase College of Law Dean Jeffrey Standen resigned that post in December. 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8,654 | William Latta | Michigan State University | [
"8654_101.pdf",
"8654_102.pdf"
] | {"8654_101.pdf": "From Casetext: Smarter Legal Research State v. Latta Court of Appeals of Wisconsin, District Feb 15, 2024 No. 2022AP2188 (Wis. Ct. App. Feb. 15, 2024) Copy Citation Download Check Treatment Take care of legal research in a matter of minutes with CoCounsel, your new legal assistant. Try CoCounsel free 2022AP2188 02-15-2024 WISCONSIN, PLAINTIFF-RESPONDENT, v CURIAM. This opinion will not be published. See 809.23(1)(b)5. Appeal from a judgment and an order of the circuit court for Green County: Cir. Ct. No. 2020CF208 Faun Marie Phillipson, Judge. Affirmed. Sign In Search all cases and statutes... Opinion Case details 2/17/25, 12:07 State v. Latta, No. 2022AP2188 | Casetext Search + Citator 1/25 Before Blanchard, Graham, and Taylor, JJ. Per curiam opinions may not be cited in any court of this state as precedent or authority, except for the limited purposes specified in 809.23(3 CURIAM. *2 2 \u00b61 William Scott Latta appeals a judgment of conviction and an order denying his postconviction motion. In that motion, Latta argued that the circuit court erred in failing to hold a presentence \"evidentiary hearing\" on alleged inaccuracies in the Pre-Sentence Investigation report (PSI) prepared by the state Department of Corrections. In the alternative, Latta argued that his trial counsel was constitutionally ineffective in failing to request a presentence evidentiary hearing to resolve the alleged inaccuracies in the and in failing to object at sentencing to the court's alleged reliance on these inaccuracies. As remedies, Latta requested a postconviction evidentiary hearing that he argued would lead to resentencing. \u00b62 On appeal, Latta argues that the circuit court erred in failing to hold a postconviction evidentiary hearing regarding the alleged errors in the or, in the alternative, a Machner hearing on his ineffective assistance of trial counsel claim. We conclude that, because material portions of the record conclusively demonstrate that he is not entitled to relief, he was not entitled to a postconviction hearing under either claim. Accordingly, we affirm. [1] [1 Machner hearing is \u2018[t]he evidentiary hearing to evaluate counsel's effectiveness, which includes counsel's testimony to explain his or her handling of the case.'\u201d State v. Domke, 2011 95, \u00b620 n.5, 337 Wis.2d 268, 805 N.W.2d 364 (citation omitted); see also State v. Machner, 92 Wis.2d 797, 285 N.W.2d 905 (Ct. App. 1979 \u00b63 In 2020, Latta was charged with multiple counts of sexually assaulting A.F.B., his step-granddaughter who was then twelve years old, over approximately eighteen months. Latta's charges included three counts of first-degree sexual assault for sexual contact with a child under age thirteen; attempted *3 first-degree sexual assault for sexual contact with a child under 3 2/17/25, 12:07 State v. Latta, No. 2022AP2188 | Casetext Search + Citator 2/25 age thirteen; two counts of exposing a child to harmful material; and victim intimidation for dissuading her from reporting the crimes. Latta was also charged with two counts of repeated acts of physical abuse, causing bodily harm to A.F.B. and her then seventeen-year-old sister R.G.B. In a separate criminal case, Latta was charged with two counts of felony bail jumping after he allegedly contacted two minor juveniles in violation of his bond condition that prohibited him from having intentional contact with minors. [2] [2] Pursuant to 809.86(4) (2021-22), and consistent with the parties' briefing to this court, we refer to the victims by the initials used in the criminal complaint. All references to the Wisconsin Statutes are to the 2021-22 version unless otherwise noted. \u00b64 A.F.B.'s allegations included multiple accounts of Latta grabbing her breasts, vagina, and butt over her clothes; forcing her to lie on top of him while he touched her breasts under her clothes; hugging her inappropriately; giving her two vibrators; asking her to take nude pictures of herself and send them to him; exposing her to pornography; physically abusing her, and instructing her to remain silent about his conduct. R.G.B. reported that, among other things, Latta physically abused her. \u00b65 In December 2021, Latta pled no contest to, and was found guilty of, one count of first-degree sexual assault for sexual contact with a child under the age of 13. In exchange for his plea, the prosecution agreed to dismiss and read in the eight remaining charges and the two felony bail jumping charges in Latta's other criminal case. At the plea hearing, the parties summarized a joint sentencing recommendation, which included that the circuit court withhold sentence and *4 place Latta on ten years of probation with one year of conditional jail time. The court explicitly told Latta during the plea hearing-and Latta acknowledged in a signed plea questionnaire-that the court was not required to accept the parties' joint sentencing recommendation and could impose the maximum penalty of up to sixty years of imprisonment. 4 \u00b66 The parties recommended, and the circuit court ordered, a PSI, which was prepared by a Department of Corrections agent (\"the agent\") and submitted to the court one month before the sentencing hearing. In a 2/17/25, 12:07 State v. Latta, No. 2022AP2188 | Casetext Search + Citator 3/25 section with the heading \"Defendant's Version,\" the states, in relevant part: The defendant claims he did not commit this offense. He states that he only plead no contest because nobody would believe him due to the victim's age. Additionally, he does state in communication with his step-grandson's ex-girlfriend, that the victims are lying and making the allegations up.... The defendant completely denies that anything criminal occurred and maintains the idea that he did nothing wrong. In another section with the heading \"Agent Impressions,\" the states that Latta \"refuses to take responsibility for his actions and continually claims the victims are lying. In addition to taking no responsibility for his actions, the defendant also shows no remorse whatsoever.\" The recommended that, to protect the victims and the community, Latta be imprisoned for twenty years, with sixteen years of initial confinement and four years of extended supervision. \u00b67 Two weeks before Latta's scheduled sentencing hearing, Latta moved the circuit court for an adjournment on the grounds that the \"contains a number of factual inaccuracies that [Latta] wishes to address before the sentencing hearing.\" Although Latta had spoken with his counsel, he had not yet had a chance to meet with counsel in person. Latta did not identify a specific factual *5 inaccuracy in the PSI. The prosecution objected to Latta's adjournment motion because it failed to detail what corrections were needed and why they could not be timely addressed before or at the sentencing hearing. The court denied the motion and instead ordered Latta to file a written description of the requested corrections or clarifications to the PSI. The court stated that it would address any disputes at the sentencing hearing. 5 \u00b68 Latta subsequently filed a 43-page submission, including a letter that was essentially a sentencing memorandum and a psychosexual forensic assessment of Latta performed by defense expert Dr. Sharon Kelley, a clinical psychologist. In this memorandum, Latta primarily focused on supporting the parties' joint sentencing recommendation and discrediting [3] 2/17/25, 12:07 State v. Latta, No. 2022AP2188 | Casetext Search + Citator 4/25 the sentencing recommendation in the PSI. He only briefly addressed alleged factual inaccuracies in the PSI, including statements in the under the \"Agent Impressions\" section that he \"refuses to take responsibility for his actions\" and \"shows no remorse.\" According to Latta's submission, these impressions were \"based on information contained earlier-on in the [I] which misstates [Latta's] actual statements-none of which are attributed to him by the use of quotes.\" However, Latta identified only one statement in the as being erroneously attributed to him, namely, the statement that Latta \"does state in communication with his step-grandson's ex-girlfriend that the victims are lying and making this up.\" Latta alleged that this was a statement made by a third party and incorrectly attributed to him. *6 6 [3] Although a sentencing memorandum is similar in content to a court-ordered PSI, it is ordinarily prepared by a person retained by the defendant who advocates for the defendant's sentencing position. State v. Greve, 2004 69, \u00b612, 272 Wis.2d 444, 681 N.W.2d 479. \u00b69 The agent appeared virtually at the February 2022 sentencing hearing. The parties questioned the agent about statements she attributed to Latta in the PSI. The agent said that she had two phone conversations with Latta and that Latta had provided written answers to a questionnaire. The agent acknowledged that Latta chose not to fill out the \"Defendant's Version\" section on the questionnaire. During one of their phone conversations, the agent said that Latta declined to provide his \"entire version\" of his criminal conduct. As a result, she completed this section of the by \"paraphrasing]\" the \"snip-its\" of information that Latta relayed to her during one of these phone conversations, including his statements that he denied any criminal conduct and that he pled no contest only because he thought nobody would believe he was innocent due to the victim's age. The agent said that she had also interviewed Latta's wife while preparing the PSI. The agent acknowledged that she recorded the contents of her conversations with Latta and with his wife by writing notes on undated \"Post-it Notes,\" but said that she did not mix up these conversations and misattribute statements made by Latta's wife to Latta. 2/17/25, 12:07 State v. Latta, No. 2022AP2188 | Casetext Search + Citator 5/25 \u00b610 The only evidence or discussion regarding alleged inaccuracies in the during the sentencing hearing consisted of the agent's statements, just summarized. Latta did not attempt to rebut these statements through other witnesses or evidence, nor did he request that the circuit court strike or not consider any portion of the PSI. \u00b611 Following the parties' questioning of the agent, A.F.B. addressed the circuit court. She said that she and her sister \"grew up thinking [that] everything he has done was just normal,\" and that as children they were seeking \"a father figure\" and \"he took advantage of that.\" A.F.B. said that Latta's conduct scared *7 her and turned her life \"upside down.\" She concluded her remarks by saying \"[i]n my opinion this man is just a danger to your kids.\" 7 \u00b612 In his allocution, Latta said that he accepted responsibility for his actions and admitted that he committed the conduct described in the criminal complaint. He said that his conduct would make \"any teenage girl uncomfortable,\" that he did not respect \"boundaries,\" and that he hurt the victims with his actions. He apologized to his family and said that he was \"ready to start counseling.\" \u00b613 The circuit court did not adopt the entirety of the parties' joint sentencing recommendation nor the sentencing recommendation in the PSI. Instead, the court imposed fourteen years of imprisonment, consisting of four years of initial confinement and ten years of extended supervision. In imposing this sentence, the court primarily relied upon the gravity of the offense and the need to protect the public. The court's sentencing decision is described in more detail later in this opinion. \u00b614 After sentencing, Latta filed a postconviction motion requesting an evidentiary hearing and resentencing. First, Latta contended that the circuit court erred by failing to hold what he described as a \"required\" presentence evidentiary hearing concerning the accuracy of certain statements in the and by failing to make express findings about these statements prior to issuing its sentence. In an affidavit attached to his postconviction motion, Latta averred that he had not made some of the statements to the agent that she attributed to him in the PSI, as discussed in more detail below. Latta 2/17/25, 12:07 State v. Latta, No. 2022AP2188 | Casetext Search + Citator 6/25 asked the court to correct the error \"by holding the required hearing [postconviction],\" and then by resentencing him based on accurate information. *8 8 \u00b615 In the alternative, Latta argued that he is entitled to resentencing because his trial counsel was ineffective for failing to request a presentence evidentiary hearing on the alleged inaccuracies in the PSI, not moving to strike or requesting other remedies regarding the alleged inaccuracies, and not objecting to the circuit court's \"reliance\" on the inaccuracies at sentencing. Latta requested a Machner hearing on these claims. \u00b616 In a written order, the circuit court denied Latta's postconviction motion without holding a hearing. The court stated that Latta's sentence was based on the required sentencing factors under State v. Gallion, 2004 42, 270 Wis.2d 535, 678 N.W.2d 197, especially the seriousness of the offense and the need to protect the public. The court acknowledged that its sentencing decision referenced the statement in the that Latta refused to take responsibility for his actions, but the court explained that it balanced this information with Latta's sentencing statement that he accepted responsibility for his criminal conduct. The court further stated that, in any case, Latta's acceptance or non-acceptance of responsibility was not a deciding nor critical factor at sentencing. \u00b617 The circuit court also rejected Latta's ineffective assistance of trial counsel claim, reasoning that counsel had performed effectively in most aspects of his representation. The court continued that, even if Latta's trial counsel was deficient in failing to seek an evidentiary hearing regarding the alleged inaccuracies in the PSI, that deficiency did not prejudice Latta because the court \"ultimately sentenced Mr. Latta in accordance with what the Court believes to be appropriate.\" Latta appeals. *9 9 \u00b618 On appeal, Latta repeatedly asserts that he is not asking this court to determine that he is entitled to resentencing and that he is appealing only the circuit court's denial of his postconviction motion without holding an evidentiary hearing. Latta argues that he is entitled to a postconviction evidentiary hearing on the alleged inaccuracies in the because he has a [4] 2/17/25, 12:07 State v. Latta, No. 2022AP2188 | Casetext Search + Citator 7/25 due process right to be sentenced on accurate information. In the alternative, Latta argues that the circuit court erred in denying his postconviction ineffective assistance of trial counsel claim without holding a Machner hearing because trial counsel should have demanded that the court hold a presentence evidentiary hearing on the disputed statements in the or requested other relief regarding these inaccuracies before sentencing. We address both arguments in turn. [4] Because Latta's sole request on appeal is for this court to order a postconviction hearing, we will not consider Latta's resentencing request raised in his postconviction motion. I. Standard of Review. \u00b619 circuit court must hold a hearing on a postconviction motion, including a Machner hearing, if the defendant's motion establishes sufficient material and non-conclusory facts, that, if true, would entitle the defendant to relief, and the record does not conclusively establish otherwise. State v. Jackson, 2023 3, \u00b68, 405 Wis.2d 458, 983 N.W.2d 608. \"Conversely, '[i]f the motion does not raise facts sufficient to entitle the defendant to relief, or if it presents only conclusory allegations, or if the record conclusively demonstrates that the defendant is not entitled to relief, the circuit court has the discretion to grant or deny a hearing.'\" Id. (citation omitted). *10 10 \u00b620 If the record conclusively demonstrates that the defendant is not entitled to relief, it is within the circuit court's discretion to conduct an evidentiary hearing on a postconviction motion. State v. Ruffin, 2022 34, \u00b628, 401 Wis.2d 619, 974 N.W.2d 432. Whether the record conclusively demonstrates that the defendant is entitled to no relief is an issue of law we review independently. Id., \u00b627. II. The Circuit Court Did Not Err in Denying Latta's Motion on the Accuracy of the Without a Postconviction Evidentiary Hearing. \u00b621 On appeal, Latta argues that the circuit court erroneously denied his postconviction motion without an evidentiary hearing regarding certain statements attributed to him in the and the agent's assertions that he refused to take responsibility for his conduct. Specifically, Latta's 2/17/25, 12:07 State v. Latta, No. 2022AP2188 | Casetext Search + Citator 8/25 postconviction motion alleged that the following portions of the \"Defendant's Version\" section of the are false: \"[Latta] claims that he did not commit this offense\"; \"[Latta] states that he only plead no contest because nobody would believe him due to the victim's age\"; \"[Latta] completely denies that anything criminal occurred and maintains the idea that he did nothing wrong\"; and \"[Latta] does state in communication with his step grandson's ex-girlfriend, that the victims are lying and making the allegations up.\" The motion does not argue that Latta never made such statements, but instead argues that he did not make these statements to the agent or to any third parties following his plea. \u00b622 As best as we can tell from Latta's briefing on appeal, he contends that, because the circuit court allegedly failed in its duty to rule on whether the was accurate and to assess the agent's credibility, he is entitled to a postconviction evidentiary hearing on the alleged inaccuracies in the PSI. We disagree. As discussed in more detail below, we conclude that the material parts of the record *11 conclusively show that Latta is not entitled to relief. Therefore, it was not error for the court to deny Latta's postconviction motion without holding a hearing regarding the alleged inaccuracies. 11 A. Latta Is Not Entitled to a Postconviction Evidentiary Hearing Under Melton. \u00b623 After a felony conviction but before sentencing, a circuit court has the discretion to order that the Department of Corrections prepare a addressing aspects of the case relevant to sentencing. See State v. Melton, 2013 65, \u00b626, 349 Wis.2d 48, 834 N.W.2d 345 (citing WIS. STAT. \u00a7 972.15(1)). \"The primary purpose of a is 'to provide the sentencing court with accurate and relevant information upon which to base its sentencing decision.'\" Id. (citation omitted). To protect the integrity of the sentencing process and to ensure that the sentencing court bases its decision on reliable information, the court is required to \"disclose the contents of the [PSI] to the defendant's attorney and to the district attorney prior to sentencing.\" Sec. 972.15(2). Because a defendant has a constitutional due process right to be sentenced on accurate information, the defendant has the \"right to challenge any statement in the he or she believes is [5] 2/17/25, 12:07 State v. Latta, No. 2022AP2188 | Casetext Search + Citator 9/25 inaccurate or incomplete\" and the defendant must be given the opportunity to refute allegedly inaccurate information. State v. Greve, 2004 69, \u00b611, 272 Wis.2d 444, 681 N.W.2d 479; State v. Perez, 170 Wis.2d 130, 141, 487 N.W.2d 630 (Ct. App. 1992). [5] If a defendant is not represented, the shall be disclosed to the defendant. See WIS. Stat. \u00a7972.15(2). \u00b624 Latta's postconviction motion asserted that the alleged inaccuracies in the identified in his sentencing memorandum \"made it clear\" that he was *12 challenging the accuracy of the statements attributed to him in the and the agent's conclusion that he refused to take responsibility for his criminal conduct. The motion contended that Latta's sentencing memorandum \"triggered a duty of the Court to 'rule [whether] the information [was] accurate' and to assess [the agent's] credibility.\" Because the circuit court failed to perform this alleged required function, Latta argued, he is entitled to such a hearing postconviction. In support of his position, Latta relied on a portion of our supreme court's decision in Melton, which states: \"In the event the defendant wishes to contest any of the factual matters set forth in a PSI, the defendant is entitled to an evidentiary hearing where evidence regarding the issue in controversy may be presented by the State or the defendant.\" Melton, 349 Wis.2d 48, \u00b665 (citation omitted). 12 [6] [6] At one point in Latta's appellate briefing, he states that because the was among the criteria upon which [the court] relied in deciding Mr. Latta's sentence, it was required to hold a hearing to determine the accuracy of the PSI.\u201d Latta appears to argue that, whenever a defendant alleges that there is any error in a PSI, this automatically precludes the circuit court from relying on the other portions of the PSI. Because Latta does not support this argument with any legal authority, we need not consider it further. State v. Pettit, 171 Wis.2d 627, 646, 492 N.W.2d 633 (Ct. App. 1992). \u00b625 Contrary to Latta's argument, Melton does not control our analysis of whether a postconviction motion necessitated an evidentiary hearing. In Melton, after concluding that a circuit court does not have authority to destroy an inaccurate PSI, our supreme court set forth presentence procedures \"that ought to be employed when a party disputes a PSI.\" Id., 2/17/25, 12:07 State v. Latta, No. 2022AP2188 | Casetext Search + Citator 10/25 \u00b6\u00b625, 64. Specifically, \"the defendant should file a motion with the court (1) identifying specific problems with the PSI, and (2) requesting specific remedies to deal with those problems.\" Id., \u00b666. \"The remedies requested in the motion should be tailored to the problems alleged\" and could include striking, redacting, or otherwise not *13 considering the contested portions at sentencing. Id., \u00b6\u00b669, 71. Not only does Latta concede that he did not follow the presentence procedures recommended in Melton to secure a hearing on alleged inaccuracies in the PSI, but Latta's application of Melton to the postconviction setting also conflicts with the well-established standards that appellate courts apply, as set forth above, when determining whether an evidentiary hearing is required for a postconviction motion. Thus, we conclude that Melton did not entitle Latta to an evidentiary hearing on his postconviction motion. 13 B. Latta Is Not Entitled to a Postconviction Evidentiary Hearing Under Allen. \u00b626 Under the framework for determining whether an evidentiary hearing is required for a postconviction motion, as set forth above, \"if the [postconviction] motion does not raise facts sufficient to entitle the movant to relief, or presents only conclusory allegations, or if the record conclusively demonstrates that the defendant is not entitled to relief, the circuit court has the discretion to grant or deny a hearing.\" State v. Allen, 2004 106, \u00b69, 274 Wis.2d 568, 682 N.W.2d 433 (citations omitted). \u00b627 Because the material portions of the record conclusively demonstrate that Latta forfeited his argument that he is entitled to an evidentiary hearing on the alleged inaccuracies in the PSI, we reject Latta's claim. *14 [7] 14 [7] Latta's postconviction motion characterizes trial counsel's failure to fully resolve the alleged inaccuracies by seeking a \u201cproper hearing\u201d as a possible \u201cwaiver.\u201d This claim, however, is properly characterized as a \u201cforfeiture.\u201d \u201cWhereas forfeiture is the failure to make the timely assertion of a right, waiver is the intentional relinquishment or abandonment of a known right.\u201d State v. Ndina, 2009 21, \u00b629, 315 Wis.2d 653, 761 N.W.2d 612 (citation omitted). \u201c[S]ome rights are forfeited when they are not claimed at trial; a mere failure to object constitutes a forfeiture of the right on appellate review.\u201d Id., \u00b630. Hence, the issue here is not whether Latta 2/17/25, 12:07 State v. Latta, No. 2022AP2188 | Casetext Search + Citator 11/25 \u201cwaived\u201d his right to request an evidentiary hearing or to otherwise rebut the alleged inaccuracies in the PSI, but whether Latta forfeited such a right. 1. Principles of Forfeiture. \u00b628 \"The [forfeiture] rule is not merely a technicality or a rule of convenience; it is an essential principle of the orderly administration of justice.\" State v. Huebner, 2000 59, \u00b611, 235 Wis.2d 486, 611 N.W.2d 727. This rule serves two main objectives. State v. Counihan, 2020 12, \u00b6\u00b626, 27, 390 Wis.2d 172, 938 N.W.2d 530. First, the forfeiture rule serves the efficient administration of justice by enabling the circuit court \"to avoid or correct any error as it comes up, with minimal disruption of the judicial process and maximum efficiency,\" potentially eliminating the need for appeal. Id., \u00b626. Second, the rule facilitates a fair process because a timely and contemporaneous objection \"gives the parties and the circuit court notice of an issue and a fair opportunity to address the objection.\" Id., \u00b627. The rule ensures that these dual objectives are met by \"encouraging] attorneys to diligently prepare for and conduct trials\" and \"preventing] attorneys from 'sandbagging' opposing counsel by failing to object to an error for strategic reasons and later claiming that the error is grounds for reversal.\" Id. (citing State v. Ndina, 2009 21, \u00b630, 315 Wis.2d 653, 761 N.W.2d 612). Whether a party forfeited an argument is an issue of law that we review de novo. State v. Mercado, 2021 2, \u00b632, 395 Wis.2d 296, 953 N.W.2d 337. \u00b629 Because the forfeiture rule is designed to foster the fair, efficient, and orderly administration of justice, it should be applied only when its application would further these purposes. See Counihan, 390 Wis.2d 172, \u00b632. *15 Hence, there are circumstances in which a reviewing court may determine that it is \"appropriate\" to address the merits of an unpreserved issue. Id., \u00b627. For example, in Counihan, the Supreme Court declined to apply forfeiture when a circuit court raised previously unknown information for the first time at sentencing and trial counsel failed to object. Id., \u00b631. The Supreme Court reasoned that applying forfeiture in that scenario, when the defendant had not had a chance to investigate or rebut the information, would hinder judicial economy by causing defendants to seek adjournments in order to investigate new information when raised by the circuit court at sentencing. Id., \u00b632. The Supreme Court acknowledged that while it would 15 [8] 2/17/25, 12:07 State v. Latta, No. 2022AP2188 | Casetext Search + Citator 12/25 be \"best practice\" for defense counsel to raise such issues at the sentencing hearing, \"it does not behoove the interests protected by the forfeiture rule to require such an objection.\" Id., \u00b633. By contrast, in State v. Coffee, 2020 1, \u00b632, 389 Wis.2d 627, 937 N.W.2d 579 (lead op.), a plurality of justices stated that the forfeiture rule ordinarily applies to situations where the accuracy of a is at issue. The plurality reasoned that when it comes to contesting a PSI, \"defense counsel receives a copy and has the opportunity to review the with the defendant before the sentencing hearing. And defense counsel can make a fully-informed and carefully-prepared objection to the contents of a at sentencing.\" Id. [8 court may also disregard a forfeiture when a fundamental right is at stake, such as the right to the assistance of counsel, the right to refrain from self- incrimination, and the right to trial by jury. Ndina, 315 Wis.2d 653, \u00b631. These rights are \u201cso important to a fair trial that courts have stated that the right is not lost unless the defendant knowingly relinquishes the right.\u201d Id. \u00b630 Thus, in factual situations in which a defendant does not have access to certain information or the ability to investigate that information prior to sentencing, the defendant may properly challenge that error by raising it in a *16 postconviction motion. See Counihan, 390 Wis.2d 172, \u00b636 (\"Filing a postconviction motion is a timely means of raising an alleged error by the circuit court during sentencing.\" (citation omitted)); see also Coffee, 389 Wis.2d 627, \u00b631 (lead op.) (\"[W]e conclude that the forfeiture rule does not apply to previously unknown, inaccurate information first raised by the prosecution at sentencing. Rather, while an objection may be the best practice, a postconviction motion is also a timely manner in which to assert that claim.\"). By contrast, when the defendant seeks to challenge information contained in the to which the defendant had access and the ability to rebut in advance of sentencing, the defendant will ordinarily be precluded from raising that error in a postconviction motion. See Counihan, 390 Wis.2d 172, \u00b632; State v. Mosley, 201 Wis.2d 36, 46, 547 N.W.2d 806 (Ct. App. 1996) (\"Where the facts stated in a presentence report are not challenged or disputed by the defendant at the time of sentencing, the sentencing judge may appropriately consider them.\"). 16 \u00b631 We now apply these principles to Latta's postconviction motion. 2/17/25, 12:07 State v. Latta, No. 2022AP2188 | Casetext Search + Citator 13/25 2. Latta Forfeited His Right to Seek an Evidentiary Hearing. \u00b632 The material portions of the record conclusively demonstrate that Latta is not entitled to relief because he failed to preserve the issue of the accuracy of the for appellate review. See State v. Pinno, 2014 74, \u00b666, 356 Wis.2d 106, 850 N.W.2d 207 (when the defendant failed to object to the circuit court closing the court room to the public during voir dire, the circuit court properly denied his postconviction motion without holding an evidentiary hearing on that issue). \u00b633 As Latta conceded in his postconviction motion, and as the record conclusively demonstrates, he did not ensure that the accuracy of the was *17 \"fully resolved by a proper hearing\" and never requested or moved for an evidentiary hearing prior to or during sentencing. Latta additionally conceded that he did not request any remedies from the circuit court regarding the alleged inaccuracies in the PSI, such as by moving to strike any of the disputed portions. Latta also conceded that he did not object when the court allegedly relied on the inaccuracies at sentencing. As summarized above, ten days prior to the sentencing hearing, Latta was explicitly ordered by the circuit court \"to submit in writing any and all corrections or clarifications\" to the PSI. The court specified that \"[i]f the parties are in disagreement as to any such corrections or clarifications, those corrections or clarifications will be addressed at the sentencing hearing.\" See Melton, 349 Wis.2d 48, \u00b676 (stating that the court may address disputes at the sentencing hearing). Consequently, Latta was on notice to prepare to rebut all alleged inaccuracies in the at the sentencing hearing. The record indicates that Latta never objected to the court's decision to address whatever concerns he had about the accuracy of the at the sentencing hearing nor, prior to his reply brief to this court on appeal, did he contend that he was deprived of an adequate opportunity to rebut the alleged inaccuracies. 17 \u00b634 Though Latta asserted in his postconviction motion that the circuit court \"failed to make findings on the controverted issues of [the agent's] credibility and her at the initial sentencing [hearing],\" the record conclusively establishes that at the sentencing hearing, Latta never challenged the agent's credibility or the PSI. Latta had an opportunity at the 2/17/25, 12:07 State v. Latta, No. 2022AP2188 | Casetext Search + Citator 14/25 hearing to thoroughly question the agent, who reaffirmed the statements she attributed to Latta in the PSI, but he did not attempt to present other witnesses or any evidence supporting an argument that the was inaccurate. In their sentencing remarks, neither Latta nor trial counsel ever mentioned alleged errors in the PSI. *18 18 \u00b635 Additionally, Latta's failure to preserve any challenges to the is not factually analogous to Counihan, in which the Supreme Court concluded that it was \"appropriate\" to disregard the forfeiture rule. As explained above, both Counihan and Coffee recognize that applying the forfeiture rule does not promote the principles of fairness and judicial efficiency when previously unknown information is first raised at the sentencing hearing and the defendant has not had a chance to investigate or rebut the information. Counihan, 390 Wis.2d 172, \u00b632; Coffee, 389 Wis.2d 627, \u00b6\u00b631-32. Latta's situation is akin to that of defendants who had access to the and the ability to investigate and object to the accuracy of the information prior to sentencing. See Counihan, 390 Wis.2d 172, \u00b6\u00b634 n.9, 35; Mosley, 201 Wis.2d at 46. Though Latta was aware of the alleged errors in the PSI, besides questioning the agent, he took no steps to challenge or object to the contested portions. \u00b636 For the foregoing reasons, we conclude that a review of the material portions of the record indicate that Latta failed to preserve any factual objections to the for appeal and that applying the forfeiture rule serves the fair and efficient administration of the judicial system. See Pinno, 356 Wis.2d 106, \u00b666. Therefore, the circuit court did not err in denying Latta's postconviction motion regarding alleged inaccuracies in the without an evidentiary hearing. See id., Ruffin, 401 Wis.2d 619, \u00b628. III. The Circuit Court Did Not Err in Denying Latta's Ineffective Assistance of Counsel Motion Without a Machner Hearing. \u00b637 Having determined that Latta fails to demonstrate that the circuit court erred in not holding a postconviction hearing regarding the accuracy of the PSI, we now address his alternative argument that his trial counsel provided ineffective assistance of counsel. See State v. Erickson, 227 Wis.2d 758, 766, *19 596 N.W.2d 749 (1999) (\"[T]he normal procedure in criminal cases is to 19 2/17/25, 12:07 State v. Latta, No. 2022AP2188 | Casetext Search + Citator 15/25 address [a forfeited issue] within the rubric of the ineffective assistance of counsel.\"). Latta argues that his trial counsel was ineffective by failing to request an evidentiary hearing or otherwise rebut the alleged inaccuracies in the PSI, failing to request that the court refrain from considering these inaccuracies at sentencing, and failing to object to the court's alleged reliance on these inaccuracies at sentencing. For the following reasons, we conclude that the court properly denied Latta's ineffective assistance of counsel claim without holding a Machner hearing. A. Governing Principles of Machner Hearings. \u00b638 We review whether a defendant is entitled to a Machner hearing using the same test as that used for other requests for postconviction evidentiary hearings, as set forth above. See Ruffin, 401 Wis.2d 619, \u00b6\u00b635-38. In evaluating an ineffective assistance of counsel claim, we apply the well-established, two-prong Strickland test: \"[A] defendant must demonstrate both that (1) counsel's representation was deficient, and (2) the deficiency was prejudicial.\" Ruffin, 401 Wis.2d 619, \u00b629; Strickland v. Washington, 466 U.S. 668, 687 (1984); State v. Carter, 2010 40, \u00b622, 324 Wis.2d 640, 782 N.W.2d 695; State v. Sholar, 2018 53, \u00b632, 381 Wis.2d 560, 912 N.W.2d 89. \"Both prongs of the inquiry need not be addressed if the defendant makes an insufficient showing on one.\" Ruffin, 401 Wis.2d 619, \u00b629. \u00b639 In order to show deficient performance, a defendant must allege \"that counsel made errors so serious that counsel was not functioning as the 'counsel' guaranteed the defendant by the Sixth Amendment\" and must establish that counsel's representation fell below an objective standard of reasonableness *20 considering all the circumstances. Strickland, 466 U.S. at 687; Carter, 324 Wis.2d 640, \u00b622. 20 \u00b640 Even if trial counsel performed effectively in most regards, trial counsel's performance may still be ineffective based on a single, prejudicial error. United States v. Cronic, 466 U.S. 648, 657 n.20 (1984) (\"[T]he type of breakdown in the adversarial process that implicates the Sixth Amendment is not limited to counsel's performance as a whole-specific errors and omissions may be the focus of a claim of ineffective assistance as well.\" (citing Strickland, 466 U.S. at 693-96)). Hence, even an attorney who 2/17/25, 12:07 State v. Latta, No. 2022AP2188 | Casetext Search + Citator 16/25 performs effectively in most aspects of representation can commit a single error that may result in prejudicing a defendant. \u00b641 To prove prejudice, a defendant must establish that \"there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.\" State v. Balliette, 2011 79, \u00b624, 336 Wis.2d 358, 805 N.W.2d 334 (citation omitted). \"It is not sufficient for the defendant to show that ... counsel's errors 'had some conceivable effect on the outcome of the proceeding.'\" Carter, 324 Wis.2d 640, \u00b637 (citation omitted). Rather, \"[a] 'reasonable probability' in this context means 'a probability sufficient to undermine confidence in the outcome.'\" Jackson, 405 Wis.2d 458, \u00b610 (citation omitted). \"The focus of the inquiry is not on the outcome of the trial, but on 'the reliability of the proceedings.'\" State v. Love, 2005 116, \u00b630, 284 Wis.2d 111, 700 N.W.2d 62 (citation omitted). \u00b642 Ineffective assistance claims present mixed issues of fact and law. Balliette, 336 Wis.2d 358, \u00b619. We will uphold the circuit court's factual *21 findings \"unless shown to be clearly erroneous,\" but \"[t]he ultimate conclusion as to whether there was ineffective assistance of counsel is a question of law.\" Id. 21 \u00b643 Like most other postconviction motions, a circuit court may deny a postconviction motion for a Machner hearing if sufficient material and non- conclusory facts, assuming them to be true, do not entitle a movant to relief or if the record conclusively demonstrates that the movant is not entitled to relief. Allen, 274 Wis.2d 568, \u00b612. Concerning the latter situation, we must determine whether the record conclusively demonstrates either that trial counsel's performance was not deficient or that Latta was not prejudiced. See id. Because we conclude that the material portions of the record conclusively demonstrate that any deficiency of trial counsel did not prejudice Latta, the circuit court was not required to hold a Machner hearing. B. The Record Conclusively Demonstrates That Latta Is Not Entitled to Relief. 2/17/25, 12:07 State v. Latta, No. 2022AP2188 | Casetext Search + Citator 17/25 \u00b644 Latta's postconviction motion did not recognize and apply Strickland'?, prejudice prong of an ineffective assistance of counsel claim-i.e., that there was a \"reasonable probability\" that, but for trial counsel's deficiencies, Latta's sentence would be more favorable. See Balliette, 336 Wis.2d 358. Rather, Latta argued that the alleged inaccuracies in the \"infected\" and \"poisoned\" the circuit court's sentencing decision, improperly influencing the court to \"quadruple[]\" the one-year jail sentence jointly recommended by the parties. But this is not the legal standard we apply in evaluating whether Latta was prejudiced by counsel's alleged deficiencies. On appeal, Latta also fails to apply the Strickland prejudice standard in discussing his ineffective assistance of *22 counsel claim, rendering this claim undeveloped. See State v. Pettit, 171 Wis.2d 627, 647, 492 N.W.2d 633 (Ct. App. 1992) (stating that this court may decline to address undeveloped arguments). We could reject Latta's ineffective assistance of counsel claim on that basis, but we choose to proceed to the merits. 22 [9] [9] Latta's arguments at various points in his briefing conflate the prejudice standard we apply in an ineffective assistance of trial counsel claim, see State v. Ruffin, 2022 34, \u00b635, 401 Wis.2d 619, 974 N.W.2d 432, with the harmless error standard that we apply in a due process claim for resentencing because of a circuit court's use and reliance on inaccurate information, see State v. Tiepelman, 2006 66, \u00b6\u00b626, 31, 291 Wis.2d 179, 717 N.W.2d 1. The conflation of a due process claim with an ineffective assistance of counsel claim may have resulted from Latta's reliance on State v. Anderson, 222 Wis.2d 403, 588 N.W.2d 75 (Ct. App. 1998), which our supreme court has explained \u201ccame perilously close to conflating its analysis of the due process challenge with the claim of ineffective assistance of counsel.\u201d Tiepelman, 291 Wis.2d 179, \u00b623 (citing Anderson, 222 Wis.2d at 410). We address Latta's ineffective assistance of counsel argument, which is the specific claim he pursues on appeal. \u00b645 Even if Latta had properly analyzed the prejudice prong, we conclude that the material portions of the record conclusively establish that Latta was not prejudiced by counsel's alleged deficiencies. In other words, there was not a \"reasonable probability\" of a more favorable sentencing outcome had trial counsel attempted to rebut the alleged inaccuracies in the or objected to the circuit court's consideration of these alleged deficiencies. Latta is therefore not entitled to relief. In reaching this conclusion, we 2/17/25, 12:07 State v. Latta, No. 2022AP2188 | Casetext Search + Citator 18/25 assume without deciding that the record conclusively shows that trial counsel's performance was deficient in not attempting to rebut or object to the alleged inaccuracies. We consider six main *23 factors in determining that trial counsel's assumed deficiencies did not prejudice Latta. [10] 23 [10] Although it is not pertinent to our analysis, we note that in the circuit court's order denying Latta's postconviction motion, the court determined that Latta's counsel did not perform deficiently because he performed effectively in most aspects of his representation. As discussed above, however, a successful ineffective assistance of counsel claim may be limited to one or more specific errors by counsel, regardless of counsel's effective performance in most other areas. See United States v. Cronic, 466 U.S. 648, 657 n.20 (1984) (citing Strickland v. Washington, 466 U.S. 668, 693-96 (1984)). We need not decide whether Latta's counsel performed deficiently because, as explained in the text, the alleged deficiencies were not prejudicial. See State v. Earl, 2009 WI.App. 99, \u00b618 n.8, 320 Wis.2d 639, 770 N.W.2d 755 (\u201cOn appeal, we may affirm on different grounds than those relied on by the trial court.\u201d). \u00b646 First, the record conclusively shows that the circuit court's sentencing decision did not reference the alleged inaccurate statements in the attributed to Latta, but merely referenced the generally. Hence, we reject Latta's conclusory assertions that the alleged inaccurate statements attributed to him \"poisoned\" or \"infected\" the court's sentencing decision. \u00b647 Second, the record shows that the portions of the that the circuit court did reference at sentencing regarding Latta's continued denial of responsibility for his criminal conduct were the agent's subjective impressions as a result of her entire investigation, fittingly summarized in a section of the titled \"Agent Impressions.\" The agent explained at the sentencing hearing that she compiled the using multiple sources, including a questionnaire that Latta filled out, a phone call that she had with Latta, and interviews with Latta's family members. [11] [11] Latta identifies two statements of the circuit court at sentencing which specifically referenced the PSI: (1) \u201cThe Presentence Investigation prepared by the Department of Corrections indicates that [Latta] refuses to take responsibility for [his] actions and continually ha[s] claimed the victims to be lying\u201d; and (2) \u201cThe Presentence Investigation indicates that without 2/17/25, 12:07 State v. Latta, No. 2022AP2188 | Casetext Search + Citator 19/25 incarceration [Latta] [is] likely to continue to victimize [A.F.B.], her sister, as well as create more victims.\u201d These references by the court to the are a near verbatim recitation of the following statements in the \u201cAgent Impressions\u201d section of the PSI: (1) \u201cIt is abundantly clear that [Latta] refuses to take responsibility for his actions and continually claims the victims are lying\u201d; and (2) \u201cIf [Latta] is not incarcerated he will continue to victimize these minors and he is likely to create more victims.\u201d \u00b648 As this court has explained, \"[t]he purpose of the is to do more than simply compile the factual background regarding a specific defendant.\" State v. Howland, 2003 WI.App. 104, \u00b634, 264 Wis.2d 279, 663 N.W.2d 340. Rather, *24 the \"contains a variety of areas where the writer is able to make discretionary determinations.\" Id. \"[The agent impressions] portion of the involves the writer's subjective feelings regarding the defendant to be sentenced.\" Id. Hence, we are unclear as to how the agent's subjective impressions were capable of being proved or disproved, even had the circuit court held an evidentiary hearing on the alleged inaccuracies in the PSI. 24 \u00b649 Third, the record supports the agent's subjective impression that, after his plea, Latta continued to deny responsibility for his criminal conduct. The \"Defendant's Version\" section of the contains the following statement: \"The defendant mentioned that [A.F.B.] and [R.G.B.] would call him often and tell him they love him. He believes that is a clear sign they were not being abused.\" Although Latta's postconviction motion disputed some other statements attributed to him in this section of the PSI, Latta did not dispute the accuracy of this statement. Consequently, even if Latta were successful in proving at an evidentiary hearing that he never made the disputed statements to the agent, the agent's subjective opinion that Latta continued to deny responsibility for his criminal conduct even after his plea is supported by the record. Hence, any objection by trial counsel to the court's recognition of the agent's impression that Latta continued to deny responsibility for his criminal conduct would have been without a basis. \u00b650 Fourth, rather than being \"infected\" or \"poisoned\" by the allegedly inaccurate statements in the PSI, the circuit court's statements that Latta had previously denied his criminal conduct and blamed the victims are independently corroborated by the record. As previously referenced, Latta's own sentencing *25 materials submitted to the court referenced his prior 25 2/17/25, 12:07 State v. Latta, No. 2022AP2188 | Casetext Search + Citator 20/25 denials of his criminal conduct and his victim-blaming statements. At sentencing, the court specifically referenced Dr. Kelley's psychosexual report of Latta: \"The assessment prepared by Dr. Kelley indicates ... that you deny the current and previous sexual assault allegations. And that when asked about the allegations by [A.F.B.], you denied touching her in a sexual manner.\" The court also referenced this assessment as evidence that Latta had previously accused the victims of lying acknowledge and appreciate the work that went into Dr. Kelley's evaluation have read it have considered it. Frankly have concerns, Mr. Latta, about your amenability to treatment in light of your previous denials and apparent victim blaming.\" These references to Dr. Kelley's assessment demonstrate that, even if Latta's trial counsel succeeded in disproving the contested statements in the PSI, any objection to the court's statements would have failed because the record shows that the court had a factual basis for referencing Latta's previous denials of his criminal conduct and victim blaming. [12] [12] Latta's psychosexual evaluation prepared by Dr. Kelley, which he attached to his sentencing memorandum, stated in relevant part that \u201cMr. Latta denied the current and previous sexual assault allegations\u201d and that, \u201c[w]hen asked about the allegations by [A.F.B.], Mr. Latta denied ever touching her in a sexual manner.\u201d This assessment also referenced the victim-blaming nature of Latta's denials when it stated that Latta's alleged justification for buying a vibrator for A.F.B., who was approximately ten years old at the time, was purportedly to address alleged sexualized behavior with peers and to prevent her from getting pregnant. \u00b651 Fifth, we see nothing improper about the following sentencing statements by the circuit court which Latta argues were improperly influenced by the alleged inaccuracies in the am not impressed by [Latta's] lack of insight. And it is unclear to me how or whether [he has] made any attempt to analyze and address [his] actions in a meaningful or positive way.\" These *26 statements are supported by the record. For instance, Latta's own sentencing memorandum alludes to Latta's struggle to understand the scope of the effects that his abusive conduct had on his young relatives: \"While he may not have the sophistication to appreciate what is meant by grooming, he acknowledges that he failed to observe necessary and proper boundaries, such as when he purchased ... a vibrator 26 2/17/25, 12:07 State v. Latta, No. 2022AP2188 | Casetext Search + Citator 21/25 for or when he caused her to read sexual stories.\" Further, the record shows no \"rehabilitative\" actions by Latta prior to sentencing to address his admitted conduct of sexually abusing a child in his family. Hence, any objection to these sentencing statements would have failed. \u00b652 Sixth, Latta has not demonstrated that, even if he had been granted an evidentiary hearing or objected to the circuit court's various sentencing statements, these occurrences would have had any bearing on the circuit court's exercise of sentencing discretion such that he would have received a more favorable sentence. The court's primary focus in imposing its sentence was on the seriousness of the offense and the need to protect the victims and the public, which are well-established sentencing factors. See Gallion, 270 Wis.2d 535, \u00b644; WIS. STAT. \u00a7 973.017(2). Further, the court appropriately balanced Latta's positive and negative character traits in determining that Latta's rehabilitation was best accomplished in a confined setting. Latta sets forth no reason for us to conclude that his sentence would have been more favorable had he been granted a hearing on the alleged inaccuracies in the or objected to the court's sentencing statements with which he takes issue. *27 [13] 27 [13] The circuit court specifically said that \"[t]he seriousness of the offense and the protection of the public require a period of incarceration in a strict and structured environment.\" \u00b653 Finally, we reject Latta's argument that State v. Anderson, 222 Wis.2d 403, 588 N.W.2d 75 (Ct. App. 1998), requires us to conclude that trial counsel's failure to request an evidentiary hearing on the accuracy of the prejudiced Latta. In that case, Anderson pled no contest to two counts of first-degree sexual assault of a child, which involved sexual touching, and two counts of causing mental harm to a child. Id. at 404-05. At the sentencing hearing, Anderson's counsel alerted the circuit court that the defense had received the only one half-hour before the scheduled sentencing hearing, that the victims' statements were partially inaccurate, that information derived from police reports was determined to be untrue, and that some of the more serious, aggravated allegations of sexual abuse contained in the not at issue in the case had been investigated and found to be baseless. Id. at 405. Although the court offered to adjourn the 2/17/25, 12:07 State v. Latta, No. 2022AP2188 | Casetext Search + Citator 22/25 sentencing hearing so that the defense could have more time to prepare, Anderson consulted with counsel and decided to continue with sentencing. Id. at 406. The court imposed an 80-year sentence, reasoning that some of Anderson's conduct as detailed in the \"make this some of the most aggravated violations have ever heard about or read about.\" Id. at 406-07. \u00b654 Anderson filed a postconviction motion alleging that the circuit court relied on inaccurate information when sentencing him and that his counsel provided ineffective assistance by: failing to request a continuance so that he and Anderson could read the entire PSI; failing to investigate the inaccuracies in the PSI; and failing to submit evidence that other men had committed the severe abuse of the children detailed in the that were not at issue in the case. Id. at 407. \u00b655 On appeal, this court reversed and determined that Anderson's trial counsel performed deficiently by failing to request an evidentiary hearing to resolve the accuracy of the and that this deficiency was prejudicial because the *28 circuit court relied on the allegations of sexual abuse set forth in the that were later recanted. Mat 410. 28 \u00b656 In this appeal, Latta argues that there is \"no daylight\" between Anderson and his fact situation. We disagree. In Anderson, this court explained that the disputed allegations in the described \"far more serious and aggravating conduct\" than the conduct underlying the offense to which Anderson pled. Id. at 411. By contrast, here, the disputed portions of the merely involve statements Latta made to the author regarding whether he continued to deny his criminal conduct after entering his plea. These contested statements come nowhere near the severity of the undisputed incorrect information in the Anderson PSI. \u00b657 Additionally, we determined in Anderson that \"it is clear that some of the PSI's allegations which Anderson did challenge influenced the court's assessment of Anderson's character and the gravity of his offenses and its conclusion that a very lengthy sentence was necessary.\" Id. Here, as explained above, the record conclusively demonstrates that the circuit court appropriately weighed Latta's negative and positive character traits and relied on the gravity of Latta's offense and the need to protect the public in 2/17/25, 12:07 State v. Latta, No. 2022AP2188 | Casetext Search + Citator 23/25 determining his sentence. To repeat, the sentencing court did not reference the disputed statements the attributed to Latta but rather the agent's subjective impressions resulting from her entire investigation. Further, the agent's impression that Latta denied responsibility for his criminal conduct is supported when examining the entire record. Thus, Anderson does not support Latta's argument. \u00b658 For the reasons articulated above, we conclude that the record conclusively demonstrates that there was not a \"reasonable probability\" that *29 Latta's sentence would have been more favorable but for trial counsel's assumed deficiencies. Consequently, Latta was not prejudiced by trial counsel's conduct, and he was not entitled to a Machner hearing on his ineffective assistance of counsel claim. 29 \u00b659 For the foregoing reasons, the judgment and order of the circuit court are affirmed. By the Court.-Judgment and order affirmed. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support 2/17/25, 12:07 State v. Latta, No. 2022AP2188 | Casetext Search + Citator 24/25 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. 2/17/25, 12:07 State v. Latta, No. 2022AP2188 | Casetext Search + Citator 25/25", "8654_102.pdf": "v (2017) Court of Appeals of Georgia v. The STATE. A17A0562 Decided: June 13, 2017 Frances C. Kuo, Lawrenceville, for Appellant. Karen May Seeley West, Daniel J. Porter, Lawrenceville, for Appellee. After a jury trial, William A. Latta was convicted of child molestation for touching then-six-year-old M. A.'s vagina over her clothes. On appeal, he challenges the sufficiency of the evidence, but we find the evidence authorized the jury verdict. He argues that the trial court erred in admitting other acts evidence, but we find the trial court did not abuse his discretion in admitting the evidence. He argues that the trial court erred in admitting evidence from four witnesses regarding M. A.'s outcry to them, but we find the child hearsay statute \u00a7 24-8-820, authorized this evidence and Latta, who did not object to the evidence at trial, has not shown plain error. He argues that the trial court erred in charging the jury on impeachment by prior inconsistent statements, but we find the trial court gave the pattern jury instruction on this issue and Latta, who did not object to the charge at trial, has not shown plain error. He argues that his trial counsel was ineffective in failing to object to the outcry evidence, in failing to request a different jury charge on impeachment, and in failing to seek a mistrial or curative instruction in response to an allegedly improper comment by the state during closing argument, but we find he has not shown that his trial counsel was deficient in any of these respects. For these reasons, we affirm. 1. Sufficiency of the evidence. Latta challenges the sufficiency of the evidence to authorize his conviction. The \u201crelevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/17/25, 12:07 v (2017) | FindLaw 1/16 fact could have found the essential elements of the crime beyond a reasonable doubt.\u201d Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SCt 2781, 61 LE2d 560) (1979) (citation omitted; emphasis in original). In applying this standard, we do not resolve conflicts in the testimony, weigh the evidence, or draw inferences from the evidence, as those are functions of the jury. See id. \u201cAs long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the [s]tate's case, the jury's verdict will be upheld.\u201d Miller v. State, 273 Ga. 831, 832 (546 SE2d 524) (2001) (citation and punctuation omitted). Viewed in this light, the evidence showed that on July 26, 2013, Latta was performing repair work on the air conditioner at the house where M. A. lived. While M. A. watched Latta work, her mother stepped into another room. M. A. testified that Latta put her on his lap and touched her with his hand \u201cin [her] legs,\u201d and that the touch lasted about a minute. She testified that Latta was not showing her the air conditioner when this occurred. When M. A.'s mother returned to the room, she saw Latta sitting in a chair; M. A. was between his open legs, and his hands were between the girl's legs and pressed \u201cvery low on [her] private part.\u201d M. A.'s mother saw Latta pull M. A. toward him and squeeze her. M. A.'s mother immediately \u201cyanked [her] out of [Latta's] arms\u201d and began to yell at Latta in Spanish, which Latta did not understand. M. A.'s mother then called someone on the telephone, and that person told Latta that the mother was accusing him of fondling M. A. and that they were going to call the police. Latta left the house and sat in his parked vehicle for a period of time before leaving at his employer's instruction. M. A.'s mother asked the girl what had happened, and M. A. responded that Latta had \u201cmotioned for her to come with his hand\u201d and that he had touched her private part. M. A. then went to a nearby house and told a neighbor that the \u201cair conditioner man\u201d had touched her private area and hurt her. M. A. was crying and visibly upset. Alarmed, the neighbor called 911 police officer arrived and saw M. A. crying and holding her hands, crossed, directly over her vagina. He asked the girl if she was in pain, and M. A. responded that she was not in pain but that \u201ca grown man had touched her.\u201d The officer testified: [M. A.] told me\u2014she clearly stated that her\u2014she was in the kitchen with some of her young siblings, the repairman was sitting on a chair\u2014the air conditioning repairman was sitting on a chair in the kitchen. [M. A.'s] mom walked away. At that time the repairman, this is what she told me, he said, come here. She walked over to the repairman, he said sit in my lap, he picked her up with two hands from what she told me, and she sat in his lap with her back to his face. Then she said that the repairman put his hand on her leg above her knee. At that time, she said that he then took his hand over the top of her vagina. And she was wearing a loose skirt at the time. And she said that he didn't go underneath her underwear or her skirt, but he put his hand on top of her vagina. 2/17/25, 12:07 v (2017) | FindLaw 2/16 In a subsequent interview using an anatomical drawing, M. A. indicated to a police detective that Latta touched her vagina. The detective testified that M. A. told him \u201cher mom was in another room, the man told her, hey come here, which she did, he picked her up, put her on his lap, and then touched her on the vagina over the clothing one time.\u201d The jury watched a videorecording of this interview. In a pre-arrest interview with a police detective, Latta denied touching M. A. He conceded, however, that he might have brushed up against M. A., although he did not think that occurred. And he admitted that on a prior occasion he had been accused of improperly touching another person while on a repair job. The state presented other acts evidence about this prior incident, which showed that, while examining a refrigerator leak at a restaurant on a university campus, Latta touched the buttocks of a developmentally- delayed student worker without that person's consent. (This incident is discussed in greater detail in Division 2, infra.) The evidence authorized the jury to find Latta guilty of child molestation, which occurs when a person \u201c[d]oes any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person \u00a7 16-6-4 (a) (1). We are not persuaded by Latta's argument that the evidence was insufficient to show that he touched M. A. with the required intent to arouse or satisfy either his or the child's sexual desires. Although, as Latta argues, the law does not presume that a defendant acted with criminal intent, the law nevertheless permits a factfinder to infer the necessary intent from circumstantial evidence \u00a7 16- 2-6; Burke v. State, 316 Ga. App. 386, 390 (2) (729 SE2d 531) (2012). \u201c[I]ntent, which is a mental attitude, is commonly detectable only inferentially, and the law accommodates this.\u201d Id. (citation and punctuation omitted). Moreover, \u201c[t]he intent with which an act is done is peculiarly a question of fact for determination by the jury [.]\u201d Grimsley v. State, 233 Ga. App. 781, 784 (1) (505 SE2d 522) (1998) (citation and punctuation omitted). The evidence in this case authorized the jury to infer that Latta touched M. A.'s vagina over her clothing and that he intended to arouse his sexual desires or those of M. A. when he did so. There was evidence that Latta specifically called M. A. to him, sat her in his lap, placed his hand on her vagina over her clothes, and held his hand there for up to a minute. The jury reasonably could find from this evidence that Latta touched M. A.'s vagina deliberately, rather than accidentally, and infer that he did so with the intent to sexually arouse himself. See McMurtry v. State, 338 Ga. App. 622, 623-625 (1), (2) (791 SE2d 196) (2016); Ayers v. State, 286 Ga. App. 898, 900 (1) (a) (650 SE2d 370) (2007). 2. Other acts evidence. Latta challenges the trial court's admission of other acts evidence concerning the incident in which Latta touched the buttocks of the student worker. The trial court admitted the other acts evidence under two sections of our new Evidence Code \u00a7 24-4-404 (b), which provides that \u201c[e]vidence of other crimes, wrongs, or acts\u201d may be admissible for purposes other than \u201cto prove the character of a person 2/17/25, 12:07 v (2017) | FindLaw 3/16 in order to show action in conformity therewith,\u201d and \u00a7 24-4-413 (a), which provides that \u201c[i]n a criminal proceeding in which the accused is accused of an offense of sexual assault, evidence of the accused's commission of another offense of sexual assault shall be admissible and may be considered for its bearing on any matter to which it is relevant.\u201d For the reasons set forth below, the trial court did not abuse his discretion in admitting the evidence under \u00a7 24-4-413 (a). See Steele v. State, 337 Ga. App. 562, 565-566 (3) (788 SE2d 145) (2016) (trial court's decision to admit other acts evidence will be overturned only where there is clear abuse of discretion). Accordingly, we need not address the admissibility of the evidence under \u00a7 24-4-404 (b). See Dixon v. State, \u2013\u2013\u2013 Ga. App. \u2013\u2013\u2013\u2013, \u2013\u2013\u2013\u2013 (1) (\u2013\u2013\u2013 SE2d \u2013\u2013\u2013\u2013) (Case No. A17A0233, decided April 19, 2017) (in sexual assault case, the provisions of \u00a7 24-4-413 (a) \u201csupercede the provisions of \u00a7 24-4-404 (b)\u201d) (citations and footnote omitted). The other acts evidence showed that, on April 3, 2008, while working in his capacity as a repairman, Latta touched the buttocks of D. H., a mentally-disabled student in a special-needs program at a university. D. H. testified that the touching occurred while she was leaning down to put bottles in a box at her campus job. She stated was working in the cafeteria from Chick-fil got down saw a refrigerator guy. He come\u2014he come near me. Well, he touch me on my butt, but sat up and he grab my hand and said, let's go out from the doors. After that told him to let go and went to [another person].\u201d D. H. reported what had happened, and a campus police officer investigated the incident and interviewed Latta. The officer testified that Latta initially said D. H. had recognized and hugged him, then admitted that he probably had touched D. H. but that it had been accidental and had occurred as he was checking a refrigerator leak that D. H. had reported to him. Latta also told the officer that D. H. had told him she felt uncomfortable during their interaction. The trial court correctly held that \u00a7 24-4-413 (a) governed the admissibility of the other acts evidence because Latta was accused of an offense of sexual assault and the other acts evidence concerned his commission of another offense of sexual assault. For purposes of \u00a7 24-4-413, the term \u201coffense of sexual assault\u201d includes \u201c[a]ny crime that involves contact, without consent, between any part of the accused's body \u2024 and the genitals \u2024 of another person \u00a7 24-4-413 (d) (2). Latta's act of touching M. A.'s vagina falls within this definition. See United States v. Seymour, 468 F3d 378, 385 (II) (A) (2) (6th Cir. 2006) (applying Fed. R. Evid. 413 to admit other acts evidence in case where defendant was accused of child molestation); United States v. Godfrey, 611 Fed. Appx. 364, 365 (8th Cir. 2015) (treating evidence that defendant had touched a 13- or 14-year-old girl's vagina over her clothing as a sexual assault for purposes of applying Fed. R. Evid. 413 to admit other acts evidence). The term \u201coffense of sexual assault\u201d also includes conduct that would constitute sexual battery in violation of \u00a7 16-6-22.1 \u00a7 24-4-413 (d) (1). Latta's act of touching D. H.'s buttocks\u2014if he did so intentionally\u2014without her consent constitutes the offense of sexual battery under \u00a7 16-6-22.1. 2/17/25, 12:07 v (2017) | FindLaw 4/16 Latta argues that there is no evidence that he intentionally touched D. H.'s buttocks, and he points to evidence that he was never charged with a crime in connection with that other act. But as held in cases interpreting the Federal Rules of Evidence, which we look to for guidance in construing our new Evidence Code, see Parker v. State, 296 Ga. 586, 592 (3) (a) (769 SE2d 329) (2015), criminal charges \u2024 are not required for the admission of other acts evidence\u2024 Indeed, a prior acquittal of a criminal charge will not necessarily preclude admission of other act[s] evidence\u2024 Finally, a trial court need not make a preliminary finding that the alleged prior similar conduct in fact occurred before admitting it into evidence. Instead, a trial court's decision to admit other act[s] evidence will be affirmed if a jury could find by a preponderance of the evidence that the defendant committed the act. Dixon, supra, \u2013\u2013\u2013 Ga. App. at \u2013\u2013\u2013\u2013 (1) (a) (citations and punctuation omitted). From the other acts evidence, a jury could have concluded by a preponderance of the evidence that Latta committed the offense of sexual battery in violation of \u00a7 16-6-22.1 by intentionally touching D. H.'s buttocks without her consent. See Thompson v. State, 245 Ga. App. 396, 398 (3) (537 SE2d 807) (2000) (victim's testimony that defendant touched her buttocks as she was climbing a ladder to get out of a swimming pool, and evidence that victim was visibly upset afterward, was sufficient to authorize jury to find defendant had committed offense of sexual battery). The evidence that Latta touched D. H. thus was evidence of an \u201coffense of sexual assault\u201d admissible as an other act under \u00a7 24-4-413. Citing \u00a7 24-4-403, Latta argues that the probative value of the other acts evidence was substantially outweighed by its prejudicial value trial court may exclude relevant evidence under \u00a7 24-4-403 \u201cif its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.\u201d Whether to do so, however, lies within the discretion of the trial court and calls for a common sense assessment of all the circumstances surrounding the extrinsic offense, including prosecutorial need, overall similarity between the extrinsic act and the charged offense, as well as temporal remoteness\u2024 [T]he exclusion of evidence under \u00a7 24-4-403 is an extraordinary remedy which should be used only sparingly. The major function of \u00a7 24-4-403 is to exclude matter of scant or cumulative probative force, dragged in by the heels for the sake of its prejudicial effect. In close cases, the balance should be struck in favor of admissibility. Dixon, supra, \u2013\u2013\u2013 Ga. App. at \u2013\u2013\u2013\u2013 (1) (b) (citations and punctuation omitted). In reviewing the trial court's application of \u00a7 24-4-403 in this case, we assume without deciding that the evidence admitted under \u00a7 24-4-413 should be evaluated under the same type of balance as evidence admitted under \u00a7 24-4-404 (b), rather than under a balance more generous to its admission. See generally Dixon, supra, \u2013\u2013\u2013 Ga. App. at \u2013\u2013\u2013\u2013 (1) (b) (discussing open question of 2/17/25, 12:07 v (2017) | FindLaw 5/16 \u201cwhether evidence admitted under \u00a7 24-4-413] should be evaluated under a different type of Rule 403 balance that weighs in favor of admission\u201d) (citations and punctuation omitted). The evidence of the sexual battery against the student worker had probative value in countering Latta's accident defense, because it showed that the instance with M. A. was not the first time Latta had claimed accident after touching a vulnerable person in a sexual manner while working on a repair job. This fact made it less probable that Latta touched M. A. accidentally and more probable that he touched her to arouse or satisfy his sexual desires. See Olds v. State, 299 Ga. 65, 75 (2) (786 SE2d 633) (2016) (\u201cGenerally speaking, the greater the tendency to make the existence of a fact more or less probable, the greater the probative value [of evidence].\u201d). \u201c[W]e find no clear abuse of the trial court's discretion in determining that the evidence was more probative \u2024 than prejudicial.\u201d Silvey v. State, 335 Ga. App. 383, 388 (1) (b) (780 SE2d 708) (2015). We disagree with Latta's assertion that we should remand this issue to the trial court in light of our Supreme Court's decision in Olds v. State, supra, 299 Ga. 65. The Court in Olds remanded an appeal to this court for reconsideration after clarifying an earlier decision upon which this court had relied extensively in ruling on the appeal. Id. at 77 (3). That circumstance does not exist here. 3. Outcry statements. Latta argues that the trial court erred in admitting evidence of M. A.'s out-of-court outcry statements to four witnesses\u2014M. A.'s mother, a neighbor, and two law enforcement officers. He argues that the statements were inadmissible because they did not fall within a hearsay exception, there was not sufficient indicia of their reliability, and they did not meet the admissibility requirements for prior consistent statements. Because Latta did not object to the statements at trial, we review his claims only for plain error. See \u00a7 24-1-103 (a), (d). Latta has not shown plain error. First, the statements met the requirements for admission set forth in the applicable version of Georgia's child hearsay statute \u00a7 24-8-820,1 which provides statement made by a child younger than 16 years of age describing any act of sexual contact or physical abuse performed with or on such child by another \u2024 shall be admissible in evidence by the testimony of the person to whom made if the proponent of such statement provides notice to the adverse party prior to trial of the intention to use such out-of-court statement and such child testifies at the trial \u2024 and, at the time of the testimony regarding the out-of-court statements, the person to whom the child made such statement is subject to cross-examination regarding the out-of-court statements. The person who made the statements, M. A., was younger than 16 years of age; the statements described an act of sexual contact performed on her by another; the state provided the required notice to Latta; M. A. testified at trial; and the persons to whom M. A. made the statements were subject to cross- examination about them. It is not error for a trial court to admit an out-of-court outcry statement that 2/17/25, 12:07 v (2017) | FindLaw 6/16 meets the statutory requirements of \u00a7 24-8-820. McMurtry v. State, 338 Ga. App. 622, 627 (4) (a) (791 SE2d 196) (2016). Moreover, the applicable version of \u00a7 24-8-820, unlike its predecessors, does not require a showing that the out-of-court statement has indicia of reliability, and this court has \u201cdecline[d] to add judicially a requirement that the legislature did not include.\u201d McMurtry, supra at 627 (4) (a) (citations omitted). Finally, this court has made clear, in construing prior versions of the child hearsay statute, that statements admissible under the child hearsay statute do not need to meet the admissibility requirements for prior consistent statements. As we have explained: Generally speaking, unless a witness's veracity has affirmatively been placed in issue, the witness's prior consistent statement is pure hearsay evidence, which cannot be admitted merely to corroborate the witness, or to bolster the witness's credibility in the eyes of the jury. The [c]hild [h]earsay [s]tatute, however, is a legislatively-created exception to the general rule prohibiting such hearsay evidence and provides that, so long as certain conditions are met, a statement made by a child describing any act of sexual contact is admissible in evidence by the person to whom the statement was made. As such, the [c]hild [h]earsay [s]tatute actually contemplates testimony from both the child and those witnessing the child's later reaction, even if the hearsay may be \u201cbolstering.\u201d Laster v. State, 340 Ga. App. 96, 98-99 (1) (796 SE2d 484) (2017) (citations, punctuation, and footnote omitted). Accord Davis v. State, 303 Ga. App. 799, 800 (2) (694 SE2d 381) (2010); Whitaker v. State, 293 Ga. App. 427, 429 (2) (667 SE2d 202) (2008). And this court has applied this rationale to the version of \u00a7 24-8-820 applicable to this case, holding, in the context of a claim for ineffective assistance of trial counsel, that where out-of-court statements meet the requirements of \u00a7 24-8-820, their failure to also meet the requirements for admission as prior consistent statements is not a viable ground for challenging them. See McMurtry, supra, 338 Ga. App. at 628 (5). 4. Jury charge. Latta argues that the trial court erred in giving the jury the following charge on a witness's prior inconsistent statements: Your assessment of a trial witness's credibility may be affected by comparing or contrasting that testimony to statements or testimony of that same witness before the trial started. It is for you to decide whether there is a reasonable explanation for any inconsistency in a witness's pre-trial statements and testimony when compared to the same witness's trial testimony. As with all issues of witness credibility, you the jury must apply your common sense and reason to decide what testimony you believe or do not believe. 2/17/25, 12:07 v (2017) | FindLaw 7/16 Latta waived appellate review, including plain error review, of his claim that the trial court erred in giving this charge, which tracked the language of the pattern jury instruction, Georgia Suggested Pattern Jury Instructions, Vol. II: Criminal Cases, \u00a7 1.31.47, because he \u201csubmitted a written request for the pattern charge that was given \u2024 and stated no objection to the trial court's agreeing to give the charge as requested.\u201d Williams v. State, 299 Ga. 447, 449 (2) (788 SE2d 347) (2016). 5. Ineffective assistance of counsel. Latta argues that his trial counsel provided ineffective assistance. To prevail on this claim, he must show [both] that trial counsel's performance [was deficient in that it] fell below a reasonable standard of conduct and that [it was prejudicial because] there existed a reasonable probability that the outcome of the case would have been different had it not been for counsel's deficient performance. If [Latta] fails to [prove] either prong of the [two-part] test, this relieves the reviewing court of the need to address the other prong. Scott v. State, 290 Ga. 883, 889 (7) (725 SE2d 305) (2012) (citations and punctuation omitted). As detailed below, Latta has not shown that his trial counsel's performance was deficient. (a) Failure to object to testimony about outcry statements. Latta argues that his trial counsel was ineffective for failing to object to the admission of evidence of M. A.'s out-of-court outcry statements on grounds of \u201chearsay \u2024 and improper prior consistent statement.\u201d But \u201c[a]s discussed in Division [3], supra, given that the out-of-court statements were properly admitted under the applicable child hearsay statute \u00a7 24-8-820, trial counsel had no grounds for challenging this testimony and cannot be adjudged ineffective for failing to object to it.\u201d McMurtry, supra, 338 Ga. App. at 628 (5) (citation and punctuation omitted). See Geiger v. State, 295 Ga. 648, 654 (5) (c) (763 SE2d 453) (2014) (failure to raise meritless objection cannot be evidence of deficient performance). (b) Requesting current pattern jury charge rather than former pattern jury charge on prior inconsistent statements. Latta argues that his trial counsel was deficient in requesting the current pattern jury charge on prior inconsistent statements (set forth in Div. 4, supra), which derives from \u00a7 24-6-613 of Georgia's new Evidence Code, rather than a former pattern jury charge on the issue. Although he asserts that the new pattern charge is \u201cwrong,\u201d the new pattern charge is not an incorrect statement of the law. And pretermitting whether the former pattern charge's language is a more precise or comprehensive statement of the law than the current pattern charge, Latta has not shown that his trial counsel was deficient in requesting the pattern charge. To overcome the strong presumption that his trial counsel's performance fell within the wide range of professional assistance, Latta must show that no reasonable 2/17/25, 12:07 v (2017) | FindLaw 8/16 lawyer would have requested the current pattern charge instead of the former pattern charge. See Simon v. State, 321 Ga. App. 1, 7 (3) (740 SE2d 819) (2013). \u201cWhere, as here, the jury was properly instructed on the law[,] counsel cannot be deemed ineffective for failing to seek alternative instructions.\u201d Id. (citation and punctuation omitted). See also Jarrett v. State, 299 Ga. App. 525, 531 (7) (a) (683 SE2d 116) (2009) (finding claim that trial counsel was ineffective in failing to request particular jury charge to be meritless when trial court gave pattern charge on issue). (c) Failure to seek mistrial or curative instruction. Latta argues that his trial counsel was deficient for failing to seek a mistrial or curative instruction after the prosecutor made what Latta contends was an improper comment about his silence in violation of the Fifth Amendment. The comment was not improper. The prosecutor, in closing argument, commented on the recorded statement that Latta had made to the detective in a pre-arrest interview. Referring to that statement, which had been played to the jury at trial, the prosecutor said: Sometimes the silence says more than the words. There are three points during the Defendant's statement where he takes much longer than everything else to answer questions. The three points in the Defendant's statement where he takes longer to answer the questions are did you tell [M. A.] to come here. He pauses and says think said look here. When he's asked whether he had moved [M. A.] at all, there's a pause, and he eventually says, no. And the longest pause is after he is asked whether he had [M. A.] in his lap. At that point it's 20 seconds\u2014before the detective breaks the silence and says don't know why you're having so much trouble answering this question. It's not his exact words, but that's essentially what he says. And then he says, no, no. This was not an improper comment on Latta's exercise of his Fifth Amendment right to remain silent, because the recording of Latta's interview shows that he did not exercise that right. Latta did not expressly invoke the privilege against self-incrimination in response to the officer's question[s]. It has long been settled that the privilege generally is not self-executing and that a witness who desires its protection must claim it. Although no ritualistic formula is necessary in order to invoke the privilege, a witness does not do so by simply standing mute. Salinas v. Texas, \u2013\u2013\u2013 U. S. \u2013\u2013\u2013\u2013, \u2013\u2013\u2013\u2013 (133 SCt 2174, 186 LE2d 376) (2013) (citations and punctuation omitted). There are two exceptions to this requirement. \u201c[A] criminal defendant need not take the stand and assert the privilege at his own trial.\u201d Id. at \u2013\u2013\u2013\u2013 (II) (A). And \u201ca witness' failure to invoke the privilege must be excused where governmental coercion makes his forfeiture of the privilege involuntary.\u201d Id. at \u2013\u2013\u2013\u2013 (II) (A). Neither exception applies to the circumstances of this case. Latta did not testify at his trial, and his interview with the detective was voluntary. See id. at \u2013\u2013\u2013\u2013 (II) (A) (defendant cannot benefit 2/17/25, 12:07 v (2017) | FindLaw 9/16 from second exception, regarding involuntary forfeiture of privilege against self-incrimination, where interview was voluntary). The trial court ruled at a pre-trial Jackson-Denno hearing that the interview was voluntary and noncustodial, and Latta has not challenged this ruling on appeal. Consequently, the Fifth Amendment did not preclude the prosecutor's comment. In his reply brief, Latta argues for the first time that the prosecutor's comment also violated Latta's rights under the Georgia Constitution, which states that \u201c[n]o person shall be compelled to give testimony tending in any manner to be self-incriminating.\u201d Ga. Const. of 1983, Art. I, Sec. I, Par. XVI. This court \u201cgenerally will not consider arguments raised for the first time in a reply brief,\u201d Minor v. State, 328 Ga. App. 128, 134 (2) (b) (citation omitted), and, in any event, Latta has offered no persuasive argument that the Georgia Constitution's privilege against self-incrimination applies to the circumstances of this case even though the Fifth Amendment's similar privilege does not apply. We note that, \u201c[p]rior to the effective date of Georgia's new Evidence Code, a prosecutor was prohibited from commenting on a defendant's pre-arrest silence per Mallory v. State, 261 Ga. 625 (409 SE2d 839) (1991)\u2024 Mallory was decided not on constitutional grounds but rather based on former \u00a7 24-3-36.\u201d Bradford v. State, 299 Ga. 880, 886 (7) n. 7 (792 SE2d 684) (2016) (citation and punctuation omitted). Assuming the continued validity of Mallory under the new Evidence Code, see generally Tran v. State, \u2013\u2013\u2013 Ga. App. \u2013\u2013\u2013\u2013, \u2013\u2013\u2013\u2013 (2) (c) & n. 7 (\u2013\u2013\u2013 SE2d \u2013\u2013\u2013\u2013) (Case No. A16A1654, decided March 8, 2017) (applying Mallory to case governed by new Evidence Code but noting that Georgia's Supreme Court has expressed no opinion on its continued validity), Latta has not argued that the rule set forth in Mallory prohibited the prosecutor's comment. Moreover, any such argument would be meritless, because Latta responded to the detective's questions. See Carter v. State, 324 Ga. App. 118, 126 (2) (b) (749 SE2d 404) (2013) (declining to apply principle in Mallory prohibiting mention of defendant's silence where defendant willingly talked to detective in pre-arrest interview). Because the prosecutor did not make an improper comment, Latta's trial counsel was not deficient in failing to seek a mistrial or curative instruction. See Dority v. State, 335 Ga. App. 83, 97 (4) (a) (780 SE2d 129) (2015); Carter, supra at 126 (2) (b). Judgment affirmed 1 \u00a7 24-8-820 was amended effective July 1, 2013. See Ga. L. 2013, pp. 222, 237, \u00a7 13. The crime at issue occurred on July 26, 2013, after the effective date of this amendment. McFadden, Presiding Judge. Branch and Bethel, JJ., concur. 2/17/25, 12:07 v (2017) | FindLaw 10/16 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 (2017) Docket No: A17A0562 Decided: June 13, 2017 Court: Court of Appeals of Georgia. 2/17/25, 12:07 v (2017) | FindLaw 11/16 Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer \uf105 \uf105Practice Management \uf105Legal Technology \uf105Law Students Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 For Legal Professionals 2/17/25, 12:07 v (2017) | FindLaw 12/16 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. 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8,259 | Joshua Yates | Webster University | [
"8259_101.pdf",
"8259_102.pdf",
"8259_103.pdf",
"8259_104.pdf",
"8259_105.pdf"
] | {"8259_101.pdf": "University implements changes after game design allegations The university now seeks new game design faculty after 13 students and former faculty released statements alleging a former professor of professional misconduct. Senior Nicholas Fuhrmann said he would have dropped out of college if he didn\u2019t have an English minor to back up his former game design major. Fuhrmann, along with 13 other students and former faculty, released testimonials on May 9 alleging a game design professor of professional and sexual misconduct. President Stroble wrote in an email to the Webster community on May 16 that the university will investigate the allegations against the professor, Joshua Yates. Yates resigned earlier this summer, according to Michael Breault, an assistant game design professor. Breault held a meeting on Tuesday to discuss the future of game design classes and the changes they have implemented. The university bought 17 new computers and hired two additional adjunct faculty to teach game design. Breault said the university is looking for a new full-time professor to start in the spring. Fuhrmann said the quality of the game design program did not warrant him paying for the classes. Junior Jared McClintok said he agreed with what his fellow game design majors wrote in their testimonials. McClintok did not write a testimonial. McClintok said Yates would rarely teach, or he would tell his students to look up lessons on YouTube didn\u2019t want to pay money for a class to watch YouTube videos on how to do it when he should be teaching as an instructor,\u201d McClintok said. Breault told students at the meeting if they felt like they didn\u2019t get a quality education in a class where the professor didn\u2019t teach, they may audit the class for free. Breault advised students to come talk to him first. Some students wrote that Yates\u2019 classroom behavior made them want to change their major. Student John Fetcho, a former game design major, wrote in his testimonial that teachers like Rob Santos and John Coveyou made him hesitant to switch. By Monica Obradovic - September 4, 2019 2/17/25, 12:07 University implements changes after game design allegations - Webster Journal 1/3 Santos resigned from Webster in protest of the alleged sexual harassment and predatory academic misconduct, according to his resignation letter. He posted the letter in a Dropbox folder along with the other testimonials. Title Investigation Former student Tamsen Reed filed a Title complaint against Yates in April 2018. The case had yet to be resolved until after she graduated this May. Reed told The Journal in May that she learned from classmates that Yates commented on the way she dressed to class. She added that the same sources said that Yates described her outfits as more revealing as the semester rolled on. Reed did not address requests for comment from The Journal. Stroble wrote that the university took the competence of its staff and adequacy of its Title investigations very seriously. Stroble asked for patience as the university investigated the allegations. \u201cWebster University is committed to providing a safe and productive learning environment free from unlawful discrimination of any kind,\u201d the statement wrote. The U.S. Department\u2019s Office of Civil Rights (OCR) opened an investigation into Webster on June 19 under \u201cTitle IX-Sexual Harassment.\u201d The university said in a press release sent to The Journal on July 8 that it does not comment or share details on any Title case as is compliant with federal law. It will not comment on the investigation as well, the press release wrote. Future of Game Design Breault said the school will add more classes and try to broaden the game design curriculum. Furhman will graduate with his English degree this winter. The students still do not feel completely heard despite the release of their statements, Fuhrmann said prior to the meeting would say we were heard in a sense that Joshua Yates is now gone, but there\u2019s been almost no recognition of fault,\u201d Fuhrmann said. \u201cThat\u2019s what people in my group were in the very least hoping for.\u201d Share this post 2/17/25, 12:07 University implements changes after game design allegations - Webster Journal 2/3 Related Posts Game design degree thrives in second year One year and three months after the creation of the game design program at Webster\u2026 Webster University's new B.A. in game design attracts gamers Students with a game design certificate now have the opportunity to receive a degree in\u2026 Webster University student develops new video game design club Evan Luberda has the basics of a professional business using clubs at Webster. Now, he\u2026 2/17/25, 12:07 University implements changes after game design allegations - Webster Journal 3/3", "8259_102.pdf": "Webster U. Faces Federal Investigation Into Sexual Harassment Allegations St. Louis Public Radio | By Kae M. Petrin Published July 1, 2019 at 6:38 p.m Kae Petrin / St. Louis Public Radio Webster University, shown in this July 1 photograph of its Webster Groves campus, is the subject of a federal civil rights investigation federal civil rights office has opened an investigation into whether Webster University mishandled complaints of sexual harassment. The investigation, confirmed by a spokesperson for the U.S. Department of Education, comes less than a month after students mounted a public campaign against the university's Title 2/17/25, 12:07 Webster U. Faces Federal Investigation Into Sexual Harassment Allegations 1/8 office in May. Students said the school failed to address complaints that game design professor Joshua Yates had sexually harassed a student. At least two students at the university\u2019s campus in Webster Groves have filed complaints against Yates through the school\u2019s Title office, which enforces federal anti-discrimination laws. In June, the university announced that an independent audit found multiple problems with its Title office and processes, and pledged to remedy them. The university also selected a new, interim coordinator for the office. (Officials would not discuss the circumstances of the previous coordinator\u2019s replacement.) The Department of Education\u2019s Office for Civil Rights could require the school to make additional changes if the federal investigation determines that Webster\u2019s Title office has not complied with federal law. The federal investigation could examine whether student complaints received prompt treatment or whether students were allowed to appeal decisions made by the university\u2019s Title office, according to B. Ever Hanna, an attorney with the nonprofit End Rape On Campus. The organization advocates for policy changes on college campuses and helps students file federal complaints. Hanna said investigations at other universities have required them to release annual reports about the Title investigations they\u2019ve completed, including case outcomes and timelines. Some schools, including Washington University, report these numbers regularly. Webster University has declined to make similar information public yearlong sexual harassment case Webster University student Tamsen Reed waited nearly a year for Webster University's Title office to investigate her reports that Yates had harassed her. The university's Title policy says it \"intends\" to complete investigations within 60 days, though there's no legal requirement to complete them within a specific timeframe. 2/17/25, 12:07 Webster U. Faces Federal Investigation Into Sexual Harassment Allegations 2/8 Credit Kae Petrin | St. Louis Public Radio Tamsen Reed in front of the Webster University communications department building. May 17, 2019. Frustrated that progress on her case seemed to have stalled, Reed moved her complaint up to the federal level in April. She also began compiling student statements, which discussed Yates making discriminatory comments in his classes and other instances of sexual harassment on campus. In May, she posted those reports on Twitter. Then, more than 400 days after Reed filed a formal report with Webster\u2019s Title office, she received a response. \u201cThe reported behavior did not violate any specific sections\u201d of the university\u2019s Title policy, wrote Kimberley Pert, Webster\u2019s interim Title coordinator. That\u2019s in part because the alleged sexual comments were said about Reed to other students and professors, rather than to her directly, Pert wrote to Reed. Pert also claimed in the letter that the reported sexual harassment did not interfere with Reed\u2019s education. Reed disputes that interpretation. \u201cThe harassment grew larger than itself given that the comments were made to other students and professors,\u201d Reed said. \u201cBy asking my peers whether was the type of girl to sleep with a professor for a better grade, making jokes and remarks about my clothing choices, or reporting 2/17/25, 12:07 Webster U. Faces Federal Investigation Into Sexual Harassment Allegations 3/8 to other professors that was coming on to him, Yates gathered others in his efforts to demean me.\u201d Yates\u2019 staff bio has been removed from Webster\u2019s website, and he is no longer in course listings for next year university spokesperson declined to comment on whether Yates still worked for the university. Reed also said she never had an opportunity to see or comment on Yates\u2019 response to her complaint \u2014 a step that\u2019s required in Webster\u2019s Title processes. The decision seems to \u201cnot understand the law,\u201d according to Sarah Jane Hunt, an attorney who has worked in Title law since 2013 with the law firm Kennedy Hunt. Federal law doesn\u2019t specifically require sexual harassment to be said to the person it\u2019s about, Hunt said. \u201cWhat they\u2019re saying with this decision is, it\u2019s for a professor to make sexual comments as long as it\u2019s not to a student\u2019s face think that\u2019s absurd,\u201d Hunt said. Reed said officials from the federal Office for Civil Rights contacted her on June 19 and informed her that they plan to investigate the university. That day, the office opened a formal investigation into the school \u201cfor possible discrimination based on sex \u2013 specifically, sexual harassment,\u201d according to a spokesperson for the U.S. Department of Education. The spokeperson wrote that the Office for Civil Rights cannot confirm details about open investigations, including whether the investigation is related to Reed\u2019s complaint. Reed said she wouldn\u2019t be surprised if someone else had filed an unrelated complaint, and she hopes that either way, the investigation could lead to change. \u201cWhen this inevitably happens again, there will be a paper trail of evidence for the (hopefully under a more progressive administration) to prove Webster\u2019s disregard,\u201d she wrote in an email pledge to improve In response to the statements that Reed released online last month, the university hired an independent firm to audit its Title office. The audit found \u201cseveral areas where improvements could be made\u201d to the Title office and its procedures, according to an email sent to faculty on June 12 by university President Elizabeth Stroble. 2/17/25, 12:07 Webster U. Faces Federal Investigation Into Sexual Harassment Allegations 4/8 \u201cWe take these findings seriously, and we do not tolerate anything short of excellence in the investigation of Title matters,\u201d Stroble wrote. \u201cThe concerns raised and the ensuing investigation give us an opportunity to assure that we are employing best practices in our Title Office.\u201d The university has planned a number of changes based on the audit\u2019s recommendations, according to Stroble\u2019s letter. Those include evaluating the office\u2019s workload to see whether staff should be added; updating training for students, faculty and Title office staff; and reviewing policies to ensure they align with federal law. Stroble also wrote that staff members have stressed the \u201cimportance of completing investigations in a thorough and timely manner\u201d to the Title office\u2019s staff university spokesperson declined to answer questions about the audit and potential changes to the Title program. Former Webster student Chester Bacon said he doesn\u2019t think the audit will lead to substantive changes. Bacon was in Reed\u2019s graduating class and took several classes with Yates. After Reed went public with her experience, Bacon also filed a complaint against Yates. Bacon, who is transgender, said that Yates asked him invasive questions about his genitalia and dating history. At this point, Bacon said he doesn\u2019t have faith that the university will investigate his complaint properly 100% think that there\u2019s a mishandling of the situation. And hope that [federal investigators] can see that when they open this investigation and go in,\u201d Bacon said. \u201cIs it going to get people justice? Probably not. But at least they\u2019ll be held accountable, because for me can\u2019t forsee them doing anything correctly.\u201d Follow Kae on Twitter: @kmaepetrin Send questions and comments about this story to feedback@stlpublicradio.org Send questions and comments about this story to feedback@stlpublicradio.org. Tags Education Webster University Elizabeth Stroble Title Sexual Harassment Tamsen Reed Joshua Yates Top Stories 2/17/25, 12:07 Webster U. Faces Federal Investigation Into Sexual Harassment Allegations 5/8 Kae M. Petrin Kae Petrin covers public transportation and housing as a digital reporter for St. Louis Public Radio. See stories by Kae M. Petrin Government, Politics & Issues Missouri House bill targets Republican judge over controversial rulings Health, Science & Environment Abortions to resume in Missouri after judge halts licensing requirements News Briefs St. Louis judge orders to let volunteers vote at much-anticipated meeting Sports City SC\u2019s new uniform goes all in on red and honors the past Latest Stories Related Content 2/17/25, 12:07 Webster U. Faces Federal Investigation Into Sexual Harassment Allegations 6/8 Missouri House Committee Approves Changes To How Colleges Handle Sexual Assault Reports March 12, 2019 2/17/25, 12:07 Webster U. Faces Federal Investigation Into Sexual Harassment Allegations 7/8 Stay Connected \u2014 \u2014 \u2014 \u2014 \u2014 \u00a9 2025 St. Louis Public Radio About Us \u2014 Careers \u2014 Contact Us \u2014 Donate \u2014 Newsletters \u2014 Privacy Policy \u2014 Public File \u2014 St. Louis Public Radio is a listener-supported service of the University of Missouri\u2013St. Louis. 2/17/25, 12:07 Webster U. Faces Federal Investigation Into Sexual Harassment Allegations 8/8", "8259_103.pdf": "St. Louis on the Air Lengthy Webster U. Harassment Investigation Spurs Student Outcry, University Audit By Kae M. Petrin Published May 21, 2019 at 10:45 a.m \u2022 4:33 Kae Petrin | St. Louis Public Radio Tamsen Reed poses for a portrait in front of Webster University's communications and media building. 2/17/25, 12:07 Lengthy Webster U. Harassment Investigation Spurs Student Outcry, University Audit 1/11 Updated 10:45 a.m., May 21, to reflect new witness statements \u2014 The first time Tamsen Reed heard the rumors was over a text message from a soon-to-be roommate. Almost immediately, she began to feel trapped. The rumors kept piling on. She\u2019d hear them in her university classrooms. Once, a stranger shared them with one of Reed\u2019s housemates, not realizing they lived together. Another time, a date brought them up to Reed. \u201cOh my gosh,\u201d her date said. \u201cYou\u2019re the one Yates is talking about.\u201d Joshua Yates, the head of the Webster University\u2019s game design program, was allegedly bragging to students and fellow professors that Reed was flirting with him and trying to seduce him. So Reed filed a Title sexual misconduct report with the university. That was more than a year ago. Reed graduated last week. But the university isn\u2019t even halfway through its 20-step process to investigate whether Yates sexually harassed her, she said Webster University official said Friday the school has hired WorkPlace Partners, Inc., an independent firm, to audit the investigation. The university is now collecting statements about the investigation online. More than fifteen students and several professors have joined Reed in publishing statements that recount dozens of incidents of sexual and professional misconduct involving Yates. Five students, including Reed, wrote that they felt belittled or discriminated against by Yates because of their gender. Others said they witnessed discriminatory remarks that he made about Reed and other students. The letters describe a culture of fear, harassment and discrimination within Webster University\u2019s game design program. Some said they\u2019ve lost faith in the university to follow through on Title investigations. In response, a university statement said that the school takes the allegations \u201cvery seriously.\u201d University officials said that confidentiality laws prevent the school from revealing the status of the investigation or discuss personnel matters. Losing faith in the university Reed went public with her claims on May 9 with a thread of posts on Twitter that included a link to more than a dozen student and professor testimonies against Yates. Since then, more 2/17/25, 12:07 Lengthy Webster U. Harassment Investigation Spurs Student Outcry, University Audit 2/11 students have submitted statements. According to a letter from one of Reed\u2019s classmates, Yates \u201cbuilt up an extremely stupid idea that you were possibly trying to seduce him.\u201d Another wrote that Yates discussed Reed\u2019s clothing with other students, and asked him if Reed was \u201cflirting with him to get a good grade.\u201d Reed\u2019s academic advisor at the time, Lisa Brunette, wrote in a statement that Yates told her an unnamed female student \u201cacted inappropriately toward him in full sight of other students.\u201d He told her he asked other students to interfere now believe he was trying to mitigate what might happen if Reed and the student witnesses came forward,\u201d Brunette wrote. Brunette left the game design program last year, in part because of Yates\u2019 professional behavior, she wrote. Another game design student, Chester Bacon, said that Yates asked Bacon invasive questions about his genitals and gender presentation, and that Yates initiated a conversation about his own dating history with a transgender woman. Bacon, who is transgender, said he felt pressure to tolerate the questions because Yates taught so many of his classes. Credit Chester Bacon Chester Bacon in a selfie. Bacon said that after watching Reed's experience with Webster, he's hesitating to file a Title case against Yates. 2/17/25, 12:07 Lengthy Webster U. Harassment Investigation Spurs Student Outcry, University Audit 3/11 kind of just sat and suffered with it,\u201d Bacon said. \u201cDuring that time had to think, \u2018Is he giving me A\u2019s because he knows he\u2019s being inappropriate and he doesn\u2019t want me to say anything?\u2019\u201d Last week, several days after students released their statements online against Yates, the university\u2019s Title office called Bacon in and told him that he could file a complaint against Yates. But Bacon said Reed\u2019s experience has discouraged him from filing a complaint with the university. \u201cEven if there is a thorough investigation don\u2019t trust anybody at Webster at this point. Even if they do their job don\u2019t trust that whoever\u2019s supposed to be looking at it is going to make the right decision,\u201d he said. \u201cBecause at this point, all I\u2019ve seen Webster trying to do is cover their own butts Digital Reporter Kae Petrin Discusses Reporting On Webster University Title Developments St. Louis on the Air ( 052419aweb.mp3) \uf01d \uf026 \uf028 00:00 00:00 drawn-out, opaque process After making an initial report and speaking with university officials, Reed filed her formal complaint through the university\u2019s Title office in May 2018. The office enforces a 1972 federal civil rights law that bars schools from receiving federal funding if they discriminate against students because of their sex. Colleges have been notoriously inconsistent with their enforcement of Title laws. Webster University also has a localized policy, which enforces state laws regarding sexual assault and harassment. Under that policy, Reed should have been entitled to a prompt investigation and accommodations that would prevent the case from interfering with her education. But Reed said her requests for investigation updates frequently went unanswered. She scrambled to fulfill graduation requirements after the Title office took months to complete 2/17/25, 12:07 Lengthy Webster U. Harassment Investigation Spurs Student Outcry, University Audit 4/11 paperwork for an independent study it instructed her to enroll in. Webster\u2019s policy says its Title office aims to complete investigations within 60 days, though the university has no legal obligation to that timeline. Webster officials declined to answer how long, on average, the school takes to complete Title investigations. They also refused to say how many investigations the university has completed, though other local colleges, including the University of Missouri-St. Louis and Washington University, publish those numbers. \u201cThere has to be a system in which people can come and avail themselves upon that they can have faith in,\u201d said civil rights lawyer Sarah Jane Hunt. \u201cAnd if it\u2019s taking years for every complaint, or a lot of complaints, then they\u2019re not going to do that, and they\u2019re going to stop coming.\u201d Hunt has been taking cases like Reed\u2019s since 2013 with the law firm Kennedy Hunt, P.C. She said that the longer an investigation takes, the harder it is for universities to gather information, because witnesses graduate and memories become fuzzy. After reviewing Reed\u2019s initial complaint and the testimonies that Reed gathered, Hunt said that she has a hard time understanding why the investigation would take more than a year. \u201cThere were inappropriate comments made. They were reported. They were corroborated,\u201d she said. \u201cThat\u2019s not to say that\u2019s the end of the rainbow. The accused has a right to defense and has the right for them to interview his witnesses. But don\u2019t know what about that takes 400 days.\u201d Hunt said there could be additional documents that the university has not released that may have complicated the case. Who is Joshua Yates? 2/17/25, 12:07 Lengthy Webster U. Harassment Investigation Spurs Student Outcry, University Audit 5/11 Credit YouTube Joshua Yates in a screencap from a 2010 YouTube video. Yates founded a game development company, Accordion Games, in 2012. The company has published several games, mostly created by developers other than Yates. One, GloGo, was developed by students in the Webster University game design program. Some students have accused Yates of profiting off the games they worked on for his classes. Yates told the Riverfront Times that the students did not want the royalties their contracts entitled them to. But Matthew Parker, one of the student developers, said that\u2019s a lie. \u201cAt first, Josh said that there wasn\u2019t enough money for Steam to pay us out. After that, he said that he would send the money as soon as he got it,\u201d Parker wrote in an email. \u201cNeither nor my co-creator of GloGo ever refused payment.\u201d Yates has edited and deleted much of his online presence since Reed went public on May 9. Staff pages, about sections and profiles were deleted from Accordion Games\u2019 website. The site now notes that the studio closed in 2018 \u2014 though as of Wednesday afternoon, the company still had products listed for sale on Steam, an online marketplace for games. Yates has little traceable game-development experience. His LinkedIn page names his earliest work in the industry in 2008, as editor-in-chief of a gaming publication called P.u Magazine. 2/17/25, 12:07 Lengthy Webster U. Harassment Investigation Spurs Student Outcry, University Audit 6/11 The magazine, self-published by Yates and his wife, published just one issue to an online magazine host in early 2010. By May 2011, internet archives show that the website had folded. Yates wrote on his Accordion Games website that he created three games that \u201cperformed well within China\u201d in 2011. The rights to any video games released in 2011 were not noted as personal property or a source of income in 2012 bankruptcy documents. Yates did not respond to multiple requests for comment. An industry problem Reed and another witness first reported the harassment to then-Webster University game design professor Rob Santos. Santos then reported Reed\u2019s account to Title office. The Title coordinator asked Santos to teach Reed in an independent study so she didn\u2019t have to enroll in Yates\u2019 class, Santos said. Santos said he thought it was \u201cunfairly punishing\u201d to remove Reed from class instead of selecting a different professor to teach the course. Taking the class alone prevented her from learning collaboratively \u2014 the main advantage of learning game design in a classroom instead of on the internet, he said. Santos and Reed both said the Title office delayed approving paperwork for the independent study for several months, which added more stress to Reed's situation. To Santos, the problems at Webster University reflect broader issues in the game industry. In his own classes, he teaches about toxic work environments, exploitative contracts and sexual harassment. Harassment in the gaming world received national coverage during the Gamergate controversy in 2014, when a faction of gamers lambasted women developers with sexual attacks and death threats. Just last week, employees at popular development studio Riot Games protested the company\u2019s sexual harassment and discrimination policies, which Reed referenced in her tweets about the alleged harassment at Webster University. So it dismayed Santos to learn that his own students were reporting similar problems so early in their careers. \u201cThey\u2019re being beaten into thinking it\u2019s the norm everywhere,\u201d he said. \u201cThe very people who are supposed to protect students are the ones who are silencing them in this case.\u201d 2/17/25, 12:07 Lengthy Webster U. Harassment Investigation Spurs Student Outcry, University Audit 7/11 Santos resigned from the university on May 10 in support of students\u2019 statements against the game design program. Santos said that he felt he could better support students from outside the university. \u201cOnce that student graduates, sometimes these problems just disappear,\u201d said Santos. \u201cThe school can just wait long enough for that student to leave, it goes quiet. And they never actually have to solve the problem.\u201d Webster University President Elizabeth Stroble wrote in a letter Thursday that the university would \u201crectify the situation\u201d if an independent audit discovers that university policy was not fairly enforced. Reed said she\u2019s still considering alternate legal options and is looking for a lawyer in Missouri. \u201cI\u2019m not just going to let this die out just have no faith that the university\u2019s going to come to any conclusion,\u201d Reed said. And after her experience, Reed said she fears for other students experiencing sexual harassment at Webster. \u201cThere\u2019s no use turning to the university.\u201d _ Follow Kae on Twitter: @kmaepetrin Send questions and comments about this story to feedback@stlpublicradio.org Send questions and comments about this story to feedback@stlpublicradio.org. Tags St. Louis on the Air Webster University Elizabeth Stroble Sexual Harassment Video Games Title Top Stories Joshua Yates Rob Santos Tamsen Reed Lisa Brunette Behind the Headlines \u2014 \u2014 \u2014 2/17/25, 12:07 Lengthy Webster U. Harassment Investigation Spurs Student Outcry, University Audit 8/11 Kae M. Petrin Kae Petrin covers public transportation and housing as a digital reporter for St. Louis Public Radio. See stories by Kae M. Petrin Request a Transcript Transcripts for St. Louis Public Radio produced programming are available upon request for individuals with hearing impairments. To request a transcript for St. Louis on the Air, let us know the episode date and topic and contact Alex Heuer at aheuer@stlpr.org. Edwardsville man remembers his greatest love on first Valentine\u2019s Day without her How a childhood in St. Louis inspired Mr. Johnson of 'Abbott Elementary' An urban farm in north St. Louis is producing more than fresh produce Latest from St. Louis on the Air 2/17/25, 12:07 Lengthy Webster U. Harassment Investigation Spurs Student Outcry, University Audit 9/11 Danforth Center terminates researcher for alleged sexual harassment June 14, 2018 Students demand Wash do more to investigate, prevent sexual assaults April 26, 2018 Former student sues college over its investigation of a sexual assault Oct. 17, 2018 How an immigrant in St. Louis connects home cooks through her food app Habuyta Related Content 2/17/25, 12:07 Lengthy Webster U. Harassment Investigation Spurs Student Outcry, University Audit 10/11 \u2014 \u2014 \u2014 \u2014 \u2014 \u00a9 2025 St. Louis Public Radio About Us \u2014 Careers \u2014 Contact Us \u2014 Donate \u2014 Newsletters \u2014 Privacy Policy \u2014 Public File \u2014 St. Louis Public Radio is a listener-supported service of the University of Missouri\u2013St. Louis. 2/17/25, 12:07 Lengthy Webster U. Harassment Investigation Spurs Student Outcry, University Audit 11/11", "8259_104.pdf": "Facebook \uf0c9 2/17/25, 12:07 Former Unity executive claims repeatedly committed sexual harassment, fostered hostile workplace - GameDaily.biz | We M\u2026 1/7 Twitter 2/17/25, 12:07 Former Unity executive claims repeatedly committed sexual harassment, fostered hostile workplace - GameDaily.biz | We M\u2026 2/7 Instagram 2/17/25, 12:07 Former Unity executive claims repeatedly committed sexual harassment, fostered hostile workplace - GameDaily.biz | We M\u2026 3/7 LinkedIn Search News Podcast Development Publishing Esports Mobile Culture 2/17/25, 12:07 Former Unity executive claims repeatedly committed sexual harassment, fostered hostile workplace - GameDaily.biz | We M\u2026 4/7 Culture News Former Unity executive claims repeatedly committed sexual harassment, fostered hostile workplace Ana Valens, Monday, June 10th, 2019 9:32 pm Unity\u2019s former vice president of talent acquisition, Anne Evans, filed a lawsuit last Wednesday against Unity, its John Riccitiello, and nine other male employees. Among other claims, Evans states that Riccitiello solicited sex from her on multiple occassions, and that Evans faced retaliation after discussing his behavior. This, she argues in the lawsuit, culminated in her firing. During her time at Unity, Evans said she was exposed to a \u201chighly sexualized\u201d workplace, and that Riccitiello and \u201cother men in management positions\u201d would speak \u201copenly about women in a sexual manner.\u201d These men would also make misogynistic jokes and flirt with both female employees and contractors. Evans in particular faced advances by Riccitiello, as well as sexual harassment on the basis of her sexuality. \u201cSoon after Evans joined Unity, Riccitiello began making inappropriate sexual comments to her. For instance, at The Battery (a private members-only club in San Francisco where both Riccitiello and Evans were members), Riccitiello would comment to Evans about how he thought the way she walked was \u2018sexy,\u2019 and how he could not believe she was a lesbian,\u201d the lawsuit claims, Variety reports. 2/17/25, 12:07 Former Unity executive claims repeatedly committed sexual harassment, fostered hostile workplace - GameDaily.biz | We M\u2026 5/7 In one case, Riccitiello \u201cpropositioned Evans\u201d at The Battery by \u201casking her if she would like to go to his hotel room,\u201d according to the lawsuit. Evans denied the request and later learned two employees were propositioned for a \u201cthreesome\u201d by Riccitiello. The following morning, Riccitiello \u201cinstructed her to not talk about the events from the prior evening.\u201d Riccitiello\u2019s advances continued while Evans was employed by Unity. In one case, Riccitiello invited Evans \u201cto join him in Paris to meet the company\u2019s team located there\u201d while \u201cRiccitiello\u2019s actual goal was to proposition Evans for sex.\u201d After successfully convincing Evans to fly to Paris, he \u201clured Evans to his hotel room\u201d and \u201cbluntly propositioned Evans for sex,\u201d complete with \u201cmaking a lewd reference to his erect penis.\u201d Evans was only able to get away from Riccitiello by convincing him to get a bottle of wine from the hotel bar, after which she left the room, the lawsuit claims. \u201cThe next day at a brunch with the Paris Unity employees, Riccitiello pulled Evans aside and said to her: \u2018It would be good for your career if you keep [your] mouth shut about last night,\u2019\u201d the lawsuit alleges. \u201cEvans told colleagues about the events at the time, but did not report Riccitiello\u2019s conduct because she feared retaliation after Riccitiello issued his warning to her.\u201d An additional allegation claims an employee improperly accessed company survey data from its workforce. After Evans reported reported the violation, the lawsuit states, the employee threatened to retaliate by making a sexual harassment claim against Evans, as both Evans and the employee had been involved in a sexual relationship. Evans claims that both the sexual harassment allegation and a claim that she received gifts from the employee led to her being fired, when in reality her termination was in retaliation for rejecting Riccitiello\u2019s advances. \u201cWhen Evans rejected Riccitiello\u2019s sexual advances and declined to comply with his threats to keep quiet, the company terminated her employment,\u201d the lawsuit notes. \u201cUnity\u2019s decision to terminate Evans was motivated, in substantial part, by her sex and her unwillingness to conform to the company\u2019s sexually-charged environment and rejection of sexual advances from the company\u2019s CEO.\u201d Unity has since denied the allegations, claiming it will \u201cvigorously defend\u201d itself. The company also alleged that Evans \u201cengaged in serious misconduct\u201d and \u201cdemonstrated a gross lapse in judgment,\u201d which led to her firing. \u201cThis was an undesirable outcome for Evans, and we had been working with her on the details of her departure when she filed a public lawsuit that includes false and damaging claims against the company, our and a number of our employees,\u201d Unity told Polygon in a statement. \u201cBefore and throughout the investigation, Evans had multiple opportunities to share her concerns about her experiences at the company through confidential and objective mechanisms, yet never did. We take these issues seriously at Unity, just as we did when we learned about concerns involving Evans. We do not tolerate harassment, and we have policies in place to address relationships in the workplace.\u201d Evans is not alone in alleging sexual harassment in the games industry. Last month, past and present NetherRealm Studios workers claimed the company enables toxic work conditions and misogynistic conduct among male staff. Webster University\u2019s game design head, Professor Joshua Yates, was also accused of sexual misconduct toward students last month. Meanwhile, the games industry remains critical of both YouTuber Nick Robinson and GaymerX founder Matt Conn, who both remain in the games industry despite multiple sexual harassment allegations. Unity\u2019s case isn\u2019t an outlier; rather, it\u2019s a sign of an industry problem with sexual harassment and employee mistreatment. Ana Valens Legal Unity Latest in Development Mobile gaming loyalty is key to lasting revenues Roblox says it will fight parents\u2019 lawsuit GameMaker offers free development engine access Xsolla grows digital payment services for games Web3 metaverse Avalon unveiled in new trailer 2/17/25, 12:07 Former Unity executive claims repeatedly committed sexual harassment, fostered hostile workplace - GameDaily.biz | We M\u2026 6/7 All Development Articles Latest in Publishing Insights into Bethesda\u2019s growing pains In a crowded market, Pioneers of Pagonia demo boosts fantasy game\u2019s profile How to walk away from annoying in-game monetization Epic Games Store woos third party support Game companies enact callous layoffs, amid their own competence controversies All Publishing Articles Latest in Esports Riot winds down Wild Rift esports outside of Asia PlayStation to acquire Repeat.gg Report: European esports audience to reach 92 million viewers by the end of 2020 (Newzoo) Report: Viewers watched Twitch for 1.72 billion hours in May (IDC, Esports Charts) Fullcube launches its fan engagement platform aimed at connecting game companies and fans All Esports Articles GameDaily.biz \u00a9 2025 | All Rights Reserved. About Us Contact Us Privacy Policy Terms of Service 2/17/25, 12:07 Former Unity executive claims repeatedly committed sexual harassment, fostered hostile workplace - GameDaily.biz | We M\u2026 7/7", "8259_105.pdf": "Webster U. graduate Tamsen Reed, next to a game she co-produced for the St. Louis Science Center By Danny Wicentowski May 14, 2019 at 4:39 pm Webster University Game Design Program Rocked by Complaints, Resignation More than a dozen students and a (now former) adjunct professor say Webster University's \"Games and Games Design\" program is facing a breakdown over its lead faculty member, Joshua Yates, who was the subject of a Title complaint from a female student in 2018. That student, Tamsen Reed, graduated just last weekend, earning a bachelor's degree after majoring in game design. She provided her original Title complaint to Riverfront Times, which alleges that Yates was \"bragging to other students that [Reed] was coming on to him.\" Reed says other students told her about Yates' inappropriate comments. Her complaint included screengrabs of their reports, which included Yates asking them if Reed was the type of student who would have sex with a professor for a good grade. Yet even though Reed complained to the university in May 2018, providing documentation and lining up witnesses, she says it failed to act. Last Thursday, days before Webster's commencement ceremony, Reed and her supporters released a packet of statements covering more than 60 pages of complaints about Yates. Tweeting out a link to the material, Reed wrote that she had chosen to go public \"in the spirit of the #RiotWalkout,\" referencing a mass employee protest at Los Angeles-based Riot Games last week over allegations of a workplace abuses and enforced arbitration. In the spirit of the #RiotWalkout think it's time to speak about my experience with the #WebsterUniversity game design program. @websterpres hope you're listening. \u2014 Tamsen Reed \ud83c\udf93 (@tamsencreed) May 10, 2019 The next day, Webster adjunct assistant professor and St. Louis video game maker Rob Santos announced that he was resigning in support of students like Reed. He publicly blasted the \"predatory academic misconduct in the #gamedev program am resigning from @websteru to join students/faculty in protesting sexual harassment and predatory academic misconduct in the #gamedev program. Please share our stories which can be found at @websterpres these students deserved better. It\u2019s not too late. pic.twitter.com/VjQdXKvBU8 \u2014 RobMSantos (@RobMSantos) May 11, 2019 Title complaints use as their base a 1972 federal civil rights law prohibiting sex discrimination in education programs receiving federal funding. Title implementation is a highly fraught subject for universities. Schools in Missouri and across the country have been blasted not only by victims \u2014 who often encounter a lack of transparency and accountability from officials \u2014 but also those accused of violations, who must defend themselves in a system that doesn't provide the due process rights of regular criminal courts. But while many Title complaints focus on student-to-student interaction, Reed's is directed at the professor running the department she just graduated from \u2014 and the inappropriate conversations he had about her with other students. In one text exchange included in Reed's complaint, a student told Reed that her professor's interest in her had been \"a topic of discussion for a few weeks,\" and that Yates had asked the class if Reed was \"trying to flirt\" with him. In a second text exchange, a different student told Reed that Yates had \"built up an extremely stupid idea that you were possibly trying to seduce him,\" and that the professor had presented the in-class discussions about her as a \"form of defense\" just in case she later filed a Title complaint against him. After filing the complaint, Reed was taken out of her class with Yates and placed in another class with a different professor, Santos, who is now joining her protest. Beyond taking that action, though, Reed says Webster's Title office has stopped responding to her emails requesting updates on its investigation. Yates, Reed says in an interview, \"skeeved me out from the beginning.\" As a screenshot of a text Tamsen Reed received from a student in one Yates' classes. result, she says, the two \"had very limited contact\" outside the classroom. She says there was no attempted seduction between them. Instead, Reed says she learned of her professor's fascination with her from students taking his other classes. During one particularly uncomfortable moment, she says she was on a first date with one of Yates' interns when the young man remarked, \"Oh, you're the one that Yates was bragging about coming onto him Michigan native, Reed says that she enrolled in Webster's video game design program after meeting a school representative at a local college fair. Admission, she adds, came with \"a good scholarship,\" and despite the non- traditional major, it prompted her to make the move to St. Louis. Launched in 2014, video-game design is a relatively new major at Webster degree in the field offers no guarantee for employment in an industry where such degrees remain rare, and where game developers expect prospective employees to posses specific technical skills and a serious portfolio. It's also an industry with a longstanding sexism problem was aware of what it meant to be a woman joining the industry,\" Reed says now braced myself for the impact of being undervalued and being sexually harassed, but didn't think it would be so soon expected to at least join the industry before it happened.\" The public complaints from Reed and thirteen other students go beyond Yates' alleged statements about Reed. In written statements, multiple students describe Yates broadly as an incompetent game designer and uninterested educator who refused to teach the skills required to complete his assignments. One student, Patrick Rausch, concluded his letter with a plea to Webster: \"Please start giving a damn about the game majors. Stop giving us false hope for new hardware, facilities, and people who know what they are doing. We deserve a quality education too.\" Reached by email, Yates declined to comment on Reed's Title complaint, writing, \"Those proceedings are confidential and will not breach the confidentiality of any party, nor address any questions pertaining to those proceedings.\" He referred questions about his teaching performance to Webster. In addition to Santos, Lisa Brunette, a visiting assistant professor who worked alongside Yates in the video game design program from 2017 to 2018, has thrown her support behind the student protest. Brunette's statement described a \"toxic culture\" at Webster that gave cover to Yates' incompetence. Santos, who resigned Friday, wrote that he became alarmed after encountering students taking Yates' classes and realizing they were \"seniors in a games design program who have never coded before.\" And for those students who did have game design skills, Yates purportedly had other plans. Among the students complaining are those who worked at Yates' company, Accordion Games. An anonymous Webster student gave Tamsen a redacted contract that includes clauses for non-competition and non- disparagement, and a provision requiring the student employee to devote \"substantially all of his business time\" to company work. In an email, Yates says that \"Accordion Games was registered with the University and authorized to provide for-credit internship opportunities for students.\" He adds, \"No students were ever requested to sign a contract at any time as part of the internship program.\" Rausch, the Webster student who wrote about wanting Webster to \"give a damn\" about the game design program, tells a different story. When Rausch sought work as Yates' student intern, he claims the professor \"insisted sign [a contract] on several occasions,\" saying, \"He did in fact ask me to come by and sign paperwork in his office which did not, because knew it was a shitshow.\" Reed provided with text messages from two other students she said had been Yates' interns. Both wrote that they signed contracts with Accordion Games. It wasn't just the contracts that raised concerns for students. As a professor, Santos says he monitored Yates' student employees; he claims that none were ever paid and that Yates repackaged student work as his own. In his emailed response to RFT, Yates did confirm that the company's game GloGo began as a student project. Yates writes, however, that he published the game at the behest of the student creator, and that while he has offered the creator compensation \"from the few sales that the game made... they have refused to accept their royalty payments at this time.\" In response to RFT's request for comment, Webster University spokesman Patrick Giblin responded Tuesday evening by addressing only the most general details of the controversy, writing, \"Webster University is committed to providing a safe and productive learning environment free from unlawful discrimination of any kind.\" As for Reed's allegations of sexual harassment, Giblin notes that the school is bound by confidentiality laws and cannot comment on the Title process. He says, \"The University takes the recent allegations regarding its Title procedures very seriously and has engaged an independent investigator to examine the merit of these claims.\" Although Giblin did not address Yates' teaching performance, the statement implied the school recognizes the array of complaints raised against Yates. \"The University is investigating all related allegations,\" Giblin wrote, and added that Webster \"will continue to maintain its strong commitment to providing an educational environment that fosters open and individualized learning experiences for all its students.\" Editor's note previous version of this story referred incorrectly to Patrick Rausch's involvement with Joshua Yates' internship. Rausch looked into it, but did not ultimately sign on as an intern. We regret the error. Follow Danny Wicentowski on Twitter at @D_Towski. E-mail the author at Danny.Wicentowski@RiverfrontTimes.com Sign up for our weekly newsletters to get the latest on the news, things to do and places to eat delivered right to your inbox. Follow us on Facebook, Twitter and Instagram. St. Louis Metro News Webster University Tamsen Reed Joshua Yates Rob Santos Tags: Danny Wicentowski writers review each profile independently. The editorial team does not handle advertising or affiliate revenue. Our writers neither know how stories are monetized, nor do they receive any commission. Jane\u2019s Addiction Sobers Up, Cancels Tour Ambulance Hits Cyclist, Then Takes Him To Hospital Before Slapping Him With The Bill For The Ride Tower Grove Park Fires Staffer Amid Toxic Workplace Accusations Sheriff Vernon Betts Says the Is Getting St. Louis All Excited Instead, we pay them for their work. We do not engage in pay-for-play and accounts we review do not have input into our final story Moonlight Ramble Will Return to St. Louis This August After Year's Hiatus By Sarah Fenske By Davis and Writers Sep 18, 2024 By Davis and Writers Nov 15, 2024 By Kallie Cox Apr 25, 2024 | By Ryan Krull Apr 22, 2024 News Things to Do Food & Drink Best Of St. Louis St. Louis Guides After Dark Music Movies Reeferfront Times All material \u00a9 2025 Riverfront Times, St. Louis, MO. All rights reserved. Calendar Submission Guidelines Privacy Policy Terms & Conditions"} |
8,834 | Sam Weller | Columbia College - Chicago | [
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] | {"8834_101.pdf": "The Sideshow Magician Who Inspired Ray Bradbury\u2014Then Vanished Experts have been unable to verify the existence of Mr. Electrico, whose 1932 electric chair act supposedly affirmed the young author\u2019s interest in writing Erik Ofgang History Correspondent March 9, 2023 2/17/25, 12:08 Who Was Mr. Electrico, the Sideshow Magician Who Inspired Ray Bradbury\u2014Then Vanished? | Smithsonian 1/15 Bradbury's encounter with Mr. Electrico \u201creally started him on his quest to become a writer, which was essentially a quest to become immortal,\u201d says Jason Aukerman. Illustration by Meilan Solly / Photos via Newspapers.com, Wikimedia Commons and the Internet Archive under public domain In 1932, a sideshow magician known only as Mr. Electrico disappeared into the American heartland. The only evidence of the performer\u2019s existence was a memory shared by the acclaimed science fiction writer Ray Bradbury, who credited a strange, seemingly mystical encounter with Mr. Electrico with changing his life. Bradbury was 12 years old when his uncle, Lester Moberg, was murdered during a robbery gone wrong in October 1932. As the young Bradbury grappled with his own \uf39e \ue61b \uf08c \uf1a1 \uf232 \uf265 \uf02f \uf0e0 2/17/25, 12:08 Who Was Mr. Electrico, the Sideshow Magician Who Inspired Ray Bradbury\u2014Then Vanished? | Smithsonian 2/15 1959 photograph of Ray Bradbury Public domain via Wikimedia Commons mortality, he was drawn to a Chicago-area performance by Mr. Electrico, who was traveling the country with a visiting circus. According to a 1980 essay by Bradbury, the magician sat with a sword in hand on an electric chair. Zapped with somewhere between 50,000 and 10 billion volts of electricity (the number changes depending on the retelling), his hair stood on end, and sparks leapt between his teeth. Then, Bradbury wrote, he stood and \u201cbrushed an Excalibur sword over the heads of the children, knighting them with fire. When he came to me, he tapped me on both shoulders and then the tip of my nose. The lightning jumped into me. Mr. Electrico cried, \u2018Live forever!\u2019\u201d The next day, Bradbury attended his uncle\u2019s funeral. Afterward, he returned to the circus, where he met with Mr. Electrico. The magician revealed that he was a former minister and introduced Bradbury to some of the other sideshow performers. Several would later inspire characters in the author\u2019s work, including the Illustrated Man. \u201cWe\u2019ve met before,\u201d Mr. Electrico told Bradbury. \u201cYou were my best friend in France in 1918, and you died in my arms in the Battle of the Ardennes Forest that year. And here you are, born again, in a new body, with a new name. Welcome back few weeks after his encounter with Mr. Electrico, the young Bradbury wrote his first short stories, a series of compositions about the planet Mars. \u201cFrom that time to this, 2/17/25, 12:08 Who Was Mr. Electrico, the Sideshow Magician Who Inspired Ray Bradbury\u2014Then Vanished? | Smithsonian 3/15 have never stopped,\u201d Bradbury later recalled. \u201cGod bless Mr. Electrico, the catalyst, wherever he is.\u201d The meeting \u201creally started him on his quest to become a writer, which was essentially a quest to become immortal,\u201d says Jason Aukerman, director of the Ray Bradbury Center in Indianapolis had heard of Mr. Electrico before, but it was only in spring 2020, at the height of the Covid-19 pandemic, that the tale of a boy commanded to \u201clive forever\u201d by a sideshow \u201cprophet\u201d took on a new resonance. As a part-time magician myself was particularly intrigued Googled the performer, hoping a grainy clip of his show had been uploaded to YouTube. Instead learned that in the decades since Bradbury first told this story publicly in 1952, no one, including journalists and scholars of the late author, had been able to find any concrete trace of him. \u201cYou\u2019re sniffing around the holy grail of Ray Bradbury scholarship,\u201d Aukerman told me in November 2022. \u201cSo many other stories from Bradbury\u2019s life and past are things that we can verify through letters or through affirmations of family members.\u201d The Mr. Electrico encounter, however, has no corroborating witnesses or documents. And Bradbury, who died in 2012 at age 91, wasn\u2019t always the most reliable narrator. The writer claimed, for instance, to be able to remember his own birth. He wasn\u2019t above small embellishments. When sharing anecdotes, \u201cBradbury\u2019s strong sense of suggestion often [readjusted] the timelines to emphasize the wonder of it,\u201d writes Jonathan R. Eller, co-founder of the Ray Bradbury Center, in Becoming Ray Bradbury. 2/17/25, 12:08 Who Was Mr. Electrico, the Sideshow Magician Who Inspired Ray Bradbury\u2014Then Vanished? | Smithsonian 4/15 1935 photograph of the Hagenbeck-Wallace Circus Public domain via Wikimedia Commons Sam Weller, who researched Mr. Electrico extensively while writing the author\u2019s 2006 authorized biography, The Bradbury Chronicles, found a hall of mirrors worth of inconsistencies and dead ends former tenured professor at Columbia College, Weller was dismissed in summer 2022 for violating the school\u2019s sexual harassment policies.) Bradbury always said he saw Mr. Electrico perform on Labor Day weekend in 1932, after his uncle\u2019s death. But Moberg was shot more than a month later, on October 17. He died from his wounds on October 24. When Weller confronted Bradbury with this discrepancy, the author couldn\u2019t explain it. The Labor Day connection had passed into family lore, with other relatives similarly misremembering the date of his death. 2/17/25, 12:08 Who Was Mr. Electrico, the Sideshow Magician Who Inspired Ray Bradbury\u2014Then Vanished? | Smithsonian 5/15 Moberg died on a Monday, but could find no reference to a sideshow or circus performance in Bradbury\u2019s hometown of Waukegan, Illinois, either the weekend before or after his death. Seven weeks earlier, in the lead-up to Labor Day weekend, the Waukegan News-Sun was full of references to the arrival of both the Hagenbeck- Wallace Circus and the Downie Brothers Circus magician named Ralph Redden performed with the Downie Brothers\u2019 sideshow in 1932, but there is no mention of him performing an electric chair act. Bradbury always said Mr. Electrico had not performed with either circus, instead appearing in the Dill Brothers Combined Shows. Unfortunately, no definitive proof of this enterprise exists. Bradbury insisted the similar-sounding Sam B. Dill\u2019s Circus, which was active during the era, was not the circus he meant. Weller found reference to an American Legion Festival held in Waukegan on Labor Day weekend that included an unnamed carnival. He concluded it was likely at this carnival that Bradbury witnessed the life-changing performance. But details of the festival are scant. After many late nights spent looking at old newspaper archives began to wonder if the whole story had been dreamed up by Bradbury. Then spoke with my friend Stephen Olbrys Gencarella, a folklorist at the University of Massachusetts Amherst. He told me about Walford Bodie, a Scottish magician sometimes referred to as the \u201celectric wizard.\u201d In the early 1900s, Bodie performed an electric chair act that sounded eerily similar to what Bradbury had described. He also made controversial claims that he could use electricity to perform \u201ccures\u201d during his shows. Scholars have no reason to believe Bodie, who died in 1939, performed in Waukegan around the time Bradbury remembered seeing Mr. Electrico. But the magician was tremendously popular. He was friends with Harry Houdini, and Charlie Chaplin once performed a spoof of his act. Bodie was far from the only electric chair performer active around the turn of the 20th century. Like the sawing-in-half illusion, electric chair acts were primarily 2/17/25, 12:08 Who Was Mr. Electrico, the Sideshow Magician Who Inspired Ray Bradbury\u2014Then Vanished? | Smithsonian 6/15 Walford Bodie Public domain via Wikimedia Commons performed by scantily clad women. These \u201celectric girls\u201d often used stage names such as Miss Electra or Miss Electricia. In other words, the performer Bradbury had seen apparently used a masculine version of a common female stage name. The spiritual overtones that had so inspired the author were also a common part of the act. \u201cElectrical wonder workers,\u201d as they were sometimes called, first appeared in the 1840s, says Fred Nadis, author of Wonder Shows: Performing Science, Magic and Religion in America. In the early days of these acts, performers gave audience members shocks and created small sparks with devices that stored static electricity. They promised both thrills and, in many cases, electricity-based cures. Over time, these presentations became more elaborate. In the 1890s, Nikola Tesla hosted a series of well-publicized demonstrations on the safety of alternating currents, letting hundreds of thousands of volts pass through his body while remaining unharmed. Around that same time, electricity received a publicity boost of a diferent kind, with convicted murderer William Kemmler becoming the first person to be executed by the electric chair. Variations on the electric chair soon moved to vaudeville and sideshow stages, where they were utilized as a performance prop by Bodie and others. The act became more common after magic shops began selling instructions for making the necessary device out of the engine of a Model Ford. 2/17/25, 12:08 Who Was Mr. Electrico, the Sideshow Magician Who Inspired Ray Bradbury\u2014Then Vanished? | Smithsonian 7/15 2/17/25, 12:08 Who Was Mr. Electrico, the Sideshow Magician Who Inspired Ray Bradbury\u2014Then Vanished? | Smithsonian 8/15 2/17/25, 12:08 Who Was Mr. Electrico, the Sideshow Magician Who Inspired Ray Bradbury\u2014Then Vanished? | Smithsonian 9/15 Photos from a 1913 magazine article about the sideshow performer Electrice Popular Electricity and the World's Advance In 1911, a performer known by the stage name Mademoiselle Electra revealed how the effect worked in the pages of Popular Electricity magazine. \u201cWe finish our act by demonstrating the electric chair, showing the high voltage jumping to the helmet, while pieces of cloth are ignited from all parts of the body, the audiences seeing the sparks jumping fully four inches,\u201d she said. Though the experience could be painful, the performer avoided actual electrocution, as the chair utilized high voltage (a measure of electric pressure) but low amperage (the rate at which a current flows through a circuit). Tim Cockerill, a zoologist at Falmouth University in England, is also a magician who has performed both traditional sideshow electric chair acts and more technologically advanced high-voltage illusions. \u201cThe old saying is that it\u2019s the volts that give the jolts, but it\u2019s the amps that kill you,\u201d he explains. \u201cEssentially, we insulate ourselves from the ground, and that allows these hundreds of thousands of volts to pass through our body. It\u2019s so much that the electricity is just trying to escape our bodies, and that's where we have sparks coming from the fingers sometimes.\u201d If performers touch anything that\u2019s grounded, however, \u201cthat would be instant death.\u201d The physics of why the act works remain poorly understood. \u201cThere\u2019s a thing that some physicists talk about called the skin effect, which is where because of the frequency of the electricity, it passes over the surface of your body rather than going through the middle of your body,\u201d Cockerill says. \u201cBut then other physicists have done calculations to say, \u2018Well, no, that shouldn\u2019t even work in theory.\u2019\u201d Austin Richards, who performs a spectacular modern electricity act under the stage name Doctor MegaVolt, believes humans are fascinated by electricity on a primordial level. 2/17/25, 12:08 Who Was Mr. Electrico, the Sideshow Magician Who Inspired Ray Bradbury\u2014Then Vanished? | Smithsonian 10/15 \u201cElectricity is an elemental force,\u201d he says think of it as the fifth element: air, earth, fire, water, and electricity or lightning. People have worshipped it for thousands of years.\u201d Richards adds that humans and animals have an instinctual fear of electricity because lightning is so dangerous\u2014a fear that, paradoxically, draws audiences to electric chair acts. (According to the Centers for Disease Control and Prevention, an average of 28 people in the United States die from lightning strikes each year.) In the early 1900s, these acts seemed even more impressive. \u201cWe\u2019re so used to electricity in our lives that think we forget just how much of a strange and mysterious force this was,\u201d Cockerill says. \u201cIt was really genuinely magical.\u201d Richards, in character as Doctor Megavolt, performs at Burning Man in 2011. Photo by Eli Reiman William Lindsay Gresham\u2019s 1946 novel, Nightmare Alley, finds protagonist Stanton Carlisle convincing his girlfriend, who performs as Mamzelle Electra, to help launch a 2/17/25, 12:08 Who Was Mr. Electrico, the Sideshow Magician Who Inspired Ray Bradbury\u2014Then Vanished? | Smithsonian 11/15 hoax act in which they claim to commune with the dead. Thinking about this and electric chair acts\u2019 historic association with extraordinary claims reflected back on Mr. Electrico\u2019s conversation with Bradbury. \u201cWe\u2019ve met before,\u201d the magician had said. \u201cYou were my best friend in France in 1918, and you died in my arms wondered if Mr. Electrico had indeed felt a genuine connection or whether this sentiment was just part of the act. Either way, his words sounded exactly like something an electric wonder worker might say, as did his command during the show for the young Bradbury to \u201clive forever.\u201d Bradbury scholars Eller and Aukerman both unequivocally believe that Mr. Electrico was real. \u201cKnowing what know of Bradbury, it seems very unlikely that he would make up this myth,\u201d Aukerman says. 2/17/25, 12:08 Who Was Mr. Electrico, the Sideshow Magician Who Inspired Ray Bradbury\u2014Then Vanished? | Smithsonian 12/15 1911 magazine article by Mademoiselle Electra Popular Electricity and the World's Advance agree, even if I\u2019m unsure of when or where Bradbury\u2019s encounter with him happened found many references to electric girls scattered across digital archives. One Miss Electricia who was sick of the carnival lifestyle made headlines in 1948 after fatally shooting her boyfriend, allegedly by accident. Another was billed as the \u201cgirl who tames electricity and flirts with death also found an occasional man performing the act after Bodie. But if any were billed as Mr. Electrico or performed in Waukegan in the early 1930s, they left few records of 2/17/25, 12:08 Who Was Mr. Electrico, the Sideshow Magician Who Inspired Ray Bradbury\u2014Then Vanished? | Smithsonian 13/15 Ray Bradbury in 1975 Alan Light via Wikimedia Commons under 2.0 it behind. \u201cMr. Electrico might have been five different people or ten different people,\u201d Cockerill says. \u201cThese performers were [working] in an era where not everything was documented. They might have been doing it for a couple of years in this grimy, grungy world of the sideshow, and \u2026 there may be no records that exist.\u201d While researching this story reread Bradbury\u2019s 1962 novel, Something Wicked This Way Comes. Among the works most directly impacted by Bradbury\u2019s meeting with Mr. Electrico, it features a character who goes by that name, recast as a villain in an ominous traveling carnival. The novel is set in Green Town, Illinois, Bradbury\u2019s frequent fictional stand-in for Waukegan. Near its start, two boys find a pamphlet advertising the arrival of Cooger and Dark\u2019s Pandemonium Shadow Show, featuring Mr. Electrico. They\u2019re surprised that a carnival is scheduled for October. \u201cAll carnivals stop after Labor Day,\u201d one boy says. Yet the carnival does in fact arrive after Labor Day\u2014on October 24, the very same day Bradbury\u2019s uncle Moberg died. Bradbury never mentioned that date in connection with his uncle\u2019s death, instead insisting Moberg died a month earlier. Other family members also believed this wondered if the date had slipped subconsciously into Bradbury\u2019s psyche or, far less 2/17/25, 12:08 Who Was Mr. Electrico, the Sideshow Magician Who Inspired Ray Bradbury\u2014Then Vanished? | Smithsonian 14/15 likely, if it had been an intentional reference, a final bit of sleight of hand by the master storyteller. I\u2019d like to believe the latter, however unlikely. Get the latest History stories in your inbox. Email Address First Name Last Name Email Address Email Powered by Salesforce Marketing Cloud (Privacy Notice / Terms & Conditions) Erik Ofgang Erik Ofgang is the co-author of The Good Vices: From Beer to Sex, The Surprising Truth About What\u2019s Actually Good For You and the author of Buzzed Guide to New England's Best Craft Beverages and Gillette Castle History. His work has appeared in the Washington Post, the Atlantic, Thrillist and the Associated Press, and he is the senior writer at Tech & Learning magazine. Filed Under: American History, American Writers, Books, Circus, Electricity, Literature, Magic, Mysteries, Performing Arts, Science Fiction, Writers Sign Up 2/17/25, 12:08 Who Was Mr. Electrico, the Sideshow Magician Who Inspired Ray Bradbury\u2014Then Vanished? | Smithsonian 15/15", "8834_102.pdf": "Hold Sam Weller accountable Started 17 February 2022 Petition to Columbia College Chicago Victory This petition made change with 4,331 supporters! Share this petition Why this petition matters Started by Madeline Humphreys The community of Columbia College Chicago is calling for the dismissal of professor Sam Weller. Back in December of 2020 it was brought to the colleges attention that Sam Weller had Petition details Comments 2/17/25, 12:08 Petition \u00b7 Hold Sam Weller accountable - Chicago, United States \u00b7 Change.org 1/3 manipulated, abused, and sexually assaulted a coworker at the college by the name of Cara Dehnert. Dehnert\u2019s statement is posted here not-supposed-to-happen-to-me-another-metoo-story-ba4ac14c4d2c . In 2020 she went to Columbia College Chicago\u2019s human resources department about what happened to her and when asked what she wanted to happen she responded with want for this never to happen again to anyone else\u201d. From there Columbia College Chicago didn\u2019t do anything to Dehnert\u2019s knowledge and to anyone else at the colleges knowledge. Sam Weller is still a professor at Columbia college Chicago and has been still teaching in the two years since Dehnert went to the school about this. Columbia has let him teach young minds while knowing he manipulated, abused, and sexually assaulted another professor. This is why we are calling for his termination. Share this petition in person or use the code for your own material. Download Code Report a policy violation Decision-Makers Columbia College Chicago Change.org Other Hold Sam Weller accountable Company About Impact Careers Team Community Blog Community Guidelines Share this petition 2/17/25, 12:08 Petition \u00b7 Hold Sam Weller accountable - Chicago, United States \u00b7 Change.org 2/3 Support Help Guides Privacy Terms Cookie Policy Manage Cookies Connect Twitter Facebook English (United Kingdom) \u00a9 2025, Change.org This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2/17/25, 12:08 Petition \u00b7 Hold Sam Weller accountable - Chicago, United States \u00b7 Change.org 3/3", "8834_103.pdf": "Pixel Scroll 11/10/24 Pixel Day Keeps The Doctor Away. But Who Wants That? Posted on November 10, 2024 by Mike Glyer (1 TALE. Sam Weller recalls Ray Bradbury\u2019s work scripting Moby Dick (1956) in \u2026 Am Herman Melville!\u201d at Los Angeles Review of Books. \u2026The next night, Bradbury met Huston in his suite at the Beverly Hills Hotel. The fateful encounter was one of Bradbury\u2019s favorite stories to tell walked into his room.\u201d Bradbury recalled. \u201cHe put a drink in my hand. He sat me down and he leaned over and said, \u2018Ray, what are you doing during the next year?\u2019\u201d When Bradbury imitated Huston, he assumed a rough, throaty baritone said, \u201cNot much, Mr. Huston. Not much.\u201d And he said, \u201cWell, Ray, how would you like to come live in Ireland and write the screenplay of Moby Dick?\u201d And said, \u201cGee, Mr. Huston, I\u2019ve never been able to read the damn thing.\u201d He\u2019d never heard that before and he thought for a moment and then he said, \u201cWell, I\u2019ll tell you what, Ray. Why don\u2019t you go [home] tonight, read as much as you can, and come back tomorrow and then tell me if you\u2019ll help me kill a white whale.\u201d Bradbury was stunned. He went home and told his wife, \u201cPray for me.\u201d Maggie Bradbury, accustomed to her husband\u2019s hyperbole, responded, \u201cWhy?\u201d And he said: \u201cBecause I\u2019ve got to read a book tonight and do a book report tomorrow.\u201d\u2026 \u2026The next day, Bradbury agreed to write the screenplay. It had been quite a run. In just over a week, he had finished Fahrenheit 451 and agreed to work with his movie File 770 Mike Glyer's news of science fiction fandom 2/17/25, 12:08 Sam Weller | File 770 1/91 hero, adapting one of the most challenging works of American literature into a two- hour film. Bradbury signed a 17-week contract earning $650 a week plus living expenses, a king\u2019s ransom for a man who, less than a decade earlier, had earned his stripes writing for pulp magazines that paid $40 or $50 per story\u2026 (2 2025 FABRICS. Next year\u2019s Worldcon is taking a page from Glasgow 2024\u2019s playbook. Glasgow had a custom tartan that was designed, registered, and woven just for them. Now Seattle Worldcon 2025 has a Spoonflower shop with a selection of fabrics in their colors and using their logos, motifs, and characters. Below is an example of one of the patterns available. (3 ANYBODY? The has posted a collection of Neil Slavin photographs: \u201cTrekkies to twins: Eight photos of the quirkiest groups in 70s and 80s US\u201d. Image can be viewed at the link. The Star Trek Convention (1972-5) The Star Trek convention, in Brooklyn, New York, was a trickier affair don\u2019t think it has heart,\u201d says Slavin, typically forthright. With the wrestlers, \u201cthe pulse is very obvious,\u201d he maintains, but this group, which met annually to exchange memorabilia and keep the memory of the original series of Star Trek alive, was much harder to penetrate. \u201cIt was [just] people dressing up,\u201d he shrugs. \u201cThey don\u2019t really know each other. They didn\u2019t come together and have the kind of energy that would have changed the dynamic. Their concern is purely looking at the camera and being some character that they weren\u2019t.\u201d He nevertheless considers the photograph a success. \u201cIt shows the sociological cracks,\u201d he says. \u201cThey need to be together, but they\u2019re together apart.\u201d (4 EXHIBIT. [Item by Steve French.] If folk happen to be in London: \u201cWhat Makes the Dark, Whimsical World of Tim Burton So Compelling?\u201d in Smithsonian Magazine. 2/17/25, 12:08 Sam Weller | File 770 2/91 An immersive ode to Hollywood\u2019s goth king has arrived in London. In a new exhibition at the Design Museum, visitors can view Tim Burton\u2019s early artworks, as well as sketches and costumes from Corpse Bride(2005), Beetlejuice (1988), Edward Scissorhands (1990) and more. \u201cIt\u2019s a strange thing, to put 50 years of art and your life on view for everyone to see, especially when that was never the original purpose,\u201d says Burton in a statement. (5 STREAMERS. JustWatch has shared their Top 10 sf streaming lists for October 2024. Not what would have predicted! 2/17/25, 12:08 Sam Weller | File 770 3/91 2/17/25, 12:08 Sam Weller | File 770 4/91 (6 PROFITABLE. \u201cPeter Cushing Becomes Latest Icon To Be Given Resurrection In Sky Hammer Films Doc\u201d reports Deadline. Fans of Peter Cushing are in for a Halloween treat, with the iconic Frankenstein star the latest to be resurrected by AI. 2/17/25, 12:08 Sam Weller | File 770 5/91 In Hammer: Heroes, Legends and Monsters, a Sky doc airing [on Halloween], viewers will be treated to a \u201cpowerful and poignant reveal of Hammer royalty,\u201d Sky said, with what is being described as a \u201cspecial homage\u201d to Cushing. Cushing, who died in 1994, played Doctor Van Helsing in five Dracula films and Baron Frankenstein in six movies from that franchise. He will be the latest celebrity given the resurrection treatment. Yesterday, the doc\u2019s producer Deep Fusion Films unveiled a \u201cworld first\u201d podcast hosted by a replica of the late chat show presenter Michael Parkinson\u2026. \u2026This isn\u2019t the first time Cushing has been resurrected. His likeness was revived as Grand Moff Tarkin for 2016\u2019s Rogue One Star Wars Story and a high court legal battle over the use of the image was recently ruled by a judge to go to trial. Ben Field, who runs Deep Fusion, said the Hammer doc resurrection has secured all necessary permissions. The decision to resurrect Cushing is \u201ctied to his significance to the Hammer legacy,\u201d he added. \u201cAs a figure central to Hammer\u2019s success, Cushing\u2019s presence is crucial to telling the story authentically,\u201d he added\u2026. (7 LANE. [Written by Cat Eldridge.] Anniversary, November 10, 1966 \u2014 Star Trek\u2019s \u201cThe Corbomite Maneuver\u201d Fifty-eight years ago this evening, \u201cThe Corbomite Maneuver\u201d first aired. It was the tenth episode of the first season, and it was written by Jerry Sohl who had previously written for Alfred Hitchcock Presents, The Outer Limits, The Invaders, and The Twilight Zone. (His other Trek scripts were \u201cWhom Gods Destroy\u201d and \u201cThis Side of Paradise\u201d.) It was the first episode filmed in which Kelley played Dr. Leonard McCoy, Nichols played Lt. Uhura and Whitney played Yeoman Rand, though we first saw them on the air in \u201cThe Man Trap\u201d. Clint Howard, brother of Ron Howard, played the alien Balok but he didn\u2019t voice him \u2014 Walker Edmiston provided that. Ted Cassidy, who was the Gorn in \u201cArena\u201d and the android Ruk in \u201cWhat Are Little Girls Made Of?\u201d voiced the Balok puppet. The Balok puppet itself was designed by Wah Chang, who, among other things, shared an academy award for the Time Machine prop in Pal\u2019s movie of the same name. Cool fact: Chang is responsible for the Pillsbury dough boy. Any resemblance to Balok is probably accidental. So did critics like it at the time? No idea as can\u2019t find any contemporary reviews of it anywhere even on Rotten Tomatoes though media critics now love it as most put it in their top twenty of all of the Trek series episodes. 2/17/25, 12:08 Sam Weller | File 770 6/91 It was nominated for a Hugo at NyCon 3, the year that \u201cThe Menagerie\u201d won. \u201cThe Naked Time\u201d was also nominated that year. It is, of course, streaming on Paramount+. (8 BIRTHDAY. [Written by Cat Eldridge.] November 10, 1982 \u2014 Aliette de Bodard, 42. Let\u2019s start with Aliette de Bodard\u2019s oh-so- excellent Xuya Universe series which is my go-to fiction by her. It started with \u201cThe Lost Xuyan Bride\u201d, which you can read on her website can\u2019t begin to even count the number of shorter stories here say shorter as isn\u2019t everything a story, but she\u2019s written a very large number of them. 2/17/25, 12:08 Sam Weller | File 770 7/91 Aliette de Bodard My favorites? \u201cThe Shipmaker\u201d which garnered a BSFA; Hugo-nominated \u201cOn a Red Station, Drifting\u201d which I\u2019ve reread at least three times because it\u2019s so good; \u201cThe Citadel of Weeping Pearls\u201d for its look at a ship mind; \u201cThe Tea Master and the Detective\u201d which adore; \u201cRed Scholar\u2019s Wake\u201d, another one well worth rereading; and finally \u201cThe Mausoleum\u2019s Children\u201d, another much-deserved Hugo nominee not read as deep in the Dominion of The Fallen series which leads off with the BSFA- winning House of the Shattered Wings novels, but the story of Paris in ruins because of a War between apparently Heaven and Hell is a tale worth its time. I\u2019ve only listened to the next two, both 2/17/25, 12:08 Sam Weller | File 770 8/91 are excellent, The House of Binding Thorns and The House of Sundering Flames, so cannot advise on later novels. The last series doesn\u2019t reflect her French Vietnamese culture unlike the first two. The third is Obsidian & Blood. She has the Mexica Empire teetering on the brink of destruction as the horrors the flesh-eating demons, or something they think are demons, from the stars, along with their might be goddess only held in check by the Protector God\u2019s power. So has anyone read these haven\u2019t admit that the Xuya Universe series is the only series here that follow. The characters, the setting and the story all make for a wonderful ongoing piece of fiction that look forward to seeing her continue as long as she cares to. (9 SECTION. Bizarro finally gets the distress signal. Close to Home points out the need for a specialist. Heart of the City moves into fictional cooking. Non Sequitur illustrates another version of the Big Bang. Strange Brew forgot about the short arms. Tom Gauld celebrates an advance. (10 GRIT. [Item by Steven French.] And here\u2019s another Dune: Prophecy actress answering questions: \u201cEmily Watson: \u2018You have to be a bit of an idiot to be an actor\u2019\u201d in the Guardian. You are also about to star in Dune: Prophecy, the female-led prequel to the Denis Villeneuve movies. It\u2019s set 10,000 years before the films and you play the leader of the Bene Gesserit sisterhood, Valya Harkonnen. How would you describe her? It becomes revealed through the series that she and her family have a really messed-up background. And that she is driven by a sense of vengeance about having been very deeply wronged. But she\u2019s recognisably human, and, as a young woman, you\u2019re rooting for her, because she\u2019s strong-willed and free. And Dune is a very complex moral universe, where there are no goodies and baddies, which like. It\u2019s not standing around in spandex looking dumb. (11 ANALYZED. [Item by Steven French.] The Guardian also has an interview with Olivia Williams, who was in The Postman and The Sixth Sense and stars in Dune: Prophecy, where talks about living with cancer and the use of in movies: \u201c\u2019Watch out, I\u2019m even less inhibited\u2019: Olivia Williams on movies, misogyny and living with cancer\u201d. \u2026We are here to talk about her latest role, in Dune: Prophecy, a big-budget series that is a prequel to the recent films. Williams\u2019s old friend Emily Watson stars with her, as leader of a nascent, nunlike sect of women, who have supernatural, 2/17/25, 12:08 Sam Weller | File 770 9/91 sometimes violent abilities and world-conquering ambitions. It sounds as if Williams was not immediately wowed by the prospect of joining the Dune juggernaut had my suspicions about feminist based on a novel written by a bloke in the 60s,\u201d she says. \u201cAnd there are some elements that are very based in the patriarchy. There\u2019s this fascination of, what do women get up to when men aren\u2019t around, and what kind of wisdom is it that men are frightened of? They seem frightened we can read their minds, or know when they\u2019re telling the truth or lying.\u201d\u2026 (12 Game Designer Who Wants to See Ideas He\u2019ll Hate\u201d in the New York Times (behind a paywall). Ian Dallas, the founder and creative director of the video game studio Giant Sparrow, happened to be talking about food, but his gastronomical tastes are similar to his design philosophy. \u201cI\u2019m always interested,\u201d he said, \u201cin what\u2019s the strangest, new intense experience that can have.\u201d Giant Sparrow\u2019s most recent release, What Remains of Edith Finch, is one of the more piquant fusions of narrative and game design of the past decade. What became a collection of short stories about a cursed family of storytellers living in the Pacific Northwest began as a scuba diving simulator. From the rough prototype to the finished game, Dallas strove to evoke the rush of the sublime; while searching for ways to conjure that feeling, he made one prototype after another. By the alchemy of art, he and his small team ended up with a game that uses a different mechanic for each of the stories it tells about the last day of a character\u2019s life. In one scenario, a little girl turns into a cat, an owl, a shark and a man-eating sea monster; in another, a man working at a cannery becomes lost in an internal fantasy while working over a fish-slicing machine. Dallas\u2019s approach to a project can be summed up as experimentation within a given set of parameters. He likes to tell new colleagues that he wants to see things he will hate. \u201cIf don\u2019t see ideas that include some that are just like really out there, then we\u2019re not trying hard enough,\u201d he said. What might not seem promising early on can plant the seed for inspired creativity down the line\u2026. \u2026Dallas wants his new game to help people reflect on the vastly different ways that other species experience the world. He is also interested in \u201chow many bizarre things are going on around us all the time that we aren\u2019t really aware of or thinking about.\u201d\u2026 (13 REPRISE. \u201cRay Bolger sings \u2018If Only Had Brain\u2019 to Judy Garland\u201d. Live on the Judy Garland Show, Episode 10, October 11, 1963. You\u2019ve seen the movie in color. So for 2/17/25, 12:08 Sam Weller | File 770 10/91 variety, watch them sing here in black & white! (14 INTRO. [Item by Concatenation\u2019s Jonathan Cowie.] What is the worst introduction to an book ever? Grammaticus Books thinks he has found it with the introduction to an edition collecting Robert Howard Conan stories. The introduction slams Howard and those close to him. Why? Well Grammaticus Books thinks he has the answer\u2026 It was the collection\u2019s publisher\u2019s doing\u2026. \u201cThe World\u2019s Book FOREWORD!!!\u201d Ray Bolger sings \"If Only Had Brain\" to Judy Garland Ray Bolger sings \"If Only Had Brain\" to Judy Garland The World's Book !!! The World's Book !!! 2/17/25, 12:08 Sam Weller | File 770 11/91 [Thanks to Kathy Sullivan, Teddy Harvia, Mike Kennedy, Susan de Guardiola, Andrew Porter, John King Tarpinian, Chris Barkley, Cat Eldridge Concatenation\u2019s Jonathan Cowie, and Steven French for some of these stories. Title credit belongs to File 770 contributing editor of the day Andrew (not Werdna).] Posted in Pixel Scroll | Tagged Aliette de Bodard, artificial intellgence, Dune, Grammaticus Books, Judy Garland, JustWatch, Moby Dick, Peter Cushing, Ray Bradbury, Sam Weller, Seattle 2025, Star Trek, Tim Burton, Tom Gauld, video games, Wizard of Oz | 20 Replies Pixel Scroll 8/1/22 The Scrolls Finally Busted Madame Marie For Filing Pixels Better Than They Did Posted on August 1, 2022 by Mike Glyer (1 8 8/6. Site Selection Administrator Warren Buff wrote to members today that voting for the location of both the 2024 Worldcon and the 2023 NASFiC will open August 6. Also that day there will be a session with the bidders over Zoom (Saturday, August 6, at 12:00 p.m. Central). The public is welcome to view the Zoom event, however, the committee asks that they request the link by emailing siteselection@chicon.org. Electronic/online voting will be a new option, alongside paper voting, this year. Chicon 8 has selected ElectionBuddy for this service. An explanation will be given during the session on the 6 . Members will also be provided documentation online. (2 TENSE. Here is the July 2022 entry in the Center for Science and the Imagination\u2019s Future Tense Fiction series, published this past Saturday: \u201cAll That Burns Unseen,\u201d by Premee Mohamed, a story about the future of fighting wildfires. The plane had no pilot. Vaughn, who had wandered into the cockpit to find someone to talk to, found herself more startled than shocked by this\u2014after all, her boss had said about half the flights going up to the fires were self-flown\u2014but there had certainly been a pilot when she\u2019d boarded. He must have disembarked in Cold Lake, where they had stopped so briefly that Vaughn hadn\u2019t even bothered unfastening her seat belt. Either way, the Hercules was now, undeniably, flying itself\u2026. It was published along with a response essay by Meg Duff, an expert in environmental politics and climate law. \u201cFirefighting chemicals are dangerous for the environment. Can that change?\u201d th 2/17/25, 12:08 Sam Weller | File 770 12/91 (3 OUT. Columbia College Chicago professor Sam Weller has been terminated following an investigation of accusations of sexual assault reports The Columbia Chronicle. He is a four-time Bram Stoker Award nominee for his work as a Bradbury biographer. Tenured professor Sam Weller, who was accused of sexual assault by a former faculty member in February, has been terminated by the college. In an email statement, President and Kwang-Wu Kim announced that Weller, who was an associate professor in the English and Creative Writing Department, was issued a Notice of Dismissal earlier today as a result of the investigation conducted by the law firm Mayer Brown LLP. \u201cBased on Mayer Brown\u2019s findings that Professor Weller engaged in conduct that violated the college\u2019s sexual harassment and other policies, Provost Marcella David concluded that the conduct warranted termination,\u201d the statement read. Cara Dehnert, a former associate professor of instruction in the Business and Entrepreneurship Department, accused Weller of sexually assaulting her in her office in 2018 in an article published to Medium Feb. 12. Dehnert said she spoke with Human Resources in a February 2020 meeting where she told then-Associate Vice President of Human Relations Norma De Jesus \u201ceverything,\u201d and provided texts, emails and Facebook messages between her and Weller, but never heard from Human Resources again following the meeting. De Jesus resigned from her position at the college two weeks ago on June 24\u2026. (4 can\u2019t do superheroes, but can do gods\u2019: Neil Gaiman on comics, diversity and casting Death\u201d \u2013 the Guardian profiles the Sandman creator. Here\u2019s what he thought when he started out: \u2026\u201cBear in mind, at this point I\u2019ve written and sold maybe four short stories and [comic miniseries] Black Orchid. And now I\u2019m going to have to do a monthly comic,\u201d he says. \u201cAnd have no idea whether or not can do it don\u2019t think have the engine to write a superhero comic. I\u2019ve watched what Alan Moore does, what Grant Morrison does. These guys have superhero engines, they can do them don\u2019t have that.\u201d Gaiman needed another way in, and it came via a science-fiction author. \u201cRoger Zelazny did a book called Lord of Light, where he did science-fictional gods who feel like superheroes,\u201d says Gaiman. \u201cIt\u2019s set in a world in the future where a bunch of space explorers have given themselves the powers of the Hindu pantheon thought can\u2019t do superheroes, but could do god comics bet could get that kind of feeling to happen, and it might feel enough like a superhero comic to fool people.\u201d\u2026 2/17/25, 12:08 Sam Weller | File 770 13/91 (5 TEST. Mohanraj and Rosenbaum Are Humans podcast episode 39 is about \u201cTed Chiang and the Metrics of Personhood\u201d. Surprise! It\u2019s a bonus season 1 episode we\u2019ve been keeping on the back burner! Ted Chiang comes onto the show to have a discussion with Ben about what it means to be a person, whether Alan Turing\u2019s test for artificial intelligence still holds up, and the persistent themes of parenting and religion in Chiang\u2019s work. Content warning for a potentially ableist use of a congenital disease as an example of the theological problem of innocent suffering. (6 BEGINS. \u201cPenguin Random House Acquisition Case Goes to Court\u201d \u2013 an update from Publishing Perspectives. It was on November 25, 2020, when it was announced that Penguin Random House\u2018s parent company Bertelsmann had struck a deal to buy Simon & Schuster for US$2.175 billion. And it was nine years and a month ago\u2014July 1, 2013 \u2014when another merger was completed, the one that brought Penguin and Random House together. Oral arguments are scheduled to begin today (August 1) in the antitrust suit filed by the United States Department of Justice, a case with which the government proposes to block the merger of and S&S. The case, being heard by Judge Florence Pan at Washington\u2019s District Court for the District of Columbia (the Prettyman Courthouse), brings home the fact that those who object to consolidation among the book business\u2019 biggest players aren\u2019t wrong that things actually are moving quite quickly. These two major inflection points are occurring in under a decade. That\u2019s one reason that this American antitrust trial has a lot of interest for our international readership, of course. The case in Washington is focused on Penguin Random House as the States\u2019 biggest publisher and Simon & Schuster as one of PRH\u2019s sisters in the \u201cBig Five\u201d\u2014which could become the \u201cBig Four,\u201d if Bertelsmann and Penguin Random House are successful the bid to buy S&S. These industry-leading companies, however, have profound presence in many markets of world publishing, and so, in fact, does an issue on which the government\u2019s case turns very heavily: author compensation. Author Stephen King is expected to testify at Tuesday\u2019s session: \u201cStephen King is star witness as government tries to block publishing giants\u2019 merger\u201d reports the Portland Press Herald. \u2026 The government\u2019s star witness, bestselling author Stephen King, is expected to testify at Tuesday\u2019s session of the weekslong trial in U.S. District Court in Washington, D.C. King\u2019s works are published by Simon & Schuster. 2/17/25, 12:08 Sam Weller | File 770 14/91 At Monday\u2019s opening session, opposing attorneys for the two sides presented their cases before U.S. District Judge Florence Pan. Justice Department attorneys called the merger \u201cpresumptively wrong\u201d because it would shrink competition and, inevitably, the vital public discourse that books help engender. Penguin Random House countered that the new company would \u201cenhance\u201d competition because the combined company could turn out books more efficiently\u2026. (7 VINEYARD. Sharon Lee\u2019s post \u201cIn which the authors are working\u201d includes some Trader\u2019s Leap spoilers, should you be in the market for some. Much like being a Liaden Scout, being a writer is 98% mucking around in the mud, and 2% excitement. And, after a brief period of excitement, we\u2019re back to Business as Usual, which is exciting enough for those doing the work, but makes for poor telling\u2026. (8 MONEY. Cory Doctorow explains why he won\u2019t let his books appear on Audible in \u201cPluralistic: 25 Jul 2022\u201d. The long saga includes this bit of comic relief: \u2026We\u2019re going to be rolling out a crowdfunding campaign for the Chokepoint Capitalism audiobook in a couple of weeks (the book comes out in mid-September). \u2026And it won\u2019t be available on Audible. Who owe me $3,218.55. But you know what will be available on Audible? This. This essay, which am about to record as an audiobook, to be mastered by my brilliant sound engineer John Taylor Williams, and will thereafter upload to as a self-published, free audiobook. Perhaps you aren\u2019t reading these words off your screen. Perhaps you are an Audible customer who searched for my books and only found this odd, short audiobook entitled: \u201cWhy none of my books are available on Audible: And why Amazon owes me $3,218.55 send you greetings, fellow audiobook listener! \u2026In the meantime, there is now a Kindle edition of this text: 2/17/25, 12:08 Sam Weller | File 770 15/91 had to put this up, it\u2019s a prerequisite for posting the audio to hadn\u2019t planned on posting it, but since they made me did. Bizarrely, this is currently the number one new Amazon book on Antitrust Law! (9 2/17/25, 12:08 Sam Weller | File 770 16/91 1977 \u2013 [By Cat Eldridge.] Now I\u2019m feeling old as clearly remember watching this episode, the next-to-last one of the series. Holmes & Yoyo\u2019s \u201cThe Cat Burglar\u201c aired forty-five years ago on this date on ABC. Someone is stealing well loved felines for ransom from wealthy ladies, and Holmes and Yoyo set out to catch the cat stealer. Look no one is ever going to accuse Holmes & Yoyo, which lasted a mere thirteen episodes, of being deep or meaningful because it wasn\u2019t. Was it good SF? Not really? Was it a decent detective series? Oh no, but despite that, it was fun to watch. And this story was proof of that in, errrr, the number of cats under foot. It\u2019s lightweight and no one but one gets hurt, it\u2019s got John Schuck at his very, very comic best and it\u2019s got cats in it. None of which get hurt don\u2019t think that series could\u2019ve gone any further than it did as there just wasn\u2019t anything there to build off, was there? To say to the premise was thin would be an understatement hold that John Schuck is best in his comic roles and that includes his role as Draal on Babylon 5 which had a measure of comedy the way he presented himself. Herman Munster on The Munsters Today may have been his best role ever, and the Lt. Charles Enright character on the McMillan & Wife series (which yes watched and liked a lot) had more than a bit of comic relief in it. And adore his take on M.A.S.H. as Capt. \u2018Painless\u2019 Waldowski. I\u2019ve watched that film at least a half dozen times now. (10 BIRTHDAYS. 2/17/25, 12:08 Sam Weller | File 770 17/91 [Compiled by Cat Eldridge.] Born August 1, 1862 \u2014 M.R. James. Writer of some of the best ghost stories ever done Pleasing Terror: The Complete Supernatural Writings, released in 2001 from Ash-Tree Press has forty stories which includes the thirty stories from Collected Ghost Stories plus the 3 tales published after that, and the seven from The Fenstanton Witch and Others. It\u2019s apparently the most complete collection of his stories to date. Or so though until checked online. The Complete Ghost Stories of M.R. James, over seven hundred pages, is available from the usual suspects for a mere buck ninety-nine! (Died 1939.) Born August 1, 1910 \u2014 Raymond A. Palmer. Editor of Amazing Stories from 1938 through 1949. He\u2019s credited, along with Walter Dennis, with editing the first fanzine, The Comet, in May 1930. The secret identity of character the Atom as created by genre writer Gardner Fox is named after Palmer. Very little of his fiction is available from the usual suspects. Member, First Fandom Hall of Fame. He was nominated five times for a Retro Hugo for Best Editor, Short Form, and once as Best Professional Editor, Short Form. (Died 1977.) Born August 1, 1914 \u2014 Edd Cartier. Illustrator who received the World Fantasy Award for lifetime achievement, the first artist to receive that honor. His artwork was first published in Street and Smith publications, including The Shadow, to which he provided many interior illustrations, and Astounding Science Fiction, Doc Savage Magazine and Unknown as well. (Died 2008.) Born August 1, 1930 \u2014 Geoffrey Holder. You\u2019ll likely best remember him for his performance as Baron Samedi in Live and Let Die but he\u2019s also the narrator in Tim Burton\u2019s rather awful Charlie and The Chocolate Factory. He was also Willie Shakespeare in Doctor Doolittle but it\u2019s been so long since saw the film that can\u2019t picture his character. And he was The Cheshire Cat in the Alice in Wonderland that had Richard Burton as The White Knight. Weird film that. (Died 2014.) Born August 1, 1932 \u2014 Paddy Chayefsky. In our circles known as the writer of the Altered States novel that he also wrote the screenplay for. He is the only person to have won three solo Academy Awards for Best Screenplay. The other winners of three Awards shared theirs. He did not win for Altered States though he did win for Network which adore. (Died 1981.) Born August 1, 1941 \u2014 Craig Littler, 70. His main genre role was as space adventurer Jason in Jason of Star Command which of course James Doohan was in as well. If you look closely, you\u2019ll spot him briefly in Blazing Saddles as Tex and Rosemary\u2019s Baby as Jimmy as well. And he has one-offs in The Next Beyond, AirWolf and Team Knight Rider. Team Knight Rider? Really, they didn\u2019t know when to stop? Born August 1, 1942 \u2014 Jerry Garcia. Lead vocalist of the Grateful Dead. The Dead did some songs that were as notes. The song \u201cThe Music Never Stopped\u201d (on Blues for Allah, 1975) borrows its title from a sentence in Alfred Bester\u2019s The Stars My Destination (1956) and was possibly inspired by that novel. And notes that the band was hired to compose and perform some appropriately outr\u00e9 music for the first revival of the Twilight Zone television series. There\u2019s lots more connections to but I\u2019ll stop by saying that Garcia played the banjo heard in the first remake of Invasion of the Body Snatchers. (Died 1995.) Born August 1, 1948 \u2014 David Gemmell. Best remembered for his first novel, Legend, the first book in his long-running Drenai series. He would go on to write some thirty novels. The 2/17/25, 12:08 Sam Weller | File 770 18/91 David Gemmell Awards for Fantasy were presented from 2009 to 2018, with a stated goal to \u201crestore fantasy to its proper place in the literary pantheon\u201d. (Died 2006.) Born August 1, 1955 \u2014 Annabel Jankel, 67. Director who was first a music video director and then the co-creator and director of Max Headroom. She conceptualized Max. She and her partner Rocky Morton first created and directed The Max Talking Headroom Show, a mix of interviews and music vids which aired on Channel 4 (where it was sponsored by Coca- Cola) and HBO. Jankel and Morton would go on to direct Super Mario Bros. And they\u2019re both responsible for the Max Headroom movie and series haven\u2019t heard if she has a role in the forthcoming rebooted Max Headroom series. (11 SECTION. Brewster Rockit illustrates why terror is a matter of perspective. (12 VIEW. That is a radio network doesn\u2019t keep them from reaching for this optical analogy: \u201cSeeing double: Near-identical films that came out at the same time\u201d. Surely you\u2019ve noticed yourself that this happens. And many of the movies are genre. They are showdowns that didn\u2019t need to happen \u2014 rival studios staring each other down, refusing to blink. In 1998, Earth-snuffing asteroids got blown up in the nick of time by nuclear warheads, not once but twice, in Armageddon and Deep Impact. That same year, animated insects skittered onto movie screens in Antz and Bug\u2019s Life \u2014 and just a year earlier, dueling lava flows erupted in Dante\u2019s Peak and Volcano. And in 2013, Jesse Eisenberg starred in The Double, and Jake Gyllenhaal in Enemy, each as a man tormented by his doppelganger (and wouldn\u2019t you know that Enemy was based on a novel called\u2026wait for it\u2026 The Double.)\u2026 (13 AWARDS. [Item by Dann.] A.C.T. (Australia Capitol Territory) Writers presented their awards for 2020 and 2021 over the weekend. Covid caused them to not have an awards ceremony for 2020. T.R. Napper\u2019s collection of science fiction stories called Neon Leviathan won in for fiction in 2020 under the Small Press category. The collection was published by GrimDark Magazine. (14 DOCTRINES. Randall Munroe has a new book coming out in September. \u201cRandall Munroe \u2013 Sixth & I\u201d. At the link you have the option to buy in-person or virtual tickets to see Munroe in conversation with Derek Thompson on September 14 at 7:00 p.m. Eastern. Planning to ride a fire pole from the moon back to Earth? The hardest part is sticking the landing. Hoping to cool the atmosphere by opening everyone\u2019s freezer door at the same time? Maybe it\u2019s 2/17/25, 12:08 Sam Weller | File 770 19/91 time for a brief introduction to thermodynamics. For the answers to the rest of the weirdest questions you never thought to ask, \u201cxkcd\u201d creator and former roboticist Randall Munroe is back with What If? 2: Additional Serious Scientific Answers to Absurd Hypothetical Questions. (15 BEGINNING. Bill jumped in his and returned with a clipping of this early advertisement for Nichelle Nichols when she was a nightclub singer. From the Honolulu Advertiser, Aug 4, 1960. (16 captures the scene as \u201c\u2019Superhero\u2019 window washers scale Norton Children\u2019s Hospital again\u201d. It\u2019s a bird. It\u2019s a plane. No, it\u2019s superheroes outside of patient windows at Norton Children\u2019s Hospital again! That\u2019s exactly what kids and their families at Norton Children\u2019s Hospital in downtown Louisville got on Monday morning as window washers traded in their cleaning uniforms for capes and masks. 2/17/25, 12:08 Sam Weller | File 770 20/91 The goal is to give sick children a surprise several stories high as a crew from Pro Clean International dress as superheroes to wash the exterior windows of the hospital of Pro-Clean International, and \u2018Iron Man\u2019, Joe Haist says, he got the idea from personal experience have a special needs child that was born blind with special needs\u201d said Haist know that sometimes you go to the hospital, you\u2019re there for a long time and there\u2019s not a lot to see or do and there\u2019s not a lot of happiness. So it\u2019s really a great moment to really kind of bring people with some happiness.\u201d They have done this at least the past few years. (17 DAY. [Item by Martin Morse Wooster.] This video from Alasdair Beckett-King dropped today. \u201cEvery Internet Video From 2003 (not literally)\u201d. [Thanks to John King Tarpinian, Andrew Porter, Chris Barkley, Bill, Warren Buff, Dann, Michael Toman, Cat Eldridge, Mike Kennedy, Martin Morse Wooster, and for some of these stories. Title credit belongs to File 770 contributing editor of the day Jeff Smith.] Posted in Pixel Scroll | Tagged Notable Awards, Audible.com, Benjamin Rosenbaum, Chicon 8, Cory Doctorow, Future Tense, Liaden Universe, litigation, Mary Anne Mohanraj, Neil Gaiman, Nichelle Nichols, Premee Mohamed, Randall Munroe, Sam Weller, Sharon Lee, Stephen King, superheroes, T. R. Napper, Ted Chiang, Warren Buff It's a bird! It's a plane! Actually, it's window washers dressed like superheroes at Norton Children's Hospital. ????They do this every year as a surprise for the kids. pic.twitter.com/Xqr5GBnRxe (@WLKY) July 11, 2022 Every Internet Video From 2003 (not literally) Every Internet Video From 2003 (not literally) 2/17/25, 12:08 Sam Weller | File 770 21/91 Pixel Scroll 2/19/22 Am Pixel Number Six Posted on February 19, 2022 by Mike Glyer (1 WELLER. Columbia College Chicago has announced that faculty member and Bradbury biographer Sam Weller, accused by a former colleague of sexual assault, will \u2018step away\u2019 from teaching during Columbia investigation Columbia faculty member publicly accused of sexual assault by a former colleague at the college has agreed to \u201cstep away\u201d from the classroom while the college investigates the claims. In an article published on Medium Feb. 12, Cara Dehnert, a former associate professor of instruction in the Business and Entrepreneurship Department, accused Sam Weller, associate professor in the English and Creative Writing Department, of sexually assaulting her in his office on March 25, 2018. \u2026Dehnert said she received no communication from Human Resources after her meeting with them in 2020, and as of Feb. 18 has not heard from the college following the publication of her article. In a Feb. 15 statement, Lambrini Lukidis, associate vice president of Strategic Communications and External Relations, said the college was investigating the allegations against Weller. \u201cColumbia College Chicago is aware of recent new allegations of potential criminal behavior and misconduct, which the College is investigating,\u201d the statement said. \u201cAll reports of crimes and misconduct are taken seriously, investigated by the College and forwarded to local law enforcement if necessary.\u201d Over the course of the past week, Dehnert\u2019s post was shared on various social media platforms, via email and in the Columbia Engage app. As word of the accusation spread, calls for accountability and for Weller\u2019s removal from the classroom grew petition titled \u201cHold Sam Weller accountable\u201d was posted Wednesday on Change.org, and as of Friday evening had garnered more than 2,600 signatures. In a Feb. 16 interview, Madhurima Chakraborty, president of the Faculty Senate and associate chair of the English and Creative Writing Department, said she wanted more transparency from the college. 2/17/25, 12:08 Sam Weller | File 770 22/91 want there to be clarity around accountability,\u201d Chakraborty said want there to be a clear understanding of what it is that we should be able to expect from our workplaces and the place where we study statement from Lukidis to the Chronicle on Feb. 18 said Weller and the college \u201chave agreed he will step away from his classes pending the outcome of the investigation.\u201d Students enrolled in Weller\u2019s classes received an email Friday afternoon from Pegeen Reichert Powell, chair of the English and Creative Writing Department, informing them that Weller\u2019s classes would be taught by a substitute \u201cfor the time being local Chicago news devoted two minutes to the story, strangely failing to identify the accused person but interviewing the accuser on camera: \u201cColumbia College Professor to \u2018Step Away\u2019 From Teaching Amid Sexual Assault Probe\u201d at Chicago. Cara Dehnert Huffman has learned she\u2019s not the only one, as she told Facebook readers yesterday. \u2026 Since then, I\u2019ve been contacted by five other women and counting who shared similar experience. Except all of them were students at the time don\u2019t know why Columbia College Chicago didn\u2019t act when Sam\u2019s behavior was reported by someone else in 2017 don\u2019t know why (it appears) that did not act when reported in 2020. I\u2019ve said all along that my only goal is to help people moving forward. But as read and listen to heart wrenching tale after tale, all of which are too similar to mine and all of which done by the hands of Sam, I\u2019ve reconsidered my position. The pattern is clear. Sam\u2019s abuse and manipulation go back as early as 2008. 2008!!!! \u2026 (2 ABOUT. Lincoln Michel asks, \u201cDo blurbs work?\u201d and answers: Maybe, but yes if Stephen King blurbs your first novel: \u201cDo Blurbs Actually Work?\u201d \u2026 Yes, sometimes myself have bought books thanks to blurbs now and then. Recently was browsing a translated literature table and saw The Houseguest by Amparo D\u00e1vila. I\u2019d never heard of the author, but the book had blurbs from Carmen Maria Machado and Julio Cort\u00e1zar so thought, hell, let\u2019s give this author a try! I\u2019m glad did. Whenever blurb discourse heats up, plenty of readers say blurbs are a factor. So yes, they can sell books. 2/17/25, 12:08 Sam Weller | File 770 23/91 At the same time, yes, it is perhaps true that blurbs are rarely the deciding factor\u2026. (3 READY. Oghenechovwe Donald Ekpeki pointed Facebook readers to the cover and table of contents release for Bridging Worlds: Global Conversations on Creating Pan-African Speculative Literature In Pandemic at Jembefola, which will be released as a free download there on February 21. \u2026It will feature 18 non-fiction pieces by 19 creatives You can check out the here. Our amazing cover was done by Dare Segun Falowo. The book itself will be free to download in all formats, following and due to the events inspired by Amazon KDP\u2019s bad behaviour\u2026. \u2026 2020 was a landmark year in the lives of speculative fiction writers trying to both survive and create in the pandemic-lockdown breakout year. It was especially difficult for Black people, and Africans on the continent and in the diaspora. The Bridging Worlds anthology examines those difficulties and how Black people and African writers navigated them. Even though we had myriad experiences in the different worlds we inhabit, we were nonetheless plagued by well, the same plague, no pun intended. Bridging Worlds seeks to explore the threads and lines that connect us as we navigated this singular yet multifaceted experience, and show that connection in the various non-fiction pieces written in the diverse styles and forms the authors chose\u2026. 2/17/25, 12:08 Sam Weller | File 770 24/91 (4) WRAPPED. George R.R. Martin gave Not a Blog readers a progress report on House of the Dragon. Exciting news out of London am informed that shooting has for the first season of DRAGON. Yes, all ten episodes have seen rough cuts of a few of them, and I\u2019m loving them. Of course, a lot more work needs to be done. Special effects, color timing, score, all the post production work. But the writing, the directing, the acting all look terrific hope you will like them as much as do Max chief content officer Casey Bloys was asked by Variety when the show will air. \u2026While Bloys could not tell Variety when \u201cHouse of the Dragon\u201d might premiere, he did confirm that it\u2019s likely the show sticks around for more than just one season. \u201cIf you\u2019re betting on whether we\u2019re going to do a second season think it\u2019s probably a pretty good bet,\u201d Bloys said. \u201cGenerally speaking, we usually let something air and see how it does, but obviously, we\u2019ll make preparations ahead of time to make sure we\u2019re ahead of the game.\u201d\u2026 2/17/25, 12:08 Sam Weller | File 770 25/91 (5 INSIGHTS. Jason Sanford has published the \u201cGenre Grapevine Magazines Survey Results\u201d in a free Patreon post. He notes, \u201cIt turns out the results before the pandemic match up pretty close to the results in 2022 also included a ton of the comments people shared as they completed the survey. Some fascinating stuff in those comments.\u201d At the end of 2019 released the special report #SFF2020: The State of Genre Magazines, which examined the history of genre magazines along with the issues facing today\u2019s magazines and podcasts. The report also included interviews with the editors, publishers, and staff of a number of leading magazines and podcasts. 2/17/25, 12:08 Sam Weller | File 770 26/91 intended to follow that report with an examination of the attitudes of people in the science fiction and fantasy community towards their genre\u2019s magazines and podcasts completed a survey on this topic in December 2019 and intended to combine the survey results with more interviews and research. If all went well, the report would have been released in February 2020. Of course, all did not go well. The global pandemic shut the world down and swept my own personal life didn\u2019t have the time to complete the report few weeks ago looked over the 2019 survey results and realized they presented an opportunity to see if the pandemic had changed attitudes among people in the community toward genre magazines and podcasts re-ran the same survey and compared the results\u2026. (6 REVEALED. Editor Laura Stadler tweeted a thread inviting readers to better understand what editors do. However, it\u2019s in German, and if Twitter\u2019s translations are not up to your standards, by all means, don\u2019t click! Personally found it helpful. Thread starts here. The translation of the first tweet says \u2014 Twitter, let\u2019s talk about what editors do? And why am I, as an editor, not an absolute enemy of authors and why do you really not have to be afraid of me and my work on your texts? (7 WONDERLAND. Literary Hub\u2019s Erin Morgenstern shares the experience of rereading Carroll\u2019s story for Alice in \u201cHow Lewis Carroll Built a World Where Nothing Needs to Make Sense\u201d. \u2026 Every time read the books am struck by something that hadn\u2019t captured my attention the same way in previous readings. On this most recent re-reading noticed anew how often Alice interferes with pencils belonging to other characters, and was particularly caught by the question of what does the flame of a candle look like after the candle is blown out? There are treasures to be found in these pages, glimmering, whether it is your first time reading, or fifth, or fiftieth. No matter how familiar these stories may be, that white rabbit might lead you somewhere unexpected, if only you will follow\u2026. (8 BIRTHDAY. 1960 \u2014 [Item by Cat Eldridge] The time is the day after tomorrow. The place: a far corner of the universe cast of characters: three men lost amongst the stars. Three men sharing the common urgency of all men lost. They\u2019re looking for home. And in a moment, they\u2019ll find home; not a home that is a place to be seen, but a strange unexplainable experience to be felt. \u2014 opening narration 2/17/25, 12:08 Sam Weller | File 770 27/91 On this date sixty two years ago, The Twilight Zone\u2019s \u201cElegy\u201d aired for this first time. It was the twentieth episode of the first season and was written by Charles Beaumont who you might recognize as the screenwriter of 7 Faces of Dr. Lao. Beaumont would die at just thirty-eight of unknown causes that were assumed to be neurological in nature. The cast for this Twilight Zone episode was Cecil Kellaway as Jeremy Wickwire, Jeff Morrow as Kurt Meyers, Kevin Hagen as Captain James Webber and Don Dubbins as Peter Kirby. This episode was based on his short story \u201cElegy\u201d published in Imagination, February 1953. It was included in Mass for Mixed Voices: The Selected Short Fiction of Charles Beaumont. (9 BIRTHDAYS. [Compiled by Cat Eldridge.] Born February 19, 1912 \u2014 Walter Gillings fan of some note. He edited Scientifiction, a short lived but historic fanzine. Shortly thereafter he edited Tales of Wonder, regarded as the first zine. Clarke made his pro debut here. He\u2019d edit a number of other genre zines later on, and lists him as having two genre stories to his credit whereas Wiki claims he has three. (Died 1979.) Born February 19, 1915 \u2014 Fred Freiberger. He\u2019s best remembered as the producer of the third and final season of Star Trek. He was also involved in the Wild Wild West, the second season of Space: 1999 which he\u2019s wholly responsible for and the short-lived Beyond Westworld. He was brought unto Trek after Roddenberry resigned as Showrunner. (Died 2003.) Born February 19, 1937 \u2014 Terry Carr. Well known and loved fan, author, editor, and writing instructor usually don\u2019t list Awards both won and nominated for but his are damned impressed so will. He was nominated five times for Hugos for Best Fanzine (1959\u20131961, 2/17/25, 12:08 Sam Weller | File 770 28/91 1967\u20131968), winning in 1959, was nominated three times for Best Fan Writer (1971\u20131973), winning in 1973, and he was Fan Guest of Honor at ConFederation in 1986. Wow. He worked at Ace Books before going freelance where he edited an original story anthology series called Universe, and The Best Science Fiction of the Year anthologies that ran from 1972 until his early death in 1987. Back to Awards again. He was nominated for the Hugo for Best Editor thirteen times (1973\u20131975, 1977\u20131979, 1981\u20131987), winning twice (1985 and 1987). His win in 1985 was the first time a freelance editor had won. Wow indeed. Novelist as well. Just three novels but all are still in print today though don\u2019t think his collections are and none of his anthologies seem to be currently either final note. An original anthology of science fiction, Terry\u2019s Universe, was published the year after his death with all proceeds went to his widow. (Died 1987.) Born February 19, 1937 \u2014 Lee Harding, 83. He was among the founding members of the Melbourne Science Fiction Club along with Bertram Chandler. He won Ditmar Awards for Dancing Gerontius and Fallen Spaceman. In the Oughts, the Australian Science Fiction Foundation would give him the Chandler Award in gratitude for his life\u2019s work. It does not appear that any of his work is available from the usual digital sources. Born February 19, 1964 \u2014 Jonathan Lethem, 58. His first novel, Gun, with Occasional Music, a weird mix of and detective fiction, is fantastic in more ways that can detail here confess that lost track of him after that novel so I\u2019d be interested in hearing what y\u2019all think of his later genre work particularly his latest, The Arrest. His only major Award win was a World Fantasy Award for The Wall of the Sky, the Wall of the Eye collection. Born February 19, 1966 \u2014 Claude Lalumi\u00e8re, 56 met him once here in Portland. Author, book reviewer and has edited numerous anthologies. Amazing writer of short dark fantasy stories collected in three volumes so far, Objects of Worship, The Door to Lost Pages and Nocturnes and Other Nocturnes. Tachyon published his latest anthology, Super Stories of Heroes & Villains. Born February 19, 1968 \u2014 Benicio del Toro, 54. Originally cast as Khan in that Trek film but unable to perform the role as he was committed to another film. (And yes think he would\u2019ve made a better Khan.) He\u2019s been The Collector in the Marvel film franchise, Lawrence Talbot in the 2010 remake of The Wolfman, and codebreaker in Star Wars: The Last Jedi. Let\u2019s not forget that he was in Big Top Pee-wee as Duke, the Dog-Faced Boy followed by being in Terry Gilliam\u2019s Fear and Loathing in Las Vegas as Dr. Gonzo which damn well should count as genre even if it isn\u2019t. (10 SECTION. The Far Side sympathizes with a famous writer. xkcd explains the tractor beam \u2013 in its own idiocyncratic way. (11 SEVEN. Paul Weimer returns to Green Man Review with an assessment of \u201cGreta Kelly\u2019s The Seventh Queen\u201d When last we left Askia, things had gone so very wrong for her. Her efforts to protect her people, her lost kingdom had been completely dashed, and she has been captured. Now, at the heart of the power of her enemy, and nearly completely 2/17/25, 12:08 Sam Weller | File 770 29/91 denuded of her powers, Askia has to find new ways and techniques to resist and oppose Radovan, and not incidentally, save her own life. For it is certain that, like his previous captives and victims, Radovan will, within a month, kill her, and take and distribute her power as he did his previous Empresses. The Seventh Queen continues the story from Kelly\u2019s debut novel The Frozen Queen.\u2026 (12 FANTASTIC. Scott Edelman invites listeners to brunch with Natalie Luhrs in episode 165 of the Eating the Fantastic podcast. My guest for brunch at the Unconventional Diner \u2014 about which Washington Post food critic Tom Sietsema wrote \u2014 when he placed the restaurant at #4 on his Fall dining guide last year \u2014 \u201cNo restaurant fed me more often, or better, throughout the pandemic than French chef David Deshaies\u2019s whimsical tribute to American comfort food.\u201d \u2014 was two-time Hugo Award finalist Natalie Luhrs. She\u2019s the former science fiction and fantasy reviewer for Romantic Times Book Reviews and was briefly an acquisitions editor for Masque Books, the digital imprint of Prime. Though she dabbles in writing speculative fiction and poetry, she is mostly known for her non-fiction \u2014 which earned her those nominations \u2014 and can be found at her personal blog, Pretty Terrible, the intersectional geek blog, The Bias, which she co-founded with previous guest of this podcast Annalee Flower Horne, and of course, on Twitter, as @eilatanReads. We discussed why had a more optimistic outlook on her chances of winning last year than she did, the emotions which inspired her most recently nominated work and the doxxing that resulted from her offering up that opinion, her love for Dune even as she recognizes the classic novel\u2019s problematic parts, what she once said about the Lord Peter Wimsey continuations which caused a backlash, the ways romance and science fiction conventions differ, where she chooses to expend her spoons when controversies arise, the importance of making our shared fannish community a welcoming space for all, recent science fiction novels which blew her mind, and much more. 2/17/25, 12:08 Sam Weller | File 770 30/91 Natalie Luhrs (13 interviewed Mars 2020 team members on the occasion of Perseverance\u2019s Landiversary. It\u2019s been one busy year for NASA\u2019s Perseverance Mars rover! Join us in the Mars Yard at the Jet Propulsion Laboratory as we celebrate the one-year anniversary of the robotic explorer\u2019s historic Mars landing. We\u2019ll be chatting with members of the Mars 2020 team who helped make the moment happen, and they\u2019ll tell us what\u2019s next for the rover. (14 Culture\u2019s Nicholas Barber is not ready to concede to Plan 9 From Outer Space: \u201cIs this the worst film ever made?\u201d Perseverance\u2019s Landiversary: Celebrating a Year of Exploratio Perseverance\u2019s Landiversary: Celebrating a Year of Exploratio\u2026 2/17/25, 12:08 Sam Weller | File 770 31/91 \u2026Among cinephiles who enjoyed bad films as much as good ones, Plan 9 from Outer Space became known as the one movie you had to watch, and watch again, and tell your friends (or enemies) to watch, too. Xavier Mendik, co-editor of The Cult Film Reader, says that it \u201cremains a key template for judging cult film status\u201d. Its fans wrote unofficial sequels and mounted stage adaptations. Jerry and his buddies aim to watch it in an episode of Seinfeld from 1991. And in 1994, Tim Burton\u2019s biopic of Ed Wood climaxes with the making of the film. \u201cThis is the one,\u201d beams Wood (Johnny Depp) at its premiere. \u201cThis is the one they\u2019ll remember me for\u201d. \u2026 And here\u2019s the third key to its strange charm: it isn\u2019t actually a failure in every respect. Don\u2019t get me wrong. Plan 9 from Outer Space is a terrible film dreadful film. An atrocious film. But it does have some elements that are halfway decent, and it\u2019s unlikely that it would have a cult following without them\u2026 (15 DAY. [Item by Martin Morse Wooster family of excited Star Wars fans have turned up at a new exhibition on the construction of the Millennium Falcon months before it opens life-size prop of the spaceship was built in Pembroke Dock, Pembrokeshire, in 1979 for the Empire Strikes Back, which was filmed in Elstree. And news of a permanent exhibition there, due to open in April, pushed some fans to make the jump to hyperspace prematurely. Mark Williams, who works for the Pembroke Dock Heritage Trust, said one family had \u201cjumped the gun a little bit\u201d amid a flurry of calls, emails and social media posts from fans. [Thanks to Mike Kennedy, Martin Morse Wooster, JJ, John King Tarpinian, Jason Sanford, Chris Barkley, Scott Edelman, Andrew Porter, Michael Toman, and Cat Eldridge for some of these stories. Title credit belongs to File 770 contributing editor of the day Paul Weimer.] Posted in Pixel Scroll | Tagged Alice in Wonderland, George R. R. Martin, Jason Sanford, Laura Stadler, Lewis Carroll, Lincoln Michel, Mars Exploration Rovers, Millennium Falcon, Natalie Luhrs, Oghenechovwe Donald Ekpeki, Paul Weimer, Perseverance, Plan 9 From Outer Space, Sam Weller, Scott Edelman, Star Wars The shipyard that built a Star Wars spaceship News (World) (@BBCWorld) February 19, 2022 Pixel Scroll 2/18/22 My Name Is Scroll, Pixel Scroll, Agent 770, With License To File 2/17/25, 12:08 Sam Weller | File 770 32/91 Posted on February 18, 2022 by Mike Glyer (1) #METOO. On February 12, attorney and former Weller colleague Cara Dehnert published an essay detailing her previous relationship with Bradbury biographer Sam Weller. The piece alleges mental, emotional, and sexual abuse from Weller, including rape. \u201cWhat Happened To Me. By: Cara Dehnert\u201d at Medium. (2 TRAUMA. Sarah Gailey sets the bar \u201cOn Trauma-Informed Writing\u201d at the Blog difficult or unpleasant experience that changes a person in a lasting way\u201d is a descriptor that applies to most stories. In spite of the promises of a recent literary movement that strives to elide unpleasantness in storytelling, it\u2019s difficult to make a narrative compelling when characters aren\u2019t changed as a result of struggle. Further, a story in which characters endure traumatic experiences without changing in response to them is a story that can cause immense harm. Narratives help us to understand ourselves and the world around us, and stories that depict trauma as a temporary inconvenience reinforce the idea that ongoing trauma-responses are unusual, or even a sign of weakness. This real-world impact bears out in the way many people process\u2014or are unable to process\u2014their own real-life traumas. Many trauma survivors find themselves questioning why they\u2019re unable to move on from traumatic events. They\u2019ve consumed narratives in which scary things happen, but when the scary things are over . . . everyone stops being scared. So why shouldn\u2019t the same be true in real life? Treating a character\u2019s trauma as though it can be resolved along with the plot is disingenuous. Treating a character\u2019s trauma as though it must be resolved along with the plot is dangerous. Both are profoundly disrespectful to the story being told\u2026. (3 PREEMPTION. Publishers Weekly explains why \u201cCourt Blocks Maryland\u2019s Library E-book Law\u201d. In a rebuke to Maryland state legislators, a federal judge has granted the Association of American Publishers\u2019 motion for a preliminary injunction, blocking Maryland officials from enforcing the state\u2019s new library e-book law. \u201cIt is clear the Maryland Act likely stands as an obstacle to the accomplishment of the purposes and objectives of the Copyright Act,\u201d concluded federal judge Deborah L. Boardman, in a 28-page opinion. Although the judge noted that the Maryland Act only requires an \u2018offer\u2019 to license and does not \u2018explicitly require\u2019 publishers to grant licenses to libraries, \u201cthis is a distinction without a difference,\u201d Boardman concluded (lifting directly from the AAP\u2019s brief), holding that the threat of civil and criminal 2/17/25, 12:08 Sam Weller | File 770 33/91 penalties for non-compliance amounts to \u201ca forced transaction\u201d that \u201ceffectively strips publishers of their exclusive right to distribute.\u201d In enjoining the law, Boardman found that the cleared all four factors necessary to grant a preliminary injunction\u2014a likelihood of success on the merits; irreparable harm; winning the balance of equities, and that the injunction was in the public interest. But while the court entertained\u2014and largely accepted the AAP\u2019s arguments on each factor\u2014the court\u2019s decision ultimately came down to one simple finding (which the also argued): the Maryland law is fatally flawed because it is preempted by federal copyright law\u2026. (4) POKEMON. [Item by Martin Morse Wooster.] In the Financial Times behind a paywall, Tom Faber reviews Pokemon Legends; Arceus. The game \u201ccomes as something of a shock. There is rarely a surprise in a mainline Pokemon game\u2013if you\u2019ve played one, you\u2019ve played them all. While The Pokemon Company has spun its into the highest-grossing media franchise of all time, encompassing movies, merchandise and trading cards, there has always been an uncomfortable tension in the video games: that they are supposedly about the joy of adventure, yet have been proven remarkably unwilling to tread new ground for 25 years\u2026 \u2026Like Harry Potter and all the most successful franchises for younger children, Pokemon sells a dream, a world that children desperately want to be real. As a kid yearned to make life-long friends with magical creatures. Arceus is not the Poikemon game dreamt of, but it gets close. Game Freak has swapped the series\u2019 aging skeleton for a promising new set of bones, creating a Pokemon game that feels fresh for the first time in over a decade. It achieved this by finally taking a leaf out of its own book\u2013to make like a Pokemon and evolve.\u201d (5 SFF. [Item by Mike Kennedy.] Legendary Director Francis Ford Coppola has announced he will be dipping deep into his own pocket to fund a passion project: Megalopolis. Coppola wrote the script around 40 years ago (though one guesses there may have been revisions since). IMDb gives this succinct description,\u201cAn architect wants to rebuild New York City as a utopia following a devastating disaster described it as love story that is also a philosophical investigation of the nature of man.\u201d Variety interviewed him about it: \u201cFrancis Ford Coppola to Spend His Own $120 Million on New Film Don\u2019t Care \u2018About the Financial Impact\u2019\u201d. \u2026 Speaking to magazine, Coppola said that major Hollywood executives reacted to his \u201cMegalopolis\u201d pitch the \u201csame way they did when had won five Oscars and was the hottest film director in town and walked in with \u2018Apocalypse Now\u2019 and said, \u2018I\u2019d like to make this next own \u2018Apocalypse Now.\u2019 Do you know why own \u2018Apocalypse Now?\u2019 Because no one else wanted it.\u201d Coppola added, \u201cSo imagine, if that was the case when was 33 or whatever the age and had won every award and had broken every record and still absolutely no one 2/17/25, 12:08 Sam Weller | File 770 34/91 wanted to join me, [then how do you think they\u2019re reacting now know that \u2018Megalopolis,\u2019 the more personal make it, and the more like a dream in me that do it, the harder it will be to finance.\u201d \u2026When asked if self-funding \u201cMegalopolis\u201d could mirror his experience on \u201cOne From the Heart,\u201d a massive flop that Coppola spent years paying back the bank for, the director responded couldn\u2019t care less about the financial impact whatsoever. It means nothing to me.\u201d (6 OBIT. Film editor David Brenner died February 18 at the age of 59 reports Variety. In 1990, Brenner won the Academy Award for film editing with director Oliver Stone\u2019s Born on the Fourth of July, sharing the award with editor John Hutshing. His genre film credits include Independence Day (1996), What Dreams May Come (1998), The Day After Tomorrow (2004), 2012 (2009), Pirates of the Carribean: On Stranger Tides (2011), Man of Steel (2013), Batman vs. Superman: Dawn of Justice (2016), Justice League (2017), and Zack Snyder\u2019s Justice League (2021). (7 BIRTHDAY. 2005 \u2014 [Item by Cat Eldridge] On this day in 2005, Constantine was released in the U.S. Based off DC\u2019s Hellblazer series, it starred dark haired Keanu Reeves as the much blonder-haired John Constantine, a decision that of course drew much criticism. It was, to put it mildly, produced by committee. The screenplay by Kevin Brodbin and Frank Cappello off a story by Kevin Brodbin. Its impressive cast included Keanu Reeves, Rachel Weisz, Shia LaBeouf, Tilda Swinton, Pruitt Taylor Vince, Djimon Hounsou, Gavin Rossdale, and Peter Stormare really Tilda Swinton\u2018s role. Reception among critics was mostly negative with Roger Ebert saying Reeves that he \u201chas a deliberately morose energy level in the movie, as befits one who has seen Hell, walks among half- demons, and is dying. He keeps on smoking.\u201d The film made his most hated list. Box office wise, it made nearly a 25 million dollars off a budget that was maybe a hundred million dollars. The studio has declined to admit how much the production costs were. Over the years, its rating among audience reviewers at Rotten Tomatoes has steadily climbed now standing at an excellent seventy-two percent. Huh. 2/17/25, 12:08 Sam Weller | File 770 35/91 (8 BIRTHDAYS. [Compiled by Cat Eldridge.] 2/17/25, 12:08 Sam Weller | File 770 36/91 Born February 18, 1908 \u2014 Angelo Rossitto dwarf actor and voice artist, with his first genre role being in 1929\u2019s The Mysterious Island as an uncredited Underwater Creature. His last major role was as The Master in Mad Max Beyond Thunderdome. He showed up in Galaxina, The Incredible Hulk, Jason of Star Command, Bakshi\u2019s Lord of The Rings, Adult Fairytales, Clones, Dracula v. Frankenstein and a lot more. (Died 1991.) Born February 18, 1919 \u2014 Jack Palance. His first film is H. G. Wells\u2019 The Shape of Things to Come which bears little resemblance to that novel. (He plays Omus.) Next up he\u2019s Voltan in Hawk the Slayer followed by being Xenos in two Gor films. (Oh the horror!) He played Carl Grissom in Burton\u2019s Batman, and Travis in Solar Crisis along with being Mercy in Cyborg 2 in the Sixties did The Strange Case of Dr. Jekyll and Mr. Hyde in which he played the lead dual roles, and he had a nice turn as Louis Strago in The Man from U.N.C.L.E. which is worth seeing. (Died 2006.) Born February 18, 1929 \u2014 Len Deighton, 93. Author of possibly the most brilliant alternative novel in which Germany won the Second World War, SS-GB. It deals with the occupation of Britain One series based off the novel was broadcast several years back. Born February 18, 1968 \u2014 Molly Ringwald, 54. One of her was first acting roles was Nikki in Spacehunter: Adventures in the Forbidden Zone. She\u2019ll later have the lead role of Frannie Goldsmith in Stephen King\u2019 The Stand series. And does the Riverdale series count at least as genre adjacent? If so, she\u2019s got the recurring role of Mary Andrews there. (9 SECTION. Non Sequitur knows how to attract customers. (10 COMICS. Paul Cornell and Mike Hawthorne retell the foundational Wild Cards stories in new comic series, Wild Cards: The Drawing Of Cards #1 coming June 1. 2/17/25, 12:08 Sam Weller | File 770 37/91 Based on stories by Harold Waldrop, Roger Zelazny and series master-mind and editor, George R.R. Martin, Wild Cards is a fascinating saga set in a whole new world reshaped by the emergence of superpowers. The limited series, titled The Drawing Of Cards, will be written by a team of comic superstars, writer Paul 2/17/25, 12:08 Sam Weller | File 770 38/91 Cornell and artist Mike Hawthorne, and serve as a perfect entry point for Wild Cards newcomers and a must-have new reimagining for Wild Cards aficionados! Spanning more than 25 novels, 20 short stories, and written by more than 40 authors over three decades, the Wild Cards series tells the story of an alternate history where Earth is home to super-powered individuals. When a human is infected with the alien \u201cWild Card\u201d virus, the odds are that they will be killed\u2026 which is referred to as \u201cdrawing the black queen\u201d. Of those that survive, the bulk of them become \u201cjokers\u201d, left with some strange mutated form lucky few are called \u201caces\u201d, those gifted with super powers they can put to use towards heroic goals\u2026 or villainous ones\u2026. \u201cAs my fans may already know, the Wild Cards World holds a special place in my heart, so to have the privilege of announcing that an industry titan like is going to produce the narrative from the beginning as a comic book brings me no end of joy,\u201d [George R.R. Martin] added. (11 MORDLE. [Item by Jennifer Hawthorne.] You know that word game, Wordle, that\u2019s burning up Twitter? Well, variants are popping up like mushrooms after a rainstorm, and someone came up with \u201cLordle of the Rings.\u201d It\u2019s Wordle, but you can only use five letter words found in \u201cThe Lord of the Rings.\u201d (Mind you, given how long the books are, that covers a lot of ground.) Find it here: \u201cLordle of the Rings\u201d. (12 \u201cScarce First Edition, First Issue of \u2018Dracula\u2019 by Bram Stoker from 1897\u201d is being auctioned by Nate D. Sanders. The binding is a little banged up, but surely it\u2019s a bargain at $22,500? 2/17/25, 12:08 Sam Weller | File 770 39/91 (13 is discussed in this interview with NASA\u2019s chief economist: \u201cAstronomy, sci- fi, and the roots of the space economy: My long-read with Alex MacDonald\u201d at the American Enterprise Institute. \u2026 In the Industrial Revolution, a lot of the technologies that allow you to think about space flight come online, the most obvious one being pressure vessels, the other relevant ones being, essentially, large armaments. It\u2019s not a coincidence that 2/17/25, 12:08 Sam Weller | File 770 40/91 when Jules Verne talks about the technology for traveling to the Moon in his very well-known book \u201cFrom the Earth to the Moon,\u201d he essentially has the protagonists being underemployed armaments makers in the United States after the Civil War, who had incredible capabilities for developing large cannons, and they thought they might put them to a different use, a type of swords-into-plowshares initiative in the United States in the 19th century. This results in a real explosion of stories about traveling into space. Jules Verne\u2019s \u201cFrom the Earth to the Moon\u201d is written in the 1860s, but also written in the 1860s is the story \u201cThe Brick Moon\u201d by Massachusetts pastor and writer Edward Everett Hale. He writes the first story about living on a space station. He and his brother, while they\u2019re students at Harvard, basically come up with a concept for what today we would call a system. All of these things are in the culture and in the literature. Perhaps the most striking combination of these two themes of science fiction and astronomy is the story of Percival Lowell. Percival Lowell builds a little observatory, at which, later in the 20th century, the planet Pluto is discovered should say the dwarf planet Pluto. He is motivated by this idea of canals on Mars, which had been essentially emerging as a culture topic because of a mistranslation of Giovanni Schiaparelli\u2019s Italian word canale, by which he meant channels, and which gets translated into English as canals. But Lowell sees these things, and he writes these books like \u201cMars as the Abode of Life.\u201d And all of these popular culture works that expound the idea of a purported hypothetical Martian civilization, which, of course, gives further energy to the space flight movement overall. That intertwining of astronomy and space flight ambition really is there in the 19th century, and of course, it continues up to the present day. The James Webb Space Telescope, of course, is one of the most exciting projects of our time was fortunate enough to take off some time from work and actually go down to French Guiana to watch the launch, and it was an amazing moment\u2026. (14 RESOURCES. This Netflix series isn\u2019t about an department, but about aliens assigned to deal with humans. Airs March 18. Life on Earth is pretty complicated. That\u2019s why people need them. Welcome to Human Resources. 2/17/25, 12:08 Sam Weller | File 770 41/91 (15 DAY. [Item by Mike Kennedy.] Apple, Inc. has turned their Signal Boost dial to 11 to promote a new Korean short film shot entirely on an Apple iPhone 13 Pro. Editing was done on Apple Macintosh computers. Director Park Chan-wook\u2019s 21-minute fantasy Life is But a Dream \u2014plus a short \u201cmaking of\u201d doc\u2014are both available on YouTube. The soundtrack is available on Apple Music. 9to5mac has the story: \u201cApple shares film shot on iPhone 13 Pro by Park Chan- wook\u201d. An undertaker who needs woods to build a coffin for the savior of his village digs up an abandoned grave. But while doing so, he accidentally awakens the ghost of an ancient swordsman. Now the ghost tries to take back his coffin. Human Resources | Official Clip | Netflix Human Resources | Official Clip | Netflix 2/17/25, 12:08 Sam Weller | File 770 42/91 [Thanks to Cat Eldridge, Mike Kennedy, Martin Morse Wooster, JJ, Jennifer Hawthorne,.John King Tarpinian, Andrew Porter, and Michael Toman for some of these stories. Title credit belongs to File 770 contributing editor of the day Ingvar.] Posted in Pixel Scroll | Tagged Dracula, ebooks, Francis Ford Coppola, George R. R. Martin, Marvel, NASA, Pokemon, Sam Weller, Sarah Gailey, Tom Faber, Wild Cards Leigh Brackett Bradbury Multimedia Roundup Posted on May 20, 2021 by Mike Glyer (1 FROM. The Ray Bradbury Experience Museum invites you to \u201cMeet Ray Bradbury\u2019s Greatest Writing Mentor: Leigh Douglass Brackett\u201d. \u2026\u201cHer stories were very simple, and well-plotted, and very beautiful learned from her how to pare my stories down and how to plot,\u201d Bradbury said. \u2014Sam Weller in The Bradbury Chronicles. Brackett was a masterful storyteller of limitless imagination, exquisite writing skills and quite an impressive range. She was ahead of her time just as she was ahead of most of her colleagues, Sven Mikulec reports in Cinephilia Beyond. She was known as the \u201cQueen of Space Opera.\u201d\u2026 (2 WAUKEGAN. Also, the \u201cRay Bradbury museum offers virtual tour of his life in Waukegan\u201d \u2013 and the Chicago Tribune took it. \u2026As the pandemic continues, the museum is offering online experiences such as the virtual tour and the Met Ray\u201d video project, also in the News & Media tab. The virtual tour, paid for with a grant from Chicago-based nonprofit Illinois Humanities, focus a great deal on the library, one of Bradbury\u2019s favorite places, according to Sandra Petroshius, committee chair of the museum. \u201cBradbury just loved the library,\u201d said Petroshius, who grew up in Waukegan and lives in Lake Forest. \u201cHe showed that in his writings,\u201d she said. Bradbury\u2019s book, \u201cSomething Wicked This Way Comes,\u201d is set in the library, and one of the characters works at a library, she said\u2026. (3 TIMES. Bradbury biographer Sam Weller looks back at \u201cRay Bradbury and the Last Global Pandemic\u201d in the Review of Books. \u2026For all the years spent with him (12 in total, five during which saw him every two weeks, flying from Chicago to Los Angeles as was writing his authorized 2/17/25, 12:08 Sam Weller | File 770 43/91 biography), he would often speak about the 1918 virus, the so-called \u201cSpanish flu.\u201d This was in the early 2000s, when few understood the damage a pandemic could wreak. Pandemics were the stuff of a Michael Crichton novel, not our own reality. Bradbury was dumbfounded that the 1918 tragedy had faded from our cultural consciousness. \u201cNobody talks about it anymore,\u201d he said with remorse. The 1918 pandemic claimed at least 50 million lives around the world; in the United States, the death toll is estimated to be near 675,000. \u2026Bradbury lost two family members to the 1918 pandemic. These deaths, with their associated grief, imbue much of his oeuvre. Mortality, loneliness, letting go were the central motifs to Bradbury\u2019s first book, Dark Carnival (1947), published when he was only 27 years old, and dubbed by Stephen King as the \u201cDubliners of American Gothic.\u201d Ray Bradbury was born on August 22, 1920, after the flu pandemic had ended. The virus had taken a devastating toll on his family have spent two decades delving into Bradbury\u2019s genealogy, combing through lost records, staring blurry-eyed at microfiche screens, trying to understand and fully appreciate how Bradbury\u2019s formative years (what he called his \u201croot system\u201d) shaped him as a writer\u2026. (4 PIRATES. Barry Hoffman, Publisher, Gauntlet Press sent out this warning to his list on April 28: Have you ever come across a deal that seemed too good to pass up customer wrote to me asking if a 3000 copy edition of Ray Bradbury\u2019s Dark Carnival being offered by Dragon Books was a scam. The offer seemed to be too good to be true \u2026 and in fact, it was an illegal sale of the title. When Ray Bradbury agreed to let us publish his first short story collection as a signed limited his agent, Don Congdon, told me it would be the only printing of the book, after which it would go back into the vault. But here was a listing of the book for $3.99 with a bookplate signed by Bradbury (with the cover art of our version). It made no sense. Bradbury, of course, has passed away. He agreed with his agent that after our release of the book there should be no other. And, where would the publisher get 3000 bookplates by Bradbury? To offer a version of Bradbury\u2019s acclaimed first book for less than $4 was ludicrous contacted Bradbury\u2019s agent Michael Congdon (son of Don) who sent Dragon Books a cease and desist letter. They agreed and the listing has been removed\u2026. It has always been our goal to protect the legacy of authors we have published. Ray Bradbury and Richard Matheson can no longer protect their work. However, both still have agents who will take action when an illegal version of their writing is offered. If you see Bradbury or Matheson books (especially signed versions) being offered (other than on legitimate secondary markets like eBay and Abe.com) please 2/17/25, 12:08 Sam Weller | File 770 44/91 contact me at gauntlet66@aol.com and will look into the offering and, if necessary, contact their agent. (5 WORDS. In Science Fiction Author\u2019s Pointers for Worldbuilding with Negative Space\u201d on CrimeReads, Stina Leicht cites classics by Bradbury, Le Guin, and Butler as examples of how it\u2019s what you don\u2019t show in worldbuilding that is as important as what you do show. \u2026It might be easier to imagine world-building as an iceberg floating in the sea of plot. The reader only sees a small percentage of it. The rest is deep beneath the water and affects everything in the water\u2014visibly and invisibly. That said, communicating with the empty spaces takes a deft hand because the border between too little and just right is quite thin. In addition, Americans in particular are often socially conditioned to say more and listen less. That\u2019s why world building in the blank spaces is an advanced technique most often employed by authors with experience and skill great deal of worldbuilding can happen with what is left unsaid\u2026. (6 FANBASE. The \u201cRay Bradbury: Inextinguishable\u201d virtual exhibit at the American Writers Museum includes a treasured letter. (Click for larger image.) One of the letters that Ray received in 2003 was of particular significance. It was from Thomas Steinbeck, the son of Ray\u2019s childhood literary hero John Steinbeck. In the letter, Thomas told Ray that the entire family had been fans of him for years. John would read to the children, and would often choose Ray\u2019s stories. This in turn inspired Thomas to become a writer when he got older. It is amazing that Ray inspired the son of a writer that inspired him so much, and shows the enduring legacy of his writing and personality. The File 770 post \u201cBradbury at Big Read\u201d includes a photo of Ray and Thomas at an encounter in Santa Barbara in 2009. 2/17/25, 12:08 Sam Weller | File 770 45/91 (7 CAFETERIA. The eatery hosted gatherings in the Thirties, and Ray held court there may times in later years. This is/was the dedicated Ray Bradbury booth at Clifton\u2019s in the Gothic Bar room. Photo by Steve Leiva. (8 BRADBURY. Joe R. Lansdale joined a Virtual Session to talk about Hap & Leonard, Batman and Ray Bradbury. (9 451. Christie Hefner will discuss Playboy Magazine and Ray Bradbury\u2019s Fahrenheit 451 in a free livestream on May 25, 6:30 Central. Register at Eventbrite: \u201cPlayboy and Virtual Sessions - Dominic Loise and Joe R. Lansdale Virtual Sessions - Dominic Loise and Joe R. Lansdale 2/17/25, 12:08 Sam Weller | File 770 46/91 Fahrenheit 451 Program with Christie Hefner\u201d. In 1954, when Playboy magazine was in its infancy, it published a three-part serialized novel about the perils of censorship and the seductive lure of anti- intellectual movements. The magazine introduced thousands of readers unfamiliar with science fiction to the genre\u2019s masterwork and helped make it a classic. Former Chairman Playboy Enterprises Christie Hefner talks about the landmark publication and its influence. This program is made possible by Big Read Big Read is a program of the National Endowment for the Arts (NEA) designed to broaden our understanding of our world, our communities, and ourselves through the joy of sharing a good book. The American Writers Museum is one of 78 not-for-profit organizations to receive a grant to host an Big Read project between September 2019 and December 2021. The presents Big Read in partnership with Arts Midwest. (10 HEADLINER. Franco Laguna Correa discusses \u201cRay Bradbury on War, Recycling, and Artificial Intelligence\u201d at Public Books. One of the roles of science fiction is to provide readers with a glimpse of how the future could be. Ray Bradbury didn\u2019t get everything about the future right. We haven\u2019t yet seen books and reading made illegal (as in his 1953 Fahrenheit 451), just as we haven\u2019t yet discovered another planet ready for American colonizers (as in his 1950 The Martian Chronicles). And yet, the themes he explored in those books\u2014mass media and censorship, colonization and environmental change\u2014are more relevant than ever. Even in his lesser-known works\u2014such as the 1951 sci-fi collection The Illustrated Man, Bradbury tackles a surprising array of issues that feel as if they were ripped from today\u2019s headlines\u2026. 1 2 2/17/25, 12:08 Sam Weller | File 770 47/91 (11 DISNEY. In \u201cThe Optimistic Futurist\u201d Leonard Maltin interviews Ray Bradbury about Walt Disney. From the Walt Disney Treasures DVDs, this is an interview about Walt Disney. It is a bonus feature from the set, and here it is meant to shed light on the genius of Walt Disney. (12 INFLUENCE. Dana Gioia calls it the \u201cRay Bradbury\u2019s Butterfly Effect\u201d: \u2026Was Bradbury really a major writer? Or was he simply the amiable pioneer of a dynamic popular genre? The question persists, so let me offer what believe will be Bradbury\u2019s particular claim to literary posterity. For one astonishingly productive decade\u2014from 1950 to 1960\u2014Ray Bradbury was probably the most influential fiction writer in the English language. Please note that I\u2019m not claiming he was the best writer or that he exerted the most influence on his fellow writers. In strictly literary terms, Bradbury was not remotely the equal of Flannery O\u2019Connor, Graham Greene, Chinua Achebe, John Cheever, or a dozen other of his Anglophonic contemporaries. Bradbury\u2019s enormous impact was felt mostly outside the literary world\u2014on scientists, filmmakers, architects, engineers, journalists, librarians, artists, and entrepreneurs. Above all, his influence was felt on the young, the generation of adolescents who would shape the late twentieth and early twenty-first centuries. Bradbury\u2019s impact is still evident from Disneyland to Cape Canaveral, from Hollywood to Silicon Valley. It is even evident on other planets. When the Mars rover Curiosity touched down two months after the author\u2019s death The Optimistic Futurist | Ray Bradbury and Leonard Maltin The Optimistic Futurist | Ray Bradbury and Leonard Maltin 2/17/25, 12:08 Sam Weller | File 770 48/91 scientists named the spot Bradbury Landing. He was the paperback bard of book burning, the Butterfly Effect, virtual reality, and the full-body tattoo. Bradbury\u2019s dreams and nightmares of space travel, nuclear holocaust, interactive media, robotics, censorship, mass illiteracy, and environmental payback provided the mythic structure for millions of other dreamers in science, entertainment, and technology. (13 & COMICS. The staff from the Ray Bradbury Experience Museum share behind-the-scenes views of the museum and stories of Bradbury\u2019s love of comics in this 90-minute video. [Thanks to John King Tarpinian, Michael Toman, Will R., and Martin Morse Wooster for these stories.] Posted in Clipping Service | Tagged Barry Hoffman, Christie Hefner, Clifton's Cafeteria, Leigh Brackett, Leonard Maltin, Ray Bradbury, Ray Bradbury Experience Museum, Sam Weller, Stina Leicht, Walt Disney Ray Bradbury & Comics- Ray Bradbury & Comics- Pixel Scroll 4/24/21 The Fantastic Voyage Of Space Force Beagle One To The Non-Fungi Bottom Of The Fabulous Mushroom Planet Of The Apes Of Wrath, And Back Again Posted on April 24, 2021 by Mike Glyer 2/17/25, 12:08 Sam Weller | File 770 49/91 (1 EYE. Catherine Lacey\u2019s short story \u201cCongratulations on Your Loss\u201d is the latest from Future Tense Fiction, a monthly series of short stories from Future Tense and Arizona State University\u2019s Center for Science and the Imagination. \u2026Inside was a large photograph printed on thin paper, an image filling the whole sheet. The photograph\u2014a grainy shot of a woman jaywalking across a street with a large blue purse tucked under one arm\u2014had been taken from a high angle. On the left edge of the photograph a white car was visible, headed directly toward the woman, and on the right side a bit of a pedestrian walkway could be seen citation was printed on the back\u2014this woman, it explained, was Enid, and Enid had illegally crossed Street last Thursday at 3:34 in the afternoon. The fine was enough to buy a week of modest groceries\u2026. It comes with a response essay by human rights lawyer Nani Jansen Reventlow: \u201cThere\u2019s no such thing as flawless facial recognition technology few years ago attended a meeting for litigators at a digital rights conference. When entering the room saw many familiar faces, and a few that were unfamiliar. When introduced myself to one of the women had never seen before, a white woman, she reacted in a most offended manner. \u201cYes, we met this morning at your office,\u201d she snapped at me. Given that had been nowhere near my office that morning was quite sure she was mistaken. In the course of this awkward exchange, it dawned on me that she was confusing me with my boss: also a woman of color, but in no way resembling me otherwise. \u201cAh, yes, we all look alike sighed, rolling my eyes, and moved on\u2026. (2 AUTHORS. The Rutgers Writers House presents \u201cThe Hobbit Rutgers Day Round Robin Reading (Part 2)\u201d a video on Facebook: Tolkien lived through a lot. His own global pandemic, two world wars (which included, of course, the bloody Battle of Somme), the Great Depression, the death of both parents by age twelve. Despite being disillusioned (like most of his generation), his stories are incredibly illusioned. And we need them now. These stories of adventure, of vigilance, of hardship and humor and hope. Here, then, is the next virtual installment of our continuing round robin reading of Tolkien\u2019s The Hobbit (Chp 2 & 3). With over a hundred readers. Featuring a robust roster of students/alumni and faculty/staff, as well as two dozen authors, including Lev Grossman, Eoin Colfer, Stephen Graham Jones, Ellen Kushner, Joe Abercrombie, Karen Russell, Catherynne Valente, and Brian Selznick. Plus, Jeff VanderMeer, inexplicably dressed like a giant, blue caterpillar and Darcie Little Badger flipping and fanning a butterfly knife (which suppose makes a strange sort of sequential sense). Lots of armor, too (both mail and plate). And plenty of hoods, torches, and swords. All in just an hour\u2026. 2/17/25, 12:08 Sam Weller | File 770 50/91 (3 World Service announces new original podcast, The Lazarus Heist\u201d \u2013 Exchange4Media has the highlights: The World Service has announced its major new original podcast, The Lazarus Heist. It tells the true story of an attempted $1 billion hack, which investigators say was carried out by a secretive ring of elite North Korean hackers. The Lazarus Heist is presented by cybercrime investigative journalist Geoff White and Pulitzer-nominated veteran foreign correspondent and world renowned North Korea expert, Jean Lee. Geoff has been investigating the underworld of digital crime for years, while Jean has extensive experience of reporting from inside North Korea. This major new release will initially run for 10 episodes, released weekly. The first episode is at Sounds: \u201cThe Lazarus Heist \u2013 1. Hacking Hollywood movie, Kim Jong-un and a devastating cyber attack. The story of the Sony hack. How the Lazarus Group hackers caused mayhem in Hollywood and for Sony Pictures Entertainment. And this is just the beginning\u2026 (4 SOLUTION. In \u201cThe Creative Sherlock Holmes: Appreciating the Rational Thinker\u2019s Hidden Artistry\u201d at CrimeReads, Bonnie MacBird says that Sherlock Holmes was also an artist as well as a cool, rational thinker, and we need to understand his artistic side if we are to appreciate his abilities. \u2026Of course Holmes is every bit as much as artist as he is a scientist. But artists create. What, exactly does Holmes create? You won\u2019t find daubs of cerulean blue paint on his frock coat. \u201cData, data, data cannot make bricks without clay!\u201d says he. His art material is this data, this clay\u2014the details, the facts of the case which he has observed or ferreted out. But only Holmes creates these bricks which build up the solution. He creates a mental model of \u201cwhat happened, who did it, how, and why?\u201d\u2026 (5 BRADBURY. The American Writers Museum hosts \u201cSam Weller: Telling Bradbury\u2019s Story\u201d on April 27 at 6:00 p.m. Central. Register for the free program here. Ray Bradbury\u2019s authorized biographer Sam Weller discusses the life and legacy of the iconic American writer. In conversation with American Writers Museum President Carey Cranston, Weller will speak on Bradbury\u2019s writing, his worldwide 2/17/25, 12:08 Sam Weller | File 770 51/91 impact, and his enduring relevance in American literature today. This program will be hosted on Zoom. (6 TIPS. Elseweb on April 27, Anglia Ruskin University hosts Elizabeth Bear in another free online event Presents \u2013 a conversation with: Elizabeth Bear \u2018How to Survive a Literary Life\u2019\u201d. Begins at 9:30 a.m. Pacific. There\u2019s a lot of information out there on how to perfect your work and seek publication. There\u2019s not as much about how to deal with the stresses of writing for a living\u2014inconsistent income streams, uncertainty, arbitrariness of the market, mental health issues, public exposure, professional jealousy, exploitative contracts, and more. 2/17/25, 12:08 Sam Weller | File 770 52/91 Elizabeth Bear (7 FAMOUS. Jeff Foust reviews a new documentary about Gerard K. O\u2019Neill, \u201cThe High Frontier\u201d, for The Space Review. 2/17/25, 12:08 Sam Weller | File 770 53/91 \u2026O\u2019Neill is largely forgotten, even among many who work in the space industry in some way today. But at the peak of interest in space colonies in the 1970s, O\u2019Neill was, at least briefly, in the cultural mainstream, appearing on \u201cThe Tonight Show\u201d with Johnny Carson and profiled on \u201c60 Minutes.\u201d The prospect of giant cities in space, built of out lunar materials that could also support development of space solar power facilities, seemed at least in the realm of the possible at the time. The new documentary The High Frontier: The Untold Story of Gerard K. O\u2019Neill attempts to rekindle that interest while reexamining the life of O\u2019Neill. The 90-minute film had its premiere Saturday night on the Space Channel online, and is now available to rent or buy on various services, including iTunes and Google Play. The movie extensively uses archival footage, including those \u201cThe Tonight Show\u201d and \u201c60 Minutes\u201d appearances, as well as another show where O\u2019Neill appeared alongside Isaac Asimov. That footage is combined with interviews with his family, colleagues, and others who knew or were inspired by him. It\u2019s a who\u2019s-who of the space advocacy community, with people such as Rick Tumlinson, Peter Diamandis, and Lori Garver, as well as pioneers in the commercial space industry like Charles Chafer and Jeffrey Manber. (Jeff Bezos and Elon Musk also appear in the film, but in footage from speeches they gave rather than interviews with the filmmakers.)\u2026 (8 BIRTHDAY. April 24, 1955 \u2014 The Minus One radio program aired on for the first time. Written by Ray Bradbury, \u201cAnd The Moon Be Still As Bright\u201d is the tale of Mars expedition which finds the Martians extinct due to chickenpox brought to them by previous expeditions. The crew save one decide to destroy all Martian artefacts. Ernest Kinoy wrote the script from the story by Bradbury, and the cast included John Larkin and Nelson Olmstead. The show would run from now until January 8, 1958 with many of coming from well-known authors including Anderson, Pohl, Asimov, Blish, Leiber, Heinlein and Simak to name just a few. You can hear this episode here. (9 BIRTHDAYS. [Compiled by Cat Eldridge and John Hertz.] Born April 24, 1900 \u2013 Elizabeth Goudge score of novels, thirty shorter stories; here is The Little White Horse. Nonfiction e.g. a Life of St. Francis. Carnegie Medal. Fellow of the Royal Society of Literature. Memoir The Joy of the Snow. (Died 1984) [JH] Born April 24, 1911 \u2013 Evaline Ness. Half a dozen covers, many interiors for us; much else. Here is The Book of Three. Here is Coll and His White Pig. Here is Taran Wanderer. Here is an interior for Sam, Bangs & Moonshine. Caldecott Medal. Society of Illustrators Original Art Lifetime Achievement Award. See this Univ. Minnesota note. (Died 1986) [JH] 2/17/25, 12:08 Sam Weller | File 770 54/91 Born April 24, 1930 \u2014 Richard Donner, 91. He\u2019s credited in directing Superman which is considered by many to be the first modern superhero film. H\u2019h. Well I\u2019m instead going to celebrate him instead for Scrooged, The Goonies and Ladyhawke. Not to mention the horror he did \u2014 Tales from the Crypt presents Demon Knight and Bordello of Blood. Oh, and the first X-Men film which was superb. (CE) Born April 24, 1936 \u2014 Jill Ireland. For her short life, she showed up in an amazing number of genre shows. She was on Star Trek romancing Spock as Leila Kalomi In \u201cThis Side of Paradise\u201d episode. She had five appearances on The Man from U.N.C.L.E. as well as being on Night Gallery, My Favorite Martian, Voyage to the Bottom of the Sea, The Voodoo Factor and the film The Girl, the Gold Watch & Everything based on the 1962 novel of the same name by John D. MacDonald. (Died 1990.) (CE) Born April 24, 1946 \u2014 Don D\u2019Ammassa, 75. Considered to be one of the best and fairest long-form reviewers ever. His Encyclopedia of Science Fiction covers some five hundred writers and his two newer volumes, Encyclopedia of Fantasy and Horror Fiction and Encyclopedia of Adventure Fiction are equally exhaustive can\u2019t comment on his fiction as I\u2019ve only ever encountered him as a reviewer. It appears the only novel of his available from the usual suspects is 39 Wanda Coyne novel. (CE) Born April 24, 1950 \u2014 Michael Patrick Hearn, 71. Academic who has some of the best annotated works I\u2019ve had the pleasure to encounter wholeheartedly recommend both The Annotated Wizard of Oz and The Annotated Christmas Carol, not to overlook Victorian Fairy Tales which is simply the best collection of those tales. (CE) Born April 24, 1953 \u2013 Larry Carmody, age 68. Fanzines Eternity Road and (with Stu Shiffman) Raffles. Chaired Lunacon \u201984. [JH] Born April 24, 1955 \u2013 Wendy Delmater, age 66. Eight short stories, four poems for us; editor, Abyss & Apex. Otherwise e.g. Confessions of a Female Safety Engineer. Website. [JH] Born April 24, 1973 \u2013 Judy Budnitz, age 48. One novel, three shorter stories for us; maybe we should count others, see this note in Harvard Magazine. \u201cMagical or horrific or impossible things might happen in my stories, but the characters are always guided by the same human emotions that we all share.\u201d Two collections. Jaffee Foundation Award, Wallant Award. [JH] Born April 24, 1974 \u2013 Leigh Fallon, age 47. Four novels, one shorter story. After a career in corporation treasury, traveling to eight countries, decided to write; now, with husband and four children, only travels between U.S. and Ireland. So much for escapism. [JH] Born April 24, 1983 \u2014 Madeline Ashby, 38. California-born Canadian resident writer whose Company Town novel created an entire city in an oil rig. Interestingly In 2013, she was a finalist for the Astounding Award for Best New Writer but recused herself on the grounds that her pro career started with her \u201809 publication of a short story in Nature, so her two-year eligibility period had already expired. And her Machine Dynasties series is simply brilliant with resonances of the Murderbot series on it. (CE) (10 SECTION. Off the Mark covers a kaiju fashion dispute. And Frankenstein strives for sartorial splendor at Bizarro. 2/17/25, 12:08 Sam Weller | File 770 55/91 (11) BARBARELLA. Bleeding Cool reports \u201cSarah A. Hoyt Writes Barbarella #1 For Dynamite July 2021 Solicits\u201d. Believe me, I\u2019m not going to start reporting every time a Puppy writes a comic, however wasn\u2019t previously aware Hoyt was working in the field. So, news to me! Sci-fi and fantasy novelist Sarah A. Hoyt, author of Uncharted, Darkship Thieves, and many more, is writing a new Barbarella series from Dynamite, based on the classic comic books, novels and movie, with new artist Madibek Musabekov, coming out in July. (12 VS. SERVICES. \u201cLibraries Can Use Funds on E-books, but Change May Be Needed\u201d \u2014 Publishers Weekly analyzes the issue. Federal and state library officials have confirmed that funds allocated under the $1.9 trillion American Rescue Plan (ARPA) can be used to purchase digital content. But in guidance issued this week, leading vendor OverDrive clarified that the current licensing terms used by some publishers may have to be amended for libraries to license titles using those funds. In a notice that went out to library customers on April 20, following conversations with officials, state librarians, and publishers, OverDrive explained that while has advised that licensing digital content is an acceptable use of funding, the agency also concluded that \u201cmetered\u201d e-book access (licenses that apply lend or time limits on circulation) may be categorized as a \u201cservice\u201d rather than as a \u201cmaterials\u201d purchase. And because funds must be used within a 16-month window (from June 1, 2021 through September 30, 2022), some of the lend-limited or time-limited licenses currently offered by publishers may not fully qualify under if the license term extends beyond the September 30, 2022 deadline for using funds\u2026. (13 PUNISHMENT. Yahoo! News says that \u201cAn Oklahoma woman was charged with felony embezzlement for not returning a \u2018Sabrina the Teenage Witch tape more than 20 years ago\u201d. But the charge has now been dismissed. \u2026Caron McBride reportedly rented the \u201cSabrina The Teenage Witch\u201d tape at a now closed store in Norman, Oklahoma in 1999, according to KOKH-TV. She was charged a year later, in March 2000, after it was not returned reported citing documents. McBride was notified about the charge by the Cleveland County District Attorney\u2019s Office when she was attempting to change the name of her license after she got married, the news station reported. \u201cShe told me it was over the tape and had to make her repeat it because thought, this is insane. This girl is kidding me, right? She wasn\u2019t kidding,\u201d McBride told KOKH-TV, adding that she does not recall renting the video. 2/17/25, 12:08 Sam Weller | File 770 56/91 had lived with a young man, this was over 20 years ago. He had two kids, daughters that were 8, 10, or 11 years old, and I\u2019m thinking he went and got it and didn\u2019t take it back or something have never watched that show in my entire life, just not my cup of tea. Meanwhile, I\u2019m a wanted felon for a tape,\u201d McBride told the news station. The district attorney\u2019s office has dismissed the charges. McBride also recalled randomly getting let go from a few jobs, and now she understands why. \u201cThis is why\u2026 because when they ran my criminal background check, all they\u2019re seeing is those two words: felony embezzlement,\u201d McBride told KOKH-TV. (14 AIR. Bad Astronomy\u2019s Phil Plait tells how\u201cNASA\u2019s made oxygen on Mars\u201d for Wire readers, Well, isn\u2019t this a breath of fresh air: An experiment on board the Mars Perseverance rover designed to produce breathable oxygen from carbon dioxide has been switched on and is working! On April 20 it produced 5 grams of oxygen \u2014 not a huge amount, but it\u2019s designed to make as much as 10 grams per hour, and this is the very first time oxygen has been converted from native air on another planet. The device is called \u2014 the Mars Oxygen In-Situ Resource Utilization Experiment \u2014 and it\u2019s small (like everything sent to Mars, size and mass are at a premium)\u2026. (15 SPRING. [Item by Martin Morse Wooster.] In \u201cThe Rite of Teletubbies\u201d on YouTube, Martim Gueller fuses the Teletubbies with \u201cThe Rite of Spring\u201d! (This will really get your weekend started right!) The Rite of Teletubbies The Rite of Teletubbies 2/17/25, 12:08 Sam Weller | File 770 57/91 (16 HISTORY. On the 1950s British Science Fiction YouTube channel, lifelong fan Philip Harbottle talks about his introduction to sff in the 1950s, and show some rare vintage books from his collection. Episode 20 covers the Tit-Bits Science Fiction Library. [Thanks to John King Tarpinian, Mike Kennedy, JJ, Martin Morse Wooster, Andrew Porter, Cat Eldridge, John Hertz, and Michael Toman for some of these stories. Title credit goes to File 770 contributing editor of the day Daniel Man Plan Pleonasm\u201d Dern.] Posted in Pixel Scroll | Tagged Catherine Lacey, crime, Elizabeth Bear, Future Tense, Gerald K. O'Neill, Mars Exploration Rovers, Phil Harbottle, Phil Plait, Ray Bradbury, Sam Weller, Sarah A. Hoyt, Sherlock Holmes, The Hobbit The Tit-Bits Science Fiction Library (#20) The Tit-Bits Science Fiction Library (#20) Pixel Scroll 12/29/20 Mime In Tesseract Still Has Ways To Get Out Posted on December 29, 2020 by Mike Glyer (1 CHAMPION. The Los Angeles Review of Books hosts \u201cRay Bradbury at 100 Conversation Between Sam Weller and Dana Gioia of the great Ray Bradbury, biographer Sam Weller sat down with former California poet laureate and former chairman of the National Endowment for the Arts Dana Gioia for a wide-ranging conversation on Bradbury\u2019s imprint on arts and culture. 2/17/25, 12:08 Sam Weller | File 770 58/91 WELLER: The first time met you was at the White House ceremony for Ray Bradbury in November 2004. You were such a champion for Ray\u2019s legacy \u2014 his advocate for both the National Medal of Arts and Pulitzer Prize. As we look at his 100th birthday want to ask: Why is Bradbury important in literary terms GIOIA: Ray Bradbury is one of the most important American writers of the mid-20th century. He transformed science fiction\u2019s position in American literature during the 1950s. There were other fine sci-fi writers, but Ray was the one who first engaged the mainstream audience. He had a huge impact on both American literature and popular culture. He was also one of the most significant California writers of the last century. When one talks about Bradbury, one needs to choose a perspective. His career looks different from each angle\u2026. (2 BRADBURY. [Item by Martin Morse Wooster.] This is from \u201cBeard Mumblings,\u201d a column by Bob Tucker that appears in the recently published Outworlds 71, but which was written in 1986 and is about the 1986 Worldcon. There were some very pleasant memories of the con. One of them was when Ray Bradbury recognized me in the huge 10th floor consuite and came over to shake and talk. Mind you, we had not met each other for 40 years. Our last meeting was the 1946 Worldcon in Los Angeles, yet he recognized and remembered was very pleased to see him again, and equally pleased to get his autograph across the page of his chapter in Harry Warner\u2019s All Our Yesterdays. Judging the way he examined that page and that chapter, he doesn\u2019t have a copy. (3 MATCH. Professor Louise A. Hitchcock makes a connection in \u201cThe Mandalorian and Ancient Mediterranean Societies: The Way of The Force?\u201d at Neon Kosmos SPOILERS. \u2026Thus, like both Achilles and Gilgamesh of early epic, baby Grogu has semi-divine aspects paired with Din Djarin\u2019s stoic sense of duty and discipline. The pairing both calls to mind Patroclus who becomes a role model to the younger Achilles as well as Enkidu who becomes humanised through his friendship with Gilgamesh. In each epic tale the pair are changed by their bond of affection which is forged through shared experience. In all of these epics, the friends are also tragically separated, our ancients by death, and Grogu by Din Djarin\u2019s quest to return him to the Jedi to finish his training. An element of danger is added by the fact that the Empire is seeking to capture or buy Grogu to increase its power through acquiring his force sensitive blood. The weekly quest for survival as Din and Grogu, pursue their goal operates on the basis of pre-monetary economy that is reminiscent of maritime trade in the ancient Mediterranean. Food and drink are sometimes obtained through a shared code of hospitality, exchanging mercenary acts for information or needed supplies, transporting individuals from one port to another, providing Beskar ingots in 2/17/25, 12:08 Sam Weller | File 770 59/91 exchange for ship repairs, and even trading spices. In other words, things haven\u2019t changed a lot since the Silk Road brought needed goods from Asia to Mesopotamia or ships transported copper from Cyprus to Crete. (4 BOOKS. [Item by Rob Thornton.] Games Designers Workshop is doing two Bundles of Holding that together will contain all of legendary science fiction roleplaying game Traveller\u2019s Little Black Books (LBBs). Currently, \u201cTraveller LBBs 1\u201d and \u201cTraveller LBBs 2\u201d are available. Both bundles together comprise the complete collection. Traveller! We\u2019ve resurrected both of our 2015 offers of the classic \u201cLittle Black Books\u201d from the Golden Age of Traveller, the original science fiction tabletop roleplaying game. Together these two bargain-priced offers give you DRM-free ebooks of all 50+ rulebooks, supplements, and adventures published as half- size manuals (with elegant black covers) by Game Designers\u2019 Workshop, 1977-1982. (5 LIFE. Stephen R. Donaldson mourns the response to his latest draft. 11/12/20 \u201cThe Killing God\u201d: progress report I\u2019ve finally finished my first-pass revision of Book Three of WAR, \u201cThe Killing God\u201d (formerly known as \u201cThe Last Repository\u201d). The text is now ready to deliver to my agent and editor. In its current form, it stands at 1100 pages, a bit more than 283,000 words. What happens next? My agent will read the book much faster than my editor will; but won\u2019t start on the next revision until I\u2019ve received what are politely called \u201ccomments\u201d from both of them. At that point, no doubt, Berkley (and Gollancz in the UK) will schedule publication. Sometimes this requires me to do my next revision in a hurry. But not always. 12/6/20 \u201cThe Killing God\u201d: bad news My agent has submitted the book to my editor at Berkley. Without reading it (!), my editor informed me that Berkley will not consider publishing the book until cut 100,000 words. Roughly 35% of the text. On the assumption that will not do such violence to my own work, Berkley has removed the book from their publication schedule. Their assumption is correct. At this stage routinely prune my manuscripts by 10 may conceivably be able to go as far as 15%. But whether or not anyone likes my characters and how handle them, my stories are very tightly plotted. Each piece relies on\u2013and is implied by\u2013what came before it can\u2019t mutilate Book Three without making the entire trilogy incoherent. My agent believes that where we stand now is not the end of \u201cThe Killing God.\u201d (Never mind of my career.) He has persuaded my editor to go ahead and read the book. He hopes that seeing how strongly Book Three caps Books One and Two 2/17/25, 12:08 Sam Weller | File 770 60/91 (which she loved) will persuade her to rethink her position have my doubts suspect that her position is corporate rather than editorial: my books no longer earn enough to make them worth publishing regardless of their intrinsic merits. Naturally hope I\u2019m wrong. When have more news, I\u2019ll post it here don\u2019t expect to hear anything until sometime in January. (6 READING. Sam J. Miller will be featured on the virtual New York Review of Science Fiction reading, Tuesday, January 5, 2021 at 7:00 EST. Now that the Dystopia Year of 2020 is over, we will begin 2021 with the wonderful writer Sam J. Miller to make sure we stay on our toes. Sam J. Miller is the Nebula Award-winning author of The Art of Starving (an best of the year) and Blackfish City (a \u201cMust Read\u201d in Entertainment Weekly and O: The Oprah Winfrey Magazine). Sam\u2019s short stories have been nominated for the World Fantasy, Theodore Sturgeon, and Locus Awards, and reprinted in dozens of anthologies. He is the last in a long line of butchers, and he has also been a film critic, a grocery bagger, a community organizer, a secretary, a painter\u2019s assistant and model, and the guitarist in a punk rock band. He lives in New York City, and at samjmiller.com After the reading general series dogsbody Amy Goldschlager will interview the author, and then we\u2019ll open up the discussion to general questions from our virtual audience. Barbara Krasnoff will be the Audience Wrangler. Please help us keep the series going by donating to Reading Series producer Jim Freund at PayPal.me/HourWolf. (7 HONORVERSE. Eric Flint did a title reveal on Facebook today. Well, it\u2019s official. After much wrangling and soul-searching, we\u2019ve settled on the title To End In Fire for the upcoming Honorverse novel David Weber and are writing. It\u2019s tentatively scheduled for publication in October tried to hold out for the more exciting title of The Cabal In The Luyten 726-8b Ceti) System, but David overruled me. He thinks that title is too obscure find that hard to believe, given that the star system is clearly identified in the Gliese Catalog of Nearby Stars, which I\u2019m sure can be found on every literate person\u2019s bookshelves. But, he\u2019s got the final sayso on account of he\u2019s the one who created this whole setting. Titles are just window dressing, anyway. What matters is the story \u2014 which in this case is shaping up to be a dandy. If say so myself as shouldn\u2019t, if subscribed to 2/17/25, 12:08 Sam Weller | File 770 61/91 Samwise Gamgee notions of modesty. Which (clears the throat don\u2019t, on account of I\u2019m a shameless scribbler and he\u2019s, well, a hobbit when you get right down to it. (8 OBIT. Actor Basil Moss (1935-2020) died November 28. There\u2019s an overview of his career in The Guardian. Basil Moss, who has died aged 85, was a perennial character actor often popping up in popular series as authority figures, but he found his best parts in two soaps. He became a familiar face on television as the librarian Alan Drew in Compact, set in the offices of a glossy women\u2019s magazine\u2026 After Compact, Moss\u2019s other roles included \u2026 a doctor with the hi-tech military agency Shado, defending the Earth against aliens, in (1970-71), the puppet master Gerry Anderson\u2019s first full live-action series; and Robert Atkinson in the political thriller series First Among Equals (1986). Uncredited, Moss was also seen as a Navy submarine officer in the James Bond film You Only Live Twice (1967). (9 BIRTHDAY. December 29, 1967 \u2014 \u201cThe Trouble with Tribbles\u201d first aired as written by David Gerrold and directed by Joseph Pevney, with some of the guest cast being Stanley Adams as Cyrano Jones, Whit Bissell as Station Manager and Michael Pataki as Korax. Memory Alpha says \u201dWah Chang designed the original tribbles. Hundreds were sewn together during production, using pieces of extra-long rolls of carpet. Some of them had mechanical toys placed in them so they could walk around.\u201d Memory Alpha also notes Heinlein had Martian flat cats in The Rolling Stones that were similar to these and Roddenberry called to apologize for these being so similar. Who remembers these? It would come in second in the Hugo balloting to \u201cThe City on the Edge of Forever\u201d written by Harlan Ellison. All five final Hugo nominees at Baycon were Trek episodes written by Jerome Bixby, Norman Spinrad and Theodore Sturgeon. 2/17/25, 12:08 Sam Weller | File 770 62/91 (10 BIRTHDAYS. [Compiled by Cat Eldridge and John Hertz.] Born December 29, 1843 \u2013 Carmen Sylva. Keyboardist (piano, organ), singer, graphic artist (painting, illuminating), poet, writer in English, French, German, Romanian, she left us particularly a dozen tales published in English as Pilgrim Sorrow, one in The Ruby Fairy Book and more recently in the VanderMeers\u2019 Big Book of Classic Fantasy (2019 was a pen name, she was the Queen of Romania. (Died 1916) [JH] Born December 29, 1915 \u2013 Charles L. Harness dozen novels, five dozen shorter stories; appreciation of Van Vogt in Nebula Awards 31; interview Did It for the Money\u201d in Locus (but, as has often been said, fiction-writers are liars (Science Fiction & Fantasy Writers of America) Author of Distinction. Best known for \u201cThe Rose\u201d and The Paradox Men. Three (New England Ass\u2019n) Press books; here is Jane Dennis\u2019 cover for Cybele, with Bluebonnets. Patent lawyer. (Died 2005) [JH] Born December 29, 1916 \u2014 John D. MacDonald. He wrote three genre novels of which think the best by far is The Girl, the Gold Watch & Everything. He also wrote some sixty genre short stories, many of the genre are collected in End of The Tiger which is available from the usual digital suspects (Died 1986.) (CE) Born December 29, 1924 \u2013 Art Rapp. At his home in Michigan he welcomed fans and published Spacewarp; after two years\u2019 Army service in Korea he married Nancy Share and moved to Pennsylvania. Two N3F Laureate Awards (Nat\u2019l Fantasy Fan Fed\u2019n), later a term as N3F President. To him was revealed the fannish ghod (naturally opinions differ on what this h is for; it may indicate the shape of a cheek with a tongue in it) Roscoe. (Died 2005) [JH] 2/17/25, 12:08 Sam Weller | File 770 63/91 Born December 29, 1928 \u2014 Bernard Cribbins, 92. He has the odd distinction of first showing up on Doctor Who in the Peter Cushing as The Doctor non-canon Daleks\u2019 Invasion Earth 2150 A.D. film. He would show up in the canon when he appeared as Wilfred Mott in the Tenth Doctor story, \u201cVoyage of the Damned\u201d, and he\u2018s a Tenth Doctor companion himself in \u201cThe End of Time\u201d, the two-part 2009\u201310 Christmas and New Year special. (CE) Born December 29, 1945 \u2013 Sam Long, age 75. First noted in Fred Hemmings\u2019 Viewpoint reporting Eastercon 23, he notably published (with Ned Brooks) the Mae Strelkov Trip Report (as you can see here; PDF) after friends brought the fine fanartist from Argentina still appears e.g. in The Void (pronounce it M-T, not as an abbreviation for mountain). [JH] Born December 29, 1950 \u2013 Gitte Spee, age 70. This Dutch artist born in (on?) Java has done lots of illustrations for us. Here is Detective Gordon\u2019s first case in English and in Polish. Here is Rosalinde on the Moon(in French). [JH] Born December 29, 1961 \u2013 Kenneth Chiacchia, Ph.D., age 59. Medical science writer at Univ. Pittsburgh, and since he is ours too, member of both and the Nat\u2019l Ass\u2019n of Science Writers dozen stories; poems (the 2007 Rhysling anthology has this one). Carnegie Science Center Journalism Award. [JH] Born December 29, 1966 \u2014 Alexandra Kamp, 53. Did you know Sax Rohmer\u2019s noels were made into a film didn\u2019t. Well she was the lead in Sax Rohmer\u2019s Sumuru which Michael Shanks also shows up in. She\u2019s also in 2001 Space Travesty with Leslie Neilsen, and Dracula 3000 with Caspar van Dien. Quality films neither will be mistaken for, each warranting a fifteen percent rating among audience reviewers at Rotten Tomatoes.. (CE) Born December 29, 1963 \u2014 Dave McKean, 57. If you read nothing else involving him, do read the work done by him on and Gaiman called The Tragical Comedy or Comical Tragedy of Mr Punch Romance. Brilliant, violent, horrifying. Well and Signal to Noise by them is worth chasing down as well. (CE) Born December 29, 1969 \u2014 Ingrid Torrance, 51 very busy performer who\u2019s had one- offs in Poltergeist: The Legacy, The Sentinel, Viper, First Wave, The Outer Limits, Seven Days, Smallville, Stargate: SG-1, The 4400, Blade: The Series, Fringe, The Tomorrow People, and Supernatural. Born December 29, 1972 \u2014 Jude Law, 48 think his first role was as Jerome Eugene Morrow in Gattaca followed by playing Gigolo Joe in A.I. with my fav role for him being the title role in Sky Captain and the World of Tomorrow. He was Lemony Snicket In Lemony Snicket\u2019s Series of Unfortunate Events, Tony in The Imaginarium of Doctor Parnassus, Dr. John Watson in Sherlock Holmes and Sherlock Holmes Game of Shadows, Remy In Repo Man and he voiced Pitch Black in one of my favorite animated films, Rise of the Guardians. (CE) (11 Wire is there when \u201cThe CW\u2019s Superman & Lois drops first heroic trailer for new series\u201d. \u2026 While the teaser isn\u2019t very long (or footage-heavy for that matter), it does give us our first look at the Kent family unit, while Clark talks about how the stress of life can strengthen a person beneath the surface. His use of the phrase \u201cforged liked steel\u201d is a nice little nod to one of Superman\u2019s monickers: the Man of Steel. 2/17/25, 12:08 Sam Weller | File 770 64/91 (12 THREADS. Spider-Man\u2019s hideous new costume that looks like he tore it off a New England Patriots cornerback is revealed in Amazing Spider-Man\u2019 #61. Over the years, Spider-Man has donned a host of iconic costumes, from his classics digs to the black suit to the Iron Spider. Now in 2021, everyone\u2019s favorite Wall- Crawler will get a brand-new costume to add to his legendary wardrobe! Designed by superstar artist Dustin Weaver, this vibrant new look is unlike any that Peter Parker has worn before. The mysterious look can be seen on Weaver\u2019s incredible variant covers for #62 and April\u2019s #63. \u2026 Peter Parker will wear this new suit for his face-off against Kingpin in the next arc of writer Nick Spencer\u2019s hit run. Discover the mystery behind this top-secret costume when #61 and #62 swing into shops this March! 2/17/25, 12:08 Sam Weller | File 770 65/91 (13 CHAINS. Deadline reports \u201c\u2019Wonder Woman 1984\u2019 Opening Boosts Movie Theater Stocks, But Loses More Ground\u201d. 2/17/25, 12:08 Sam Weller | File 770 66/91 The better-than-expected Christmas-weekend opening of Wonder Woman 1984 is giving most exhibition stocks a welcome boost as the misery of 2020 gives way to hope for a brighter 2021. Shares in Cinemark, Imax, Marcus Corp. and National CineMedia rose between 3% and 7% apiece after the sequel took in $16.7 million domestically, the best bow by any film during the coronavirus pandemic. AMC, the world\u2019s largest theater circuit, was a notable exception to the rally. Its stock dropped 5% on ongoing investor concern about its liquidity and a potential bankruptcy filing\u2026. (14 STUFF. This is great \u2014 Boston Dynamics sets its robots dancing in \u201cDo You Love Me?\u201d on YouTube. (15 BETTER. \u201cJapan developing wooden satellites to cut space junk News has the story. [Via Slashdot.] \u2026The partnership will begin experimenting with different types of wood in extreme environments on Earth. Space junk is becoming an increasing problem as more satellites are launched into the atmosphere. Wooden satellites would burn up without releasing harmful substances into the atmosphere or raining debris on the ground when they plunge back to Earth\u2026. Does this train of thought wind up with Captain Harlock\u2019s spaceship? Do You Love Me? Do You Love Me? 2/17/25, 12:08 Sam Weller | File 770 67/91 (16 DAY. [By Martin Morse Wooster.] \u201cBatman: The Animated Series/The Heart of Batman\u201d on YouTube is a 2018 documentary, directed by Alexander Gray, on the 1990s \u201cBatman: The Animated Series\u201d which many critics, such as Glen Weldon, say is the best version of Batman. The film shows that the immediate inspiration for the series was Tim Burton\u2019s Batman and Steven Spielberg\u2019s desire to build an animation at Warner Bros., including giving the budget to have a full orchestra record Shirley Walker\u2019s imaginative score. Creators Bruce Timm and Eric Radomski give many influences, including film noir, German expressionist films, Citizen Kane, Max Fleischer\u2019s Superman cartoons, and the art of Alex Toth. But Andrea Romano gets a lot of credit for coming up with superb voices, including Mark Hamill as the Joker and Kevin Conroy as Batman. The series also turned Harley Quinn into a full-fledged, interesting character and led to Margot Robbie playing her in three big-budget movies. As an aside, Batman: The Animated Series discusses how earlier animated shows of the 1980s had stifling restrictions imposed by network censors. One writer (who wasn\u2019t identified) worked on Super Friends. One episode had the Justice League shrunk to midgets leading to Robin fighting a spider. The censors said the cartoon had to include a scene where the spider is seen crawling away because Robin couldn\u2019t hurt the spider. [Thanks to John Hertz, Andrew Porter, Michael Toman, JJ, Mike Kennedy, Cat Eldridge, John King Tarpinian, Rob Thornton, Louise A. Hitchcock, Michael J. Walsh, and Martin Morse Wooster for some of these stories. Title credit goes to File 770 contributing editor of the day Daniel Dern.] Posted in Pixel Scroll | Tagged Batman, David Gerrold, David Weber, Eric Flint, Louise Hitchcock, Martin Morse Wooster, NYRSF, Ray Bradbury, robots, Sam J. Miller, Sam Weller, Spider-Man, Stephen Donaldson, Superman, The Mandalorian, tribbles, Wilson Tucker, Wonder Woman Batman The Animated Series | The Heart of Batman Documen Batman The Animated Series | The Heart of Batman Documen\u2026 More Bradbury Literary Dividends 2/17/25, 12:08 Sam Weller | File 770 68/91 Posted on June 17, 2020 by Mike Glyer (1 VERITAS. How\u2019s your Finnish? T\u00e4htivaeltajablogi has put up a post about the translation of Bradbury\u2019s Dandleion Wine, \u201cKirjat \u2013 Ray Bradbury: Voikukkaviini\u00e4\u201d. The beautiful cover speaks for itself! (2 DAZE. \u201cRay Bradbury\u2019s Clubhouse\u201d chronicles Ray\u2019s earliest contact with fandom at First Fandom Experience. \u2026In Surround Yourself With Your Loves and Live Forever, edited by John L. Coker III, Bradbury\u2019s friend Ray Harryhausen later recalled: \u201cIn the mid-1930s when was still in high school, Forry told me about the little brown room in Clifton\u2019s Cafeteria, where the Los Angeles chapter of the Science Fiction League would meet every Thursday. Robert Heinlein used to come around, and a guy named Ray Bradbury. We were a group who liked the unusual. 2/17/25, 12:08 Sam Weller | File 770 69/91 \u201cRay would arrive wearing roller skates. After selling newspapers on the street corner he would skate to the meetings because he had no money. He used to go meet the stars at the Hollywood Theater where they did weekly radio broadcasts.\u201d (3 & RAY. Eyes on Cinema presents an undated video of these two friends and creators in dialog: \u201cThe importance of curiosity with Ray Bradbury and Ray Harryhausen.\u201d (4) CALLING. This is from an interview with Tobias S. Buckell in the June Locus. Buckell grew up biracial in the Caribbean Islands. \u201cRay Bradbury has a story in The Martian Chronicles about a couple with a kid that dies. The Martians can adopt whatever form people around them want, so one of them goes to their parents and looks just like the kid. Their son is back from the dead, and they don\u2019t care why\u2013they fold him into their routine. He starts disappearing a lot, so they follow him, and realize he\u2019s also being a lot kid for another family along the way. The two families call him back and forth like a dog until he just rips apart and dies read that in high school in the Virgin Islands and broke into tears. That story literalizes a metaphor about the question you asked earlier, about being pulled to one side or the other. That story is not about being biracial\u2013but for me it was.\u201d (5 LIBROS. Ray Bradbury was interviewed by Cristina Mucci on the Argentine show Los siete locos in 1997. The program is \u201cdedicated to the dissemination of books and culture.\u201d Bradbury\u2019s answers were broadcast with Spanish subtitles. Early on, he was asked about Fahrenheit 451. 2/17/25, 12:08 Sam Weller | File 770 70/91 (6 TV. The Planetary Society has posted this 1982 interview with Bradbury on their YouTube channel. Mat Kaplan crossed paths with author, poet, and visionary Ray Bradbury many times across three decades Planetary Radio fan and Bradbury expert Dr. Philip Nichols recently revealed that he had a copy of Mat\u2019s first interview with Ray, conducted in 1982. The author of The Martian Chronicles was a frequent visitor to Long Beach, California where Mat managed a cable television channel. Here\u2019s that interview. (7 PASS. Christine Novell considers \u201cModern Plagues and the Prescience of Ray Bradbury\u201d at The Imaginative Conservative. Ray Bradbury en Los siete locos (1997) Ray Bradbury en Los siete locos (1997) The Planetary Society's Mat Kaplan interviews Ray Bradbury - The Planetary Society's Mat Kaplan interviews Ray Bradbury - \u2026 2/17/25, 12:08 Sam Weller | File 770 71/91 \u2026In the world of pandemia in 2020, Bradbury\u2019s stories resonate with a different irony. For those who can afford the technology, screen life has become more critical than ever, critical to education, business, government, and ministry. It has become a way of connecting, a method of community. It keeps us close, yet as Bradbury thought, isolated from our neighbors and family. But that\u2019s the nature of the current virus, a destroyer of community. Bradbury did not predict a plague-inspired isolation, at least not this type of plague. Instead think he saw technology as the plague that isolates, a relentless social force. He would ask us, \u201cWhat are we dependent on? What can we not live without?\u201d As if Bradbury was thinking aloud, he offers several \u201csolutions.\u201d We could destroy technology, especially if we realize it controls us too much. In \u201cThe Murderer\u201d (1953) Albert Brock is arrested for shooting a television set, murdering a telephone, a wall radio, a wrist radio, intercom system, and other things. Brock is happily committed to an institution for six months in a quiet cell. This is the stance of a rebel, not a conformist\u2026. (8 TAKEAWAY. Sam Weller, the Bradbury biographer, has assembled an online course for Columbia College Chicago, \u201cCreative Storytelling Featuring Ray Bradbury\u201d. Experience the transformative power of creative writing through the life and works of famed fantasy writer, Ray Bradbury. As the author of Fahrenheit 451, Bradbury remains one of the 20th century\u2019s most visionary and celebrated writers. This course explores practical creative writing strategies through a deep dive into the \u201cdark fantasy\u201d of Ray Bradbury. (9 11 NIGHT. Ray Bradbury is interviewed on the night of the first moon landing by Mike Wallace. From Comic-con 2009, Ray\u2019s own DVD. Part 1 of 2 2/17/25, 12:08 Sam Weller | File 770 72/91 Ray Bradbury Moon Landing Interview part 2 Ray Bradbury Moon Landing interview part 1 Ray Bradbury Moon Landing interview part 1 Ray Bradbury Moon Landing Interview part 2 Ray Bradbury Moon Landing Interview part 2 2/17/25, 12:08 Sam Weller | File 770 73/91 Marc Scott Zicree (\u201cMr. Sci-Fi\u201d) tells where he was when the Moon landing happened. And he also relates Ray Bradbury\u2019s anecdote about why he skipped out on David Frost\u2019s show that night to find someone who would interview him about this great event. (10 GOOD. [Item by Martin Morse Wooster.] In the Washington Post, Angela Haupt asked 13 novelists \u201cwhich books they like best when they need to get away.\u201d Pierce Brown recommended Something Wicked This Way Comes. Diana Gabaldon is the only sf or fantasy novelist whose name recognize don\u2019t know current novelists) and she recommended Shogun. \u201cSalman Rushdie, Diana Gabaldon and other authors reflect on the books they find most transporting\u201d. (11 THANKS. It\u2019s a 1980 rejection letter from Ray Bradbury to Stan Lee. Makes you wonder what Stan submitted to Ray\u2026 Moon Landing - Ray Bradbury, Elon Musk & Me Moon Landing - Ray Bradbury, Elon Musk & Me 2/17/25, 12:08 Sam Weller | File 770 74/91 [Thanks to John King Tarpinian, and Martin Morse Wooster, for these stories.] Posted in Heard Online | Tagged Apollo 13, Marc Scott Zicree, Mat Kaplan, Planetary Society, Ray Bradbury, Ray Harryhausen, Sam Weller, Stan Lee, Tobias Buckell 2/17/25, 12:08 Sam Weller | File 770 75/91 Bradbury Avalanche Posted on May 13, 2020 by Mike Glyer Thanks to bloggers\u2019 outpouring of interest in his work we again can celebrate \u201call Bradbury all the time\u201d here at File 770. (1 TO. First Fandom Experience has announced a remarkable project: \u201cComing Soon: The Earliest Bradbury & More\u201d. This year (2020) marks the centenary of Bradbury\u2019s birth, and we at First Fandom Experience hope to honor him by contributing to the extensive body of literature that surrounds him. Building on our work for The Visual History of Science Fiction Fandom, Volume One: The 1930s, we are on schedule to publish a volume titled The Earliest Bradbury, an exploration and celebration of his earliest writings as a science fiction fan, ahead of his centennial in August. Like The Visual History, The Earliest Bradbury explores history by wrapping an archive in a story. We use original artifacts from the past, such as fanzines, letters, and photographs, to tell the story of Bradbury\u2019s journey as a young fan and author. Although we discuss his more well-known works, such as Futuria Fantasia and Hollerbochen\u2019s Dilemma, we pay special attention to the often overlooked articles, letters, and stories Bradbury published as a teenager and young adult, and tease out the relationships that influenced the young Bradbury and launch his career as a professional author. As with The Visual History, many of the artifacts reproduced in The Earliest Bradbury are rare and difficult to find as originals or reproductions. They\u2019ll publish a deluxe, hard-bound edition of The Earliest Bradbury in July, which will be available through the website. (2 NINETEEN. This month Wil Wheaton released his reading of one of Bradbury\u2019s fanzine stories \u2013 the kind of thing we may expect to see in the collection: \u201cRadio Free Burrito Presents: Luana the Living by Ray Bradbury\u201d. Actor & writer Wil Wheaton (Star Trek, The Big Bang Theory, and Stand by Me) read Bradbury\u2019s \u201cLuana the Living\u201d on an episode of his podcast, Radio Free Burrito. Wheaton describes this story of an explorer\u2019s harrowing experience in the jungles of India as \u201c*exactly* the kind of book would have picked up from the spinning rack of fifty cent paperbacks in the drugstore.\u201d Published in 1940 in the fanzine Polaris when Bradbury was 19 years old, \u201cLuana the Living,\u201d offers a rare glimpse into the writers\u2019 earliest works. 2/17/25, 12:08 Sam Weller | File 770 76/91 (3 PERSON. In the tenth post of a series at BradburyMedia, Phil Nichols reviews the title story in the Bradbury\u2019s Small Assassin collection: \u201cLockdown Choices \u2013 The Small Assassin\u201d. \u2026It\u2019s classic Bradburyan paranoia of the type we have seen in \u201cThe Crowd\u201d, \u201cThe Wind\u201d, \u201cSkeleton\u201d and \u201cThe Fruit at the Bottom of the Bowl\u201d. And as with most of those stories, the paranoid protagonist turns out to be justified in their paranoia. Bradbury, in his classic horror period, was never one to leave the reader to decide; he nearly always set things up to make you think the hero is crazy, then make you empathise with them, and then vindicate them\u2026. See Phil Nichols\u2019 entire slate of Lockdown Choices in \u201cReading at Home\u201d. Phil Nichols, historian, educator, and creator of Bradburymedia, offers his series of suggestions for the best Bradbury stories to enjoy at home while the world is engaged in social distancing. Nichols also recounts Bradbury\u2019s avalanche of productivity in the decade of the Fifties in his post titled \u201cThe Breathless 1950s\u201d. If you\u2019ve been following my posts of late, you will know that have been working through each of Ray Bradbury\u2019s books in order of original publication, explaining a bit about how each book came about, and selecting the best stories and adaptations from each one. So far have covered all the books from the 1940s and 1950s. And what a breathless decade(-and-a-bit) it\u2019s been. By the end of 1959, Bradbury had published nine books: three novels (or packaged to appear like novels), five short story collections, and one children\u2019s book. By the end of 1959, at the age of thirty-nine, he had been publishing short stories for twenty-two years, and had totalled 249 of them. That\u2019s an average of 11.3 per year, but with a peak of 24 stories in 1950\u2026. (4 RACE. Kathryn Ross\u2019 Pasadena Now opinion piece \u201cWhy Race Still Matters in a Post-Race Universe\u201d takes a Bradbury story as a key text to lead up to this conclusion about representation; \u201cWill race still matter then? Will it matter after we\u2019ve discovered extensive space travel and aliens and new worlds and parallel universes? Perhaps not. But does it matter right now for audiences like myself and Andre? and my parents to see black people belonging as integral parts of these fantastical narratives think it does. However far into the future we\u2019re reaching, it matters.\u201d June 2003. The American south is still segregated, blacks are employed by wealthy whites and treated like the lowliest of servants in an effect reminiscent of the 2/17/25, 12:08 Sam Weller | File 770 77/91 Mammys, Bucks, and \u201cboys\u201d of old Hollywood, lynching is an after-dinner pastime, and use of the n-word in casual conversation abounds. Celebrated sci-fi literary giant Ray Bradbury paints this raw and oftentimes hard- to-read picture as the context within his short story, \u201cWay in the Middle of the Air.\u201d Bradbury imagines a mass exodus of all the black people in America \u2014not back to Africa as one white character suggests, but to the planet Mars\u2014 to escape the racial tyranny of Earth. This short appears in Bradbury\u2019s famous first novel, The Martian Chronicles, first published in 1950. From Bradbury\u2019s 1950s viewpoint, June 2003 is the farthest reach of the future, and in this future, racism is still alive and as virulent as ever. To be clear, Bradbury is not writing as pro-racist. Rather, he is musing on what would happen to the racists if their prey could \u2014and did\u2014 just leave, far beyond where they could reach. (5 HELL. Christina Dalcher, in \u201cThe Dystopia At Home\u201d on CrimeReads, looks at five dystopian novels (including Fahrenheit 451) for what they say about families. You work hard all day, setting books on fire, waving your portable blowtorch around at anything that might be read, and when you come home, all you want is a little hug. Forget it, brother. Your wife is permanently glued to the largest boob- tube ever invented: the parlor wall, so stuck on it that she can barely remember your name. You start having second thoughts about your chosen trade, you want someone to talk to, and you turn to that one person who\u2019s supposed to be your life partner, your sounding board in all things intimate. She tunes you out. You try reading a book, just for fun, and end up being locked out of the bathroom while your wife swallows enough pills to bring down a bull elephant. Ah, marriage. (6 BRADBURY. On May 9, as part of the Big Book Weekend programme, award-winning Bradbury biographer and writer Sam Weller joined in a spirited discussion with Neil Gaiman about Ray Bradbury\u2019s inestimable influence and enduring popularity, and how it has inspired their own work. The Big Book Weekend is a 3-day virtual festival, taking place on MyVLF.com (My Virtual Literary Festival), that brings together the best of the British book festivals cancelled due to coronavirus. The festival is sponsored by Arts and The Arts Council, among others. The program can still be viewed, however, free registration is required at Other panels and discussions from various different genres are also available transcript of the Weller/Gaiman discussion is accessible here. The seems to work if I\u2019m not logged in, too, but no guarantees. 2/17/25, 12:08 Sam Weller | File 770 78/91 (7 WEEDING. If Bradbury hadn\u2019t named a book after it might never have heard of dandelion wine \u2013 now even have a recipe for making it. What started as a poor man\u2019s wine in Europe slowly made its way into a tradition on the Great Plains of North America. Settlers found patches of the weed and started fermenting it into a sweet drink to enjoy after working in the fields all day. Along with having a bit of alcohol, dandelion wine is also a medicinal drink. Dandelion flowers are packed with vitamins A, B, C, and and are great for digestive health because they clean the kidneys and liver. Today modern homesteaders make the wine at home and relish in its taste. Ever wanted to give winemaking a try? Now\u2019s your chance to try homebrewing all those dandelion blossoms you have in your yard. \u2026While this dandelion wine recipe does take months to make, you\u2019ll be happy you created it once you take the first sip of your very own homemade dandelion wine. In the meantime, read Ray Bradbury\u2019s novel, Dandelion Wine, a 1957 novel that uses the flower petal wine as a metaphor for packing all of the joys of summer into a single bottle. (8 ART. Anna Felicity Friedman explains how \u201cRay Bradbury Understood the Narrative Power of Tattoos\u201d at LitHub. \u2026Tattoos and perceptions of them have transformed enormously from 1950\u00ad\u201351 when Esquire first published Bradbury\u2019s short story in July of 1950, followed by the author using the character again as a frame device for the prologue and epilogue to The Illustrated Man collection. Tattooing was mired in a dark time in its history then, perhaps at its lowest point of popularity in modern times. The heyday of the circus sideshow had passed, tattooing was mainly relegated to skid-row areas and near military bases, and, aside from macho characters like the soon-to-be-conceived Marlboro Man, tattoos were not for everyday people. By the 1950s, tattooed men held little appeal\u2014especially compared to tattooed ladies\u2014and Bradbury masterfully captured the pathos of being a washed-up tattoo performer, despite still being an extraordinary work of art, in his portrayals of Mr. William Philippus Phelps. 2/17/25, 12:08 Sam Weller | File 770 79/91 [Thanks to John King Tarpinian, Michael O\u2019Donnell, and Martin Morse Wooster for these stories.] Posted in Clipping Service | Tagged Fahrenheit 451, First Fandom Experience, Neil Gaiman, Phil Nichols, Ray Bradbury, Sam Weller, The Illustrated Man, The Martian Chronicles, Wil Wheaton Pixel Scoll 10/17/18 They Scrolled Paradise And Pixeled Parking Lot Posted on October 17, 2018 by Mike Glyer (1 TED. Ideas.Ted.com. features Nnedi Okorafor: \u201c\u2019Write your story, and don\u2019t be afraid to write it\u2019 \u2014 a sci-fi writer talks about finding her voice and being a superhero\u201d. During family visits to Nigeria in the 1990s and 2000s, Okorafor was fascinated by the harmony between traditional belief systems and brand-new electronic devices started noticing the use and the interplay of technology in Nigerian communities, especially when cell phones came around,\u201d she says saw phones popping up in the most remote places, and they were normalized in really cool ways.\u201d She wondered why stories didn\u2019t depict technology in African nations. In fact, she began to wonder why she wasn\u2019t writing such stories herself. In college, however, Okorafor found herself discouraged from writing science fiction had professors who were constantly telling me, \u2018You\u2019re such a 2/17/25, 12:08 Sam Weller | File 770 80/91 good writer; you want to stay away from all of that weird stuff,\u2019\u201d she remembers. \u201cEventually just kind of jumped the rails, because couldn\u2019t help it.\u201d Okorafor dove headfirst into creating the stories she never found on library shelves growing up \u2014 ones with strong female protagonists of color, African locations, speculative technology, aliens and magic, as well as complex and relevant social themes like racial identity and gender violence. (2 FUTURE. Ray Bradbury biographer Sam Weller blasts a proposal to raze Waukegan\u2019s old Carnegie Library building: And this is why Charles Selle\u2019s ridiculous call to \u201craze the edifice\u201d of Waukegan, Illinois\u2019 historic 1903 Carnegie Library building is short-sighted and, frankly, emblematic of Waukegan\u2019s frustrating inability to capitalize on its own crown jewel lakefront location and its remarkable history. Cities large and small across the nation are embracing historic revitalization and renovation, attracting artists and entrepreneurs, restaurateurs and urban visionaries who see the connection to the past and the future. Selle\u2019s assertion that the city is \u201changing on to the past\u201d with the long-abandoned Carnegie building is correct. Yet he misses the point entirely. Waukegan should hang on to its past. Selle doesn\u2019t even propose a replacement suggestion for the location, instead only calling for the complete demolition of a building with landmark status. The fact of the matter is that the current plans to house the Ray Bradbury Experience Museum in the Carnegie is the best chance to renovate the old biblio-gem, to raise the needed funding, and to properly honor one of the world\u2019s great, inspiring imaginations\u2026. (3 LINEUP. With Wendig gone, the Shadow of Vader comic has been sidelined, says The Hollywood Reporter \u2014 \u201cMarvel Pulls Fired Writer Chuck Wendig\u2019s \u2018Shadow of Vader\u2019 Series From Schedule\u201d. Marvel Entertainment released the official list of January 2019 comic book product this week, and one title was notable by its absence: Shadow of Vader, the five-issue comic book series written by Chuck Wendig, the writer Marvel fired last week because of his social media use. (4 BEGINS. Tor.com boosted one of its editors\u2019 new company: \u201cHugo Award- Winning Editor Liz Gorinsky Launches New Publishing Company Erewhon Books\u201d. (5 SPOT. Ed Green worked as a background actor on the Bruno Mars \u201cUptown Funk\u201d music video \u2013 it\u2019s good thing he got the gig before this new generation of robots came along! 2/17/25, 12:08 Sam Weller | File 770 81/91 UpTown Spot UpTown Spot (6 MEN. Except in Slate, this praise is intended satirically \u2014 \u201cIn Defense of Soylent Green Inventor Henry C. Santini\u201d. On October 16, 2018, Popular Mechanics published a deeply weird tribute to mercurial industrialist Elon Musk, in which a carefully-curated group of technology journalists and Musk\u2019s fellow rich people praised him for trying, regardless of what he was trying to do, whether or not he succeeded, or the methods he used to pursue his goals. One writer compared him at length to Mark Twain! On October 16, 2022 detective Frank Thorn discovered that Soylent Green was made of people. The ensuing public scandal threatened the reputation of Henry C. Santini, the Governor of New York and a board member of both Holcox Manufacturing of Norfolk, Virginia and its parent company, the New-York-based Soylent Corporation. On October 17, 2022, Slate sprang into action. He is under attack. For saying the wrong thing, for not making enough Soylent Green, for creating a global manufacturing pipeline based on baking human corpses into little green crackers and telling people they\u2019re made out of plankton. Some of the criticisms have merit. Much of it is myopic and small-brained, from sideline observers gleefully salivating at the opportunity to take him down a peg and maybe score a few extra rations in the process. But what have these anti- cannibalism activists and pontificators done for humanity? Henry Santini is an engineer at heart, a tinkerer, a problem-solver, a genius at disguising the taste of human flesh\u2014the kind of person Slate has always 2/17/25, 12:08 Sam Weller | File 770 82/91 championed\u2014and the problems he\u2019s trying to solve are hard. Really hard. He could find better ways to spend his money, that\u2019s for sure\u2026. (7 TRAILERS. These YouTubers bid you \u201cReturn to the franchise that makes you say \u2018sure\u2019 \u2013 It\u2019s Ant-Man and The Wasp.\u201d Honest Trailers - Ant-Man and The Wasp Honest Trailers - Ant-Man and The Wasp (8 FEATHERS. Variety has the story \u2014 \u201c\u2018Sesame Street\u2019 Puppeteer Caroll Spinney Retires From Big Bird, Oscar the Grouch Roles\u201d. Caroll Spinney has been a television mainstay since 1969, but his face has rarely made an appearance. Disguised beneath a frock of bright yellow feathers and an orange bill, the \u201cSesame Street\u201d puppeteer was the heart and soul behind Big Bird and Oscar the Grouch since the show\u2019s premiere almost 50 years ago. Now, at the age of 84, Spinney told the New York Times that he is retiring from \u201cSesame Street\u201d after nearly half a century playing some of the show\u2019s most iconic characters. Come Thursday, Spinney will enter the \u201cSesame Street\u201d studios in Astoria, Queens for the last time before leaving the roles behind forever. (9 October 17, 1937 \u2014 Huey, Dewey, and Louie first appeared in a comic strip. (10 BIRTHDAYS. [Compiled by Cat Eldridge and JJ.] 2/17/25, 12:08 Sam Weller | File 770 83/91 Born October 17, 1914 \u2013 Jerry Siegel, Comic Book Writer who also used pseudonyms including Joe Carter and Jerry Ess. His first foray into genre was as editor of a 5-issue fanzine called Science Fiction. He was co-creator of the Superman character, along with Joe Shuster. They started off selling stories to National Allied Publications, the original precursor of Comics, and sold the Superman character to Detective Comics, Inc., yet another forerunner of DC. His contentious career with and elsewhere is far too long to detail here; suffice it to say that if you\u2019ve read comics, you\u2019ve likely encountered some of his characters. He was inducted posthumously, with Shuster, into the Will Eisner Comic Book Hall of Fame and the Jack Kirby Hall of Fame. Born October 17, 1917 \u2013 Marsha Hunt, 101, Actor and Singer whose career was hampered by blacklisting during the McCarthy era. She had guest roles on the original versions of Alfred Hitchcock Presents, The Twilight Zone, and The Outer Limits, as well as on Star Trek: The Next Generation, Shadow Chasers, and the movie Fear No Evil. She has spent decades doing humanitarian work to fight poverty, starvation, homelessness, and mental illness. Born October 17, 1922 \u2013 George Hay (Oswyn Robert Tregonwell), Writer, Editor, Conrunner, and Fan from the who served on convention committees and helped establish the Science Fiction Foundation in 1972. In addition to writing his own four novels, he co- edited the first 6 issues of the long-running Foundation: The Review of Science Fiction, edited several anthologies, and his fanzines included Realtime and Door Into George. He co- edited two volumes of The John W. Campbell Letters, the first of which was a finalist for a Hugo for Best Nonfiction Work. Named after him is the George Hay Memorial Lecture, an annual program item at Eastercon (the Natcon) in which an invited speaker, often a prominent British scientist, gives a talk on a scientific topic. Born October 17, 1933 \u2013 William Anders, 85, Engineer and Astronaut, who was one of the first three persons to leave low Earth orbit and travel to the Moon in Apollo 8 along with fellow astronauts Frank Borman and Jim Lovell. The famous photograph Earthrise was taken by him. His foundation created the Heritage Flight Museum in Washington state; he serves as its President and until 2008 was an active participant in its air shows (his career includes more than 8,000 hours of flight time). The Anders crater on the Moon is named in his honor. Born October 17, 1934 \u2013 Alan Garner, 84, Writer from England who is best known for his children\u2019s fantasy novels and his retellings of traditional British folk tales. However, at least two of his novels, Boneland and Thursbitch, are decidedly adult in language and complexity in their storytelling strongly recommend both of them for Autumnal reading. His novel The Owl Service received the Carnegie Medal, and he has been recognized with British Fantasy Awards\u2019 Karl Edward Wagner Award for contributions to genre, and with the World Fantasy Award for Life Achievement, as well as Guest of Honor at World Fantasy Convention. Born October 17, 1946 \u2013 Bruce McAllister, 72, Writer, Editor, Teacher, and Poet of mainly short fiction whose novelette \u201cDream Baby\u201d, about a Vietnam War nurse who can foresee which soldiers will die in battle, was nominated for Hugo and Nebula Awards, and was later expanded into a novel which was a Locus Award finalist. Other stories have garnered another Hugo nomination and a Shirley Jackson nomination. As a 16-year-old, he sent a survey to 150 well-known science fiction authors, asking them about symbolism in their work, and whether it was conscious or unconscious, intentional or the invention of readers \u2013 and received responses from half of them, ranging from an admin assistant\u2019s blow-off to a thick packet of single-spaced typescript. 2/17/25, 12:08 Sam Weller | File 770 84/91 Born October 17, 1948 \u2013 Margot Kidder, Actor and Producer who is best known to genre fans as Lois Lane from Christopher Reeve\u2019s Superman films. Other movie roles included The Reincarnation of Peter Proud, The Amityville Horror, and Halloween II, and guest parts in episodes of The (new) Outer Limits, Tales from the Crypt, Earth: Final Conflict, The Hitchhiker, and \u2013 most appropriately \u2013 Smallville. She struggled with health issues and bipolar disorder for decades, but in recent years had maintained steady work in numerous independent films and roles; sadly, she succumbed to an overdose of alcohol and painkillers in May of this year. Born October 17, 1948 \u2013 Robert Jordan (James Oliver Rigney, Jr.), Writer who started out in the 80s writing Conan pastiche novels as well as westerns and historical novels, but who struck gold in the 90s with his Wheel of Time series. The novels were massively popular with fans; his series spawned an ardent Usenet forum community who called themselves Darkfriends and who later built an extensive internet resource at Dragonmount.com (what would now be considered a fandom wiki), inspired the Jordancon annual convention of devotees, and sold millions of copies. In the mid-2000s, he revealed that he had been diagnosed with a terminal illness, but continued to work on plot notes for the completion of the WoT series until his death. His widow, Tor editor Harriet McDougal, personally chose author Brandon Sanderson to complete the series using Jordan\u2019s notes, and after the final three volumes were published, the entire series was nominated by Hugo voters for Best Novel. He was Guest of Honor at numerous conventions, and was posthumously given the Phoenix Award for Lifetime Achievement by Southern Fandom. Born October 17, 1950 \u2013 Michael J. Walsh, 68, Publisher, Conrunner, and Fan who found fandom at the age of 17 and became involved in running conventions; he chaired numerous Disclave, Capclave, Balticon, and World Fantasy Conventions, as well as the notoriously- insolvent 1983 Worldcon. He is a member of the Washington Science Fiction Association, and has held a number of offices in that organization in addition to starting Press, which publishes special editions of works by Disclave and Capclave Guests of Honor. In 1993, he founded Old Earth Books, which publishes niche editions and reprints of out-of-print works, and which received a Special World Fantasy Award for its collections of Howard Waldrop\u2019s short fiction; and he has been Guest of Honor at several conventions. Born October 17, 1956 \u2013 Dr. Mae C. Jemison, 62, Physician, Engineer, and Astronaut who was a member of NASA\u2019s eight-day 50th Space Shuttle mission in 1992, beginning each shift with the words \u201cHailing frequencies open\u201d in honor of Nichelle Nichols, the Star Trek actor who inspired her to become an astronaut. The following year she left to found her own company to promote education to young people; her company won the bid for the joint and 100 Year Starship Project to create a business plan that can last 100 years in order to help foster the research needed for interstellar travel. Jemison had a cameo on an episode of Star Trek: The Next Generation, and served as technical consultant for the current season of National Geographic\u2019s drama series Mars (which \u2013 hey! is available in the U.S. via online streaming in about 6 hours). She was immortalized last year in LEGO\u2019s Women of minifigure set. Born October 17, 1958 \u2013 Jo Fletcher, 60, Journalist, Writer, Editor, Critic, Poet, and Publisher from the who became involved in fandom at the age of 20, contributing to, and later editing, the British Fantasy Society\u2019s Bulletin and attending conventions. Eventually she wound up running the British Fantasy Society with editor Stephen Jones, chairing 2/17/25, 12:08 Sam Weller | File 770 85/91 Fantasycon (the British Fantasy Convention) and the first World Fantasy Convention held outside of North America, and serving on the boards of the and WHA. After 16 years of running Orion\u2019s Gollancz imprint, including its Masterworks and Fantasy Masterworks lines, in 2011 she started her own imprint under Quercus; as ample demonstration of her acumen, Jo Fletcher Books published Robert Jackson Bennett\u2019s Hugo- nominated Divine Cities trilogy. She\u2019s been Guest of Honor at FantasyCon and WFC, has been recognized with the BFA\u2019s Karl Edward Wagner Award for her contributions to genre and the BFS, and was given a special World Fantasy Award for Gollancz\u2019 Fantasy Masterworks series. Born October 17, 1971 \u2013 Patrick Ness, 47, Writer, Journalist, and Producer who emigrated from the U.S. to England. He is best known for his books for young adults, including the Chaos Walking trilogy, the novels of which received a Tiptree Award, a Carnegie Medal, and a Clarke Award nomination, and were adapted into a movie which will be out next March. His novel Monster Calls won a Carnegie Medal and was nominated for a Stoker Award and the Prix Imaginaire; he adapted it into a movie which was nominated for a Saturn Award. He also wrote and produced the Doctor Who spinoff series Class, about a group of teenagers dealing with time travel and aliens. Born October 17, 1983 \u2013 Felicity Jones, 35, Actor from England who gained genre fame, and a Saturn nomination, starring in the Star Wars film Rogue One, which won a Saturn Award and was a Hugo finalist for Best Dramatic Presentation; she reprised that role in the animated Star Wars: Forces of Destiny series. Other genre appearances include an Oscar- nominated lead role in the Stephen Hawking docudrama The Theory of Everything, the Saturn-nominated film adaptation of Ness Monster Calls, The Amazing Spider-Man 2, and Inferno, a main role in the series The Worst Witch and its sequel series Weirdsister College, and an episode of Doctor Who. She has a lead role in next year\u2019s The Aeronauts, a fictionalized version of the story of the hot air balloon pilot and the scientist who, in 1862, set a still-standing record for ascending 7 miles up in the atmosphere. Born October 17, 1984 \u2013 Randall Munroe, 34, Engineer, Writer, and Cartoonist who has become famous for his webcomic xkcd, which frequently has panels relating to science, genre fiction, and other items of genre interest \u2013 including the Filer favorite Today\u2019s Lucky 10,000. His 2015 book Thing Explainer explains concepts using only the 1,000 most common English words. He was twice a finalist for the Best Fan Artist Hugo, and his animated graphic sequence Time won a Hugo for Best Graphic Novel. (11 SECTION. FoxTrot TIEs one on. (12 BOX. Jason Sanford shares a free report from his Patreon: \u201cPublisher files suit against Nocturnal Reader\u2019s Box, alleges $100,000 in books from multiple genre presses are missing\u201d. Nocturnal Reader\u2019s Box (NRB), a \u201csubscription box service shipping horror-themed books and merchandise for the price of $35 per month,\u201d shut down in September. According to Bleeding Cool, the service run by the husband and wife team of 2/17/25, 12:08 Sam Weller | File 770 86/91 Jessica and Vincent Guerrero was the \u201csubject of numerous complaints about late or nonexistent shipping, changes to the company\u2019s terms of service, missing or different-than-advertised items, and purportedly non-existent tracking numbers.\u201d The website for currently states that \u201cWe\u2019re temporarily closed!\u201d Despite this, people online are alleging that is still charging credit cards and that automatic renewal charges are still going through\u2026. (13 INSIDE. Joseph Bentz answers the question \u201cWhy Is Writing So Hard?\u201d \u2014 but as many books as he has out, you\u2019d never suspect he had reason to ask! Why do you need all those writers conferences to commiserate and moan about an activity\u2014writing\u2014that you supposedly love? It\u2019s a fair point, and yet, writers are very familiar with all those agonizing hours we spend squirming, staring at walls, searching for words, deleting words, and writing through drafts that won\u2019t quite come together. Why such struggle finally figured out why writing is so hard\u2026. (14) FRANCOFILE. Adweek devotes an article to French company Cdiscount\u2019s ad campaign \u2014 \u201cThese Outlandish Aliens Getting Ecommerce Deals Is the Spaciest of Oddities\u201d \u2013 unfortunately, registration is required to read it. The animated space creatures featured in Cdiscount\u2019s latest campaign are absolutely over the moon about the French ecommerce site. Thanks to YouTube you can see the ad \u2013 and if you speak French, even understand it! Pub Cdiscount : \"Rap freestyle - Alien en direct de Xylodon 22 Pub Cdiscount : \"Rap freestyle - Alien en direct de Xylodon 22\u2026 2/17/25, 12:08 Sam Weller | File 770 87/91 (15) LEGACY. Vice\u2019s Motherboard website explains how \u201cHow Paul Allen Saved the American Search for Extraterrestrial Intelligence\u201d by donating money to the effort. On Monday evening, Microsoft co-founder Paul Allen died of non-Hodgkin\u2019s lymphoma at the age of 65. At the time of his death, Allen was the 47th richest person in the world, with a net worth of $26 billion. For the last few decades of his life, Allen used his wealth for a staggering variety of business and philanthropic interests. In addition to owning the Seattle Seahawks and the Portland Trail Blazers, Allen founded a brain science institute, an institute, and Stratolaunch Systems, which was exploring private spaceflight. Yet one of the research areas where Allen made the biggest impact was also the one he spoke about the least: the Search for Extraterrestrial Intelligence (SETI). Indeed, Allen almost single-handedly rescued American by donating over $30 million to scientists scanning the cosmos for intelligent radio signals. (16 IDEA? According to the People\u2019s Daily Online, China plans to use a mirror satellite to provide outdoors nighttime illumination for the city of Chengdu\u2014and real soon now (\u201cChengdu to launch \u2018artificial moon\u2019 in 2020\u201d). The claim is that it will be several times brighter than a full moon over the city. Southwestern China\u2019s city of Chengdu plans to launch its illumination satellite, also known as the \u201cartificial moon\u201d, in 2020, according to Wu Chunfeng, chairman of Chengdu Aerospace Science and Technology Microelectronics System Research Institute Co., Ltd. Wu made the remarks at a national mass innovation and entrepreneurship activity held in Chengdu on Oct. 10. The illumination satellite is designed to complement the moon at night. Wu introduced that the brightness of the \u201cartificial moon\u201d is eight times that of the real moon, and will be bright enough to replace street lights. \u2026Some people expressed concern that the lights reflected from space could have adverse effects on the daily routine of certain animals and astronomical observation. Kang Weimin, director of the Institute of Optics, School of Aerospace, Harbin Institute of Technology, explained that the light of the satellite is similar to a dusk- like glow, so it should not affect animals\u2019 routines (17 OFF. Gizmodo\u2019s io9 warns you, \u201cDon\u2019t Blink: Jodie Whittaker\u2019s Doctor Who Wax Figure Is Watching You.\u201d 2/17/25, 12:08 Sam Weller | File 770 88/91 That\u2019s not a picture of Jodie Whittaker, Doctor Who\u2019s new star, up there. Seriously. It\u2019s a wax recreation so good that even the Nestene Consciousness itself would be a bit jealous of the handiwork behind it. This frankly absurdly lifelike replica of Whittaker in her full 13th Doctor regalia is the work of a new Doctor Who experience at Madame Tussauds in Blackpool. Alongside the uncanny recreation of the actress, the experience includes one of the actual props used during the filming of the 11th season of the show, as visitors are tasked with trawling a forest to hunt down the Doctor\u2019s sonic screwdriver\u2014retrieving it and bringing it back to its rightful, albeit waxy, owner. (18 THEORY. The Fifth Element, Enchanted, Tron Legacy, My Stepmother Is an Alien, Sheena, Planet of the Apes, Stargate, Star Trek, Splash and other mermaid tales, even Forbidden Planet. The female characters in the movies and shows are what Pop Culture Detective labels \u201cborn sexy yesterday\u201d and describes as a male fantasy trope. Occasionally, as in Star Man, the trope is in reverse. 2/17/25, 12:08 Sam Weller | File 770 89/91 Born Sexy Yesterday Born Sexy Yesterday (19 2007. For reasons that would take too long to explain watched a lot of Commando Cody episodes before the start of meetings, so especially enjoyed this parody of the classic serial \u2013 Commando Cody and the Hatless Planet Commando Cody and the Hatless Planet [Thanks to JJ, John Arkansawyer, Jason Sanford, Mike Kennedy, Chip Hitchcock, Martin Morse Wooster, John King Tarpinian, Cat Eldridge, Carl Slaughter, and Andrew Porter, for some of these stories, Title credit goes to File 770 contributing editor and earworm creator of the day bill.] 2/17/25, 12:08 Sam Weller | File 770 90/91 Posted in Pixel Scroll | Tagged Chuck Wendig, Doctor Who, Ed Green, Erewhon Books, Jason Sanford, Jodie Whittaker, Joseph Bentz, Liz Gorinsky, Nnedi Okorafor, Paul Allen, Ray Bradbury, robots, Sam Weller, Soylent Green 2/17/25, 12:08 Sam Weller | File 770 91/91", "8834_104.pdf": "Holding Institutions Accountable, re: Sam Weller; Columbia College Chicago Started 19 February 2022 281 500 Signatures Next Goal Support now Sign this petition Why this petition matters Started by Dirk Marple Petition details Comments 2/17/25, 12:09 Petition \u00b7 Holding Institutions Accountable, re: Sam Weller; Columbia College Chicago - United States \u00b7 Change.org 1/3 We, hereby undersigned, regard Professor Sam Weller of Columbia College Chicago unfit for teaching or advising duties. In light of Cara Dehnert's self-published essay, What Happened to Me, on 12th Feb 2022 pertaining to sexual assault of a colleague and Columbia College community member, we request the following actions be taken for the safety and well-being of current, former and future students, colleagues and visitors of Columbia College Chicago: 1. Columbia College Chicago conduct a 3rd party investigation into the claims of Cara Dehnert and others who have come forward with similar accounts of sexual assault and misconduct by Sam Weller, including a good-faith effort to collect written statements from all past and present students and colleagues, departmental or otherwise, of Sam Weller. 2 disciplinary review committee comprised of faculty, staff and students of varying gender, age, ethnicity and race be formed to review said findings and make recommendations for disciplinary action, as needed. 3. Until the time of recommendations, Sam Weller be placed on academic probation and temporarily removed from teaching and advisory duties, including access to campus. 4. Columbia College Chicago improve the process for students, faculty and staff to report acts of violence including, but not restricting to forming a permanent disciplinary review committee for alleged acts of sexual assault as described in 3., above. Said committee should produce a yearly report outlying the number of reviews and general findings to be made public and accessible online along with recommendations for any institution-wide changes. Also see, Hold Sam Weller Accountable. (Please do not donate to this petition, but use willing funds elsewhere -- DM) (Photo shows Columbia College Chicago student art, \"Livonian Wolves at the Leaping Wall,\" since torn down by current administration under the direction of President Kim, more here, here and here.) Share this petition in person or use the code for your own material. Download Code Support now Sign this petition 2/17/25, 12:09 Petition \u00b7 Holding Institutions Accountable, re: Sam Weller; Columbia College Chicago - United States \u00b7 Change.org 2/3 Report a policy violation Change.org Education Holding Institutions Accountable, re: Sam Weller; Columbia College Chicago Company About Impact Careers Team Community Blog Community Guidelines Support Help Guides Privacy Terms Cookie Policy Manage Cookies Connect Twitter Facebook English (United Kingdom) \u00a9 2025, Change.org This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Support now 2/17/25, 12:09 Petition \u00b7 Holding Institutions Accountable, re: Sam Weller; Columbia College Chicago - United States \u00b7 Change.org 3/3", "8834_105.pdf": "Sam Weller Born Lake Forest, Illinois Occupation Author, journalist, lecturer Nationality American Genre Biography, journalism, essays, fiction, arts criticism Website ( Sam Weller (journalist) Sam Weller is an American journalist and author, best known as writer Ray Bradbury's authorized biographer. Weller was born in Lake Forest, Illinois. He was raised in Malibu, California and in Long Lake Minnesota.[1] Weller's 2005 book, The Bradbury Chronicles: The Life of Ray Bradbury was a Los Angeles Times best-seller, winner of the 2005 Society of Midland Authors Award for Best Biography,[2] and a Bram Stoker Award nominee.[3] Weller\u2019s 2010 book, Listen to the Echoes, The Ray Bradbury Interviews is a collection of interviews, photos, mementos, and artifacts and a companion book to The Bradbury Chronicles. It was also a Bram Stoker Award nominee.[4] With Mort Castle, Weller co-edited the anthology Shadow Show: All-New Stories in Celebration of Ray Bradbury. The anthology was a Shirley Jackson Award nominee.[5] In 2014, Weller edited Ray Bradbury: The Last Interview (Melville House), which features Weller's last interview with Bradbury, and recounts Bradbury's influences, creative processes, and love for writing and reading. The book also included several previously unpublished rough draft essays by Bradbury, dictated to Weller. Also in 2014 Comics released a five-issue Shadow Show comic book series curated and largely scripted by Weller and Mort Castle.[6][7] The graphic novel compendium of this series was the recipient of the Bram Stoker Award for Best Graphic Novel in 2015.[8] In September 2020, Weller's collection of short stories, Dark Black, was published by Hat & Beard Press.[9] Newcity said: \"With this collection, Weller is making an argument that he\u2019s more than Bradbury\u2019s chronicler. Weller is arguing he\u2019s Bradbury\u2019s literary heir. By sheer story quality alone, Weller makes a good damn argument.\"[10] Weller is the former Midwest correspondent for Publishers Weekly magazine. He has written for The Paris Review, Playboy, All Things Considered, Slate Magazine, The Huffington Post, National Public Radio and The Los Angeles Review of Books.[11] Early life and education Career 2/17/25, 12:09 Sam Weller (journalist) - Wikipedia 1/3 Weller was a professor at Columbia College Chicago in its English and Creative Writing Department from 2005 to 2022.[12][13] On July 8, 2022, the college terminated Weller for violating its sexual harassment policies after investigating allegations of sexual assault and sexual harassment by a faculty colleague who recounted Weller's alleged abuse of her in a Medium post.[12][14] Weller's short fiction has appeared in books, literary journals and magazines, including the Chicago Reader, Printers Row Journal, and Rosebud. His pop-cultural essays have appeared in publications including Post Road, Huffington Post Annalemma, and PopMatters.[15] Former Paramount Studios producer and Development Chief for the Robert Evans film company said in an interview on the \"Too Opinionated\" podcast in 2022 that he was developing a few projects with Weller, one in the \"horror space.\"[16] Secret Chicago: The Unique Guidebook to Chicago's Hidden Sites, Sounds & Tastes (2000) The Bradbury Chronicles: The Life of Ray Bradbury (2005) Listen to the Echoes: The Ray Bradbury Interviews (2010) Shadow Show: All New Stories in Celebration of Ray Bradbury (2012, editor with Mort Castle) \"Roadside Cross\" (Short Story, 2014) Ray Bradbury: The Last Interview: And Other Conversations (2014) \"Shadow Show Comic #3\" (2015) \"Shadow Show Comic #4\" (2015) \"Shadow Show Comic #5\" (2015) \"Shadow Show: Stories in Celebration of Ray Bradbury\" Graphic Novel (2015) Dark Black (2020) 1. \"#Uninspired: The Story of My Mediocre Grade School Education\" ( y/unispired-the-story-of-my_b_9661476). HuffPost. April 11, 2016. Retrieved May 22, 2023. 2. \"Past Winners | The Society of Midland Authors\" ( Retrieved February 21, 2023. 3. \"2005 Bram Stoker Award Winners & Nominees \u2013 The Bram Stoker Awards\" ( stokerawards.com/uncategorized/2005-bram-stoker-award-winners-nominees/). Retrieved May 16, 2023. 4. \"2010 Bram Stoker Award Winners & Nominees \u2013 The Bram Stoker Awards\" ( stokerawards.com/uncategorized/2010-bram-stoker-award-winners-nominees/). Retrieved May 16, 2023. 5. Tor.com (May 3, 2013). \"Nominees for the 2012 Shirley Jackson Awards Announced!\" ( w.tor.com/2013/05/03/nominees-for-the-2012-shirley-jackson-awards-announced/). Tor.com. Retrieved February 21, 2023. 6. \"IDW\" ( Retrieved February 22, 2023. 7. \"Review \u2013 Shadow Show #3 (of 5 Publishing)\" ( w-shadow-show-3-of-5-idw-publishing PAGE. January 7, 2015. Retrieved May 24, 2023. Bibliography References 2/17/25, 12:09 Sam Weller (journalist) - Wikipedia 2/3 8. \"2015 Bram Stoker Award Nominees & Winners \u2013 The Bram Stoker Awards\" ( stokerawards.com/uncategorized/2015-bram-stoker-award-nominees-winners/). Retrieved May 16, 2023. 9. \"Dark Black\" ( Publishers Weekly. April 10, 2020. Retrieved March 21, 2023. 10. Buck, Brendan (May 28, 2020). \"Review: Dark Black\" ( debut-a-review-of-sam-wellers-dark-black/). Newcity Lit. Retrieved March 21, 2023. 11. \"Los Angeles Review of Books\" ( al-pandemic/). Los Angeles Review of Books. April 18, 2021. Retrieved December 26, 2022. 12. Jennings, Noah (July 9, 2022). \"BREAKING: College terminates tenured professor accused of sexual assault\" ( used-of-sexual-assault). The Columbia Chronicle. Retrieved July 13, 2022. 13. Weller, Sam (June 15, 2021). \"Journalist Danny Fenster's detainment shows we are living Fahrenheit 451\" ( ows-we-are-living-fahrenheit-451/). Chicago Reader. Retrieved March 21, 2023. 14. Magazine, Smithsonian; Ofgang, Erik. \"The Sideshow Magician Who Inspired Ray Bradbury\u2014 Then Vanished\" ( y-bradburythen-vanished-180981764/). Smithsonian Magazine. Retrieved March 21, 2023. 15. \"How Should End It All\" ( PopMatters. June 22, 2021. Retrieved December 26, 2022. 16. Too Opinionated Interview: James Sikura ( retrieved May 22, 2023 2005 Interview with Bookslut ( 2010 Interview with The Paris Review ( ion-no-203-ray-bradbury) 2014 Interview with Carl Alves ( Archived ( estions-with-sam-weller/) April 13, 2015, at the Wayback Machine Retrieved from \" External links 2/17/25, 12:09 Sam Weller (journalist) - Wikipedia 3/3"} |
7,875 | Luis Salas | Valencia College | [
"7875_101.pdf",
"7875_102.pdf",
"7875_103.pdf"
] | {"7875_101.pdf": "By By UPDATED: UPDATED: April 6, 2019 at 4:53 April 6, 2019 at 4:53 Valencia College graphic design professor was placed on unpaid leave this Valencia College graphic design professor was placed on unpaid leave this month after facing sexual harassment allegations from month after facing sexual harassment allegations from three women, school three women, school documents show. documents show. The college is trying to fire Luis Salas, who has been banned from the Osceola The college is trying to fire Luis Salas, who has been banned from the Osceola County campus since May when he was put on paid leave. The school County campus since May when he was put on paid leave. The school stopped paying him Feb. 6. stopped paying him Feb. 6. The tenured professor who has taught at Valencia since 2011 is fighting to The tenured professor who has taught at Valencia since 2011 is fighting to keep his nearly $55,000-a year job by seeking an administrative hearing to keep his nearly $55,000-a year job by seeking an administrative hearing to appeal the school\u2019s decision. No hearing date has been scheduled. appeal the school\u2019s decision. No hearing date has been scheduled. Salas, 40, declined to comment when contacted at home. Salas, 40, declined to comment when contacted at home. One student said he promised her a passing grade in exchange for a hug in One student said he promised her a passing grade in exchange for a hug in spring 2016, according to a school investigative report released spring 2016, according to a school investigative report released this month to this month to the Orlando Sentinel. Salas disputed the allegations, saying it was the student the Orlando Sentinel. Salas disputed the allegations, saying it was the student who initiated the swap. who initiated the swap Valencia professor fighting for Valencia professor fighting for job after sexual harassment job after sexual harassment allegations allegations 2/17/25, 12:09 Valencia professor fighting for job after sexual harassment allegations \u2013 Orlando Sentinel 1/3 Originally Published: Originally Published: February 23, 2017 at 2:20 February 23, 2017 at 2:20 Another student accused Salas of trying to kiss her when they were in his car Another student accused Salas of trying to kiss her when they were in his car as they got lunch together off-campus in November 2015. Salas asked if she as they got lunch together off-campus in November 2015. Salas asked if she had ever fallen in love with any of her professors, the student said told had ever fallen in love with any of her professors, the student said told investigators. investigators. \u201cNo,\u201d she said, and then the \u201ccar ride back to campus was very quiet,\u201d the \u201cNo,\u201d she said, and then the \u201ccar ride back to campus was very quiet,\u201d the report said. report said. Salas denied the incident to school investigators. Salas denied the incident to school investigators. Both students, who became friends through class, \u201cdescribed Mr. Salas as Both students, who became friends through class, \u201cdescribed Mr. Salas as helpful and friendly but after their experiences with him, neither feels helpful and friendly but after their experiences with him, neither feels comfortable meeting with him alone in his office,\u201d the report said. comfortable meeting with him alone in his office,\u201d the report said. They described his office as secluded and they were concerned about being in They described his office as secluded and they were concerned about being in his office and something happening because no one would be able to see his office and something happening because no one would be able to see him.\u201d him.\u201d One felt so uncomfortable, she dropped his class in the summer 2016 and One felt so uncomfortable, she dropped his class in the summer 2016 and considered switching campuses, the report said. considered switching campuses, the report said. Salas also faced sexual harassment allegations from a colleague, the report Salas also faced sexual harassment allegations from a colleague, the report said. said. About a year ago, he complimented an adjunct professor\u2019s lips and placed About a year ago, he complimented an adjunct professor\u2019s lips and placed her hand on his to guide a computer mouse, the woman told investigators. her hand on his to guide a computer mouse, the woman told investigators. After that, she \u201cmade it a point to never be alone with Mr. Salas,\u201d the report After that, she \u201cmade it a point to never be alone with Mr. Salas,\u201d the report said. said. School investigators decided Salas\u2019 accusers had more credibility than him. School investigators decided Salas\u2019 accusers had more credibility than him. They said he contacted one of the victims during the investigation after they They said he contacted one of the victims during the investigation after they specifically told him not to do so. specifically told him not to do so. \u201cHis response to questions about these allegations are comprised largely of \u201cHis response to questions about these allegations are comprised largely of speculation and contradiction,\u201d the report said. \u201cMr. Salas denied any speculation and contradiction,\u201d the report said. \u201cMr. Salas denied any wrongdoing and accused the reporting parties of stalking, conspiring against wrongdoing and accused the reporting parties of stalking, conspiring against him and colluding with faculty at other Valencia campuses in a plot to have him and colluding with faculty at other Valencia campuses in a plot to have him fired.\u201d him fired.\u201d grusson@orlandosentinel.com grusson@orlandosentinel.com, , @gabriellerusson @gabriellerusson, or 407-420-5470 , or 407-420-5470 2/17/25, 12:09 Valencia professor fighting for job after sexual harassment allegations \u2013 Orlando Sentinel 2/3 2017 2017 \ue907 \ue907February February \ue907 \ue90723 23 2/17/25, 12:09 Valencia professor fighting for job after sexual harassment allegations \u2013 Orlando Sentinel 3/3", "7875_102.pdf": "By By UPDATED: UPDATED: April 6, 2019 at 4:53 April 6, 2019 at 4:53 Valencia College graphic design professor was placed on unpaid leave this Valencia College graphic design professor was placed on unpaid leave this month after facing sexual harassment allegations from month after facing sexual harassment allegations from three women, school three women, school documents show. documents show. The college is trying to fire Luis Salas, who has been banned from the Osceola The college is trying to fire Luis Salas, who has been banned from the Osceola County campus since May when he was put on paid leave. The school County campus since May when he was put on paid leave. The school stopped paying him Feb. 6. stopped paying him Feb. 6. The tenured professor who has taught at Valencia since 2011 is fighting to The tenured professor who has taught at Valencia since 2011 is fighting to keep his nearly $55,000-a year job by seeking an administrative hearing to keep his nearly $55,000-a year job by seeking an administrative hearing to appeal the school\u2019s decision. No hearing date has been scheduled. appeal the school\u2019s decision. No hearing date has been scheduled. Salas, 40, declined to comment when contacted at home. Salas, 40, declined to comment when contacted at home. One student said he promised her a passing grade in exchange for a hug in One student said he promised her a passing grade in exchange for a hug in spring 2016, according to a school investigative report released spring 2016, according to a school investigative report released this month to this month to the Orlando Sentinel. Salas disputed the allegations, saying it was the student the Orlando Sentinel. Salas disputed the allegations, saying it was the student who initiated the swap. who initiated the swap Valencia professor fighting for Valencia professor fighting for job after sexual harassment job after sexual harassment allegations allegations 2/17/25, 12:09 Valencia professor fighting for job after sexual harassment allegations \u2013 Sun Sentinel 1/3 Originally Published: Originally Published: February 23, 2017 at 7:20 February 23, 2017 at 7:20 Another student accused Salas of trying to kiss her when they were in his car Another student accused Salas of trying to kiss her when they were in his car as they got lunch together off-campus in November 2015. Salas asked if she as they got lunch together off-campus in November 2015. Salas asked if she had ever fallen in love with any of her professors, the student said told had ever fallen in love with any of her professors, the student said told investigators. investigators. \u201cNo,\u201d she said, and then the \u201ccar ride back to campus was very quiet,\u201d the \u201cNo,\u201d she said, and then the \u201ccar ride back to campus was very quiet,\u201d the report said. report said. Salas denied the incident to school investigators. Salas denied the incident to school investigators. Both students, who became friends through class, \u201cdescribed Mr. Salas as Both students, who became friends through class, \u201cdescribed Mr. Salas as helpful and friendly but after their experiences with him, neither feels helpful and friendly but after their experiences with him, neither feels comfortable meeting with him alone in his office,\u201d the report said. comfortable meeting with him alone in his office,\u201d the report said. They described his office as secluded and they were concerned about being in They described his office as secluded and they were concerned about being in his office and something happening because no one would be able to see his office and something happening because no one would be able to see him.\u201d him.\u201d One felt so uncomfortable, she dropped his class in the summer 2016 and One felt so uncomfortable, she dropped his class in the summer 2016 and considered switching campuses, the report said. considered switching campuses, the report said. Salas also faced sexual harassment allegations from a colleague, the report Salas also faced sexual harassment allegations from a colleague, the report said. said. About a year ago, he complimented an adjunct professor\u2019s lips and placed About a year ago, he complimented an adjunct professor\u2019s lips and placed her hand on his to guide a computer mouse, the woman told investigators. her hand on his to guide a computer mouse, the woman told investigators. After that, she \u201cmade it a point to never be alone with Mr. Salas,\u201d the report After that, she \u201cmade it a point to never be alone with Mr. Salas,\u201d the report said. said. School investigators decided Salas\u2019 accusers had more credibility than him. School investigators decided Salas\u2019 accusers had more credibility than him. They said he contacted one of the victims during the investigation after they They said he contacted one of the victims during the investigation after they specifically told him not to do so. specifically told him not to do so. \u201cHis response to questions about these allegations are comprised largely of \u201cHis response to questions about these allegations are comprised largely of speculation and contradiction,\u201d the report said. \u201cMr. Salas denied any speculation and contradiction,\u201d the report said. \u201cMr. Salas denied any wrongdoing and accused the reporting parties of stalking, conspiring against wrongdoing and accused the reporting parties of stalking, conspiring against him and colluding with faculty at other Valencia campuses in a plot to have him and colluding with faculty at other Valencia campuses in a plot to have him fired.\u201d him fired.\u201d grusson@orlandosentinel.com grusson@orlandosentinel.com, , @gabriellerusson @gabriellerusson, or 407-420-5470 , or 407-420-5470 2/17/25, 12:09 Valencia professor fighting for job after sexual harassment allegations \u2013 Sun Sentinel 2/3 2017 2017 \ue907 \ue907February February \ue907 \ue90723 23 2/17/25, 12:09 Valencia professor fighting for job after sexual harassment allegations \u2013 Sun Sentinel 3/3", "7875_103.pdf": "C. SHUGART, Ph.D., as President of Valencia College, V. Petitioner (a/k/a RIVERA), Respondent. File No.17-01 Respondent, Mr. Luis Salas (a/k/a Luis Salas Rivera), is hereby notified of that the District Board of Trustees of Valencia College, Florida (the \"Board\") has accepted President Sanford C. Shugart's Petition and Request for Interim Relief seeking Respondent's termination of your employment as a Tenured Professor of Graphic Design, and has placed Respondent on administrative leave without pay pending final action on the President Shugart's Petition, subject to the hearing rights below. (See Exhibit - Resolution of the Board ofTrustees To: Mr. Luis Salas: You are hereby notified that you have a right to a public hearing on your proposed dismissal in accordance with the policies and procedures of the Valencia College (hereinafter \"College\"). You are also hereby notified that you have a right to an expedited, informal hearing regarding your placement on administrative leave without pay in accordance with the policies and procedures of the Board. You have already requested a hearing on the proposed termination; however, if you wish a"} |
8,456 | John Giacomini | Stanford University | [
"8456_101.pdf",
"8456_102.pdf",
"8456_103.pdf",
"8456_104.pdf",
"8456_105.pdf",
"8456_106.pdf",
"8456_107.pdf",
"8456_108.pdf"
] | {"8456_101.pdf": "memo describes sexual harassment allegations against doctor, he says it was consensual memo describes sexual harassment allegations against doctor, he says it was consensual \uf017October 2, 2019 7:30 am 2/17/25, 12:10 memo describes sexual harassment allegations against doctor, he says it was consensual \u2013 Palo Alto Daily Post 1/9 Dr. John Giacomini. Stanford photo Daily Post Staff Writer top heart doctor at the Palo Alto Hospital sexually harassed a subordinate employee, an investigation has found, but he says it was a consensual relationship. Dr. John Giacomini, 71, of Atherton, was terminated from his job as a professor at the Stanford Medical School and is no longer employed at the VA. But he has landed a job as a consultant at Sequoia Hospital in Redwood City. The Post filed a Freedom of Information Request with the Department of Veterans Affairs for a Nov. 15, 2018, memo that described the investigation into Dr. Giacomini. The memo, authored by Jonathan Sills of the VA\u2019s Administrative Board of Investigation, found that Giacomini engaged in \u201cbehaviors of a sexual nature\u201d with a subordinate employee after she told him she did not want a relationship beyond being friends. The determined that Giacomini engaged in \u201ca prohibited relationship with a subordinate\u201d and created an \uf09a \uf099 \uf0d2 \uf0d5 \uf003 2/17/25, 12:10 memo describes sexual harassment allegations against doctor, he says it was consensual \u2013 Palo Alto Daily Post 2/9 \u201cintimidating, hostile and offensive work environment,\u201d according to the memo. The memo says that a female employee being supervised by Giacomini reported that he began giving her hugs when leaving her office during the fall of 2017. He expanded that behavior to rubbing her back and kissing her neck, the memo says. She told him that she did not want a relationship with him because he was her boss, to which he responded that he was \u201cmore of a colleague,\u201d according to the allegations outlined in the memo. Accuser says he became more aggressive The employee reported that over the next few months Giacomini grew more aggressive in his pursuit of a sexual relationship, according to the memo. He began touching her breasts and buttocks and holding her jaw when kissing her, the memo says. He also hugged her on various occasions in a position such that her hands would be held against genitals, according to the memo. On one occasion Giacomini undid the drawstrings of the employee\u2019s scrubs and put his hands under her underwear, according to the memo housekeeper witnessed that encounter when the housekeeper opened the door to the office that Giacomini and the employee were inside, according to the memo. The investigation said the employee reported feeling harassed while Giacomini described their interactions as being consensual, according to the memo. Evidence collected during the investigation indicated that Giacomini had \u201cengaged in behaviors of a sexual nature\u201d with the employee after she advised him that she did not want to have a relationship beyond being friends, according to the memo. 2/17/25, 12:10 memo describes sexual harassment allegations against doctor, he says it was consensual \u2013 Palo Alto Daily Post 3/9 Second woman comes forward The investigation also found evidence that indicated Giacomini likely propositioned a second female subordinate to engage in a sexual relationship, and continued to ask for hugs and make inappropriate comments about her appearance that were sexual in nature after she declined. The memo says that employee alleged Giacomini asked her to have a relationship with him in 2008 while attending an off-site conference. She rebuffed him, but he continued to make comments about her appearance including mentioning that she had lost weight in her chest or that a faculty meeting was boring but at least he was able to see her \u201cin her jeans,\u201d the memo says. She said she did not report him at the time because she believed he was going to retaliate against her and he was her supervisor, according to the memo. Giacomini declined to speak with the Post. His lawyer, Michael Betz, said in a statement that Giacomini adamantly denies any allegations of workplace impropriety. \u201cIn regards to confidential investigations concerning a consensual relationship which had nothing to do with the practice of medicine, we maintain they were improperly conducted and contain defamatory statements about Dr. Giacomini,\u201d said Betz. When the Post inquired about Giacomini\u2019s employment status in August, Stanford said he was terminated after it conducted an investigation. \u201cUpon learning of the complaint against Dr. Giacomini in June of 2018, Stanford placed him on leave and relieved him of any responsibilities at the university,\u201d said Stanford spokeswoman Julie Greicius. \u201cAs a result of the investigation\u2019s findings, Dr. Giacomini was given the notice 2/17/25, 12:10 memo describes sexual harassment allegations against doctor, he says it was consensual \u2013 Palo Alto Daily Post 4/9 Fire damages home in Los Altos, 5 people displaced \uf101 New rules exclude community members from Stanford clubs necessary to terminate his contract. During that period, he chose to retire. Dr. Giacomini did not resume any of his responsibilities at Stanford after being placed on leave in June 2018, and is no longer a Stanford faculty member.\u201d The confirmed in August that Giacomini was no longer an employee, but declined to comment on the details of his departure. Then the Post filed the Freedom of Information Act request that resulted in the disclosure of the VA\u2019s investigation memo. The VA\u2019s investigation was based on emails, personnel records and interviews with 10 staff members including Giacomini. Giacomini is currently working as an administrative consultant at Sequoia Hospital in Redwood City. He was advertised as a featured speaker for Sequoia\u2019s Heart and Vascular Institute\u2019s symposium at the Ritz-Carlton Hotel in Half Moon Bay on Sept. 21. His topic: Valve replacement devices. Sequoia spokeswoman Claire Henry confirmed his new role but declined to comment further. Giacomini graduated Baylor College of Medicine in 1973 and completed a fellowship at Stanford in 1978 2/17/25, 12:10 memo describes sexual harassment allegations against doctor, he says it was consensual \u2013 Palo Alto Daily Post 5/9 County spends $4.5 million to add beds County delays decision on proposed Stanford building near medical center Tips for navigating open enrollment for buyers of Covered California and individual plans The Daily Post has been adjudicated by the Superior Court of Santa Clara County as a newspaper of general circulation in the City of Palo Alto and County of Santa Clara, and is qualified to publish legal notices, including: \u2022 Fictitious Business Name Statements (FBNs) \u2022 Legal name changes \u2022 Petitions to Administer Estate (Probate 2/17/25, 12:10 memo describes sexual harassment allegations against doctor, he says it was consensual \u2013 Palo Alto Daily Post 6/9 \u2022 Notices of Public Sale \u2022 Alcohol Beverage Licenses \u2022 Service by Publication \u2022 Notices of Trustee\u2019s Sale \u2022 Family Law Summonses Just email or call (650) 328-7700 to place your legal advertisement. Only a fraction of the local news stories covered by the Daily Post appear on this website. To get all the local news, including many stories you can\u2019t find online, pick up the Post every morning at 1,000 Mid-Peninsula locations Steins Beer Garden closing, Oktoberfest in doubt Six cities say sheriff must go Steins Beer Garden closing, Oktoberfest in doubt Six cities say sheriff must go Six cities say sheriff must go 2/17/25, 12:10 memo describes sexual harassment allegations against doctor, he says it was consensual \u2013 Palo Alto Daily Post 7/9 Six cities say sheriff must go Rebuke of board member over re-post fails Amazon Apple Atherton Belmont Burlingame California Caltrain East Palo Alto Election 2020 Election 2024 Facebook Google Guest Opinion HBO's Silicon Valley Hillsborough In the news Los Altos Los Altos Hills Menlo Park Mountain View North Fair Oaks November 2020 Election 2/17/25, 12:10 memo describes sexual harassment allegations against doctor, he says it was consensual \u2013 Palo Alto Daily Post 8/9 Obituaries Opinion Palo Alto Portola Valley Redwood City San Carlos San Mateo San Mateo County Santa Clara County Spotlight Stanford Woodside \u00a9 Copyright 2025, The Daily Post. All rights reserved. Privacy Policy. Terms of Use. ::after 2/17/25, 12:10 memo describes sexual harassment allegations against doctor, he says it was consensual \u2013 Palo Alto Daily Post 9/9", "8456_102.pdf": "From Casetext: Smarter Legal Research United States v. Giacomini United States District Court, Northern District of California Feb 9, 2022 20-cr-00134-BLF-1 (N.D. Cal. Feb. 9, 2022) Copy Citation Download Check Treatment Take care of legal research in a matter of minutes with CoCounsel, your new legal assistant. Try CoCounsel free 20-cr-00134-BLF-1 02-09-2022 AMERICA, Plaintiff, v GIACOMINI, Defendant NOS. 58, 59, 63, 64, 65, 66, 67, 68, 69, 70, 71 Sign In Search all cases and statutes... Opinion Case details 2/17/25, 12:10 United States v. Giacomini, 20-cr-00134-BLF-1 | Casetext Search + Citator 1/20 *2 Dr. John Giacomini has been charged with one count of abusive sexual contact of Victim 1 in violation of 18 U.S.C. \u00a7 2244(b). See No. 1 (\u201cIndictment\u201d). The Court held a pretrial conference on February 8, 2022, during which it issued oral rulings on the Parties' motions in limine. The rulings on the motions in limine are summarized as follows: \u2022 Government's No. 1 No. 63 (\u201cGov't 1 \u2022 Government's No. 2 No. 64 (\u201cGov't 2 \u2022 Government's No. 3 No. 65 (\u201cGov't 3 \u2022 Government's No. 4 No. 66 (\u201cGov't 4 \u2022 Government's No. 5 No. 67 (\u201cGov't 5 \u2022 Government's No. 6 No. 68 (\u201cGov't 6 \u2022 Government's No. 7 No. 69 (\u201cGov't 7 \u2022 Government's No. 8 No. 70 (\u201cGov't 8 \u2022 Government's No. 9 No. 71 (\u201cGov't 9 \u2022 Dr. Giacomini's No. 1 No. 58 (\u201cDef 1 \u2022 Dr. Giacomini's No. 2 No. 59 (\u201cDef 2 2 A. Government's Motion in Limine No. 1 to Preclude Any References to the Sexual History of Any Victim or Witness Under Federal Rule of 2/17/25, 12:10 United States v. Giacomini, 20-cr-00134-BLF-1 | Casetext Search + Citator 2/20 Evidence 412 The Government first moves in limine to exclude reference to Victim 1 and Witness 1's sexual history under Federal Rule of Evidence 412. Gov't 1 at 2. The Government argues that the limited exceptions under Rule 412(b) for admission of a victim's sexual history are not met here. Id. at 2-3. In particular, the Government contends that Dr. Giacomini has not provided any evidence under Rule 412(b)(1)(B) of specific prior instances of Victim 1's sexual behavior with him to allow him to introduce that evidence \u201cto prove consent.\u201d Id. at 3. The Government asks the Court to similarly preclude Dr. Giacomini from introducing evidence as to Witness 1's prior sexual history (assuming that Witness 1 is allowed to testify). Id. at 4. Dr. Giacomini says that he is permitted to introduce evidence of Victim 1 and Witness 1's sexual history with him (and no one else) \u201cto prove consent No. 74 at 1-2. Dr. Giacomini also contends that Rule 412 does not preclude the introduction of the sexual history of a witness, such as Witness 1, although Dr. Giacomini says he would only introduce evidence that his behavior towards Witness 1 was consensual if Witness 1 alleges that it was not. Id. at 2. Under Rule 412, \u201c[t]he following evidence is not admissible in a civil or criminal proceeding involving alleged sexual misconduct: (1) evidence offered to prove that a victim engaged in other sexual behavior; or (2) evidence offered to prove a victim's sexual predisposition.\u201d Fed.R.Evid. 412(a). The Rule provides, as relevant here, that in a criminal case a court may admit \u201cevidence of specific instances of the victim's sexual behavior with respect to the person accused of the sexual misconduct, if offered by the defendant to prove consent or if offered by the prosecutor.\u201d Id. R. 412(b) (1 party seeking to offer evidence under Rule 412(b) must file a motion describing the evidence and the purpose for which it is to be offered; do so at least 14 days before trial; serve the motion on all parties; and notify the victim or the victim's guardian or representative. Fed.R.Evid. 412(c)(1). \u201cBefore admitting evidence under this rule, the court must conduct an in camera hearing and give the victim and parties a right to attend and *3 be heard.\u201d Fed.R.Evid. 412(c)(2). \u201cUnless the court orders otherwise, the motion, related materials, and the record of the hearing must be and remain sealed.\u201d Id. 3 2/17/25, 12:10 United States v. Giacomini, 20-cr-00134-BLF-1 | Casetext Search + Citator 3/20 Under Rule 412, the Court agrees with the Government that Dr. Giacomini is prohibited from offering evidence that Victim 1 engaged in sexual behavior with individuals other than Dr. Giacomini, except under certain circumstances not applicable here. Dr. Giacomini recognizes as much; he says he does not intend to offer evidence of Victim 1 or Witness 1's sexual behavior, other than evidence of their sexual behavior with him to prove consent. Dr. Giacomini is correct that that evidence about Victim 1's sexual behavior with him may be admissible under Rule 412(b)(1)(B); he must, however, comply with the procedural requirements of Rule 412(c) so that the Court may determine if the specific evidence he will offer regarding Victim 1 is admissible. Because Rule 412 does not apply to witnesses who are not victims, Rule 412(c)'s procedural requirements need not be followed for testimony about Witness 1's prior sexual behavior. The Government's first motion in limine is GRANTED. For Victim 1, Dr. Giacomini may make a proffer of evidence about Victim 1's prior sexual behavior with him subject to the procedural requirements of Rule 412(c). If Dr. Giacomini intends to submit evidence about Victim 1, he submit the motion required by Rule 412(c) no later than Friday, February 11, 2022. The Court will set an in camera hearing under Rule 412(c)(2) after receiving Dr. Giacomini's motion to determine if the proffered evidence is admissible. The Court neglected to note at the hearing that, by its plain terms, Rule 412(c) applies to any \u201cparty\u201d who \u201cintends to offer evidence under Rule 412(b).\u201d Because the Government has indicated its intent to offer \u201cevidence of specific instances of [Victim 1's] sexual behavior with respect to [Dr. Giacomini], \u201d the Government must also comply with the provisions of Rule 412(c). The Court construes the Government's third motion in limine as the required motion under Rule 412(c)(1)(A) and orders the Government to provide to Victim 1 both its motion and Dr. Giacomini's forthcoming motion. The in camera hearing will consider both motions. B. Government's Motion in Limine No. 2 to (1) Admit Party-Opponent Admissions and (2) Preclude Defense from Admitting Self-Serving Hearsay 2/17/25, 12:10 United States v. Giacomini, 20-cr-00134-BLF-1 | Casetext Search + Citator 4/20 The Government next moves in limine to allow it to admit Dr. Giacomini's out-of-court *4 statements in its case-in-chief under Federal Rules of Evidence 801(d)(2)(A). Gov't 2 at 2. Those statements, although not specifically identified, fall into five categories: (1) Dr. Giacomini's oral statements to Victim 1, including in a recording made by Victim 1 on June 11, 2018; (2) Dr. Giacomini's written statements to Victim 1, including text messages; (3) Dr. Giacomini's oral and written statements to officials and investigators, including recorded statements to investigators on June 19, 2018; (4) Dr. Giacomini's oral and written statements to officials at Stanford University; and (5) Dr. Giacomini's oral and written statements in 2008 to Witness 1 wherein he allegedly pursued sexual contact with her. Id. at 2. The Government says that Dr. Giacomini cannot introduce his own out-of-court statements without overcoming the hearsay bar. Id. at 3. Dr. Giacomini says that although Rule 801(d)(2)(A) allows the Government to admit his prior out-of-court statements and precludes him from offering them himself absent a hearsay exception, the Government's failure to identify specific statements in its motion prevents him from objecting based on the rule of completeness No. 75 at 1-2. Dr. Giacomini also reserves his right to introduce his prior consistent statements in the event the Government suggests his testimony is untruthful or to rehabilitate his credibility if attacked. See Id. at 2 (citing Fed.R.Evid. 801(d)(1)(B)). 4 The Court the Government's second motion in limine. Dr. Giacomini's self-serving hearsay statements are EXCLUDED. Regarding the rule of completeness, the parties shall meet-and-confer regarding the applicability of the rule of completeness to the categories of evidence the Government specifies in its motion. If the Court is required to rule on any disputes regarding the rule of completeness, they be submitted to the Court no later than February 20, 2022. Regarding prior consistent statements, the Court ruling until trial. During trial, Dr. Giacomini needs to be prepared to identify a specific prior inconsistent statement that he seeks to rehabilitate with prior consistent statements under Rule 801(d) (1)(B). C. Government's Motion in Limine No. 3 to Introduce 404(b) Evidence and Other Bad Acts Evidence 2/17/25, 12:10 United States v. Giacomini, 20-cr-00134-BLF-1 | Casetext Search + Citator 5/20 The Government's third motion in limine seeks to introduce the testimony of Witness 1 *5 under Federal Rule of Evidence 404(b). Gov't 3. The Government says that Witness 1, another cardiologist at the Palo Alto who worked under Dr. Giacomini's supervision, is anticipated to testify that in approximately 2008, Dr. Giacomini made unwanted romantic advances towards her in the form of inappropriate comments about her appearance, providing her with personal gifts, hugs that made her uncomfortable, and at least one request to have a relationship. Id. at 2-3. Witness 1 is anticipated to testify that she rejected those advances and that Dr. Giacomini then retaliated against her over the next ten years by professionally isolating her and restricting her career advancement. Id. The Government says that this testimony is admissible under Rule 404(b) because it is probative of Dr. Giacomini's motive, opportunity, plan, knowledge, lack of accident or mistake, and intent in carrying out the charged conduct against Victim 1. Id. at 3. The Government says that the testimony is admissible under Rule 404(b) because there is (1) sufficient proof that Dr. Giacomini committed the other bad acts; (2) the other bad acts are admitted to prove a material issue in the case; (3) the other bad acts were not too remote in time; and (4) the other bad acts are sufficiently similar to the charged conduct. Id. at 3- 4 (citing United States v. Romero, 282 F.3d 683, 688 (9th Cir. 2002); United States v. Ayers, 924 F.2d 1468, 1473 (9th Cir. 1991)). 5 Dr. Giacomini opposes the motion and seeks an order excluding the evidence-which he separately seeks in his second motion in limine No. 76; compare Def 2. He first argues that the Government failed to timely give notice under Rule 404(b)(3 No. 76 at 2. He then argues that the evidence does not satisfy any permitted purpose under Rule 404(b). Id. at 2- 4. Witness 1's testimony cannot be offered to prove that Dr. Giacomini pursued a sexual relationship with a subordinate in the past and retaliated against her for her romantic rejection because that evidence would be impermissible propensity evidence and is too dissimilar to the charged conduct, Dr. Giacomini says. Id. at 2-3. Neither can it be offered, he says, to explain Victim 1's state of mind-that she may have been \u201cloathe to reject\u201d Dr. Giacomini's advances in light of his position of authority-because there is no evidence that (1) Dr. Giacomini abused his power to pursue a romantic relationship with either Witness 1 or Victim 1, or to punish one or both of 2/17/25, 12:10 United States v. Giacomini, 20-cr-00134-BLF-1 | Casetext Search + Citator 6/20 them for rejecting him, or (2) Victim 1 knew about Witness 1's allegations at the time of *6 her alleged abuse. Id. at 4. Finally, the testimony cannot be offered to demonstrate Dr. Giacomini's \u201cunwillingness to accept a clearly expressed refusal\u201d because Witness 1 in fact will testify that Dr. Giacomini did not pursue their relationship further after Witness 1 rejected him. Id. Dr. Giacomini further argues that Witness 1's testimony-concerning events in 2008-is too far removed in time from the charged conduct and that the testimony fails a Rule 403 analysis. Id. at 5. 6 The Court first considers the admissibility of the evidence under Rule 404(b) before proceeding to a Rule 403 analysis. In this analysis, the Court will separately consider two parts of Witness 1's anticipated testimony: first, her anticipated testimony about Dr. Giacomini's request and pressure to engage in a sexual relationship; and second, her anticipated testimony about Dr. Giacomini's alleged retaliation against her for spurning him. i. Federal Rule of Evidence 404(b) Federal Rule of Evidence 404(b) states that \u201c[e]vidence of any other crime, wrong, or act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in accordance with that character.\u201d The Rule does allow that evidence to be admitted \u201cfor another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.\u201d Fed.R.Evid. 404(b)(2). Dr. Giacomini challenges Witness 1's testimony on three different grounds under Rule 404(b), each of which is considered below. a. Adequacy of Notice Dr. Giacomini first challenges the adequacy of the Government's notice of its intent to introduce Witness 1's testimony. See No. 76 at 2. Rule 404(b)(3) requires the Government in a criminal case to (1) provide \u201creasonable notice\u201d in writing prior to trial of any Rule 404(b) evidence to be offered at trial \u201cso that the defendant has a fair opportunity to meet it, \u201d and (2) articulate the \u201cpermitted purpose\u201d for which it will be offered. The Court finds that the Government has given the required notice. The Government appears to have disclosed its intent to offer Witness 1's 2/17/25, 12:10 United States v. Giacomini, 20-cr-00134-BLF-1 | Casetext Search + Citator 7/20 testimony as Rule 404(b) evidence in a May 2020 discovery letter. See Gov't 3 Ex at 1 (letter dated May 22, 2020 indicating that *7 the Government \u201cmay seek to introduce the other crimes, wrongs or acts committed by defendant which are referenced in the enclosed documents pursuant to Rule[] 404(b)). Even if that was not adequate notice, the Government's filing of its third motion in limine disclosed its intent and attached two exhibits with specifics about Witness 1's anticipated testimony. See Gov't 1; id. Exs. A-B. That filing-made 53 days before trial-is more than sufficient notice under Rule 404(b)(3), which requires only \u201creasonable notice\u201d made \u201cin writing before trial.\u201d See United States v. White, 816 F.3d 976, 985 (8th Cir. 2016) (approving notice made \u201c[o]ne week prior to trial\u201d and citing cases); United States v. French, 974 F.2d 687, 695 (6th Cir. 1992) (approving notice made one week prior to trial because it gave \u201cample opportunity before trial to prepare\u201d for the testimony). Accordingly, the Government gave sufficient notice of its intent to introduce Witness 1's testimony as Rule 404(b) evidence. 7 b. Rule 404(b) Purpose Dr. Giacomini next contends that the Government has not provided a specific Rule 404(b) purpose for which the evidence is admissible, and that in any case Witness 1's testimony does not fulfill any of the Rule 404(b) purposes. \u201cThe threshold inquiry a court must make before admitting similar acts evidence under Rule 404(b) is whether the evidence is probative of a material issue other than character.\u201d Huddleston v. United States, 485 U.S. 681, 686 (1988). The Court agrees with the Government that Witness 1's testimony regarding the unwanted request and pressure to engage in a sexual relationship is probative of multiple Rule 404(b) purposes. Witness 1 is anticipated to testify that Dr. Giacomini made unwanted romantic advances on her and at least one request to have a relationship, and that she rebuffed those advances. Dr. Giacomini continued to make physical contact with Witness 1 after she rebuffed him. Such testimony is probative of Dr. Giacomini's knowledge of and absence of mistake as to the meaning of consent regarding a relationship or romantic advances in the workplace. Those are also material issues regarding the charged conduct against Victim 1. Thus, at 2/17/25, 12:10 United States v. Giacomini, 20-cr-00134-BLF-1 | Casetext Search + Citator 8/20 least this portion of Witness 1's testimony fulfills a permitted use under Rule 404(b)(2). As to Witness 1's testimony about retaliation, there is a weaker albeit sufficient connection to a Rule 404(b) purpose. Dr. Giacomini's use of his supervisory power over Witness 1 to *8 retaliate against her after she rejected his advances is also at least somewhat probative of his absence of mistake as to the meaning of consent. By allegedly retaliating against Witness 1 in the workplace after she rejected his advances, Dr. Giacomini punished Witness 1 for not consenting to his request for a relationship. Dr. Giacomini's retaliation against Witness 1 thus could create the inference that he understood her refusal to consent and punished her for doing so. While a tenuous connection, this testimony does satisfy a Rule 404(b) purpose. 8 c. Rule 404(b) Requirements Now that the Court has concluded that Witness 1's testimony could fulfill a Rule 404(b) purpose and that the Government gave proper Rule 404(b)(3) notice, the Court analyzes whether the testimony meets the substantive requirements of Rule 404(b). Other bad acts evidence is admissible under Rule 404(b) if (1) sufficient proof exists for the jury to find that the defendant committed the other bad act; (2) the other bad acts are offered to prove a material point in the case; (3) the other acts are not too remote in time; and (4) the other acts are sufficiently similar to the charged conduct. See United States v. Romero, 282 F.2d 683, 688 (9th Cir. 2002). The Court analyzes each factor in turn, again separating the request and pressure for a relationship from the retaliation. Sufficient Proof. There first must be sufficient proof to find that defendant committed the other bad act. Romero, 282 F.2d at 688. This is a \u201clow threshold\u201d for the Government. Id. at 688. There is sufficient proof of the other bad act if \u201cthere is sufficient evidence to support a finding by the jury that the defendant committed the similar act.\u201d Huddleston, 485 U.S. at 685 (rejecting rule that required court to make preliminary finding under Rule 404(b) that defendant committed the act by preponderance of the evidence). The Court finds that the Government has offered such sufficient 2/17/25, 12:10 United States v. Giacomini, 20-cr-00134-BLF-1 | Casetext Search + Citator 9/20 proof of both the pressure to engage in a relationship and the retaliation. Witness 1 offered testimony of Dr. Giacomini's conduct towards her under oath at an administrative hearing, and two administrative inquiries made findings regarding the validity of Witness 1's allegations. See Gov't 3 Exs. 1-2 (sealed administrative findings). Additionally, Witness 1 will testify in this case subject to the Court's findings in adjudicating this motion in limine. Witness 1 will be subject to cross-examination by Dr. Giacomini, and the jury will determine her credibility. This *9 meets the \u201clow threshold\u201d for sufficient proof demanded by Rule 404(b). See Romero, 282 F.3d at 688 (sufficient proof of prior bad acts where \u201cthey were admitted through the testimony of [a witness], whose credibility was left to the jury\u201d). 9 Material Point. The prior bad acts evidence must also \u201ctend[] to prove a material point\u201d in the case. Romero, 282 F.3d at 688. Again, Witness 1's testimony regarding Dr. Giacomini's request and pressure to engage in a sexual relationship goes to a material point in this case- knowledge of and lack of mistake as to the meaning of consent regarding a relationship or romantic advances in the workplace, particularly between a supervisor and a subordinate. These are material issues regarding the charged conduct against Victim 1 because they concern the issue of consent to the charged sexual touching, which Dr. Giacomini has indicated he will offer as a defense to the charged conduct. Witness 1's testimony regarding retaliation is less persuasive. Victim 1 does not allege that she suffered retaliation from Dr. Giacomini after the charged conduct, and so Witness 1's testimony regarding retaliation is less linked to issues relevant to Victim 1. Nevertheless, the Court has already identified that the retaliation evidence is at least somewhat probative of Dr. Giacomini's absence of mistake as to the meaning of consent. Dr. Giacomini allegedly punished Witness 1 for her lack of consent by retaliating against her, which could create the inference that he understood her refusal to consent and sought to harm her for doing so. The retaliation testimony thus could go to a \u201cmaterial point\u201d in this case. Remoteness in Time. The prior bad acts must \u201cnot [be] too remote in time\u201d from the charged acts. Romero, 282 F.3d at 688. The Ninth Circuit has approved admission of evidence of prior sexual misconduct as long as 15 2/17/25, 12:10 United States v. Giacomini, 20-cr-00134-BLF-1 | Casetext Search + Citator 10/20 years prior to the charged conduct. See United States v. Hadley, 918 F.2d 848, 850-51 (9th Cir. 1990) (\u201cThe similarity of the prior act to the offense charged outweighs concerns regarding its remoteness.\u201d). Here, Witness 1's testimony regarding the request for a sexual relationship concerns events ten years prior to the charged conduct which, although somewhat temporally removed from the charged conduct, are strikingly similar to some of the conduct underlying Victim 1's treatment by Dr. Giacomini. This similarity outweighs concerns about the temporal removal of the conduct towards Witness 1 from the charged conduct. *10 10 In order to connect the alleged 2008 incident to the present time, the Government seeks to introduce Witness 1's testimony of her conclusion that Dr. Giacomini retaliated against her over the subsequent ten-year period. But as the Court concludes below, that evidence is poorly substantiated and only realized by Witness 1 after she learned of Victim 1's allegations in 2018. Thus, the Court has analyzed the remoteness element separately to ensure that the alleged 2008 conduct is appropriately admitted even if the retaliation evidence is excluded. Sufficient Similarity. Finally, the prior bad acts must be \u201csimilar to the offense charged.\u201d Romero, 282 F.3d at 688 (citing United States v. Chea, 231 F.3d 531, 534 (9th Cir. 2000)). Witness 1's testimony regarding Dr. Giacomini's pressure to engage in a sexual relationship is strikingly similar to some of the conduct alleged to have happened to Victim 1. In both sets of allegations, Dr. Giacomini engaged in romantic relations and pursued an unwanted sexual relationship with a subordinate and continued to request physical contact after she rebuffed him. Until Witness 1 expressly rebuffed Dr. Giacomini's advances-allegedly telling him \u201cno, you're my boss and, you know, you're married and don't share those feelings\u201d-Witness 1 and Victim 1 had nearly identical experiences. That Witness 1 has not alleged that Dr. Giacomini engaged in the actual charged conduct-abusive physical conduct- against Victim 1 does not mean that Witness 1's testimony is not sufficiently \u201csimilar to the offense charged\u201d to satisfy this element of the Rule 404(b) test. The Rule does not require the prior bad act to be identical to the charged conduct. 2/17/25, 12:10 United States v. Giacomini, 20-cr-00134-BLF-1 | Casetext Search + Citator 11/20 Witness 1's testimony regarding retaliation is far less similar to the charged conduct in this case. Victim 1 has not alleged that she suffered retaliation from Dr. Giacomini. The testimony does, however, share some similarity with the charged conduct in that it indicates an act performed after lack of consent. For Victim 1, the act is the charged conduct-abusive sexual conduct. For Witness 1, the acts were alleged professional retaliation over a ten-year period. The Court finds this similarity sufficient, but only barely, to satisfy this prong of the Rule 404(b) analysis. Accordingly, Witness 1's testimony satisfies the requirements of Rule 404(b), although the retaliation testimony does so only tenuously. *11 11 ii. Federal Rule of Evidence 403 Finally, Dr. Giacomini contends that Witness 1's testimony does not meet the requirements of Rule 403. \u201cIf the evidence meets the test under Rule 404(b), the court must then decide whether the probative value is substantially outweighed by the prejudicial impact under Rule 403.\u201d Romero, 282 F.3d at 688 (citing Chea, 231 F.3d at 534). The Court finds that the testimony Witness 1 is anticipated to offer regarding Dr. Giacomini's alleged sexual harassment and pursuit of her satisfies Rule 403 because its probative value is not substantially outweighed by risk of prejudice or other Rule 403 issues. As the Court has described, the testimony about Dr. Giacomini's harassment and pursuit of Witness 1 is highly probative of his knowledge of and lack of mistake as to consent, a key issue in this case. The prejudicial effect of the testimony is mitigated because Witness 1 and Victim 1's experiences are so similar prior to Witness 1 rebuffing Dr. Giacomini's advances. The Court recognizes the possibility of confusing the jury regarding the difference between sexual harassment and the charged conduct of sexual abuse, but believes that a limiting instruction will properly address that concern. However, the Court finds that, even if Witness 1's testimony regarding retaliation satisfied Rule 404(b), that testimony would not satisfy Rule 403. The Court agrees with Dr. Giacomini that Witness 1's testimony about Dr. Giacomini's alleged retaliation against her is poorly substantiated and would amount to an undue consumption of time at trial. If Witness 1 is allowed to 2/17/25, 12:10 United States v. Giacomini, 20-cr-00134-BLF-1 | Casetext Search + Citator 12/20 testify that Dr. Giacomini prevented the growth of her career and sabotaged her advancement opportunities, Dr. Giacomini would have to be permitted to probe whether other facts-such as her skill as a doctor, lack of availability of other career opportunities, and the like-caused Witness 1's career to stagnate. This could require testimony from other individuals at the or experts in the field-all on an issue that isn't particularly relevant to the acts that Dr. Giacomini committed against both Witness 1 and Victim 1. The bad act in common is the sexual harassment and unrequited pursuit of a sexual relationship with a subordinate, not any retaliation that Witness 1 (but apparently not Victim 1) experienced. Additionally, the Court is concerned about the time between Dr. Giacomini's alleged sexual harassment of Witness 1 and when Witness 1 appears to *12 have concluded that the harassment held her back in her career-around when she became aware of Victim 1's experience almost a decade after hers. Testimony regarding the alleged retaliation thus fails Rule 403 and will be excluded. 12 Accordingly, the Government's third motion in limine is PART. Witness 1 will be allowed to testify regarding Dr. Giacomini's alleged sexual harassment and unrequited pursuit of a sexual relationship with her, but not regarding any alleged retaliation after she told him to stop. The Court will give a limiting instruction on Witness 1's testimony as approved by the Ninth Circuit in United States v. Rrapi, 175 F.3d 742, 748 (9th Cir. 1999). The parties shall meet-and-confer regarding that instruction and should submit it to the Court in advance of trial. D. Government's Motion in Limine No. 4 to Exclude References to Punishment in Front of the Jury The Government next moves in limine to exclude references to punishment in front of the jury. Gov't 4. The Government says that such references are inappropriate because the jury is not supposed to consider the consequences of its verdict. Id. at 2. Dr. Giacomini does not oppose the motion, arguing only that (1) the order should be binding on both parties and (2) he should not be prevented from calling this a \u201cserious\u201d case- without reference to punishment, consequences, or sentencing No. 77 at 1-2. 2/17/25, 12:10 United States v. Giacomini, 20-cr-00134-BLF-1 | Casetext Search + Citator 13/20 The Government's motion is GRANTED, and neither party shall make references to punishment in front of the jury. The Court also excludes any description of the case as \u201cserious\u201d-even without reference to punishment, consequences, or sentencing. There is a risk that the jury interpreting that word as a reference to punishment, even if there is no express reference to punishment. E. Government's Motion in Limine No. 5 to Exclude Character Evidence The Government's fifth motion in limine seeks to prevent Dr. Giacomini from offering evidence of his good character, which it says is precluded by Federal Rules of Evidence 404 and 405. Gov't 5. Dr. Giacomini does not oppose the motion, saying that he does not intend to *13 introduce any character witness on his behalf No. 78 at 1. Based on Dr. Giacomini's representation that he does not intend to present such evidence, the Government's fifth motion in limine is GRANTED. 13 F. Government's Motion in Limine No. 6 to Exclude Nullification Argument and Evidence In its sixth motion in limine, the Government seeks to preclude Dr. Giacomini from introducing argument or testimony that encourages jury nullification. Gov't 6. The Government identifies several topics that it believes would inappropriately encourage jury nullification, including argument that (1) the case is essentially a personal or administrative dispute; (2) Dr. Giacomini's conduct, even if proven, should not rise to a criminal violation; (3) the criminal matter was pursued for reasons related to Dr. Giacomini's employment; or (4) that Dr. Giacomini's departure from his position at the adequately addresses the matter. Id. at 2. Dr. Giacomini does not oppose the motion No. 79. The Government's sixth motion in limine is GRANTED. The Court will be receptive to objections regarding arguments that may be received by the jury as an invitation for jury nullification. G. Government's Motion in Limine No. 7 to Exclude Evidence or Defenses Not Yet Disclosed 2/17/25, 12:10 United States v. Giacomini, 20-cr-00134-BLF-1 | Casetext Search + Citator 14/20 The Government's seventh motion in limine seeks an order precluding Dr. Giacomini from introducing evidence that was not timely disclosed as required under Federal Rules of Criminal Procedure 16(b) and 26.2. Gov't 7. Dr. Giacomini says he has no objection to such an order as long as it is a mutual order that also applies to the Government No. 80 at 1-2. The Court agrees that such an order is warranted and that it should be mutually binding on the parties. The Government's seventh motion in limine is GRANTED. Both the Government and Dr. Giacomini are precluded from introducing evidence that was not timely disclosed, as required by Federal Rules of Civil Procedure 16(b) and 26.2 and relevant statutory and case law, including the Jencks Act, 18 U.S.C. \u00a7 3500, and Brady v. Maryland, 373 U.S. 83 (1963). The parties' ongoing Jencks and Brady obligations remain in place and are not affected by the decision *14 on this motion in limine. 14 H. Government's Motion in Limine No. 8 to Require Evidentiary Basis Prior to Defense Presentation of Affirmative Defense In its eighth motion in limine, the Government seeks an order requiring Dr. Giacomini to offer a specific evidentiary basis in support of any affirmative defense before he presents the testimony or other evidence to the jury. Gov't 8. If Dr. Giacomini is unable to provide an adequate evidentiary showing, then he should be precluded from offering the defense, says the Government. Id. at 2. Dr. Giacomini says he does not intend to present an affirmative defense and thus does not object to the motion No. 81. Based on Dr. Giacomini's non-opposition, the Government's eighth motion in limine is GRANTED. I. Government's Motion in Limine No. 9 to Conditionally Admit Time and Attendance Records and Training Records Pursuant to Federal Rule of Evidence 803(8) The Government's ninth motion in limine seeks an order conditionally admitting under Federal Rule of Evidence 803(8) two categories of evidence: (1 time and attendance records for Dr. Giacomini and Victim 1 on specific dates in 2017 and 2018; and (2) training records reflecting that Dr. Giacomini received mandatory training on issues related to sexual assault, harassment, and relationships in the workplace prior to the alleged criminal 2/17/25, 12:10 United States v. Giacomini, 20-cr-00134-BLF-1 | Casetext Search + Citator 15/20 conduct in December 2017. Gov't 9 at 2. The proffered evidence would include the substance of the trainings and that Dr. Giacomini received them. Dr. Giacomini does not object to conditionally admitting the time and attendance records No. 82. Dr. Giacomini says that while the training records would qualify as \u201cpublic records\u201d under Rule 803(8), they should not be admitted because they are irrelevant and would confuse the jury and be unfairly prejudicial. Id. at 2 (citing Fed.R.Evid. 401-403). Federal Rule of Evidence 803(8) creates an exception to the hearsay rule for public records document is a record or statement of a public office if it sets out (1) the offices activities; (2) a matter observed while under a legal duty to report (but not including, in a criminal case, a matter observed by law-enforcement personnel); or (3) in a civil case or against the government in a criminal case, factual findings from a legally authorized investigation. Id. *15 15 Time and Attendance Records. Dr. Giacomini admits that the time and attendance records are public records and admissible under Rule 803(8). He makes no other objections to their admission. Accordingly, the Government's ninth motion in limine is as to the time and attendance records. Sexual Harassment Training Records. Dr. Giacomini recognizes that records indicating that he received mandatory sexual harassment training at the are public records under Rule 803(8). He nevertheless objects to admission of those records as irrelevant, confusing to the jury, and unfairly prejudicial under Rules 401-403. At the pretrial conference, the Government defended this evidence as relevant to the knowledge of the appropriateness of certain types of relationships in the workplace, particularly between supervisors and subordinates. The Court agrees with the Government that these training records should be admitted under Rule 403. The Court finds that this evidence is probative of material issues of knowledge and lack of mistake or accident as to consent. The evidence would not be unduly prejudicial to Dr. Giacomini because the materials concern matters within the realm of the charged conduct. Accordingly, the Government's ninth motion in limine is 2/17/25, 12:10 United States v. Giacomini, 20-cr-00134-BLF-1 | Casetext Search + Citator 16/20 as to the sexual harassment training records. The Court believes that a limiting instruction on this evidence would be appropriate. The parties should meet-and-confer on an instruction to determine if an agreement can be reached and, if so, submit the stipulated instruction to the Court in advance of trial A. Dr. Giacomini's Motion in Limine No. 1 to Exclude Alleged Similar Crimes (Fed. R. Evid. 413) Dr. Giacomini's first motion in limine seeks an order excluding the testimony of Witness 1 (described above in the section discussing the Government's third motion in limine) because that evidence does not qualify as a prior \u201csexual assault\u201d under Federal Rule of Evidence 413. Dr. Giacomini 1 at 3-4. The Government maintains that Witness 1's testimony is admissible under Federal Rule of Evidence 404(b) or as inextricably intertwined with the charged offense, but does not oppose the motion because it does not use Federal Rule of Evidence 413 as its admissibility theory No. 72. Accordingly, Dr. Giacomini's first motion in limine is *16 GRANTED, and the Government may not use Federal Rule of Evidence 413 as a basis for admitting the testimony of Witness 1. 16 B. Dr. Giacomini's Motion in Limine No. 2 to Exclude Other Bad Acts Evidence (Fed. R. Evid. 404(a) and (b)) Dr. Giacomini's second motion in limine seeks an order excluding Witness 1's testimony as impermissible prior acts evidence under Federal Rules of Civil Procedure 404(a) and (b). Dr. Giacomini 2. The Court already adjudicated this issue in the Government's third motion in limine, and found that the testimony was admissible in part. See supra Section I.C. But the Court notes that the Government offers an additional theory of admissibility-that the testimony of Witness 1 is \u201cinextricably intertwined with the charged conduct\u201d-in opposition to Dr. Giacomini's second motion in limine. Although the Court already found the testimony partially admissible under Rule 404(b), the Court considers that additional theory of admissibility here. 2/17/25, 12:10 United States v. Giacomini, 20-cr-00134-BLF-1 | Casetext Search + Citator 17/20 Bad acts evidence is not subject to a Rule 404(b) analysis if it is \u201cinextricably intertwined\u201d with the charged offense. See United States v. Vizcarra-Martinez, 66 F.3d 1006, 1012 (9th Cir. 1995). Evidence is \u201cinextricably intertwined\u201d with the charged offense when it either (1) \u201cconstitutes a part of the transaction that serves as the basis for the criminal charge, \u201d or (2) is necessary to admit it \u201cto permit the prosecutor to offer a coherent and comprehensible story regarding the commission of the crime.\u201d Id. at 1012-13 (citing United States v. Williams, 989 F.2d 1061, 1070 (9th Cir. 1993)). Courts look to temporal proximity and substantive similarity to evaluate if an act is \u201cinextricably intertwined\u201d with the charged act. See Rrapi, 175 F.3d at 750. The Court finds that Witness 1's testimony is not \u201cinextricably intertwined\u201d with the charges in the Indictment. The Court has already noted the substantive similarity between Witness 1's testimony and the charged act here-although Witness 1 has not alleged that she was touched, Dr. Giacomini's conduct towards Witness 1 closely resembles his alleged conduct towards Victim 1 prior to the alleged sexual contact. Nevertheless, the Court finds that Dr. Giacomini's conduct towards Witness 1 is not \u201cinextricably intertwined\u201d with the charged conduct for two reasons. First, the conduct towards Witness 1 is temporally removed from the alleged conduct towards Victim 1 by at least ten years. *17 17 This counsels against admitting Witness 1's testimony without first conducting a Rule 404(b) analysis as to the testimony. Second, the conduct is unlike that found to be \u201cinextricably intertwined\u201d with charged conduct in the cases the Government cites. Those cases involve near contemporaneous acts of the defendant in other criminal conduct within the same scheme. See United States v. Soliman, 813 F.2d 277, 279 (9th Cir. 1987) (summary chart describing defendant's contemporaneous supervision of individual who submitted fraudulent insurance claims was inextricably intertwined with charged conduct of mail fraud scheme); Rrapi, 175 F.3d at 748-49 (evidence of uncharged attempted and successful contemporaneous burglaries was inextricably intertwined with charged conduct of additional bank robbery, but judge nevertheless gave limiting instruction as it would for Rule 404(b) evidence); cf. Vizcarra-Martinez, 66 F.3d at 1012-13 (rejecting argument that evidence of contemporaneous possession of small, personal-use amount of 2/17/25, 12:10 United States v. Giacomini, 20-cr-00134-BLF-1 | Casetext Search + Citator 18/20 methamphetamine was inextricably intertwined with charged conduct of possession of chemical with knowledge that it would be used to manufacture methamphetamine because \u201cthe methamphetamine found in defendant's pocket had nothing to do with the incidents leading to the search, nor did it have a bearing upon the commission of the crime\u201d). Those incidents are not similar to the situation here, where Witness 1's experiences are ten years prior to the charged conduct. As the Court has already found the testimony of retaliation inadmissible, those actions cannot link the temporally divorced conduct towards Witness 1 with the charged conduct towards Victim 1 to make them \u201cinextricably linked.\u201d Thus, the Rule 404(b) analysis is required for this evidence, as indicated in the analysis of the Government's third motion in limine. Accordingly, Dr. Giacomini's second motion in limine is PART, as discussed in the Government's third motion in limine ORDERED. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales 2/17/25, 12:10 United States v. Giacomini, 20-cr-00134-BLF-1 | Casetext Search + Citator 19/20 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. 2/17/25, 12:10 United States v. Giacomini, 20-cr-00134-BLF-1 | Casetext Search + Citator 20/20", "8456_103.pdf": "( ( \u2022 Breaking ( Ex-Med School faculty member sentenced for sexual battery ( FOREMAN_The-Stanford-Daily.jpg) Stanford Medicine Li Ka Shing Center for Learning and Knowledge. (Photo FOREMAN/The Stanford Daily) Content warning: This story contains references to sexual abuse. Privacy - Terms July 13, 2022, 11:25 p.m. By Bryan Steven Monge Serrano ( ( 2/17/25, 12:10 Ex-Med School faculty member sentenced for sexual battery 1/6 Former Stanford faculty member John Giacomini was sentenced ( sentenced-prison-sexual-battery) to eight months in prison for sexual battery of a colleague on Tuesday. The felony of sexual battery, which Giacomini pleaded guilty to earlier this year, took place at the Veterans Affairs (VA) Hospital in Palo Alto. Several former colleagues from Stanford and the Palo Alto advocated for Giacomini\u2019s character in letters of support to the court, prior to his sentencing. Giacomini led the cardiology department of the Palo Alto from 1985 to 2018. He also directed the Stanford Cardiology Fellowship and served as a Stanford Medicine faculty member. He lost ( faculty-member-indicted-for-alleged-sexual-battery-at-palo-alto-va/) those positions in 2018 when the accusations of sexual violence emerged. Stanford Medicine placed Giacomini on leave in June 2018 when they learned of the complaint, wrote Julie Greicius, a Stanford Healthcare spokesperson, in a statement to The Daily. Giacomini \u201cpermanently left Stanford shortly thereafter, when the investigation resulted in grounds to terminate his contract,\u201d Greicius wrote. The case was referred to the U.S. Attorney\u2019s Office by the Department of Veterans Affairs because it occurred on federal property at the Palo Alto VA. Giacomini was indicted ( indicted-for-alleged-sexual-battery-at-palo-alto-va/) in 2020 by a federal grand jury and later pleaded guilty in March of this year, three days before his trial was set to begin. On Tuesday, Judge Freeman sentenced Giacomini to pay a fine of $15,000, undergo a special assessment and serve one year of supervised release in addition to his prison term. The victim told ( va-hospital-sentenced-prison-sexual-battery) the court that \u201cthe primary reason reported these events was to help prevent this from happening to anyone else again, especially women fellows in the field of cardiology,\u201d during the sentencing. Giacomini began his unsolicited sexual contact with one of the victims in the fall of 2017. They resigned at the end of that year, following multiple instances of sexual harassment and abuse. His attorney requested a more lenient sentence \u2014 home confinement instead of prison \u2014 in light of the letters of support and Giacomini\u2019s age and health. Paul Yock, a current Stanford Medicine faculty member and the founding director of the Byers Center for Biodesign, wrote in a letter of support that he did \u201cnot have any direct knowledge of the issues leading to [Giacomini\u2019s] recent legal issues.\u201d ( 2/17/25, 12:10 Ex-Med School faculty member sentenced for sexual battery 2/6 Yock concluded the letter by emphasizing his personal and professional admiration of Giacomini and respect for \u201chis deep commitment both to his clinical practice and to the training of young physicians and scientists.\u201d \u200bCurrent Stanford Medicine faculty members Todd J. Brinton and Thomas Rando, as well as former faculty members Maurice Buchbinder and Michael Pham, submitted letters in support of Giacomini. Connor O\u2019Brien, Laura Dodera, William L. Bennett, Judy Baer, Tanta Blodget, Cheryl Leppi and Svetlana Gorbunova were also among the former colleagues who submitted letters in support of Giacomini. Anthony Brass, Giacomini\u2019s attorney, said he was \u201cgrateful for the letters,\u201d adding that \u201cthe letters were speaking to the human side of the doctor, but were not on the subject of guilt and innocence as he had already accepted full responsibility.\u201d The prosecutors wrote in their sentencing memorandum, a partially-redacted copy of which was obtained by The Daily, that \u201csexual abuse is a crime of power. Abusers use their power to intimidate, molest, and silence the victim \u2014 usually in that order.\u201d The memo cites a witness \u201cwho believed that Dr. Giacomini and his supporters retaliated against her professionally after she rebuffed his attempts to pursue a romantic relationship with her.\u201d Referencing the letters of support, the prosecutors wrote that \u201ca cursory review of Dr. Giacomini\u2019s many letters of support conveys his power and prestige within the profession.\u201d According to the prosecutors, \u201cthis power differential between Dr. Giacomini and Victim was an extremely aggravating factor severely undermining any pretense of her consent to his sexual advances.\u201d The letters from his colleagues do not explicitly discuss an appropriate sentence but emphasize their positive view of his character and professional accomplishments. Stanford law professor and survivor advocate Michele Dauber wrote that \u201cit is disturbing and shocking to realize that the victim has read these letters and knows that her fellow physicians stood with the abuser and not with her,\u201d in a statement to The Daily. \u201cHis conviction for his crimes directly contradicts any notion that he was a good mentor,\u201d she wrote. Dauber wrote that Giacomini\u2019s conviction was indicative of widespread issues at the university, pointing to the series ( career-faculty-report-unchecked-sexual-harassment-in-school-of-medicine/) of allegations made by female faculty at the Stanford School of Medicine regarding \u201cunchecked sexual harassment.\u201d ( 2/17/25, 12:10 Ex-Med School faculty member sentenced for sexual battery 3/6 Stanford Medicine has zero tolerance for sexual harassment, Greicius added, and there are \u201crobust policies in place to address these matters.\u201d \u201cIf any of our faculty, staff or students is experiencing or has experienced harassment or discrimination in our community, we want to hear from them,\u201d Greicius wrote. This article has been updated to include comment from Stanford Medicine previous version of this story inaccurately attributed a quote to Michele Dauber. That quote has been removed. The Daily regrets this error. Bryan Steven Monge Serrano '25 is from Flushing, Queens in New York City. At The Daily, he is a Beat Reporter for News, a columnist for Arts and Life, and staff photographer. Outside of the Daily, he is studying Computer Science + Civil Engineering. He also enjoys listening to and taking public transportation. Contact Bryan Steven Monge Serrano at bryan101 \u2018at\u2019 stanford.edu. 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Share Best Newest Oldest 0 0 0 0 2 0 \u00d7 2 Comments \ue603 1 Login Frustrated Faculty \u2212 \u2691 3 years ago >\"Stanford Medicine placed Giacomini on leave in June 2018 when they learned of the complaint, wrote Julie Greicius, a Stanford Healthcare spokesperson, in a statement to The Daily. Giacomini \u201cpermanently left Stanford shortly thereafter, when the investigation resulted in grounds to terminate his contract,\u201d Greicius wrote.\" Shortly thereafter? It was literally 14 months between when he was placed on leave and when he was permanently separated from the university. 0 0 MeredithWheeler \u2212 \u2691 3 years ago This is a strange, rather incomplete report. It would be worth telling readers that Giacomini is currently working as an administrative consultant at Sequoia Hospital in Redwood City. It would be useful to have a photo of the doctor, which is easily available. For a fuller understanding of this case: 0 0 Subscribe Privacy Do Not Sell My Data Share \u203a Share \u203a The Stanford Daily ( News (/category/news) University (/news/university-news/) Academics (/category/news/academics-news/) Campus Life (/category/news/campus-life-news/) Graduate Students (/category/news/graduate-students/) Business & Technology (/category/news/business-and- technology-news/) Data (/category/@94305/) Equity Project (/category/equity-project/) Sports (/category/sports) Fall Sports (/category/sports/fall-sports/) Winter Sports (/category/sports/winter-sports/) Spring Sports (/category/sports/spring-sports/) Arts & Life (/category/arts-life) Screen (/category/arts-life/screen/) Culture (/category/arts-life/culture/) Music (/category/arts-life/music-intermission/) Reads (/category/arts-life/reads/) Opinions (/category/opinions) Columnists (/category/opinions/columnists/) Editorials (/opinions/editorials/) Multimedia (/category/multimedia) Video ( ( 2/17/25, 12:10 Ex-Med School faculty member sentenced for sexual battery 5/6 Letters from the Editor (/letters-to-the-community/) Letters to the Editor (/letters-to-the-editor/) Op-Eds (/category/opinions/op-eds/) Grind (/category/thegrind) Humor (/category/humor/) Podcasts ( si=cZWDWKp2SiOotNh4ZqG0xg&nd=1) Cartoons (/category/cartoons/) Graphics (/category/cartoons/) Tech ( Magazine (/category/magazine/) Archives ( (/category/dei) Resources (/campus-resources) About Us (/about) Masthead (/masthead) Alumni ( Print Paper ( ( ( ( ( ( stanford-daily/mycompany/) ( ( ( ( daily/id1341270063) ( id=com.Stanford.Daily.App) \u00a9 2025 Privacy Policy (/privacy-policy/) Accessibility (/accessibility//) Advertise (/advertise/) Proudly Powered by WordPress Donate (/donate/) and support The Daily when you shop on Amazon ( ( 2/17/25, 12:10 Ex-Med School faculty member sentenced for sexual battery 6/6", "8456_104.pdf": "Former Chief Of Cardiology At Palo Alto Hospital Pleads Guilty To Sexual Battery Of Subordinate Doctor Tuesday, March 8, 2022 For Immediate Release U.S. Attorney's Office, Northern District of California \u2013 Cardiologist John Giacomini pleaded guilty today to one count of felony abusive sexual contact, announced United States Attorney Stephanie M. Hinds; Veterans Affairs Office of Inspector General OIG) Special Agent in Charge Jason Root; and Chief of Police of the Palo Alto Veterans Affairs Police Service Martin Sizemore. The guilty plea was accepted by the Honorable Beth L. Freeman, United States District Judge. Giacomini, 73, of Atherton, had practiced medicine and cardiology for over 30 years and from 1985 until 2018 was the Chief of the Cardiology Section at the Hospital in Palo Alto, Calif. According to the plea agreement, Giacomini acknowledged he occupied a position of significant authority, prestige, and influence within the Healthcare System and at Stanford University, where he had a faculty appointment in the School of Medicine. In addition, Giacomini acknowledged that as the Chief of the Cardiology Section within the VA, he also occupied a position of public trust, with overall responsibility for meeting the needs of the patient population. As a federal employee for well over 30 years, Giacomini was trained throughout his career on the prevention of workplace sexual assault and sexual harassment. He was aware that non- consensual sexual contact between supervisors and subordinates is coercive, unethical, and 2/17/25, 12:10 Northern District of California | Former Chief Of Cardiology At Palo Alto Hospital Pleads Guilty To Sexual Battery Of Subordinat\u2026 1/4 unlawful. He knew that inappropriate touching, unwanted gifts, and unwelcome sexual comments can create a hostile work environment that unreasonably interferes with the victim\u2019s work performance and adversely affects the victim\u2019s employment opportunities. As a supervisor and manager, Giacomini had an obligation to the and to his subordinates to prevent workplace sexual harassment and disclose any harassing behavior of which he became aware. He failed to do this. Instead, beginning in the fall of 2017, Giacomini repeatedly subjected a subordinate doctor to unwanted and unwelcome sexual contact, to include hugging, kissing, and intimate touching while on premises. On November 10, 2017, the victim explicitly told Giacomini she was not interested in a romantic or sexual relationship with him. She also forcibly resisted his repeated attempts to kiss her on the mouth. Nevertheless, Giacomini continued to subject his subordinate to unwanted sexual advances and touching, culminating on December 20, 2017, when Giacomini turned out the lights, pulled the victim out of her chair, released the drawstring on her scrub pants and fondled her breast, buttocks, and vagina until a janitor opened the office door and interrupted the encounter. At some point after the event, the victim resigned from her position at the VA, citing Giacomini\u2019s behavior as her principal reason for leaving federal grand jury indicted Giacomini on March 12, 2020, charging him with one count of abusive sexual contact, in violation of 18 U.S.C. \u00a7 2244(b). Today, Giacomini pleaded guilty to the charge, which is a felony. Judge Freeman scheduled Giacomini\u2019s sentencing for July 12, 2022. Giacomini faces a maximum sentence of two years of imprisonment, a fine of $250,000, restitution, supervised release, and a special assessment. However, any sentence following conviction will be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. \u00a7 3553. Assistant U.S. Attorneys Marissa Harris and Jeffrey Nedrow are prosecuting the case with the assistance of Nina Burney-Williams, Sahib Kaur, and Susan Kreider. The prosecution is the result of an investigation by the U.S. Department of Veterans Affairs Office of the Inspector General and the Veterans Affairs Police Service. Updated March 9, 2022 Component 2/17/25, 12:10 Northern District of California | Former Chief Of Cardiology At Palo Alto Hospital Pleads Guilty To Sexual Battery Of Subordinat\u2026 2/4 - California, Northern Two East Bay Residents, One Of Whom Was Bank Teller, Indicted On Charges Of Cashing Stolen U.S. Treasury Checks federal grand jury has indicted Franchesca Calagui, 25, and Dondre Gray, 27, with conspiracy to commit bank fraud and bank fraud, and also charged Calagui with receipt... February 13, 2025 Humboldt County Woman Charged With Embezzling Over $500,000 From Construction Company Employer federal grand jury has indicted Christina Ann Mobley, also known as Kris Mobley, 58, on charges that she defrauded her former employer, a construction company located... February 10, 2025 Superseding Indictment Charges Chinese National In Relation To Alleged Plan To Steal Proprietary Technology Related Content 2/17/25, 12:10 Northern District of California | Former Chief Of Cardiology At Palo Alto Hospital Pleads Guilty To Sexual Battery Of Subordinat\u2026 3/4 federal grand jury returned a superseding indictment today charging Linwei Ding, also known as Leon Ding, 38, with seven counts of economic espionage and seven counts... February 4, 2025 Northern District of California Main Office: Federal Courthouse 450 Golden Gate Avenue P.O. Box 36055 San Francisco 94102 San Francisco: (415) 436-7200 TTY: (415) 436-7221 Oakland: (510) 637-3680 San Jose: (408) 535-5061 2/17/25, 12:10 Northern District of California | Former Chief Of Cardiology At Palo Alto Hospital Pleads Guilty To Sexual Battery Of Subordinat\u2026 4/4", "8456_105.pdf": "An official website of the United States government Here's how you know Home Former Chief Of Cardiology At Palo Alto Hospital Indicted For Sexual Battery Of Subordinate Doctor Department of Veterans Affairs - California, Northern Thursday, May 14, 2020 Former Chief Of Cardiology At Palo Alto Hospital Indicted For Sexual Battery Of Subordinate Doctor federal grand jury in San Jose indicted Dr. John Giacomini for Abusive Sexual Contact, announced United States Attorney David L. Anderson, Special Agent in Charge James K. Wahleithner of the U.S. Department of Veterans Affairs\u2019 Office of Inspector General, Criminal Investigations Division OIG\u201d), and Chief of Police Martin Sizemore of the Veterans Affairs Police Service, Palo Alto Health Care Division. According to the indictment, Giacomini, 71, of Atherton, is alleged to have subjected the victim, a subordinate doctor under Giacomini\u2019s supervision, to unwanted and nonconsensual sexual contact in December of 2017 while both were on duty at the Veterans Affairs Hospital in Palo Alto, Calif. At the time, Giacomini was the Chief of the Palo Alto VA\u2019s Cardiology Department. He had served in this position for over 30 years and also served on the medical faculty at Stanford University. Since the alleged sexual battery happened on federal property, the referred the matter to the U.S. Attorney\u2019s Office for federal prosecution. Giacomini no longer works at the Palo Alto Hospital or Stanford University. Giacomini made his initial appearance by telephone on May 14, 2020. Giacomini is currently released on a $200,000 bond under the supervision of the United States Pretrial Services Office in San Jose. Giacomini\u2019s next court appearance is scheduled for July 7, 2020, for a status conference before the Hon. Beth L. Freeman, United States District Judge. An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, Giacomini faces a maximum sentence of two years of imprisonment, a fine of $250,000, restitution, supervised release, and a special assessment. However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. \u00a7 3553. 2/17/25, 12:10 Former Chief Of Cardiology At Palo Alto Hospital Indicted For Sexual Battery Of Subordinate Doctor | Oversight.gov 1/2 Return to top Assistant U.S. Attorneys Jeffrey Nedrow and Marissa Harris are prosecuting the case with the assistance of Jessica Leung and Susan Kreider. The prosecution is the result of an investigation by the and the Veterans Affairs Police Service. Source Sign up for news and updates. Subscribe This is the official website of the Council of the Inspectors General on Integrity and Efficiency (CIGIE). Explore Contact Us About Budget & Performance Legal Privacy Policy Accessibility No Act 2/17/25, 12:10 Former Chief Of Cardiology At Palo Alto Hospital Indicted For Sexual Battery Of Subordinate Doctor | Oversight.gov 2/2", "8456_106.pdf": "Former Chief Of Cardiology At Palo Alto Va Hospital Sentenced To Prison For Sexual Battery Of Subordinate Doctor Tuesday, July 12, 2022 For Immediate Release U.S. Attorney's Office, Northern District of California \u2013 Cardiologist John Giacomini was sentenced today to eight months in prison in connection with his conviction for felony abusive sexual contact, announced United States Attorney Stephanie M. Hinds; Veterans Affairs Office of Inspector General OIG) Special Agent in Charge Jason Root; and Chief of Police of the Veterans Affairs Police Service Martin Sizemore. The sentence was handed down by the Honorable Beth L. Freeman, United States District Judge. Giacomini, 73, of Atherton, pleaded guilty to the charge on March 2, 2022. Giacomini practiced medicine and cardiology for over 30 years and from 1985 until 2018 he was the Chief of the Cardiology Section at the Hospital in Palo Alto, Calif. According to his plea agreement, Giacomini admitted that beginning in the fall of 2017, he repeatedly subjected a subordinate doctor to unwanted and unwelcome sexual contact, to include hugging, kissing, and intimate touching while on premises. On November 10, 2017, the victim told Giacomini she was not interested in a romantic or sexual relationship with him. She also forcibly resisted his repeated attempts to kiss her on the mouth. Nevertheless, Giacomini continued to subject his subordinate to unwanted sexual advances and touching, culminating on December 20, 2017, when Giacomini aggressively groped her breasts, buttocks, and vagina during a meeting in her 2/17/25, 12:10 Northern District of California | Former Chief Of Cardiology At Palo Alto Va Hospital Sentenced To Prison For Sexual Battery Of Su\u2026 1/4 office. The victim later resigned from her position at the VA, citing Giacomini\u2019s behavior as her principal reason for leaving. At today\u2019s sentencing, the victim spoke about the harm she suffered from Giacomini\u2019s sexual harassment and abuse felt overwhelming disappointment that my chief and former mentor who trusted would abuse his position like that. During that period at the felt a myriad of emotions, from fear to helplessness to disgust to anger and finally sadness.\u201d She also testified regarding her desire to prevent other female doctors from suffering her fate. \u201cThe primary reason reported these events was to help prevent this from happening to anyone else again, especially women fellows in the field of cardiology.\u201d During the sentencing hearing, Judge Freeman cited the egregiousness of Giacomini\u2019s conduct, the victim\u2019s courage in coming forward, and the pervasiveness of workplace sexual assault as compelling factors justifying imposition of a prison sentence as opposed to a lesser sentence of probation or home detention. \"For those willing and able to share their stories of abuse, the Office of the U.S. Attorney is here to listen,\" said U.S. Attorney Hinds. \"And where the law and evidence permit, we will act. Dedicated public servants are the government's most precious resource. It is our obligation, and our honor, to protect them from harassment and abuse in their federal workplaces and to seek justice on their behalf federal grand jury indicted Giacomini on March 12, 2020, charging him with one count of abusive sexual contact, in violation of 18 U.S.C. \u00a7 2244(b). Three days before his trial was set to begin, Giacomini pleaded guilty to the felony charge. In addition to the prison term, Judge Freeman also ordered Giacomini to serve one year of supervised release, pay a fine of $15,000, and pay mandatory special assessment fees. Assistant U.S. Attorneys Marissa Harris and Jeffrey Nedrow are prosecuting the case with the assistance of Nina Burney-Williams, Sahib Kaur, and Susan Kreider. The prosecution is the result of an investigation by the U.S. Department of Veterans Affairs Office of the Inspector General and the Veterans Affairs Police Service. Updated July 13, 2022 Component - California, Northern 2/17/25, 12:10 Northern District of California | Former Chief Of Cardiology At Palo Alto Va Hospital Sentenced To Prison For Sexual Battery Of Su\u2026 2/4 Two East Bay Residents, One Of Whom Was Bank Teller, Indicted On Charges Of Cashing Stolen U.S. Treasury Checks federal grand jury has indicted Franchesca Calagui, 25, and Dondre Gray, 27, with conspiracy to commit bank fraud and bank fraud, and also charged Calagui with receipt... February 13, 2025 Humboldt County Woman Charged With Embezzling Over $500,000 From Construction Company Employer federal grand jury has indicted Christina Ann Mobley, also known as Kris Mobley, 58, on charges that she defrauded her former employer, a construction company located... February 10, 2025 Superseding Indictment Charges Chinese National In Relation To Alleged Plan To Steal Proprietary Technology federal grand jury returned a superseding indictment today charging Linwei Ding, also known as Leon Ding, 38, with seven counts of economic espionage and seven Related Content 2/17/25, 12:10 Northern District of California | Former Chief Of Cardiology At Palo Alto Va Hospital Sentenced To Prison For Sexual Battery Of Su\u2026 3/4 counts... February 4, 2025 Northern District of California Main Office: Federal Courthouse 450 Golden Gate Avenue P.O. Box 36055 San Francisco 94102 San Francisco: (415) 436-7200 TTY: (415) 436-7221 Oakland: (510) 637-3680 San Jose: (408) 535-5061 2/17/25, 12:10 Northern District of California | Former Chief Of Cardiology At Palo Alto Va Hospital Sentenced To Prison For Sexual Battery Of Su\u2026 4/4", "8456_107.pdf": "Former veterans hospital cardiology chief sentenced to 8 months for sex abuse John Giacomini, former chief cardiologist at a U.S. veterans hospital in Palo Alto, Calif., was sentenced to eight months in prison July 12 after being convicted of felony abusive sexual contact. Mr. Giacomini pleaded guilty to the sexual battery of a female physician under his supervision in March. He was head of cardiology at the Department of Veterans Affairs hospital from 1985 to 2018 and taught at Stanford Medical School until 2018. He left both positions after being indicted by a federal grand jury. Subscribe to the following topics: cardiologyheart center Latest articles on Cardiology: The strategy that propelled Northwestern's heart institute to a top program Using before open heart surgery eases anxiety: Mayo Clinic Health + Hospitals/Elmhurst opens women's heart clinic months-for-sex-abuse.html 2/17/25, 12:11 Former veterans hospital cardiology chief sentenced to 8 months for sex abuse about:blank 1/1", "8456_108.pdf": "Former Palo Alto Cardiology Chief Dr. John Giacomini Indicted For Alleged Sexual Battery Against Subordinate May 14, 2020 / 5:42 San Francisco SF) -- Federal authorities have indicted Dr. John Giacomini, former Chief of Cardiology at the Palo Alto Veterans Affairs Hospital, for alleged sexual battery against a female subordinate doctor at the hospital federal grand jury in San Jose indicted Giacomini, 71, for abusive sexual contact with the unidentified woman while both were on duty at the Palo Alto Daily 24 x 7 News Weather Sports Video 51\u00b0 Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/17/25, 12:11 Former Palo Alto Cardiology Chief Dr. John Giacomini Indicted For Alleged Sexual Battery Against Subordinate San Fra\u2026 1/4 hospital in December of 2017. The Atherton resident was accused of subjecting the victim to unwanted and nonconsensual sexual contact while he was the head of the hospital's cardiology department, a position he held for more than 30 years. Giacomini also served on the medical faculty at Stanford University. Since the alleged sexual battery happened on federal property, the Office of Inspector General referred the matter to the U.S. Attorney's Office for federal prosecution. Giacomini no longer works at the Palo Alto Hospital or Stanford University. The Palo Alto Daily Post reported a memo about the investigation into Giacomini said he engaged in \"a prohibited relationship with a subordinate\" and created an \"intimidating, hostile and offensive work environment.\" According to the Daily Post, the memo said the victim reported that Giacomini began giving her hugs when leaving her office during the fall of 2017, which then expanded to rubbing her back and kissing her neck, even as she told him that she did not want a relationship with him. Over the next few months, the memo said Giacomini allegedly became more aggressive and began touching her breasts and buttocks and hugging her in a position such that her hands would be held against genitals, according to the Daily Post. Giacomini described their interactions as being consensual, according to the memo. Giacomini made his initial appearance by telephone on Thursday and was on a $200,000 bond, federal prosecutors said. His next court appearance is scheduled for July 7. Giacomini faces a maximum sentence of two years in prison, a fine of $250,000, restitution, supervised release, and a special assessment. Any sentence following conviction would be imposed after consideration of federal sentencing guidelines, prosecutors said. More from News Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/17/25, 12:11 Former Palo Alto Cardiology Chief Dr. John Giacomini Indicted For Alleged Sexual Battery Against Subordinate San Fra\u2026 2/4 \u00a92025 Broadcasting Inc. All Rights Reserved. Terms of Use Privacy Policy Cookie Details Contact News Sports Weather Program Guide Sitemap About Us Advertise Television Jobs Public File for / CBS5 Public File for / KPIX+ Public Inspection File Help Applications Report \u00a9 2020 Broadcasting Inc. All Rights Reserved. In: Sexual Harassment Palo Alto Stanford San Francisco fire crews search for person in water near Pier 32, 1 rescued San Jose teacher, coach arrested for alleged sexual relationship with student Alameda County Sheriff seeks help locating missing San Leandro woman 2-alarm Oakland fire damages warehouse Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/17/25, 12:11 Former Palo Alto Cardiology Chief Dr. John Giacomini Indicted For Alleged Sexual Battery Against Subordinate San Fra\u2026 3/4 Watch News 2/17/25, 12:11 Former Palo Alto Cardiology Chief Dr. John Giacomini Indicted For Alleged Sexual Battery Against Subordinate San Fra\u2026 4/4"} |
7,456 | James Stuckey | New York University | [
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The schools says Bonadio still has her job, but Stuckey, who no longer works for the institution, has had problems like this before. 2/17/25, 12:11 Is Battling a Sexual-Harassment Scandal 2/9 Sources According to the lawsuit, Bonadio reported the incident only to find that her position \u201cno longer existed and there was no specific job at into which she could be placed spokesman John Beckman disputes this: \u201cThe allegation that the university would punish someone for reporting sexual harassment is entirely false,\u201d he said. \u201cShe continues to have a job and we have urged her to return to work.\u201d Stuckey, on the other hand, does not have a job at the university. Soon after the alleged incident, he resigned from citing \u201chealth reasons.\u201d He also quit working for the Bloomberg administration\u2019s Public Design Commission around the same time. Four years prior, Stuckey ditched the Atlantic Yards development firm Forest City Ratner Cos. after he allegedly \u201ctook all of his subordinates to a club and then called a number of women employees into a private room, where he had them sit on his lap as though he were Santa Claus source told the New York Post, \u201cThere\u2019s a pattern of this behavior. He\u2019s a very competent guy, technically speaking. 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Maybe in the White House, Maybe Not! By For months, Mrs. Trump signaled that she would be a full-time First Lady. She hasn\u2019t been seen publicly in three weeks. 2/13/2025 Fetterman Suggests Trump\u2019s Power Grabs No Worse Than Biden\u2019s By The eccentric Pennsylvania Democrat is ignoring the revolutionary intentions of Team Trump in a search for false equivalence. 2/13/2025 Trump Cabinet Confirmation Hearings: Schedule & How to Watch By The Senate has approved Trump\u2019s most controversial picks, including Tulsi Gabbard and Jr. Here\u2019s the full list and hearings schedule. 2/13/2025 Is a Big Asteroid Going to Hit Earth in 2032? By The is now on the case, but don\u2019t set up those evacuation plans just yet. 2/13/2025 McConnell Finally Defies Trump, Now That He\u2019s Irrelevant By 2/17/25, 12:11 Is Battling a Sexual-Harassment Scandal 7/9 The former Senate majority leader voted against three Trump Cabinet picks, Pete Hegseth, Tulsi Gabbard, and Jr. It\u2019s too little, too late. 2/13/2025 Jr.\u2019s Extremely Improbable Rise to Secretary By Last year, Trump called Kennedy the most \u201cradical left\u201d presidential candidate. Now he\u2019s been confirmed to his Cabinet. 2/13/2025 What We Know About Bondi\u2019s Lawsuit Against New York By The Justice Department alleges that a state law that allows noncitizens to obtain driver\u2019s licenses is unconstitutional. 2/13/2025 The Look Book Goes to a Squash Competition By Top-ranked players from around the world warmed up for their matches in the J.P. Morgan Tournament of Champions at Grand Central. 2/13/2025 What Anti-Musk Democrats Can Learn From Steve Bannon By Bannon\u2019s attacks on the world\u2019s richest person are both effective and politically potent. 2/17/25, 12:11 Is Battling a Sexual-Harassment Scandal 8/9 . \u00a9 2 0 2 5 . 2/17/25, 12:11 Is Battling a Sexual-Harassment Scandal 9/9", "7456_102.pdf": "From Casetext: Smarter Legal Research Stuckey v. National Union Fire Insurance United States District Court, S.D. New York. Sep 15, 2015 131 F. Supp. 3d 73 (S.D.N.Y. 2015) Copy Citations Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free No. 15 Civ. 6639(CM). 09-15-2015 James STUCKEY, Plaintiff, v PITTSBURGH, PA, Defendant. Florence Marie Beauboeuf, John Kolsin Crossman, Zukerman Gore, Brandeis & Crossman, LLP, New York, NY, for Plaintiff. Alexander Seton Lorenzo, Joseph Gerard Tully, Alston & Bird, LLP, New York, NY, for Defendant. Sign In Search all cases and statutes... Opinion Summaries Case details 2/17/25, 12:12 Stuckey v. National Union Fire Insurance, 131 F. Supp. 3d 73 | Casetext Search + Citator 1/24 McMAHON, District Judge *75 75 Florence Marie Beauboeuf, John Kolsin Crossman, Zukerman Gore, Brandeis & Crossman, LLP, New York, NY, for Plaintiff.*76 Alexander Seton Lorenzo, Joseph Gerard Tully, Alston & Bird, LLP, New York, NY, for Defendant. 76 McMAHON, District Judge: This action arises from an insurance company's alleged failure to (1) advance defense costs to an insured for claims covered under the policy, and (2) authorize comprehensive settlement among the insureds and the plaintiff in litigation giving rise to the covered claim. Now before the court is Plaintiff James Stuckey's motion for a preliminary injunction enjoining Defendant National Union Fire Insurance Company of Pittsburgh, Pa. (\"National Union\") to (1) reimburse his past defense costs and advance ongoing defense costs, and (2) authorize and indemnify settlement between Stuckey and the plaintiff in the underlying litigation. Plaintiff also asks the court to consolidate the preliminary injunction hearing with a trial on the merits From 2009 to September 2011, Plaintiff James Stuckey was the Dean of the Shack Institute of Real Estate at New York University (\"NYU\"). (Compl., \u00b6 11.) On the night of September 23, 2011, Plaintiff allegedly sexually harassed one of his subordinates. (Id. ) Plaintiff left his employment at a week later. (Id. ) In January 2012, Plaintiff's subordinate brought claims in state court against both Plaintiff\u2014for sexual harassment and assault and battery\u2014and (\"the Underlying Action\"). (Id. ) 2/17/25, 12:12 Stuckey v. National Union Fire Insurance, 131 F. Supp. 3d 73 | Casetext Search + Citator 2/24 At the time of both the alleged incident and the initiation of the Underlying Action maintained a Manuscript Individual and Organization Insurance Policy, policy number 02\u2013250\u201355\u201341 (the \"Policy\"), issued by National Union. (Id. at \u00b6 17.) In March 2012, pursuant to the Policy tendered notice of the claim to National Union. (Id. at \u00b6 12.) Neither nor National Union told Plaintiff about the existence of the Policy or the fact that he might be covered by it. (Id. ) However, National Union responded to with a preliminary analysis, which stated, inter alia, that \"coverage is potentially afforded to New York University and James Stuckey subject to our continuing analysis and reservations contained herein.\" (Compl., Ex. A.) One of the aforementioned reservations stated that Plaintiff was not covered under the Policy for the assault and battery claim, because Policy Exclusion 4(h) excludes coverage for claims: alleging, arising out of, based upon or attributable to in any way directly or indirectly, bodily injury, sickness, disease, or death of any person, or damage to or destruction of any tangible property, including the loss of use thereof .... (Compl., Ex. A; Compl., Ex. F, Policy \u00a7 4(h).) The Exclusion does, however, carve out an exception for the other claim\u2014the sexual harassment claim\u2014 against Plaintiff: this exclusion shall not apply to that portion of a Claim which constitutes: (i) An Employment Practices Claim. (Id. ) The Policy defines an \"Employment Practices Claim\" as one that alleges an \"Employment Practices Violation.\" Policy \u00a7 2(f). An \"Employment Practices Violation\" includes alleged or actual \"harassment (including sexual harassment whether \u2018quid pro quo\u2019, hostile work environment or otherwise.)\" (Compl., Ex. F, Policy \u00a7 2(g)(2).) 2/17/25, 12:12 Stuckey v. National Union Fire Insurance, 131 F. Supp. 3d 73 | Casetext Search + Citator 3/24 National Union also stated, in the initial letter to NYU, that Endorsement # 5 *77 might be applicable. (Compl., Ex. A.) That endorsement excludes coverage if there is a final adjudication of intentional discrimination. (Compl., Ex. F, Policy, Endorsement # 5.) 77 Because Plaintiff was not aware of the Policy or the possibility that he might be covered under it, he retained his own defense counsel and paid the cost of litigation out of his own pocket. (Compl., \u00b6 14.) Then, after more than three years of litigation\u2014during which Plaintiff had paid hundreds of thousands of dollars in attorneys' fees\u2014his lawyer received an email from National Union on April 24, 2015. (Id. at \u00b6 15.) It read, in full: John\u2014on behalf of the insurance carrier have been assigned to handle the claim brought by Stephanie Bonadio against your client James Stuckey. Please provide me with a current status update for the case including any upcoming dates. Please also let me know what defense costs to date are (billed and unbilled) and have copies of your firm's invoices forwarded to me. Thank you. Mike (Compl., Ex. A.) The written record does not reveal why National Union did not advise Plaintiff about the existence of the policy for over three years of litigation. At oral argument, National Union indicated that it believed intended to indemnify Plaintiff for defense costs within its $500,000 retention (see below, page 5). By the same token, Plaintiff's counsel had no good reason for failing to explore the possibility that his client was insured. A. The Policy The Policy provides coverage for both and \"Individual Insured(s),\" which it defines as \"a past, present or future duly elected or appointed director, officer, trustee, trustee emeritus, executive director, department head, committee member (of a duly constituted committee of the Organization), staff or faculty member (salaried or non-salaried), Employee or volunteer of the Organization.\" (Compl., Ex. F, Policy \u00a7 2(i) (emphases 2/17/25, 12:12 Stuckey v. National Union Fire Insurance, 131 F. Supp. 3d 73 | Casetext Search + Citator 4/24 added).) There is no dispute that Plaintiff qualifies as an Individual Insured under the Policy. Coverage of the Policy, titled \"Individual Insured Insurance,\" provides that: This policy shall pay on behalf of each and every Individual Insured Loss arising from a Claim first made against such Individual Insured during the Policy Period or the Discovery Period (if applicable) and reported to the Insurer pursuant to the terms of this policy for any actual or alleged Wrongful Act in his/her respective capacities as an Individual Insured of the Organization, except w hen and to the extent that the Organization has indemnified the Individual Insured. The Insurer shall, in accordance with and subject to Clause 8, advance Defense Costs of such Claim prior to its final disposition. (Compl., Ex. F, Policy \u00a7 1 (emphasis added).) Coverage of the Policy, titled \"Organization Indemnification Reimbursement Insurance,\" provides that: This policy shall pay on the behalf of the Organization Loss arising from a Claim first made against an Individual Insured during the Policy Period or the Discovery Period (if applicable) and reported to the Insurer pursuant to the terms of this policy for any actual or alleged Wrongful Act in his/her respective capacities as an Individual Insured of the Organization, but only w hen and to the extent that the Organization has indemnified such Individual Insured for such Loss pursuant to law, common or statutory, or contract, or the Charter or By-laws of the Organization duly effective *78 78 under such Law which determines and defines such rights of indemnity. The Insurer shall, in accordance with and subject to Clause 8, advance Defense Costs of such Claim prior to its final disposition. (Policy \u00a7 1 (emphasis added).) 2/17/25, 12:12 Stuckey v. National Union Fire Insurance, 131 F. Supp. 3d 73 | Casetext Search + Citator 5/24 has not indemnified Plaintiff for any of the costs he has incurred defending the Underlying Action. (Compl., \u00b6 18.) When Plaintiff inquired about indemnification told him that \"any potential indemnification of Mr. Stuckey is not ripe at this time since questions of indemnification are routinely, and appropriately, determinable upon conclusion of an action.\" (Compl., Ex. T.) It remains unclear whether will indemnify Stuckey\u2014 which may affect his coverage under the Policy. The Policy defines \"Claim\" and \"Loss\" broadly. It defines a \"Claim\" to include, among others things, \"a civil ... proceeding for monetary or non- monetary relief which is commenced by: (i) service of a complaint or similar pleading.\" (Compl., Ex. F, Policy \u00a7 2(b)(2)(i).) It defines \"Loss\" to include \"damages, (including back pay and front pay), judgments, settlements, pre- and post-judgment interest, the multiple or liquidated damages awards under the Age Discrimination in Employment Act and the Equal Pay Act and Defense Costs,\" and excluding certain categories not relevant here. (Compl., Ex. F, Policy \u00a7 2(k).) Although National Union does not have a duty to defend the insured, the Policy provides that it \"shall advance Defense Costs (excess of the Retention amount) of such Claim prior to its final disposition.\" (Compl., Ex. F, Policy \u00a7 1.) It further provides that \"when the Insurer has not assumed the defense of the Claim pursuant to Clause 8, the Insurer shall advance nevertheless, at the written request of the Insured, Defense Costs prior to the final disposition of a Claim.\" (Compl., Ex. F, Policy \u00a7 8.) \"Defense Costs\" are in turn defined as \"reasonable and necessary fees, costs and expenses consented to by the Insurer ... resulting solely from the investigation, adjustment, defense and appeal of a Claim against the Insureds, but excluding salaries of Individual Insureds.\" (Compl., Ex. F, Policy \u00a7 2(d).) The Policy's \"Retention Clause\"\u2014which is referenced in the Policy's description of Defense Costs\u2014states that: The Insurer shall only be liable for the amount of Loss arising from a Claim which is in excess of the Retention amount stated in Item 5(B) of the Declarations, such Retention amount to be borne by the Organization and shall remain uninsured, with regard to all Loss for 2/17/25, 12:12 Stuckey v. National Union Fire Insurance, 131 F. Supp. 3d 73 | Casetext Search + Citator 6/24 which the Organization has indemnified or is permitted or required to indemnify the Individual Insureds (\"Indemnifiable Loss\") and Loss under Coverage single retention amount shall apply to Loss arising from all Claims alleging the same Wrongful Conduct or Related Wrongful Acts. (Policy \u00a7 6.) The Policy declaration lists the relevant retention amount as $500,000. (Policy Declarations, Item 5.) By its terms, the Retention Clause applies to Loss suffers when indemnifying individual insureds under Coverage B, above, or incurs under Coverage (which is irrelevant to this litigation); it does not apply to Loss, including Defense Costs, incurred by Individual Insureds. Finally, the Policy outlines the responsibilities and obligations of the parties with respect to settlement. The Policy provides that the \"Insured shall not admit or assume any liability or incur any Defense Costs without the prior written consent of the Insurer.\" (Compl., Ex. F, Policy \u00a7 8.) It further provides that, \"in all events the Insurer may withhold consent to any settlement, stipulated judgement or Defense Costs, or any portion thereof, to the extent *79 such Loss is not covered under the terms of this policy.\" (Id. ) And National Union is permitted to \"effectively associate with the insureds in the defense of any Claim ... including but not limited to negotiating a settlement.\" (Id. ) 79 B. Correspondence In early May, the parties engaged in a series of preliminary discussions. On May 4, 2015, Plaintiff's counsel responded to Mr. Hayward's April 24 email and requested a copy of the Policy, which he had not seen before. (Compl., Ex. B.) On May 7, Plaintiff's counsel also provided the invoices that Mr. Hayward requested, which detailed the costs incurred in Plaintiff's defense of the Underlying Action. (Compl., \u00b6 33.) On May 12, Mr. Hayward informed Plaintiff's counsel that the invoices would be reviewed by National Union. (Compl., Ex. H.) The subsequent correspondence between Plaintiff's counsel and Mr. Hayward related to two main issues: (1) payment for defense costs under the 2/17/25, 12:12 Stuckey v. National Union Fire Insurance, 131 F. Supp. 3d 73 | Casetext Search + Citator 7/24 Policy, and (2) authorization to engage in settlement negotiations\u2014 primarily for NYU, but also for Plaintiff. 1. Defense Costs After the initial correspondence, Plaintiff's counsel and Mr. Hayward discussed which type of coverage applied to Plaintiff's claims, and whether that coverage required any type of retention amount or deduction that Plaintiff would have to front before being reimbursed by National Union. Plaintiff argued that he was covered under Coverage A, which applies when the Organization (here, NYU) has not indemnified the employee. Despite the fact that had not indemnified Plaintiff, Mr. Hayward expressed his belief that Coverage B, which applies when does indemnify the employee, was the operative provision. (See, e.g., Compl., Ex. K.) Plaintiff told Mr. Hayward multiple times that, despite Plaintiff's request, \"New York University has refused to indemnify Mr. Stuckey for this claim.\" (See, e.g., Compl., Ex. R.) The matter is critical, because Coverage contains a \"self- insured retention\" requiring the insured's expenditure of hundreds of thousands of dollars before National Union's monetary obligations kick in; the provision functions much like a deductible for health insurance. Plaintiff's counsel tried in vain to decipher the analysis that led National Union to its stance on the coverage and retention questions; the company simply stopped responding to inquiries on the issue. (See, e.g., Compl., Ex. P.) On June 16, 2015, Mr. Hayward provided the results of National Union's invoice review. (Compl., Ex. J.) In that review, National Union disputed several categories of fees submitted by Plaintiff's counsel. In particular, it contended that the following fees were disallowed and would not be reimbursed, for the reasons listed: Description Amount Rate Variance Above $300/$300/$125$133,408.82 Pre\u2013Tender Billing $34,784.13 2/17/25, 12:12 Stuckey v. National Union Fire Insurance, 131 F. Supp. 3d 73 | Casetext Search + Citator 8/24 *80 (Id. ) Administrative $3,043.50 Block Billing $15,524.20 Duplication of effort $975.00 Excessive $582.50 Non-billable $4,195.00 Paralegal level activity $2,020.00 Redacted $540.00 Vague Description $10,557.00 Expenses: Non-billable $11,932.59 Expenses: Unsupported $7,484.60 80 National Union declared that the remainder\u2014$201,635.32\u2014was \"undisputed.\" (Id. ) But, at the time of the invoice review, National Union took the position that Plaintiff was an indemnified person within the meaning of Coverage B, and so was not entitled to immediate reimbursement of defense costs. (Compl., Ex. Q.) It took the filing of the present action to force National Union to pay Plaintiff this \"undisputed\" amount. The payment confirmation included with Defendant's opposition brief is dated September 3, 2015\u2014the day before National Union filed its brief. (See Declaration of Alexander S. Lorenzo In Support Of Defendant's Memorandum of Law in Opposition to Plaintiff's Motion for Preliminary Injunction, Ex (Docket # 12).) National Union (1) has now reimbursed Plaintiff for a portion of what he has expended in defense costs, (2) does not dispute Plaintiff's right to advancement of reasonable defense costs, and (3) represents that it will continue to advance reasonable defense costs going forward. (See Defendant's Memorandum of Law in Opposition to Plaintiff's Motion for Preliminary Injunction at 6 (Docket # 11).). This court understands, from 2/17/25, 12:12 Stuckey v. National Union Fire Insurance, 131 F. Supp. 3d 73 | Casetext Search + Citator 9/24 National Union's brief, that it now believes Plaintiff is entitled to reimbursement under Coverage and that Plaintiff is not required to expend any of his personal money before being entitled to advancement of defense costs. The dispute that remains over defense costs is not whether they must be reimbursed, but whether the amounts for which Plaintiff seeks reimbursement are \"reasonable.\" Of particular moment is whether National Union's maximum billing rate is \"reasonable\" in these circumstances, where Plaintiff was unaware of his coverage when he retained counsel. The parties' correspondence does not shed much light on that dispute. On May 12, before National Union's billing review was completed, Plaintiff's counsel asked Mr. Hayward for the source of the billing rates Mr. Hayward referred to as the maximum allowed under the Policy. (Compl., Ex. K.) Mr. Hayward responded the next day, stating that the Exception Firm Approval Form\u2014which insureds must submit to National Union (assuming they know of the Policy)\u2014lists the maximum rates. (Id. ) Of course, Plaintiff did not know about the Policy, so he never submitted an Exception Firm Approval Form before retaining counsel. Mr. Hayward also referenced the Policy section on Defense Costs that obligates National Union to advance \"reasonable and necessary\" fees. He concluded that, \"Up to $300.00 per hour for attorney time and up to $125.00 per hour for paralegal time is what the insurer considers to be reasonable.\" (Id. ) Plaintiff's counsel continued to press Mr. Hayward. He asked whether it was National Union's position that the insurer is permitted to determine on its own what constitutes \"reasonable\" fees and why the Exception Firm Approval Form\u2014which permits an insured to select counsel not identified by National Union as \"panel counsel\"\u2014applied to the type of claim arising from the Underlying Action. (Plaintiff's Exhibit 7.) Mr. Hayward replied that he would answer later in more detail (though the record contains no answer to those questions), but added that \"[i]n the interim would recommend that your client retain for his defense going forward *81 one of the 30 below New York panel counsel law firms so that the insurer can reimburse 100% of the hourly rates billed.\" (Id. ) Plaintiff's counsel objected that it was \"far too late for the insurance carrier to suggest that Mr. Stuckey hire a different law 81 2/17/25, 12:12 Stuckey v. National Union Fire Insurance, 131 F. Supp. 3d 73 | Casetext Search + Citator 10/24 firm, given that we have been representing him for over two years in intensive litigation of this case, and this is the first time you have ever suggested that he should hire some other law firm.\" (Id. ) Plaintiff's counsel never agreed that National Union's hourly maximums set the ceiling on \"reasonable\" fees, especially as Plaintiff was unaware of the Policy and its limits when he hired counsel. Nonetheless, on multiple occasions, Plaintiff's counsel demanded that National Union at least pay the amount it determined to be \"undisputed.\" (E.g., Compl., Ex. M.) As noted above, National Union has now done so. 2. Settlement Authority Plaintiff also sought Mr. Hayward's assistance in settling the case. Mr. Hayward first broached the topic in May 2015, when he wrote to Plaintiff's counsel: Would it be possible to schedule the case for mediation, attempt to settle for a reasonable amount, and then that way the insurer can make payments, resolving the outstanding indemnification, etc. issues? (Compl., Ex. S.) Plaintiff's counsel informed Mr. Hayward that the plaintiff in the Underlying Action would not engage in settlement discussions without present, and that was asserting that it could not come to the table because National Union failed to authorize any settlement. (Id. ) Mr. Hayward asked if they could \"mediate just the claims against Mr. Stuckey without or attempt informal settlement negotiation to resolve the claims against Mr. Stuckey?\" (Id. ) He also asked what Plaintiff's counsel believed \"a fair and reasonable settlement value is with respect to the claims against Mr. Stuckey[.]\" (Id. ) Plaintiff's counsel said he would respond more fully later, but he implored Mr. Hayward to intercede with National Union to facilitate a comprehensive settlement with few days later, Mr. Hayward replied, I'm only handling the claims against Mr. Stuckey. If defense counsel reaches out to the insurance contact for the claims against I'd be very surprised if they opposed pursing mediation. Maybe defense 2/17/25, 12:12 Stuckey v. National Union Fire Insurance, 131 F. Supp. 3d 73 | Casetext Search + Citator 11/24 counsel for can follow-up on that and we can try to get a mediation scheduled for early July. (Id. ) On June 15, 2015, Plaintiff's counsel provided his estimate of a reasonable settlement amount, and told Mr. Hayward he believed that \"National Union's ongoing refusal to permit and facilitate a mediation including has materially harmed the prospects for settlement of this case.\" (Compl., Ex. I.) Plaintiff's counsel continued to ask Mr. Hayward\u2014as an employee of National Union, who could presumably escalate the issue or speak with his colleague handling the claim\u2014to foster the kind of global settlement discussions that the plaintiff in the Underlying Action demanded (Id. ) He received no response. At the end of June, Plaintiff's counsel forwarded to Mr. Hayward an adverse appellate decision in the Underlying Action that allowed the plaintiff to expand discovery. He \"implore[d] [Mr. Hayward] to get National Union to stop wasting time and help the parties settle the case.\" (Compl., Ex. N.) The record contains no response. Finally, Plaintiff's counsel sent Mr. Hayward two letters in August before filing suit. In the first letter, he restated his demand that Mr. Hayward \"intercede to stop National Union's policy of not authorizing to make any settlement offer whatsoever.\" (Compl., Ex. P.) He also informed Mr. Hayward about a settlement *82 demand the plaintiff in the Underlying Action made that day; he told Mr. Hayward that Plaintiff needed to respond, but that \"National Union's continued failure to uphold its obligations is impeding efforts to settle the case.\" (Id. ) Mr. Hayward replied the next day. He repeated that he was \"only handling the claims brought against Mr. Stuckey and ha[d] no involvement with the claims brought against NYU.\" (Compl., Ex. Q.) He asked for any correspondence in which the plaintiff made her settlement demand, and added: 82 Your 8/4/15 letter requests authority to [redacted]. As such, it appears that you believe the fair and reasonable settlement value of the claims against Mr. Stuckey [redacted]. Please provide a case assessment in the form attached as Appendix so that the 2/17/25, 12:12 Stuckey v. National Union Fire Insurance, 131 F. Supp. 3d 73 | Casetext Search + Citator 12/24 insurance carrier can evaluate your request for settlement authority. (Id. ) On August 10, Plaintiff's counsel replied to Mr. Hayward's email. (Compl., Ex. R.) He said that \"National Union has breached its policy obligations by failing to permit to make a settlement demand.\" (Id. ) Plaintiff's counsel also provided the case assessment Mr. Hayward asked for and requested that National Union respond to the settlement request by August 14. There is no response in the record Plaintiff commenced this action on August 21, 2015, seeking a preliminary injunction that would (1) force National Union to reimburse his past defense costs and pay those costs going forward, and (2) force National Union to start settlement talks with the plaintiff in the Underlying Action on behalf of all defendants, or allow Plaintiff to engage in settlement talks on his own. I. Legal Standard preliminary injunction is an extraordinary and drastic remedy, one that should not be granted unless the defendant by a clear showing, carries the burden of persuasion.\" Sussman v. Crawford, 488 F.3d 136, 139 (2d Cir.2007) (emphasis in original). \"To justify a preliminary injunction, [the movant] must show (i) likelihood of success on the merits; (ii) irreparable harm; (iii) that the balance of the hardships decidedly tip in [the movant's] favor; and (iv) that the public interest would not be disserved by granting the injunction.\" Lawsky v. Condor Capital Corp., 2015 4470332, at *5 (S.D.N.Y. July 21, 2015 showing of irreparable harm is the single most important prerequisite for the issuance of a preliminary injunction.\" Faiveley Transp. Malmo v. Wabtec Corp., 559 F.3d 110, 118 (2d Cir.2009) (quotation marks and citations omitted). To adequately meet the irreparable harm requirement: 2/17/25, 12:12 Stuckey v. National Union Fire Insurance, 131 F. Supp. 3d 73 | Casetext Search + Citator 13/24 [P]laintiffs must demonstrate that absent a preliminary injunction they will suffer an injury that is neither remote nor speculative, but actual and imminent, and one that cannot be remedied if a court waits until the end of trial to resolve the harm. Where there is an adequate remedy at law, such as an award of money damages, injunctions are unavailable except in extraordinary circumstances. Id. at 118 (quotation marks, alterations, and citations omitted). As the Second Circuit has said, monetary loss is the quintessential form of reparable injury. See Trading Corp. v. Tray\u2013Wrap, Inc., 917 F.2d 75, 79 (2d Cir.1990) (\"[I]t is settled law that when an injury is compensable through money damages there is no irreparable harm.\").*83 In addition, when a party seeks a mandatory injunction that requires the defendant to affirmatively act\u2014as Plaintiff does here\u2014the burden is higher mandatory preliminary injunction \u2018should issue only upon a clear showing that the moving party is entitled to the relief requested, or where extreme or very serious damage will result from a denial of preliminary relief.\u2019 \" Cacchillo v. Insmed, Inc., 638 F.3d 401, 406 (2d Cir.2011) (citing Citigroup Global Mkts., Inc. v Special Opportunities Master Fund Ltd., 598 F.3d 30, 35 n. 4 (2d Cir.2010) ). 83 Several of my colleagues have found that a preliminary injunction seeking defense costs is not subject to the higher standard, and that failure to advance such costs constitutes irreparable harm. See Specialty Ins. Co. v. Level Global Investors, L.P., 874 F.Supp.2d 263, 272 (S.D.N.Y.2012) ; In re WorldCom, Inc. Sec. Litig., 354 F.Supp.2d 455, 463 (S.D.N.Y.2005). But in both of those cases, the issue was whether defense costs should be reimbursed, not how much of the defense costs should be reimbursed. In WorldCom, for example, the insurer claimed that it was under no obligation to advance defense costs. In such a situation, an insured might find himself so injured by the failure to mount an effective defense that only injunctive relief would be adequate. See, e.g., In re WorldCom, Inc. Sec. Litig., 354 F.Supp.2d 455, 469 (S.D.N.Y.2005). As Judge Cote said, It is impossible to predict or quantify the impact on a litigant of a failure to have adequate representation at this critical stage of litigation. The ability to mount a successful defense requires competent and diligent representation. The impact of an adverse 2/17/25, 12:12 Stuckey v. National Union Fire Insurance, 131 F. Supp. 3d 73 | Casetext Search + Citator 14/24 judgment will have ramifications beyond the money that will necessarily be involved. There is the damage to reputation, the stress of litigation, and the risk of financial ruin\u2014each of which is an intangible but very real burden. Id. That is not the case here, where National Union has (belatedly) paid what it believes to be reasonable defense costs and agreed to continue advancing such costs on an ongoing basis. Plaintiff also seeks an order enjoining National Union to grant him settlement authority and to pay any settlement he reaches\u2014a kind of relief that undoubtedly changes the status quo by requiring National Union to affirmatively act. Therefore, at least the part of the motion seeking such authority must be judged by the higher standard for mandatory injunctions. II. Plaintiff has not shown that he is entitled to injunctive relief As an initial matter, Plaintiff asks this court to consolidate the preliminary injunction hearing with the trial on the merits. Under Fed.R.Civ.P. 65(a)(2), this court has discretion to order such consolidation. See D.L. Cromwell Investments, Inc. v Regulation, Inc., 279 F.3d 155, 158 (2d Cir.2002). But because there remain factual disputes about which discovery may be important, the request is denied. A. Plaintiff is not entitled to a preliminary injunction directing Defendant to reimburse all of Plaintiff's attorneys' fees At the time Plaintiff filed his motion for a preliminary injunction, National Union had not reimbursed him for any defense costs. Indeed, it had not even acknowledged that he was currently entitled to reimbursement under the Policy. But now that National Union has reimbursed Plaintiff for what it considers \"reasonable\" costs, and has indicated that it will continue to do so in the future, Plaintiff's remaining argument is that he needs injunctive relief to get the full amount he has paid and is paying his presently-retained *84 counsel. No such injunctive relief is warranted, because any harm Plaintiff suffers from not receiving an amount above what National Union 84 2/17/25, 12:12 Stuckey v. National Union Fire Insurance, 131 F. Supp. 3d 73 | Casetext Search + Citator 15/24 has already reimbursed him is compensable in money damages. See Trading Corp., supra, 917 F.2d at 79. Plaintiff's motion fails even under the lower standard for prohibitory injunctions. This case is not like those in which the insured was not being advanced any defense costs at all. For example, in In re WorldCom, Inc. Sec. Litig., 354 F.Supp.2d 455 (S.D.N.Y.2005), a director sued several insurers for failure to advance defense costs under an excess liability policy. The insurers argued that they relied on false financial statements provided by the company in its application for insurance, which rendered the policies void ab initio; the insurers also argued and that they had effectively rescinded the policies. The dispute was over whether the insurers were required to advance the fees at all, not whether they were advancing a reasonable amount of fees. Judge Cote held that in such a dire situation, where the insured was receiving no advancement of defense costs, he suffered irreparable harm. After finding that the insured was likely to succeed on the merits, the court granted the preliminary injunction. But here National Union has reimbursed Plaintiff for what it considers reasonable fees and has stated its intention to continue advancing reasonable defense costs. Plaintiff suffers no irreparable harm because he and National Union differ on what constitutes \"reasonable\" defense costs. He can bring a suit for money damages, and there will be an adjudication about the reasonableness of National Union's position. In his Reply Brief, Plaintiff argues that National Union's partial payment does not alleviate his irreparable harm. (Plaintiff's Reply Memorandum in Support of Plaintiff's Motion for Preliminary Injunction at 5 (Docket # 17).) Plaintiff decries the fact that the \"promise of partial reimbursement came only after National Union spent months ignoring Stuckey's demands for reimbursement; after Stuckey was forced to commence this action to seek a preliminary injunction; and after National Union and Stuckey's counsel engaged in negotiations about settling this preliminary injunction action, which were ultimately unsuccessful.\" (Id. (emphases in original).) In other words, Plaintiff accuses National Union of behaving inequitably. But these arguments do not address the issue of irreparable harm. Even assuming National Union behaved inequitably, \"inequitable conduct alone cannot 2/17/25, 12:12 Stuckey v. National Union Fire Insurance, 131 F. Supp. 3d 73 | Casetext Search + Citator 16/24 justify the entry of a preliminary injunction. The linchpin of such interim relief is that threatened irreparable harm will be prevented by that injunction.\" Buckingham Corp. v. Karp, 762 F.2d 257, 262 (2d Cir.1985). Plaintiff fails to establish that he is being irreparably harmed by National Union's failure to advance the disputed portion of his defense costs. Fee disputes between attorneys and clients\u2014or attorneys and third-party payors \u2014are par for the course in high-stakes litigation, and the reasonableness of attorneys' fees is a frequently-tried issue. Plaintiff has not come close to establishing that it would be difficult\u2014let alone very difficult\u2014to quantify damages at trial. But \"irreparable harm exists only where there is a threatened imminent loss that will be very difficult to quantify at trial.\" Tom Doherty Associates, Inc. v. Saban Entm't, Inc., 60 F.3d 27, 38 (2d Cir.1995 court sitting in equity should not resolve such disputes when money damages can fully compensate any loss. Tucker Anthony Realty Corp. v. Schlesinger, 888 F.2d 969, 975 (2d Cir.1989) (\"The injury must be one requiring *85 a remedy of more than mere money damages.\"). 85 Plaintiff also argues that he might, \"as a result of a sudden inability to pay legal fees, ... lose his existing counsel in the middle of (and quite possibly at a key moment in) the Underlying Action.\" (Plaintiff's Reply Memorandum in Support of Plaintiff's Motion for Preliminary Injunction at 6 (Docket # 17).) But Plaintiff offers no evidence that he is unable to continue paying counsel, nor does he identify any realistic prospect that he will \"suddenly\" become unable to do so. The potential harm he identifies is too speculative to justify the drastic remedy of injunctive relief. See Tucker Anthony Realty Corp. v. Schlesinger, 888 F.2d 969, 975 (2d Cir.1989) (\"To establish irreparable harm, Plaintiff's must demonstrate an injury that is neither remote nor speculative, but actual and imminent.\" (Citation and quotation marks omitted)). Although that alone is grounds enough for denying the motion, Plaintiff also has not shown a likelihood of success on the merits entitling him to all the additional fees. Plaintiff does not argue that National Union's refusal to reimburse fees for administrative work, block-billed time, duplicative effort, excessive hours, or non-billable activities is somehow unreasonable or contrary to the terms of the Policy. He does not appear to have asked 2/17/25, 12:12 Stuckey v. National Union Fire Insurance, 131 F. Supp. 3d 73 | Casetext Search + Citator 17/24 National Union for clarification of the deficiencies identified after its invoice review, and the parties do not appear to have even discussed whether some or all of the flagged deficiencies might be remediable (e.g., the block-billed time) or turn out to be reimbursable (e.g., the pre-NYU-tender billing). Plaintiff does argue that the hourly cap is unreasonable, but that is a matter on which reasonable minds could differ\u2014although recognize that the numbers are low for legal representation in New York City absent the sort of negotiated rates that large consumers of legal services (like insurance companies) negotiate in exchange for providing volume business. Plaintiff certainly has a case that National Union's rate cap is unreasonable\u2014 especially since he had no knowledge that National Union was insuring him when he selected counsel. But that is a matter for trial. In short, Plaintiff has not shown that he is entitled to injunctive relief for additional defense costs. B. Plaintiff is not entitled to a mandatory injunction giving him unlimited settlement authority in violation of the terms of the Policy Plaintiff requests a preliminary injunction \"ordering National Union to authorize and fund a settlement in the Underlying Action, as required by the terms of the Policy.\" (Plaintiff's Memorandum of Support of Plaintiff's Motion for Preliminary Injunction at 15 (Docket # 5).) He further describes the relief sought in his Proposed Order to Show Cause. He wants the court to: (1) Declar[e] that Stuckey may henceforth negotiate and consummate a settlement agreement with the plaintiff in the Underlying Action without involving National Union, and without Stuckey violating the Policy; [and] (2) Declar[e] that any settlement which may be reached between Stuckey and the plaintiff in the Underlying Action is fair and reasonable such that National Union is obligated to indemnify Stuckey for the settlement amount. 2/17/25, 12:12 Stuckey v. National Union Fire Insurance, 131 F. Supp. 3d 73 | Casetext Search + Citator 18/24 (See Order to Show Cause, \u00b6 7\u20138 (Docket # 16).) Plaintiff's second request is ridiculous on its face cannot very well bless as reasonable, let alone order National Union to bless as reasonable, a settlement that has not yet been negotiated and so is of indeterminate *86 amount will, therefore, limit discussion to Plaintiff's first request. 86 Plaintiff's request for an injunction authorizing him to conduct settlement talks on his own without violating the Policy fails to satisfy any of the requirements for injunctive relief. First, Plaintiff has shown no likelihood of succeeding on the merits of a claim that he be allowed to enter into any settlement he chooses with the plaintiff without involving National Union and without violating the Policy. On the contrary, Plaintiff seeks relief that expressly contradicts the terms of the Policy. Under the Policy, National Union must consent to any settlement. The Policy provides that Plaintiff \"shall not admit or assume any liability or incur any Defense Costs without the prior written consent of the Insurer.\" (Compl., Ex. F, Policy \u00a7 8.) It also provides that, \"the Insurer may withhold consent to any settlement, stipulated judgement or Defense Costs, or any portion thereof, to the extent such Loss is not covered under the terms of this policy.\" (Id. ) Second, National is expressly permitted to \"effectively associate with the insureds in the defense of any Claim ... including but not limited to negotiating a settlement.\" (Id. ) In short, it would violate the Policy for Plaintiff to settle without involving National Union; he cannot pretend otherwise. Plaintiff hints at an argument that National Union should be precluded from relying on its rights under the Policy because of past bad faith failures to authorize settlement. In support of this, he points to two alleged failures by National Union. First, he argues that Mr. Hayward refused to intervene and bring to the table the National Union claims handler in charge of the claims. This failure, Plaintiff says, frustrated his ability to settle with the plaintiff in the Underlying Action, because the plaintiff demands a comprehensive settlement with both Stuckey and NYU. Second, he argues that National Union failed to respond to his August 2015 request that 2/17/25, 12:12 Stuckey v. National Union Fire Insurance, 131 F. Supp. 3d 73 | Casetext Search + Citator 19/24 National Union authorize a settlement offer\u2014a request made two weeks before filing the present motion. Plaintiff claims that because of these failures, \"repeated overtures to settlement by the plaintiff in the Underlying Action have gone unresponded [sic ].\" (Plaintiff's Memorandum of Support of Plaintiff's Motion for Preliminary Injunction at 14 (Docket # 5).) But these episodes do not constitute a \"clear showing\" of bad faith failure to authorize settlement that would warrant stripping National Union of its contractual rights. Assuming New York law applies, bad faith failure to settle requires a showing that the insurer failed to treat the insured's interests equal to its own, which \"can be shown by \u2018a pattern of behavior evincing a conscious or knowing indifference to the probability that an insured would be held personally accountable for a large judgment if a settlement offer within the policy limits were not accepted. \u2019 \" Pinto v. Allstate Ins. Co., 221 F.3d 394, 399 (2d Cir.2000) (emphasis added) (quoting Pavia v. State Farm Mutual Automobile Insurance Co., 82 N.Y.2d 445, 453\u201354, 605 N.Y.S.2d 208, 626 N.E.2d 24 (1993) ). As a threshold matter, it is not even clear that a bad faith argument can proceed absent a concrete risk of personal exposure to the insured, and Plaintiff has not even suggested that a potential jury award or settlement amount would exceed *87 the Policy limits. In any event, there is no \"pattern of behavior\" here suggesting that National Union was indifferent to the possibility that Plaintiff would be personally liable for a large judgment. 1 87 1 The Policy is silent about choice of law, but the parties' briefs assume that New York law applies. Such tacit consent \"is sufficient to establish choice of law.\" Photopaint Technologies v. Smartlens Corp., 335 F.3d 152, 160 n. 8 (2d Cir.2003) (quoting Krumme v. WestPoint Stevens, Inc., 238 F.3d 133, 138 (2d Cir.2000) ). -------- Of the two events that Plaintiff identifies, one is irrelevant and the other is insufficient to establish bad faith. National Union's alleged failure to authorize to join in settlement talks is irrelevant. Plaintiff himself admitted National Union was more than willing to facilitate settlement between Stuckey and the plaintiff in the Underlying Action months ago. (See Compl., Ex. L.) The plaintiff in the 2/17/25, 12:12 Stuckey v. National Union Fire Insurance, 131 F. Supp. 3d 73 | Casetext Search + Citator 20/24 Underlying Action refuses to talk settlement with just one defendant. Plaintiff does not ask the court to compel to discuss settlement so that he can, and frankly see no way that could do so has its own interests, and they are far from congruent with Plaintiff's. That leaves one incident which could plausibly form the basis for a charge of bad faith against National Union\u2014its failure to respond to Plaintiff's August 10, 2015 request for settlement authority. But, as Plaintiff must concede, National Union's claims handler wrote on September 3, 2015, to express National Union's desire to facilitate a global resolution of the Underlying Action. (Declaration of John Crossman in Support of Plaintiff's Reply Memorandum, Ex. 5 (Docket # 18).) Although this email did not address Plaintiff's specific settlement request, it does show National Union's willingness to facilitate a resolution. As much as Plaintiff would like this court to ignore such a belated overture cannot. Plaintiff has brought forth no evidence to support a showing that National Union acted in such bad faith that he should be permitted to engage in settlement talks without it. Second, Plaintiff has not shown that he will suffer irreparable harm in the absence of injunctive relief. The only incident that directly relates to the relief he seeks\u2014that is, the only incident that relates to his settlement authority, as opposed to NYU's settlement authority\u2014was a purported failure by National Union to respond to Plaintiff's request for settlement authority, made just weeks before filing the instant lawsuit. Plaintiff is not irreparably injured by having to wait a few weeks for National Union to respond to his inquiries. To the extent that Plaintiff argues such delay will result in a worse settlement, then so much the worse for National Union. Under the Policy, National Union must indemnify Plaintiff for Loss occurring as a result of a covered claim. Assuming no exclusions apply, National Union would be paying for the \"worse\" settlement that Plaintiff anticipates. That might harm National Union, but it does not harm Plaintiff, let alone irreparably so. Plaintiff's other arguments for the irreparable harm associated with the lack of settlement authority are contingent on his claims for defense costs. (See Plaintiff's Memorandum of Support of Plaintiff's Motion for Preliminary Injunction at 16 (Docket # 5).) Now that those costs are being advanced (at 2/17/25, 12:12 Stuckey v. National Union Fire Insurance, 131 F. Supp. 3d 73 | Casetext Search + Citator 21/24 least in part), Plaintiff is no longer at risk of \"compromised\" representation or \"suffer[ing] the impact of an adverse judgment in the Underlying Action resulting from an inability of being able to continue to pay for adequate representation.\" (Id. ) True, Plaintiff and Defendant have disputes over the reasonableness of Plaintiff's defense costs, but Plaintiff has not demonstrated that National Union's position is unreasonable. Plus, it's only money, and where injury can be compensated in damages, it is not irreparable. Third, the balance of hardships does not tip in Plaintiff's favor. After National Union agreed to advance reasonable *88 defense costs, Plaintiff's hardship was lessened considerably. But allowing Plaintiff to settle the case without National Union would be an extreme hardship on National Union that contradicts the express terms of the Policy. 88 Fourth, the public interest would not be served by granting Plaintiff's request. Although Plaintiff is right that the public interest is served by the enforcement of contracts, this interest cuts against him. The Policy requires Plaintiff to obtain the consent of National Union for all settlements. (Compl., Ex. F, Policy \u00a7 8.) It permits National Union to \"effectively associate with the insureds in the defense of any Claim ... including but not limited to negotiating a settlement.\" (Id. ) There is no countervailing public interest in Plaintiff obtaining a speedy response to his request for settlement authority. Although neither party cites to any cases discussing injunctive relief in this context find instructive the reasoning of a district court facing a similar question. In Indus., Inc. v. Aetna Cas. & Sur. Co., 646 F.Supp. 819 (D.R.I.1986), Judge Pettine denied an insured's request for a preliminary injunction that would \"enjoin each insurance company from breaching their alleged obligations to contribute to any settlement reached and from challenging the settlement amount.\" Id. at 820. In that case, the plaintiff was a corporation that owned an Ohio factory. The corporation maintained insurance policies that it argued covered the claims of a former employee who sued the corporation for intentionally exposing him to toxic chemicals. 2/17/25, 12:12 Stuckey v. National Union Fire Insurance, 131 F. Supp. 3d 73 | Casetext Search + Citator 22/24 While the corporation engaged in settlement negotiations with the plaintiff- employee, several of the corporation's insurance providers sought declaratory relief as to their respective responsibilities; the corporation also sought a preliminary injunction to ensure that it could negotiate a settlement with the plaintiff-employee that the insurers would be required to indemnify. Judge Pettine held that injunctive relief was not available because, among other deficiencies, there was no irreparable harm. Id. at 822\u2013 23. Any failure to indemnify a settlement authorized under the polices could be remedied by money damages \"under an action for breach of contract.\" Id. at 822. So too here. If Plaintiff does manage to show any harm from National Union's failure to authorize a timely settlement, he can recover money damages in a suit for breach of contract (assuming a court finds that failure to authorize a timely settlement breaches National Union's Policy obligations). And if National Union refuses to indemnify Plaintiff for a settlement that he enters into consistent with the terms of the Policy, then he can bring a breach of contract claim for that too. Plaintiff has an adequate remedy at law, assuming he could prevail on the merits of a claim that directly contradicts the express terms of the Policy. He has not made the \"clear showing\" required to entitle him to a preliminary injunction For the foregoing reasons, Plaintiff's motion for preliminary injunction is denied. The Clerk of the Court is directed to terminate the motion and remove it from the Court's list of pending motions. About us Jobs News Twitter 2/17/25, 12:12 Stuckey v. National Union Fire Insurance, 131 F. Supp. 3d 73 | Casetext Search + Citator 23/24 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. 2/17/25, 12:12 Stuckey v. National Union Fire Insurance, 131 F. Supp. 3d 73 | Casetext Search + Citator 24/24", "7456_103.pdf": "v. James Stuckey, Defendant-respondent. (2015) Stephanie BONADIO, Plaintiff\u2013Appellant, v UNIVERSITY, Defendant, James Stuckey, Defendant-respondent. Decided: June 23, 2015 MAZZARELLI, J.P., SWEENY, ACOSTA, CLARK, KAPNICK, JJ. Outten & Golden LLP, New York (Gregory S. Chiarello of counsel), for appellant. Zukerman Gore Brandeis & Crossman, LLP, New York (John K. Crossman of counsel), for respondent. Order, Supreme Court, New York County (Paul Wooten, J.), entered October 30, 2014, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion to compel discovery of information related to claims of sexual misconduct made against defendant Stuckey when he was employed by Forest City Ratner (FCR), except insofar as such information was provided to or otherwise known by defendant New York University or, in the alternative, to renew plaintiff's prior motion to compel or reargue Stuckey's prior motion to quash, unanimously reversed, on the law and the facts, without costs, and the motion to compel granted. Plaintiff claims that she was subjected to unlawful conduct in the form of unwanted touching by defendant Stuckey; Stuckey denies that his intent was to harass plaintiff or that his conduct was unwanted. He claims that he took plaintiff's hand and placed it on his upper leg, innocently and with her consent, in an effort to console her. As Stuckey's intent is at issue and \u201cno particular intent can be inferred from the nature of the act [he] committed,\u201d plaintiff is entitled to disclosure of evidence that bears on his intent, e.g. \u201cother similar acts\u201d (see Matter of Brandon, 55 N.Y.2d 206, 211\u2013212 [1982] ). Thus, she is entitled to information related to claims of sexual misconduct made against Stuckey while he was employed at (see e.g. Pecile v. Titan Capital Group, LLC, 119 AD3d 446 [1st Dept 2014] ). We have considered all other claims and find them unavailing. \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/17/25, 12:12 v. James Stuckey, Defendant-respondent. (2015) | FindLaw 1/7 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. James Stuckey, Defendant-respondent. (2015) Decided: June 23, 2015 2/17/25, 12:12 v. James Stuckey, Defendant-respondent. (2015) | FindLaw 2/7 Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer \uf105 \uf105Practice Management \uf105Legal Technology \uf105Law Students Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 For Legal Professionals 2/17/25, 12:12 v. James Stuckey, Defendant-respondent. (2015) | FindLaw 3/7 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 * 2/17/25, 12:12 v. James Stuckey, Defendant-respondent. (2015) | FindLaw 4/7 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 2/17/25, 12:12 v. James Stuckey, Defendant-respondent. (2015) | FindLaw 5/7 Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer Questions? At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Contact us. Stay up-to-date with how the law affects your life. Sign up for our consumer newsletter \uf105 Our Team Accessibility Contact Us \uf105 By Location By Legal Issue By Lawyer Profiles Legal Forms & Services Learn About the Law State Laws U.S. Caselaw U.S. Codes Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 2/17/25, 12:12 v. James Stuckey, Defendant-respondent. (2015) | FindLaw 6/7 US: \uf09a \uf16a \uf16d By Name Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > | Privacy > | Disclaimer > | Cookies > 2/17/25, 12:12 v. James Stuckey, Defendant-respondent. (2015) | FindLaw 7/7", "7456_104.pdf": "Schack Dean James Stuckey Accused of Sexual Harassment, Again An administrator is accusing the school for failing to honor her promotion after she claimed that then-New York University By Daniel Edward Rosen \u2022 01/26/12 12:51pm An administrator is accusing the school for failing to honor her promotion after she claimed that then-New York University Schack Institute dean James Stuckey sexually harassed her in a 2011 incident, according to a lawsuit filed in New York State Supreme Court. Sign Up For Our Daily Newsletter Email Address 2/17/25, 12:12 Schack Dean James Stuckey Accused of Sexual Harassment, Again | Observer 1/4 Stephanie Bonadio, 34, alleges that Mr. Stuckey had \u201cforcibly placed her hand on his crotch and his erect penis\u201d while the two were discussing her recent promotion at a dinner at The Strip House on September 23, the suit says. In the Spring of 2011, Ms. Bonadio had been promoted to Director of Corporate and Executive Education, which also came with a bump in salary. She claims in the suit that her promotion was never officially put in effect, and she requested a meeting with Mr. Stuckey in the hopes of speeding up her promotion, according to the suit (which can be read in its entirety by clicking the link at the bottom of this article). \u201cThe job that she then had was never clarified, except it was clarified that she didn\u2019t have the job that he gave her,\u201d said Kathleen Peratis, Ms. Bonadio\u2019s attorney. Three days following the alleged incident, Ms. Bonadio said she reported it to the head of human resources at NYU. On September 30th, she received a text message and phone calls from several New York University officials stating that Mr. Stuckey had resigned from the school, citing \u201chealth reasons.\u201d Mr. Stuckey had also resigned from his position as president of the city\u2019s Public Design Commission around that same time. Then, on October 6, Ms. Bonadio was told by school officials that \u201cher job no longer existed and that there was no specific job at into which she could be placed,\u201d according to the suit. An New York University spokesman told The Daily News that Ms. Bonadio was never fired for lodging a sexual harassment complaint against Mr. Stuckey. \u201cShe continues to have a job and we have urged her to work Vice President for Public Affairs John Beckman told the Daily News. He was not immediately available for comment. See all of our newsletters 2/17/25, 12:12 Schack Dean James Stuckey Accused of Sexual Harassment, Again | Observer 2/4 Ms. Peratis said she had yet to receive definitive word from that Ms. Bonadio still has her job at the school. \u201cIf and when they tell us that, we will take appropriate steps, but we\u2019re not going to do this in the press,\u201d she added. The lawsuit, which was filed yesterday, is seeking punitive damages, lawyers fees, owed salary, and trial by jury, among other demands. Mr. Stuckey made headlines years before when he abruptly resigned as head of the Atlantic Yards development during his time as an executive vice president of Forrest City Ratner Cos. His resignation was spurred on by internal complaints that Mr. Stuckey had acted improperly at a company Christmas party, where he had a number of female colleagues sit on his lap inside a private room in a club, The Post reported (1:38 Spokesman John Beckman quickly sent us this statement about Ms. Bornadio\u2019s lawsuit: \u201cWe have not seen the legal papers in this case, though we have been in contact with Ms. Bonadio\u2019s attorneys for some time. \u201cThe University does not tolerate sexual harassment, and all employees are required to complete sexual harassment training. The allegation that the University would punish someone for reporting sexual harassment is entirely false; in fact, we take such complaints seriously and act quickly to investigate them. \u201cMr. Stuckey has not been an employee since late September. \u201cMs. Bonadio has not appeared at work or undertaken any work assignments since about that same time, though the University has continued to pay her. We 2/17/25, 12:12 Schack Dean James Stuckey Accused of Sexual Harassment, Again | Observer 3/4 have made clear to Ms. Bonadio\u2019s attorneys that she continues to have a job open for her \u2013 Director of Corporate Services for the Division of Programs in Business \u2014 and we have urged her to return to work; neither she nor her attorneys have been clear about either accepting or rejecting the position.\u201d BonadioSuit drosen@observer.com Filed Under: Real Estate, Stephanie Bonadio, Kathleen Peratis, John Beckman, James Stuckey, New York University, Atlantic Yards Small Group of Mortgage Lenders Survived Rate Hikes\u2014Now They Face the Double-Edged Sword of A.I. 2/17/25, 12:12 Schack Dean James Stuckey Accused of Sexual Harassment, Again | Observer 4/4", "7456_105.pdf": "The former head of the city\u2019s Public Design Commission and dean of NYU\u2019s real-estate institute was accused of sexual harassment and sex assault for forcing a female subordinate\u2019s hand into his crotch, according to a lawsuit filed in Manhattan Supreme Court yesterday. James Stuckey was ousted from his job at four days after the alleged incident was reported to university officials in September. He quit his high- profile city appointment the following month as The Post prepared a story reporting that gave him the boot because of accusations that he had sexually harassed women at the university. Stephanie Bonadio, 34, said Stuckey gave her a promotion and then took her to dinner, where he allegedly \u201cgrabbed her hand and would not let it go and, without her consent, he forcibly placed her hand on his crotch and his erect penis.\u201d jmargolin@nypost.com dean\u2019s \u2018evil designs By Josh Margolin Published Jan. 26, 2012, 5:00 a.m New Jersey high school football coach arrested for sexual News Metro Long Island Politics World News 2/17/25, 12:12 dean\u2019s \u2018evil designs\u2019 1/2 \u00a9 2025 Holdings, Inc. All Rights Reserved Terms of Use Membership Terms Privacy Notice Sitemap Your California Privacy Rights Just like Bridget Jones, Ren\u00e9e Zellweger is finding love after heartbreak \u2014 at age 55 Chevy Chase attends 50' special after slamming show \u2014 and nearly coming to blows with Bill Murray 2/17/25, 12:12 dean\u2019s \u2018evil designs\u2019 2/2", "7456_106.pdf": "January 2012 January 27, 2012 by mjpospis Sexual Harassment Lawsuit Below is a copy of the complaint filed on Wednesday, January 25th in New York State court against New York University and James Stuckey by Stephanie Bonadio, a director at NYU\u2019s School of Continuing and Professional Studies. Plaintiff alleged that advised her \u201cthat her job no longer existed and that there was no specific\u2026 Read More Share This: January 25, 2012 by mjpospis Supreme Court Holds That Affixing Tracking Device to a Car Constitutes a Fourth Amendment \u201cSearch\u201d On January 23, 2012, the U.S. Supreme Court held (in U.S. v. Jones; decision below) that the government\u2019s \u201cinstallation of a device on a target\u2019s vehicle, and its use of that device to monitor the vehicle\u2019s movements, constitutes a \u2018search\u2019\u201d within the meaning of the Fourth Amendment. Central to the Court\u2019s analysis and conclusion\u2026 Read More Share This: Pospis Law 2/17/25, 12:12 January 2012 \u2013 Pospis Law 1/6 January 24, 2012 by mjpospis Lawyer\u2019s Wrongful Termination Suit Survives Under Narrow Public Policy Exception to \u201cAt Will\u201d Employment Rule In Connolly v. Napoli Kaiser Bern LLP, 2012 Slip Op 50075 Sup Ct Cty. 105224/05) (J. Madden), the court held that plaintiff (an attorney) presented sufficient evidence \u2013 pursuant to the narrow public policy exception to the \u201cat-will\u201d employment rule established by the Court of Appeals in Wieder v. Skala, 80 NY2d\u2026 Read More Share This: January 18, 2012 by mjpospis \u201cDeath by Gym\u201d Less Likely Now \u2013 Court Imposes Affirmative Duty to Use Defibrillator state appellate court recently held that the New York statute that requires certain health clubs in the State of New York to provide an automated external defibrillator (AED) device, as well as a person trained in its use, also imposes an affirmative duty of care upon said clubs so as to give rise to\u2026 Read More Share This: Pospis Law 2/17/25, 12:12 January 2012 \u2013 Pospis Law 2/6 January 15, 2012 by mjpospis Supreme Court Recognizes \u201cMinisterial Exception\u201d to Anti-Discrimination Laws Last Wednesday the U.S. Supreme Court (scroll down for decision) explored the interaction between the laws prohibiting employment discrimination (here, the ADA), on the one hand, and the First Amendment\u2019s command that \u201cCongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof\u201d, on the other. The Supreme Court Recognizes\u2026 Read More Share This: January 13, 2012 by mjpospis Bipolar lawyer\u2019s \u201cdisability\u201d does not excuse misconduct In Hazen v. Hill Betts & Nash, 2012 19388 (Jan. 5, 2012), the Appellate Division (First Dept.) applied the principle \u201cthat the New York State Human Rights Law does not immunize disabled employees from discipline or discharge for incidents of misconduct in the workplace\u201d. Attorney Hazen charged hotel rooms, limousines, alcohol, adult movies and\u2026 Read More Share This: Pospis Law 2/17/25, 12:12 January 2012 \u2013 Pospis Law 3/6 January 9, 2012 by mjpospis Court Denies Employer Recovery of Wages Earned by Alleged Disloyal Employee In Cerciello v. Admiral Ins. Brokerage Corp., plaintiff alleged sexual harassment, hostile work environment, and retaliation. Defendants filed two counterclaims, respectively seeking (1) sanctions for frivolous litigation conduct and (2) \u201crecovery of wages paid to the plaintiff during her last year of employment on the ground \u2026 that the plaintiff failed to perform the tasks\u2026 Read More Share This: January 9, 2012 by mjpospis Demand Letter Accusing Hewlett Packard Mark Hurd of Sexual Harassment In my plaintiff-centric practice, my opening move \u2013 or rather, in keeping with the \u201clitigation is war\u201d analogy, \u201cshot across the bow\u201d \u2013 is, more often than not, a demand letter. At worst, such a letter will be ignored by one\u2019s adversary; at best, it may lead to a lucrative settlement before litigation expenses kick\u2026 Read More Share This: Pospis Law 2/17/25, 12:12 January 2012 \u2013 Pospis Law 4/6 January 6, 2012 by mjpospis Second Circuit affirms jury verdict and $200k damage award following racially-motivated scuffle In Wong v. Mangone, the Second Circuit recently affirmed a jury verdict in a case brought by Aaron Wong against James Mangone and upheld awards of $200,000 in damages and more than $167,000 in attorneys\u2019 fees. Wong (who is black) alleged that Mangone (who is white) assaulted him while hurling racially derogatory language. In particular,\u2026 Read More Share This: January 2, 2012 by mjpospis Second Circuit Vacates Discmissal of Teacher\u2019s First Amendment Retaliation Claim In Nagle v. Marron et al. (decided Dec. 12, 2011), the Second Circuit vacated a district court\u2019s grant of summary judgment against a schoolteacher (Nancy Nagle) who alleged, under 42 U.S.C. 1983, that she was denied tenure and terminated in retaliation for exercising her First Amendment rights \u2013 namely, reporting a fellow teacher for abusing students\u2026 Read More Share This: Pospis Law 2/17/25, 12:12 January 2012 \u2013 Pospis Law 5/6 305 Broadway, 7th Floor New York 10007 (212) 227-2100 mike@pospislaw.com Contact Form Employment Discrimination Sexual Harassment in Employment Hostile Work Environment Personal Injury Attorney Advertising. Prior results do not guarantee or suggest a similar outcome. Viewing, accessing, or using this website (including but not limited to the Blog and/or Contact Form) does not create an attorney- client relationship between you and Pospis Law, PLLC. Nothing on this website constitutes legal advice. Disclaimer Statement of Client\u2019s Rights Login Copyright \u00a9 2025 Pospis Law, PLLC. Powered by WordPress and Themelia. Pospis Law 2/17/25, 12:12 January 2012 \u2013 Pospis Law 6/6"} |
7,497 | Ed Vaughan | Otterbein University | [
"7497_101.pdf",
"7497_102.pdf",
"7497_103.pdf"
] | {"7497_101.pdf": "2024 16TH 31ST! Former Otterbein Professor Goes To Court Next Month 90.5FM | By Jim Letizia Published September 26, 2013 at 12:25 former Otterbein University theater professor faces trial in October on charges of sexual imposition, disorderly conduct and unlawful restraint. Court documents indicate Ed Vaughan had inappropriate physical contact with a 19-year-old female student during a theater performance last spring. Vaughan was placed on paid leave and retired after the allegations surfaced. Tags News Otterbein University Ed Vaughan Jim Letizia Jim has been with since 1996. Before that he worked as a reporter at another Columbus radio station, and for three newspapers in Southwest Florida. See stories by Jim Letizia Donate Nocturnal Jukebox 2/17/25, 12:13 Former Otterbein Professor Goes To Court Next Month 1/2 Stay Connected \u00a9 2025 90.5 is a broadcast service of Columbus City Schools. About Contact Employment Internships Privacy Public File Nocturnal Jukebox 2/17/25, 12:13 Former Otterbein Professor Goes To Court Next Month 2/2", "7497_102.pdf": "Retired Otterbein professor pleads no contest to sexual imposition [This story has been updated from a previous version.] Ed Vaughan, a retired theater professor, was accused by a student of sexual imposition in May 2013. The case was not filed in Franklin County Municipal Court until August of the same year. Otterbein\u2019s police department refused to release the incident report to Otterbein360.com. Otterbein360.com requested and obtained the incident report from the Westerville City Prosecutor Michael Fultz. The report included a three-page report and a two-page victim statement. The victim statement described the incident with Vaughan. The victim wrote that other students and professors were present when the incident occurred. Vaughan, now retired, pleaded no contest to charges of sexual imposition, unlawful restraint and disorderly conduct Nov. 12 in Franklin County Municipal Court. Vaughan is to be sentenced on Jan. 9, 2014 by Judge Scott D. VanDerKarr. Sexual imposition is a third-degree misdemeanor under Ohio law and carries a maximum jail term of 60 days and up to a $500 fine no-contest plea means that Vaughan accepted the facts presented by the prosecutor but did not plead guilty. Vaughan was ordered to stay away from the incident location. For more updates, follow us at Otterbein360.com More Katie Taggart \u00b7 November 12, 2013 // 1:15pm 2/17/25, 12:13 Retired Otterbein professor pleads no contest to sexual imposition - T&CMedia 1/5 12 Smash Bros. esports team works toward a better season this semester 10 Baseball eyes up an tournament run in 2025 season 2/17/25, 12:13 Retired Otterbein professor pleads no contest to sexual imposition - T&CMedia 2/5 31 Risky AI: The reality of in higher education 27 Students voice concerns on the political divide while hoping for a positive future 2/17/25, 12:13 Retired Otterbein professor pleads no contest to sexual imposition - T&CMedia 3/5 22 Students seek to share culture connection through Otterbein Asian Community Today's Lineup 12:00-6:30am Alternative 6:30-7:30am Money'$ Morning $how 7:30-10:00am Alternative 10:00-11:00am Money'$ Morning $how 11:00am-12:00pm Talks with Rebel 12:00-1:00pm Idols & Anthems 1:00-2:00pm Alternative 2:00-3:00pm The Scoreboard 3:00-8:00pm Alternative 8:00-9:00pm Cine-Nyms 9:00pm-12:00am Alternative Newscast The Chirp Email Address (Required) Subscribe Weekly Where and When 3/25/2024 0:00 0:00 / 0:00 / 0:00 First Name Last Name 2/17/25, 12:13 Retired Otterbein professor pleads no contest to sexual imposition - T&CMedia 4/5 Media on Friday The Otterbein Department of Theatre and Dance will be preforming \"The Laramie Project\" as their first production of the spring 2025 semester. The show is about the tragedy Media Media 169 followers 169 followers Follow Page T&CMedia Department of Communication Otterbein University One South Grove St. Westerville 43081 news radio sports opinion about us \u00a9 2025 Read our Privacy Policy Station Profile Public Inspection Files For help or assistance please contact us at 1-877-480-3201 or 1-717-338-2824 (TTY) or you may submit requests online via e-support. Powered by Solutions by The State News All Content \u00a9 2025 T&CMedia 2/17/25, 12:13 Retired Otterbein professor pleads no contest to sexual imposition - T&CMedia 5/5", "7497_103.pdf": "Otterbein able to keep sex-case particulars under wraps Encarnacion Pyle, The Columbus Dispatch Published 12:01 a.m Oct. 19, 2013 Updated 9:31 a.m Oct. 19, 2013 former Otterbein University theater professor is set to be arraigned next week after a student said he placed his hand inside the back of her pants at a performance last spring. But Otterbein officials refused to release the incident report involving Ed Vaughan this week, maintaining that the private liberal-arts college in Westerville is exempt from the Ohio public-records act. It\u2019s a situation that is becoming increasingly common as more private colleges across the country assume greater control for policing on their campuses. \u201cIf you\u2019re going to be given a badge, a gun and the ability to shoot to kill, then you should have the same responsibility to report about the crimes that happen on campus as the state law-enforcement agencies elsewhere,\u201d said Frank D. LoMonte, executive director of the Student Press Law Center in Arlington, Va. But all too often, private college campuses are \u201cislands of invisible crime\u201d where even violent offenses such as aggravated assaults and sexual assaults are hidden from public view \u2014 posing a public-safety threat, he said. Vaughan, 64, of Westerville, retired this summer after Otterbein placed him on leave. He had worked at the university for more than 20 years. He is charged with sexual imposition and unlawful restraint, both third-degree misdemeanors that carry a maximum jail term of 60 days and up to a $500 fine. He also is charged with disorderly conduct, a minor misdemeanor 19-year-old female student told officers that Vaughan grabbed her by her waist during a May 11 performance, pulled her close to him and placed his hand down the back of her pants, according to court and other records. 2/17/25, 12:13 Otterbein able to keep sex-case particulars under wraps 1/3 He is set to be arraigned at 9 a.m. Tuesday in Franklin County Municipal Court. When police officers respond to a crime almost anywhere in America, they create an incident report that anyone can view, LeMonte wrote. But when private colleges operate their own police departments, secrecy prevails \u2014 denying the public the opportunity to hold the colleges accountable, he contends. The debate at Otterbein began when the school\u2019s security forces became a commissioned police department two years ago. Initially, Otterbein police officials released some public records. But now, the university says it doesn\u2019t have to based on a 2006 case that says private Ohio entities aren\u2019t subject to the Public Records Act absent \u201cclear and convincing evidence\u201d that they function the same as a public office. That is determined by four factors: whether they perform a government function, how much government money they receive, the extent to which the entities are ruled by government regulation and whether they were created to avoid public-record laws. \u201cIf the law changes, we will comply,\u201d said Bob Gatti, Otterbein\u2019s vice president of Student Affairs. Gatti said the university surveyed the seven private Ohio universities with a campus police department and not one of them releases full incident reports. Protecting student privacy is the main objective, he said. Otterbein is a small campus with a little more than 2,500 students, and when something happens, \u201ceveryone knows about it,\u201d he said. Gatti said he felt certain the university made the right decision after talking to a young woman who was distraught after being contacted by the student newspaper the very same morning that she was sexually assaulted off campus. \u201cThe student and her parents said they felt traumatized twice in one day,\u201d he said. Otterbein releases data on crime and issues crime alerts as required by the federal Clery Act, Gatti said. People also can request to see the university\u2019s daily crime log, but none of those logs have detailed information such as narrative accounts of crimes. 2/17/25, 12:13 Otterbein able to keep sex-case particulars under wraps 2/3 Some states have taken recent steps to require private-school police to give more information. North Carolina lawmakers, for example, passed a law this past summer that requires private- university police departments to make arrest and other investigative records public. Essentially, it requires the same kind of access mandated for municipal, county and state law enforcement. The law was approved just months after the North Carolina Supreme Court split 3-3 on a state Court of Appeals decision that said campus police departments aren\u2019t public law- enforcement agencies. @EncarnitaPyle 2/17/25, 12:13 Otterbein able to keep sex-case particulars under wraps 3/3"} |
7,331 | Peter Lach | Fairmont State University | [
"7331_101.pdf",
"7331_102.pdf"
] | {"7331_101.pdf": "Privacy - Terms 8607-0019bb2963f4.html Sex charge against dean to head to circuit court by Matt Harvey, Assistant Managing Editor Sep 16, 2013 sex charge against the dean of Fairmont State University\u2019s School of Fine Arts is headed to circuit court. Following a hearing that lasted about three hours Monday, a magistrate found probable cause for the second-degree sexual assault charge against Peter Lach. 2/17/25, 12:13 Sex charge against dean to head to circuit court | | wvnews.com 1/2 2/17/25, 12:13 Sex charge against dean to head to circuit court | | wvnews.com 2/2", "7331_102.pdf": "Current News Current Sports Search About Us | Our People | Affiliates | Advertise \uf111 \uf04b \uf111 \uf04b \uf111 \uf002 Home News Sports Outdoors Podcasts Fairmont State dean charged with sexual assault By Jeff Jenkins August 5, 2013 - 12:53 pm FAIRMONT, W.Va dean at Fairmont State University has been placed on administrative leave after being charged with second- degree sexual assault. Peter Lach, 68, the dean of the Fine Arts Deptartment, allegedly pulled down the pants of a coworker, held him down and initiated oral sex. The alleged incident took place Saturday in Lach\u2019s office at Wallman Hall. The man reported the alleged assault while being treated at United Hospital Center in Bridgeport. He said he hit his head on the copy machine in Lach\u2019s office during the incident. Lach was arrested Sunday and initially held on $50,000 bail. Fairmont State released a statement Monday: \u201cFairmont State University Police were contacted about an incident that occurred on campus on Saturday, Aug. 3. Campus Police immediately began a thorough investigation and reached out to the West Virginia State Police to assist in the investigation. Peter Lach was arrested without incident. The case is now in the hands of the Marion County prosecutor\u2019s office. Lach was most recently Dean of the School of Fine Arts. He has been placed on administrative leave,\u201d university spokesperson Amy Pellegrin said. Lach has worked at Fairmont State since July 2002 Nicholas County man jailed on first-degree murder charge 44-year-old man is dead. By Jeff Jenkins Morrisey gives update on storm response; McDowell County resident lives through another major flood By Jeff Jenkins Parents want Hope Scholarship flexibility for educating kids, but they're fed up with purchasing system By Brad McElhinny Photo gallery: Flooding in Mingo, Boone counties By MetroNews Staff Share Tweet Email Share Share 2/17/25, 12:13 Fairmont State dean charged with sexual assault MetroNews 1/2 View All February 14, 2025 Patrick Morrisey's big promises February 6, 2025 Morrisey blames Justice, legislature for budget shortfall January 30, 2025 House of Delegates rule change makes for more public input, not less January 23, 2025 Trump's erosion of the rule of law 0 comments Sort by Facebook Comments Plugin Newest Add a comment... \uf3cd304-346-7055 \uf3c51111 Virginia Street East Charleston 25301 \uf431\uf09a\uf081 Contact Us | Privacy Policy | Employment | Affiliates Intranet Do Not Sell My Personal Information Copyright \u00a9 2025 West Virginia MetroNews Network. 2/17/25, 12:13 Fairmont State dean charged with sexual assault MetroNews 2/2"} |
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